Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 630
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Hutson moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 2665 - 2699
    4  and insert:
    5         (h)1. Except as otherwise provided in this paragraph, any
    6  governing document, or amendment to a governing document, that
    7  is enacted after July 1, 2021, and that prohibits or regulates
    8  rental agreements applies only to a parcel owner who acquires
    9  title to the parcel after the effective date of the governing
   10  document or amendment, or to a parcel owner who consents,
   11  individually or through a representative, to the governing
   12  document or amendment.
   13         2. Notwithstanding subparagraph 1., an association may
   14  amend its governing documents to prohibit or regulate rental
   15  agreements for a term of less than 6 months and may prohibit the
   16  rental of a parcel for more than three times in a calendar year,
   17  and such amendments shall apply to all parcel owners.
   18         3. This paragraph does not affect the amendment
   19  restrictions for associations of 15 or fewer parcel owners under
   20  s. 720.303(1).
   21         4. For purposes of this paragraph, a change of ownership
   22  does not occur when a parcel owner conveys the parcel to an
   23  affiliated entity, when beneficial ownership of the parcel does
   24  not change, or when an heir becomes the parcel owner. For
   25  purposes of this subparagraph, the term “affiliated entity”
   26  means an entity that controls, is controlled by, or is under
   27  common control with the parcel owner or that becomes a parent or
   28  successor entity by reason of transfer, merger, consolidation,
   29  public offering, reorganization, dissolution or sale of stock,
   30  or transfer of membership partnership interests. For a
   31  conveyance to be recognized as one made to an affiliated entity,
   32  the entity must furnish to the association a document certifying
   33  that this subparagraph applies and provide any organizational
   34  documents for the parcel owner and the affiliated entity which
   35  support the representations in the certificate, as requested by
   36  the association.
   37         5. For purposes of this paragraph, a change of ownership
   38  does occur when, with respect to a parcel owner that is a
   39  business entity, every person that owned an interest in the real
   40  property at the time of the enactment of the amendment or rule
   41  conveys their interest in the real property to an unaffiliated
   42  entity.
   44  ================= T I T L E  A M E N D M E N T ================
   45  And the title is amended as follows:
   46         Delete line 94
   47  and insert:
   48         her parcel; providing when a change of ownership of a
   49         parcel does and does not occur; defining the term
   50         “affiliated entity”;