SESSION WATCH
THE BILL ITSELF

SB 1726

Housing

VERSION S 1726 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 SB 1726 By Senator Smith 17-01493B-26 20261726__
1 A bill to be entitled
2 An act relating to housing; providing a short title;
3 amending ss. 125.0103 and 166.043, F.S.; deleting
4 provisions prohibiting municipalities, counties, or
5 other entities of local government from adopting or
6 maintaining certain laws relating to rent control;
7 creating s. 166.0452, F.S.; defining terms;
8 authorizing counties and municipalities to create
9 community land bank programs for a certain purpose;
10 requiring those counties and municipalities to
11 establish or approve a land bank for certain purposes;
12 requiring certain counties and municipalities to
13 develop and annually adopt a community land bank plan;
14 providing requirements for such plan; requiring that a
15 public hearing on the proposed plan be held before its
16 adoption; requiring notice to certain entities;
17 requiring that the proposed plan be made available to
18 the public within a certain timeframe before the
19 public hearing; providing requirements for the sale of
20 certain property to land banks; providing that such
21 sale is for a public purpose; providing that certain
22 persons waive the right to challenge the market value
23 of a property under certain circumstances; requiring
24 that written notice of a sale of such property be
25 provided to certain persons in a certain manner within
26 a specified timeframe; authorizing the owner of
27 certain property to contest the sale of such property
28 and requiring that such property be sold in a
29 different manner; specifying that the owner of certain
30 property is not entitled to proceeds from the sale or
31 liable for certain deficiencies; authorizing land
32 banks to buy certain property for less than market
33 value under certain circumstances; conveying the
34 right, title, and interest in certain property to land
35 banks; requiring land banks to offer qualified
36 organizations a right of first refusal to purchase
37 certain property; providing requirements for the right
38 of first refusal; providing conditions for the
39 subsequent resale of property acquired by land banks;
40 requiring that the proceeds from certain sales be
41 reinvested in the community land bank program;
42 requiring certain deed restrictions on certain
43 property; providing requirements for such deed
44 restrictions; requiring certain development owners to
45 file specified annual reports; authorizing the
46 modification of or addition to deed restrictions;
47 requiring land banks to maintain certain records;
48 requiring land banks to file annual audited financial
49 statements within a certain timeframe; requiring land
50 banks to submit an annual performance report to the
51 county or municipality, as applicable, by a certain
52 date; providing requirements for such report;
53 requiring that copies of such report be provided to
54 certain entities and made available for public review;
55 authorizing land banks to acquire real property in
56 specified manners and to hold, manage, and dispose of
57 such real property in accordance with the community
58 land bank plan; requiring that a specified percentage
59 of certain taxes collected be remitted to a land bank
60 for a specified duration; requiring that such funds be
61 remitted to a land bank in accordance with certain
62 procedures; providing applicability; creating s.
63 215.55866, F.S.; requiring the Department of Financial
64 Services to adopt a home resiliency grading scale for
65 a specified purpose; providing requirements for the
66 grading scale; requiring the department to create a
67 program that uses the grading scale for a specified
68 purpose; providing requirements for the program;
69 requiring the department to adopt rules; creating s.
70 215.55867, F.S.; establishing the Innovative
71 Mitigation Solutions Pilot Program within the
72 Department of Financial Services for a specified
73 purpose; authorizing mortgage lenders and property
74 insurers to submit proposals to the department that
75 include certain information; authorizing the
76 department to waive or develop certain rules in order
77 to implement the proposal; requiring the department to
78 adopt rules; creating s. 220.1851, F.S.; defining
79 terms; authorizing a tax credit for certain projects;
80 providing the maximum value of such credit; requiring
81 the Florida Housing Finance Corporation to allocate
82 the tax credit among certain projects; authorizing the
83 tax credit to be transferred by the recipient;
84 requiring the Department of Revenue to adopt rules;
85 authorizing a tax credit allocation to be used for
86 certain eligible costs; authorizing a tax credit
87 allocation to be carried forward for a specified
88 timeframe; amending ss. 420.0005 and 420.9079, F.S.;
89 requiring certain agencies to provide a report to the
90 Legislature relating to the use of specified
91 transferred funds; requiring the repayment of certain
92 funds within a specified timeframe; creating s.
