Florida Senate - 2021                                     SB 872
       
       
        
       By Senator Rodrigues
       
       
       
       
       
       27-00764A-21                                           2021872__
    1                        A bill to be entitled                      
    2         An act relating to homeowners’ associations; amending
    3         s. 720.306, F.S.; providing applicability for
    4         governing documents and amendments relating to leasing
    5         which are enacted after a specified date; providing an
    6         exception; providing applicability; specifying when a
    7         change of ownership does or does not occur for certain
    8         purposes; defining the term “affiliated entity”;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (h) is added to subsection (1) of
   14  section 720.306, Florida Statutes, to read:
   15         720.306 Meetings of members; voting and election
   16  procedures; amendments.—
   17         (1) QUORUM; AMENDMENTS.—
   18         (h)1. Except as otherwise provided in this paragraph, any
   19  governing document, or amendment to a governing document, that
   20  is enacted after July 1, 2021, and that prohibits or regulates
   21  leasing applies only to a parcel owner who acquires title to the
   22  parcel after the effective date of the governing document or
   23  amendment, or to a parcel owner who consents, individually or
   24  through a representative, to the governing document or
   25  amendment.
   26         2. Notwithstanding subparagraph 1., an association may
   27  amend its governing documents to prohibit or regulate rentals
   28  for a term of less than 6 months and to prohibit rentals more
   29  than three times in a calendar year, and such amendments shall
   30  apply to all parcel owners.
   31         3. This paragraph does not affect the amendment
   32  restrictions for associations of 15 or fewer parcel owners under
   33  s. 720.303(1).
   34         4. For purposes of this paragraph, a change of ownership
   35  does not occur when a parcel owner conveys the parcel to an
   36  affiliated entity or when beneficial ownership of the parcel
   37  does not change. For purposes of this subparagraph, the term
   38  “affiliated entity” means an entity that controls, is controlled
   39  by, or is under common control with the parcel owner or that
   40  becomes a parent or successor entity by reason of transfer,
   41  merger, consolidation, public offering, reorganization,
   42  dissolution or sale of stock, or transfer of membership
   43  partnership interests. For a conveyance to be recognized as one
   44  made to an affiliated entity, the entity must furnish to the
   45  association a document certifying that this paragraph applies
   46  and provide any organizational documents for the parcel owner
   47  and the affiliated entity which support the representations in
   48  the certificate, as requested by the association.
   49         5. For purposes of this paragraph, a change of ownership
   50  does occur when, with respect to a parcel owner that is a
   51  business entity, each person that owned an interest in the
   52  entity at the time of the enactment of the amendment or rule
   53  conveys its interest in the business entity to an unaffiliated
   54  party.
   55         Section 2. This act shall take effect July 1, 2021.