LEGISLATIVE SESSION 2025

ANALYSIS OF BILL SB 120 + HB 137 (IDENTICAL)

SB 120 (SUMMARY)

HB 137 (SUMMARY)

HOMEOWNERS’ ASSOCIATION OMBUDSMAN

GENERAL BILL

SB 120 (IDENTICAL) Filed by Senator Danny Burgess

HB 137 (IDENTICAL) Filed By Representative Jervonte Edmonds

Homeowners’ Association Ombudsman; Creating the Office of the Homeowners’ Association Ombudsman within the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation; providing that the ombudsman serves at the pleasure of the Governor; prohibiting the ombudsman and officers and full-time employees of the office from holding certain positions, engaging in certain activities, or receiving certain remuneration; providing for the administration of an election monitoring process, etc.

We should support this bill. Generally, the bill mimics s. 718 F.S. and finally brings some justice to homeowners’ association members by creating s. 720.319, F.S to establish the Office of the Homeowners’ Association Ombudsman within the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation.

The bill provides for funding of the office and directs the Governor to appoint the Ombudsman who serves at the pleasure of the Governor. The bill requires that the Ombudsman be an attorney admitted to practice before the Florida Supreme Court. The bill provides an important ethical standard to prohibit the Ombudsman and officers and full-time employees of the office from holding certain positions, engaging in certain activities, or receiving certain remuneration.

In addition, the bill authorizes the principal location of the Ombudsman’s office, as well as authorizing the Ombudsman to establish branch offices under specified circumstances.

The bill provides the powers and duties of the Ombudsman including access and use all files and records of the division; the responsibility to employ professional and clerical staff for efficient operation of the office. The bill provides that the Ombudsman may prepare and issue reports and recommendations to the Governor, the department, the division, the President of the Senate, and the Speaker of the House of Representatives on any matter or subject within the jurisdiction of the division. The bill provides that the recommendations include legislation related to division procedures, rules, jurisdiction, personnel, and functions. The bill provides that the Ombudsman will act as liaison between the division, parcel owners, boards of directors, board members, community association managers, and other affected parties. The ombudsman shall develop policies and procedures to assist parcel owners, boards of directors, board members, community association managers, and other affected parties to understand their rights and responsibilities under FS 720, and governing documents of respective associations.

In addition, the bill provides that the Ombudsman shall coordinate and assist in the preparation and adoption of educational and reference materials and shall endeavor to providing for the administration of an election monitoring process to ensure fair elections, and authorizes rulemaking for the division.
 

EFFECTIVE JULY 1, 2025