93 420.50931, F.S.; creating the Retail-to-Residence Tax
94 Credit Program for a certain purpose; requiring the
95 Florida Housing Finance Corporation to determine which
96 projects are eligible for the tax credit; requiring
97 the corporation to establish and adopt certain
98 procedures and to prepare a specified annual plan;
99 requiring that such plan be approved by the Governor;
100 authorizing the corporation to exercise certain
101 powers; requiring the board of directors of the
102 corporation to administer certain procedures and
103 determine allocations on behalf of the corporation;
104 providing requirements for certain procedures;
105 requiring taxpayers who wish to participate in the
106 program to submit an application with certain
107 information to the corporation; authorizing the
108 corporation to request additional information;
109 requiring that approval of an application for a
110 project be in writing and include a certain statement;
111 creating s. 420.5312, F.S.; creating the Affordable
112 Housing Construction Loan Program for a certain
113 purpose; providing the Florida Housing Finance
114 Corporation with certain powers and responsibilities
115 relating to the program; providing requirements for
116 the program; providing rulemaking authority; creating
117 s. 542.37, F.S.; defining terms; providing that
118 certain actions are a violation of the Florida
119 Antitrust Act of 1980; providing applicability;
120 requiring the Office of the Attorney General to
121 develop a public education program and post certain
122 information on the Attorney General’s website;
123 authorizing the Office of the Attorney General to
124 adopt rules; amending s. 627.0613, F.S.; authorizing
125 the consumer advocate appointed by the Chief Financial
126 Officer to request certain administrative hearings;
127 authorizing the consumer advocate to compel the
128 attendance and testimony of witnesses and issue
129 subpoenas for and compel certain production;
130 specifying that failure to obey certain court orders
131 may be punished as contempt; authorizing a circuit
132 court to order a person to pay certain expenses;
133 amending s. 627.062, F.S.; prohibiting the Office of
134 Insurance Regulation from approving certain rate
135 filings; authorizing the consumer advocate to request
136 an expedited appellate review of certain final orders;
137 conforming provisions to changes made by the act;
138 creating s. 692.041, F.S.; defining terms; prohibiting
139 certain business entities from purchasing, acquiring,
140 or otherwise obtaining certain property and
141 subsequently leasing or renting such property;
142 specifying that certain sellers are not liable for
143 certain violations; prohibiting certain business
144 entities from purchasing, acquiring, or offering to
145 purchase or acquire certain property unless such
146 property has been listed for sale to the general
147 public for a specified timeframe, beginning on a
148 certain date; requiring certain business entities to
149 complete and retain for inspection by the Department
150 of Legal Affairs a specified notice; requiring that
151 all ownership interests held by certain business
152 entities be aggregated; authorizing the Attorney
153 General to bring a civil action; providing penalties;
154 providing construction; amending s. 83.67, F.S.;
155 conforming a provision to changes made by the act;
156 amending ss. 542.21, 542.22, 542.25, and 542.32, F.S.;
157 conforming cross-references; providing an effective
158 date.
160 Be It Enacted by the Legislature of the State of Florida:
162 Section 1. This act may be cited as the “Real Affordable
163 Housing Relief Act.”
164 Section 2. Subsection (2) of section 125.0103, Florida
165 Statutes, is amended to read:
166 125.0103 Ordinances and rules imposing price controls.—
167 (2) A municipality, county, or other entity of local
168 government may not adopt or maintain in effect any law,
169 ordinance, rule, or other measure that would have the effect of
170 imposing controls on rents.
171 Section 3. Subsection (2) of section 166.043, Florida
172 Statutes, is amended to read:
173 166.043 Ordinances and rules imposing price controls.—
174 (2) A municipality, county, or other entity of local
175 government may not adopt or maintain in effect any law,
176 ordinance, rule, or other measure that would have the effect of
177 imposing controls on rents.
