Senate Bill 1378: Proposed Regulatory Restructuring for Florida Community Associations Did Not Advance

Senate Bill 1378: Proposed Regulatory Restructuring for Florida Community Associations Did Not Advance

During the 2024 legislative session, Senate Bill 1378 proposed a significant reorganization of Florida's community association regulatory structure. The bill would have transferred oversight authority for condominiums, timeshares, and mobile homes from one state agency to another. On March 8, 2024, the bill died in the Regulated Industries Committee and did not advance further.

What the Bill Proposed

Senate Bill 1378 would have transferred the Division of Florida Condominiums, Timeshares, and Mobile Homes from the Department of Business and Professional Regulation to the Department of Legal Affairs. This represented a structural change in how Florida's regulatory authority over these property types would be organized and administered at the state level.

The proposed transfer would have affected regulatory jurisdiction over matters governed by chapters 718, 721, and 723 of the Florida Statutes—the statutory frameworks governing condominiums, mobile home parks, and timeshares respectively.

Required Implementation Steps

Had the bill passed, it would have mandated specific procedural steps for the transfer. Both the Department of Business and Professional Regulation and the Department of Legal Affairs would have been required to enter into a memorandum of agreement by a specified date to coordinate the transition.

Additionally, the Department of Legal Affairs would have been required to develop new rules and procedures for resolving certain disputes. These procedures were to utilize "all possible means of alternative dispute resolution," suggesting an expanded role for mediation, arbitration, or other non-litigation dispute resolution mechanisms in the regulatory process.

Current Status and Impact

The bill did not advance past the Regulated Industries Committee. As a result, the Division of Florida Condominiums, Timeshares, and Mobile Homes remains under the Department of Business and Professional Regulation, and no regulatory restructuring has occurred. Community associations, CAMs, and board members should continue to direct regulatory inquiries and compliance matters to the existing divisional structure.

Bottom Line

While Senate Bill 1378 did not become law, it reflects ongoing legislative interest in how Florida structures its oversight of community associations and related property types. The proposal's focus on alternative dispute resolution suggests potential future legislative attention to how regulatory agencies handle association disputes. For now, the regulatory framework remains unchanged, and CAMs and board members should continue working within the existing departmental structure. Monitoring future legislative sessions for similar proposals may be prudent for those seeking to understand the direction of state regulatory policy.