Florida HB 919 (Ch. 2023-228): HOA Bill of Rights on Records, Fines and Voting Crimes

Quick Answer

CS/CS/HB 919 (2023), which the bill itself says may be cited as the "Homeowners' Association Bill of Rights," revised Florida's HOA law in Chapter 720. It requires board meeting notices to identify agenda items, changes fine notice rules, bars commingling of member deposits, requires conflict-of-interest disclosures, and creates criminal penalties for fraudulent voting. It became Chapter 2023-228 and took effect October 1, 2023. It is an HOA bill, not a solar bill, despite a common mix-up.

At a Glance

What the Law Says

We read the Senate bill page, bill history and Regulated Industries Committee summary. We did not read the enrolled text, so the statutory section numbers beyond those shown above are not stated here.

Meetings, notices and member funds

• "All notices for homeowners' association board meetings" must specifically identify the agenda items.
• The rules for using a member's email to send notices are revised, including allowing a member to designate an address different from the property address for all required notices.
• If an association collects a deposit from a member for any reason, including expenses from construction on the member's parcel, the funds must not be commingled with other association funds, the member may request an accounting, and the association must pay unused funds within 30 days after completion.

Conflicts, kickbacks and removal

• An officer, director or manager who accepts kickbacks is subject to monetary damages under § 617.0834.
• An officer or director "must be removed from office, and their access to official records denied," if charged with certain crimes: forgery of a ballot envelope or voting certificate used in an HOA election; theft or embezzlement of association funds; destruction of, or refusing to allow inspection of, association records in furtherance of any crime; or obstruction of justice. The summary words this as a charge, not a conviction.
• Directors and officers, including those of a developer-controlled association, must disclose specified activities that may pose a conflict of interest.
• A developer's appointment of an officer or director does not by itself create a presumption of a conflict.

Fines

The bill revises notice requirements for imposing and collecting fines, "including providing members notice of how to cure a violation, if applicable." The bill title also references suspensions, attorney fees and costs, and liens. The summary does not give the detailed changes, so we do not describe them.

Fraudulent voting

The bill creates criminal prohibitions on fraudulent voting activities, punishable as first degree misdemeanors, including preventing members from voting, and menacing, threatening or using bribery to directly or indirectly influence or deter a member from voting.

What This Means in Practice

For boards

• Write agendas specific enough to "specifically identify" each item. A generic "old business" line is a risk under that wording (our reading).
• Keep owner deposits, such as architectural review or construction deposits, in a separate account or accounting, and plan to return unused amounts within 30 days after completion.
• Add a conflict-of-interest disclosure step for directors and officers.
• Review your fine notice template so it says how to cure, where a cure applies.
• Know that a charge of listed crimes triggers removal. Ask counsel how to handle a vacancy and records access in that case.

For owners

You may name a different address for notices. You may ask for an accounting of any deposit you paid. You should receive agenda items in a meeting notice. If you receive a fine notice, look for how to cure the violation.

What the law does not say

• The summary says nothing about solar panels or clotheslines. That topic is in § 163.04, which this bill does not appear to touch, and some older summaries attribute solar rights to HB 919 by mistake.
• Removal turns on a charge, not a conviction, per the summary. How reinstatement works if charges are dropped is a question the bill title raises ("removing & reinstating"), and we did not read the answer.
• We did not read what counts as "specified activities" for conflict disclosure.

Later changes

HB 1203 (2024) revised HOA fine hearings, records, website duties and criminal provisions again, effective July 1, 2024. Our reading: for fines and records, apply the 2024 changes and the current § 720.305 and § 720.303, not this bill alone.

Timeline

Related Florida Law

• HB 1203 (2024): HOA reform
• Section 720.305: fines and suspensions
• Section 720.303: records, budgets and financial reporting
• Section 720.3033: HOA director education and duties
• HB 437 (2023): right to install, display and store items
• Florida HOA law changes 2021 to 2025
• Florida HOA laws complete guide

Board Checklist

• Revise meeting notice templates so each agenda item is named.
• Record each member's chosen notice address, including any that differs from the property address.
• Segregate and track owner deposits, with a 30-day return process after completion.
• Adopt a conflict-of-interest disclosure form for directors and officers.
• Update fine notices to include how to cure, where applicable.
• Review election procedures against the fraudulent voting prohibitions.
• Confirm with counsel the current § 720.305 and § 720.303 text after the 2024 changes.

Frequently Asked Questions

When did HB 919 take effect?

October 1, 2023, according to the Senate bill page and the committee summary.

Is HB 919 a solar rights law?

No. The summary describes HOA governance, records, fines, deposits, conflicts and voting crimes. Nothing in it concerns solar energy devices.

Do owners have to use the property address for notices?

No. The bill allows a member to designate an address different from the property address for all required notices.

What happens to an owner's construction deposit?

The association must not commingle it with other funds, must account for it on request, and must pay unused funds within 30 days after completion.

Which crimes can remove a director?

The summary lists forgery of a ballot envelope or voting certificate used in an HOA election, theft or embezzlement of association funds, destroying or refusing to allow inspection of records in furtherance of any crime, and obstruction of justice. Removal follows a charge.

What penalties apply to fraudulent voting?

The summary says first degree misdemeanors, including for preventing members from voting and for menacing, threatening or bribery to influence a vote.

Does the bill apply to condominiums?

No. It addresses homeowners' associations under Chapter 720.

Where This Comes From

We read the Florida Senate bill page for CS/CS/HB 919 (2023), including its history and vote record, and the Regulated Industries Committee bill summary, at flsenate.gov. The enrolled text did not load, so we did not read it and we do not give detailed fine procedures or section-by-section wording.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.