178 Section 4. Section 166.0452, Florida Statutes, is created
179 to read:
180 166.0452 Community Land Bank Program.—
181 (1) As used in this section, the term:
182 (a) “Affordable” has the same meaning as in s. 420.0004.
183 (b) “Community housing development organization” has the
184 same meaning as in s. 420.503.
185 (c) “Community land bank plan” or “plan” means a plan
186 adopted by the governing body of a county or municipality to
187 implement a community land bank program.
188 (d) “Community land bank program” or “program” means the
189 program created by a governing body of a county or municipality
190 under this section.
191 (e) “Land bank” means an entity established or approved by
192 the governing body of a county or municipality for the purpose
193 of acquiring, holding, and transferring unimproved real property
194 under this section.
195 (f) “Low-income household” has the same meaning as in s.
196 420.9071.
197 (g) “Qualified organization” means a community housing
198 development organization that meets all of the following
199 criteria:
200 1. Contains within its designated geographical boundaries
201 of operation, as set forth in its application for certification
202 filed with and approved by the county or municipality, a portion
203 of the property that a land bank is offering for sale.
204 2. Has built at least three single-family homes or duplexes
205 or one multifamily residential dwelling of four or more housing
206 units in compliance with all applicable building codes within
207 the preceding 2-year period and within the organization’s
208 designated geographical boundaries of operation.
209 3. Has developed or rehabilitated housing units within the
210 preceding 3-year period which are within a 2-mile radius of the
211 property that a land bank is offering for sale.
212 (h) “Qualified participating developer” means a developer
213 that meets all of the following criteria:
214 1. Has developed three or more housing units within the 3
215 year period preceding its submission of a proposal to the land
216 bank seeking to acquire real property from a land bank.
217 2. Has a development plan approved by the governing body of
218 the county or municipality for the property acquired from a land
219 bank.
220 3. Any other requirements adopted by the governing body of
221 the county or municipality in its community land bank plan.
223 The term includes a qualified organization.
224 (i) “Very-low-income household” has the same meaning as in
225 s. 420.9071.
226 (2) The governing body of a county or municipality may
227 create a community land bank program in which the person charged
228 with selling real property pursuant to a foreclosure judgment
229 may sell certain eligible real property by private sale for
230 purposes of affordable housing developments. The governing body
231 of a county or municipality that adopts a community land bank
232 program shall establish or approve a land bank for the purpose
233 of acquiring, holding, and transferring unimproved real property
234 under this section.
235 (3)(a) The governing body of a county or municipality that
236 creates a community land bank program shall operate the program
237 in conformance with a community land bank plan that the county
238 or municipality adopts annually. The plan may be amended as
239 needed.
240 (b) In developing the plan, the governing body of a county
241 or municipality shall consider other housing plans adopted by
242 the governing body, including the comprehensive plan submitted
243 to the United States Department of Housing and Urban Development
244 and all fair housing plans and policies adopted or agreed to by
245 the governing body.
246 (c) The plan must include, at a minimum, all of the
247 following:
248 1. A list of community housing development organizations
249 eligible to participate in the right of first refusal under
250 subsection (6). The plan must also include the time period
251 during which the right of first refusal may be exercised, which
252 time period must be at least 9 months but not more than 26
253 months after the date of the deed of conveyance of the property
254 to the land bank.
255 2. A right of first refusal for any other nonprofit
256 corporation exempted from federal income tax under s. 501(c)(3)
257 of the United States Internal Revenue Code, provided that the
258 preeminent right of first refusal is provided to qualified
259 organizations as provided in subsection (6).
260 3. A list of the parcels of real property that may be
261 eligible for sale to the land bank during the next year.
262 4. The county’s or municipality’s plan for the development
263 of affordable housing on those parcels of real property.
264 5. The sources and amounts of money the county or
265 municipality anticipates to be available for subsidies for the
266 development of affordable housing in the county or municipality,
267 including any money specifically available for housing developed
268 under the program, as approved by the governing body of the
269 county or municipality at the time the plan is adopted.
