Thursday, March 17, 2011

Where Does the Deregulation Bill, HB 5005, Go From Here?

The Florida 281-page Deregulation bill is now HB 5005; this bill number indicates that this is an "implementing bill". Implementing bills are essentially instructions on how budget guidelines will be met.

By moving this proposal to the budget side of the process, the rules change from those that govern “substantive policy” legislation. After Senate and House members meet to hash out the budget items, they deliver identical pieces of legislation to their respective bodies. This includes the overall budget and the implementing bills which make the statutory changes needed to achieve the budget policies. An implementing bill does not need to go through the standard Senate committee process. If Senate and House legislators agree to the bill during the appropriations conference, the bill will go directly to the Senate floor for a vote by the full Senate.

What does all this mean? HB 5005 just got a LOT easier to pass this Session. Here is the Community Advocacy Network's position on HB 5005:
• Community Association provisions do not belong in HB 5005.

• Unlike other affected industries in this 318 page bill, Community Associations are NOT for-profit businesses; they are not-for-profit organizations.

• The regulations in the community association industry differ significantly from regulations in for-profit industries. Not-for-profit regulations are not barriers to competition. The sole purpose of these regulations is to protect Floridians living in these communities, most of whom are seniors.

• Community Association regulations ensure transparency, accountability and fairness when dealing with people’s homes and money.

• Removing critical consumer protections will simply leave homeowners more vulnerable to fraud and on the hook for expensive legal costs.

• These provisions WILL have a fiscal impact on the state. The net effect of Florida’s arbitration program for condominiums is a reduction in costs to the judiciary. Years ago, judges pushed to have the Division handle the arbitrations because their dockets were filled with "condo commando" disputes, which were more effectively and less expensively handled in arbitration.

To read the Staff Analysis on HB 5005, please click this link:

This work by Donna DiMaggio Berger, Esq. is licensed under a Creative Commons Attribution-NoDerivs 3.0 Generic License.


  1. Why after all the hard fought battles to make condominium living tolerable and ruleable for social community living has this legislature chose now to take away some of our protections?
    Everyone needs to let their representive know we don't like what they want to do to us.

  2. Our HOA had an emergency meeting this pm re this bill. How can we best react to let our reps and the Senate know how bad this will be for the thousands of mobile and manufactured home owners in Florida?