THE BILL ITSELF
SB 120
Contract Protection for Elderly Persons and Disabled Adults
Florida Senate - 2026 SB 120 By Senator Garcia 36-00239-26 2026120__
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A bill to be entitled
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An act relating to contract protection for elderly
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persons and disabled adults; creating s. 430.055,
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F.S.; providing a short title; defining terms;
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requiring that all contracts involving an elderly
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person or a disabled adult be in that person’s primary
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language; requiring a contracting party to conduct a
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comprehensive review of the contract before an elderly
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person or disabled adult signs the contract; requiring
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that the comprehensive review include certain
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information; requiring a contracting party to record a
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video that depicts the contracting process and the
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elderly person or disabled adult signing the contract;
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requiring that such video be stored by the contracting
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entity for a specified amount of time after the
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contract is signed; providing that the video may be
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accessed only under certain circumstances; providing
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penalties; authorizing harmed parties to seek civil
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remedies; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 430.055, Florida Statutes, is created to
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read:
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430.055 Elderly and disabled adult contract protection.—
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(1) SHORT TITLE.—This section may be cited as the “Elderly
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and Disabled Adult Contract Protection Act.”
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(2) DEFINITIONS.—As used in this section, the term:
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(a) “Cognitive impairment” means a deficiency in cognitive
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functioning, including a person’s short-term or long-term
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memory; orientation as to person, place, and time; deductive or
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abstract reasoning; judgment as it relates to safety awareness;
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or reading comprehension.
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(b) “Contract” means any agreement that affects an
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individual’s legal rights or property, including documents
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conferring power of attorney or a deed instrument.
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(c) “Disabled adult” means any person between 18 and 60
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years of age who has one or more permanent physical or mental
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limitations that restrict his or her ability to perform the
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normal activities of daily living or impede his or her capacity
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to live independently.
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(d) “Elderly” means a person 60 years of age or older.
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(e) “Primary language” means the language a person uses
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most frequently and comfortably to communicate or the language
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in which a person has the greatest literacy.
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(3) REQUIREMENTS FOR CONTRACTING WITH ELDERLY PERSONS AND
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DISABLED ADULTS.—
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(a) Language requirements.—All contracts involving either
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an elderly person or a disabled adult as a party must be in such
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person’s primary language.
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(b) Verification of understanding.—
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1. Before an elderly person or a disabled adult signs any
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contract that involves the transfer or waiver of rights,
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including, but not limited to, contracts related to powers of
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attorney, deeds, financial records, or medical records, the
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contracting party must conduct a comprehensive review of the
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contract.
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2. The comprehensive review must include a detailed
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explanation of all terms and implications of the contract.
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(c) Video recording requirement.—
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1. The contracting party shall record a video of the
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contracting process which depicts the contracting party
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conducting the comprehensive review of the contract with the
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elderly person or the disabled adult and the elderly person or
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disabled adult signing the contract to ensure that such person
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is not under duress or undue influence during the contracting
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process. Such video must memorialize the elderly person’s or
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disabled adult’s understanding of and agreement to the contract.
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2. The video recording must be securely stored by the
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contracting entity for a minimum of 5 years after the signing of
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the contract.
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3. The video may be accessed only with the consent of the
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elderly person or the disabled adult or as required by law.
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(4) ENFORCEMENT AND PENALTIES.—
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(a) Failure to comply with this act constitutes a violation
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punishable by a fine not exceeding $10,000 for the first offense
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and $25,000 for subsequent offenses.
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(b) Individuals harmed by violations of this act may pursue
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civil remedies, including, but not limited to, the rescission of
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the contract and damages.
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Section 2. This act shall take effect July 1, 2026.