270 6. The amount of additional time, if any, that a property
271 may be held in the land bank once an offer has been received
272 from a qualified participating developer and accepted by the
273 land bank.
274 (4)(a) Before the adoption of a plan, the governing body of
275 a county or municipality must hold a public hearing on the
276 proposed plan.
277 (b) The county or city manager, or his or her designee,
278 must provide notice of the public hearing to all community
279 housing development organizations and to the neighborhood
280 associations identified by the governing body of the county or
281 municipality as serving the neighborhoods in which properties
282 anticipated to be available for sale to the land bank under this
283 section are located.
284 (c) The county or city manager, or his or her designee,
285 must make copies of the proposed plan available to the public at
286 least 60 days before the date of the public hearing.
287 (5)(a) Except as provided in paragraph (f), property that
288 is ordered sold pursuant to a foreclosure judgment may be sold
289 in a private sale to a land bank by the person charged with the
290 sale of the property without first offering the property for
291 sale as otherwise provided in chapter 45 if all of the following
292 apply:
293 1. The market value of the property as specified in the
294 judgment of foreclosure is less than the total amount due under
295 the judgment, including all taxes, penalties, and interest, plus
296 the value of nontax liens held by a taxing unit and awarded by
297 the judgment, court costs, and the cost of the sale.
298 2. The property is not improved with a building or
299 buildings.
300 3. There are delinquent taxes on the property for a total
301 of at least 5 years.
302 4. The governing body of the county or municipality has
303 executed an interlocal agreement with the other taxing units
304 that are parties to the foreclosure proceeding which enables
305 those taxing units to agree to participate in the program while
306 retaining the right to withhold consent to the sale of the
307 specific properties to the land bank.
308 (b) A sale of property for use in connection with the
309 program is a sale for a public purpose.
310 (c) If the person being sued in a foreclosure proceeding
311 does not contest the market value of the property in the
312 proceeding, the person waives the right to challenge the amount
313 of the market value determined by the court for purposes of the
314 sale of the property under s. 45.031.
315 (d) For any sale of property under this section, the person
316 charged with the sale of the property must provide each person
317 who was a defendant to the judgment, or that person’s attorney,
318 written notice at least 90 days before the date of the sale of
319 the proposed method of sale of the property. Such notice must be
320 given in accordance with the Florida Rules of Civil Procedure.
321 (e) After receipt of the notice required under paragraph
322 (d) and before the date of the proposed sale, the owner of the
323 property subject to the sale may file with the person charged
324 with the sale a written request that the property not be sold in
325 the manner provided under this section.
326 (f) If the person charged with the sale receives a written
327 request as provided in paragraph (e), the person must sell the
328 property as otherwise provided in chapter 45.
329 (g) The owner of the property subject to the sale may not
330 receive any proceeds of a sale under this section and does not
331 have any personal liability for a deficiency of the judgment as
332 a result of a sale under this section.
333 (h) If consent is given by the taxing units that are a
334 party to the judgment, property may be sold to a land bank for
335 less than the market value of the property as specified in the
336 judgment or less than the total of all taxes, penalties, and
337 interest, plus the value of nontax liens held by a taxing unit
338 and awarded by the judgment, court costs, and the cost of the
339 sale.
340 (i) The deed of conveyance of the property sold to a land
341 bank under this section conveys to the land bank the right,
342 title, and interest in the property acquired or held by each
343 taxing unit that was a party to the judgment, subject to the
344 right of redemption.
345 (6) After receiving the deed of conveyance of the property,
346 a land bank must first offer the property for sale to qualified
347 organizations.
348 (a) A land bank must provide notice to qualified
349 organizations by certified mail, return receipt requested, at
350 least 60 days before the beginning of the time period in which a
351 right of first refusal may be exercised according to a county’s
352 or municipality’s community land bank plan.
353 (b) If a land bank conveys the property to a qualified
354 organization before the expiration of the time period specified
355 by the community land bank plan, the interlocal agreement
356 executed under subparagraph (5)(a)4. must provide tax abatement
357 for the property until the expiration of the time period.
