2020 COMMUNITY ASSOCIATION LEGISLATION

The Florida Legislature adopted several revisions to Florida Statutes that impact on community associations and community association managers.

SENATE BILL 476, Chapter 2020-5, Florida Statutes (Effective FEBRUARY 21, 2020)

Law Enforcement Vehicles

Amended Sections 718.129, 719.131, and 720.318, Florida Statutes, to allow an owner, tenant, or guest to park his assigned law enforcement vehicle in an area where the owner, tenant, or guest may otherwise park.  If your association’s governing documents restrict commercial vehicles, that restriction may not be applied to the parking of a law enforcement vehicle. The association must now treat a law enforcement vehicle as a personal vehicle.

Senate Bill 140, chapter 2020-11, Florida Statutes (effective April 8, 2020)

Fireworks

The Legislature created Section 791.08, Florida Statutes, which prohibits a homeowners association from promulgating rules that abrogate a homeowner’s right to use fireworks on July 4, December 31, and January 1. The law does not supersede any prohibition against the use of fireworks contained within a recorded declaration, but the board of a homeowners association may not promulgate rules that prohibit a homeowner’s right to use fireworks during one of the three designated holidays.

Senate Bill 1084, chapter 2020-26, Florida statutes (effective July 1, 2020)

Emotional Support Animals

This legislation applies to condominium, cooperative, and homeowners associations. A housing provider, such as a community association, can request certain written documentation prepared by a health care practitioner. The practitioner or provider of the supporting information must have personal knowledge of the person’s disability and must be acting within the scope of his or her practice. If a person falsifies information or written documentation or knowingly provides fraudulent information to obtain an emotional support animal, they can be charged with a misdemeanor of the second degree.

House Bill 529, chapter 2020-155, Florida statutes (effective July 1, 2020)

Insurance Guaranty

Amended Section 631.57, Florida Statutes, to increase the amount of coverage for property insurance claims by a condominium, cooperative or homeowners association under FIGA (Florida Insurance Guaranty Association) from $100,000 to $200,000, multiplied by the number of units.

HOUSE BILL 255, CHAPTER 2020-153, FLORIDA STATUTES (EFFECTIVE JULY 1, 2020)

Florida Commission on Human Relations

With respect to associations governing “55 and over” communities, Section 760.29, Florida Statutes, was amended to delete the registration requirements for claiming the “Housing for Older Persons” exemption and eliminates related forms, fees, and fines.  Previously, associations were required to submit a registration letter to the Florida Commission on Human Relations once every two years.