358 (c) During the right of first refusal time period, a land
359 bank may not sell the property to a qualified participating
360 developer other than a qualified organization. If all qualified
361 organizations notify the land bank that they are declining to
362 exercise their right of first refusal during the applicable time
363 period, the land bank may sell the property to any other
364 qualified participating developer at the same price that the
365 land bank offered the property to the qualified organizations.
366 (d) If more than one qualified organization expresses an
367 interest in exercising its right of first refusal, the
368 organization that has the most geographically compact area
369 encompassing a portion of the property as designated in its
370 application for certification is given priority.
371 (e) A land bank is not required to provide a right of first
372 refusal to qualified organizations under this section if the
373 land bank is selling property that reverted to the land bank as
374 provided under subsection (7).
375 (7) Each subsequent resale of property acquired by a land
376 bank under this section must comply with the conditions of this
377 subsection.
378 (a) A land bank must sell a property to a qualified
379 participating developer within 3 years after receiving the deed
380 of conveyance of the property for the purpose of construction of
381 affordable housing for sale or rent to low-income households or
382 very-low-income households. If the land bank has not sold the
383 property within those 3 years, the property must be transferred
384 from the land bank back to the taxing units that were parties to
385 the foreclosure judgment for disposition as otherwise allowed
386 under law.
387 (b) The number of properties acquired by a qualified
388 participating developer under this section on which development
389 has not been completed may not at any time exceed three times
390 the annual average residential production completed by the
391 qualified participating developer during the preceding 2-year
392 period, as determined by the governing body of the county or
393 municipality. In its community land bank plan, the governing
394 body of the county or municipality may increase the number of
395 properties a qualified participating developer may acquire.
396 (c) The deed conveying a property sold by a land bank must
397 include a right of reverter so that, if the qualified
398 participating developer does not apply for a construction permit
399 and close on any construction financing within 2 years after the
400 date of the conveyance of the property from the land bank to the
401 qualified participating developer, the property reverts to the
402 land bank for subsequent resale to another qualified
403 participating developer or conveyance to the taxing units as
404 required under paragraph (a).
405 (d) The proceeds from sales under this section must be
406 reinvested back into the community land bank program.
407 (8)(a) A land bank must impose deed restrictions on
408 property sold to qualified participating developers requiring
409 the development and sale or rental of the property to low-income
410 households and very-low-income households.
411 (b) At least 25 percent of a land bank’s properties sold
412 during any given fiscal year to be developed for sale must be
413 deed restricted for sale to households whose total annual
414 household income does not exceed 60 percent of the area median
415 income, adjusted for household size, for the metropolitan
416 statistical area, or the county if not within a metropolitan
417 statistical area, in which the household is located, as
418 determined annually by the United States Department of Housing
419 and Urban Development.
420 (c)1. If the property sold is to be developed for rental
421 units, the deed restrictions must last for at least 20 years and
422 prohibit the exclusion of a person or family from admission to
423 the development based solely on the participation of the person
424 or family in the Housing Choice Voucher Program under s. 8 of
425 the United States Housing Act of 1937, as amended. Additionally,
426 the deed restrictions must require:
427 a. That 100 percent of the rental units be occupied by and
428 affordable to households whose total annual household income
429 does not exceed 60 percent of the area median income, adjusted
430 for household size, for the metropolitan statistical area, or
431 the county if not within a metropolitan statistical area, in
432 which the household is located, as determined annually by the
433 United States Department of Housing and Urban Development;
434 b. That 40 percent of the rental units be occupied by and
435 affordable to households whose total annual household income
436 does not exceed 50 percent of the area median income, adjusted
437 for household size, for the metropolitan statistical area, or
438 the county if not within a metropolitan statistical area, in
439 which the household is located, as determined annually by the
440 United States Department of Housing and Urban Development; or
441 c. That 20 percent of the rental units be occupied by and
442 affordable to households whose total annual household income
443 does not exceed 30 percent of the area median income, adjusted
444 for household size, for the metropolitan statistical area, or
445 the county if not within a metropolitan statistical area, in
446 which the household is located, as determined annually by the
447 United States Department of Housing and Urban Development.
448 2. The owner of a development with deed restrictions
449 required under this paragraph must file an annual occupancy
450 report with the county or municipality, as applicable, on a form
451 adopted by the governing body of the county or municipality.
452 (d) Except as otherwise provided in this section, if the
453 deed restrictions imposed under this subsection are for a number
454 of years, the deed restrictions must renew automatically.
455 (e) A land bank or the governing body of a county or
456 municipality may modify or add to the deed restrictions imposed
457 under this subsection. Any modifications or additions made by
458 the governing body of the county or municipality must be adopted
459 by the governing body as part of its community land bank plan
460 and must comply with the restrictions in this subsection.
461 (9)(a) A land bank must keep accurate minutes of its
462 meetings and accurate records and books of account that conform
463 with generally accepted accounting principles and that clearly
464 reflect the income and expenses of the land bank and all
465 transactions in relation to its property.
466 (b) A land bank must maintain in its records for inspection
467 a copy of the sale settlement statement for each property sold
468 by a qualified participating developer and a copy of the first
469 page of the mortgage note with the interest rate and indicating
470 the volume and page number of the instrument as filed with the
471 county clerk.
472 (c) Within 90 days after the close of its fiscal year, a
473 land bank must file with the county or municipality, as
474 applicable, an annual audited financial statement prepared by a
475 certified public accountant. The financial transactions of the
476 land bank are subject to audit by the county or municipality.
477 (d) For purposes of evaluating the effectiveness of the
478 program, a land bank must submit an annual performance report to
479 the county or municipality, as applicable, by November 1 of each
480 year in which the land bank acquires or sells property under
481 this section. The performance report must include all of the
482 following:
483 1. A complete and detailed written accounting of all money
484 and properties received and disbursed by the land bank during
485 the preceding fiscal year.
486 2. For each property acquired by the land bank during the
487 preceding fiscal year:
488 a. The street address of the property.
489 b. The legal description of the property.
490 c. The date on which the land bank took title to the
491 property.
492 d. The full name and street address of the property owner
493 of record at the time of the foreclosure proceeding.
494 3. For each property sold by the land bank to a qualified
495 participating developer during the preceding fiscal year:
496 a. The street address of the property.
497 b. The legal description of the property.
498 c. The full name and mailing address of the developer.
499 d. The purchase price paid by the developer.
500 e. The maximum incomes allowed for the households by the
501 terms of the sale.
502 f. The source and amount of any public subsidy provided by
503 the county or municipality to facilitate the sale or rental of
504 the property to a household within the targeted income range.
505 4. For each property sold by a qualified participating
506 developer during the preceding fiscal year, the buyer’s
507 household income and a description of all use and sale
508 restrictions.
509 5. For each property developed for rental units with an
510 active deed restriction, a copy of the most recent annual report
511 filed by the owner of the land bank.
512 (e) A land bank must provide copies of the performance
513 report to the taxing units that were parties to the judgment of
514 foreclosure and provide notice of the availability of the
515 performance report for review to the organizations and
516 neighborhood associations identified by the governing body of
517 the county or municipality as serving the neighborhoods in which
518 properties sold to the land bank under this section are located.
519 (f) The land bank and county or municipality, as
520 applicable, must maintain copies of all performance reports and
521 make such reports available for public review.
522 (10) A land bank may acquire real property by donation,
523 devise, purchase, or transfer from a municipality, county, or
524 other governmental entity. Real property acquired under this
525 subsection may be held, managed, and disposed of in accordance
526 with this section and the community land bank plan developed
527 under subsection (3).
528 (11) Exclusive of any state or school district ad valorem
529 tax, up to 75 percent of the taxes collected pursuant to state
530 law on real property conveyed by a land bank must be remitted to
531 the land bank. The allocation of property tax revenues begins in
532 the first taxable year after the date of the conveyance of real
533 property and continues for 5 years. The funds from such property
534 tax revenues must be remitted to the land bank in accordance
535 with the administrative procedures established by the tax
536 commissioner or tax collector of the county or counties in which
537 the land bank is located.
538 (12) This section does not apply to property acquired
539 through an eminent domain action.
540 Section 5. Section 215.55866, Florida Statutes, is created
541 to read:
542 215.55866 Uniform home resiliency grading scale and
543 database.—
544 (1) The Department of Financial Services shall:
545 (a) Adopt a uniform home resiliency grading scale to
546 measure the ability of a home to withstand the wind load from a
547 sustained severe tropical storm or hurricane. The grading scale
548 must:
549 1. Be easy to understand by property owners.
550 2. Use objective standards and proven mitigation
551 techniques.
552 (b) Create a program that facilitates the sharing of
553 information on the resiliency of housing stock using the grading
554 scale created in paragraph (a) through a database maintained by
555 the department. The program must allow insurance companies,
556 mortgage lenders, and others involved in risk financing to
557 access the information.
558 (2) The department shall adopt rules to implement this
559 section.
560 Section 6. Section 215.55867, Florida Statutes, is created
561 to read:
562 215.55867 Innovative Mitigation Solutions Pilot Program.—
563 (1) There is established within the Department of Financial
564 Services the Innovative Mitigation Solutions Pilot Program to
565 allow mortgage lenders and property insurers to develop new
566 financial products to promote and finance mitigation of
567 residential property.
568 (2) Mortgage lenders and property insurers may submit
569 proposals for new financial products to the department. The
570 proposal must include information on any regulatory changes
571 needed for implementation.
572 (3) The department may offer a waiver from existing
573 regulations, or develop new regulations, in order to implement
574 the proposal.
575 (4) The department shall adopt rules to implement this
576 section.
577 Section 7. Section 220.1851, Florida Statutes, is created
578 to read:
579 220.1851 Retail-to-residence tax credit.—
580 (1) As used in this section, the term:
581 (a) “Credit period” means the period of 5 years beginning
582 with the year a project is completed.
583 (b) “Designated project” means a qualified project
584 designated pursuant to s. 420.50931 to receive the tax credit
585 under this section.
586 (c) “Qualified project” means a project to redevelop a
587 structure that was originally developed as a shopping center to
588 provide appropriate and affordable workforce housing.
589 (d) “Shopping center” means an area designed to provide
590 space for multiple storefronts within a single building or
591 sharing a common parking lot.
592 (2)(a) There shall be allowed a tax credit of up to 9
593 percent, but no more than necessary to make the project
594 feasible, of the total cost of a designated project for each
595 year of the credit period against any tax due for a taxable year
596 under this chapter.
597 (b) The tax credit shall be allocated among designated
598 projects by the Florida Housing Finance Corporation as provided
599 in s. 420.50931.
600 (c) A tax credit allocated to a designated project may be
601 subject to transfer by the recipient. Such transferred credits
602 may not be transferred again. The department shall adopt rules
603 necessary to administer this paragraph.
604 (d) A tax credit allocation may be used for eligible costs,
605 including, but not limited to, structural modifications, Florida
606 Building Code compliance, utility upgrades, interior
607 reconfigurations, and accessibility improvements, necessary to
608 convert a shopping center into appropriate and affordable
609 workforce housing.
610 (e) Any unused tax credit allocation may be carried forward
611 for up to 1 fiscal year.
612 Section 8. Section 420.0005, Florida Statutes, is amended
613 to read:
614 420.0005 State Housing Trust Fund; State Housing Fund.—
615 (1) There is established in the State Treasury a separate
616 trust fund to be named the “State Housing Trust Fund.” There
617 shall be deposited in the fund all moneys appropriated by the
618 Legislature, or moneys received from any other source, for the
619 purpose of this chapter, and all proceeds derived from the use
620 of such moneys. The fund shall be administered by the Florida
621 Housing Finance Corporation on behalf of the department, as
622 specified in this chapter. Money deposited to the fund and
623 appropriated by the Legislature must, notwithstanding the
624 provisions of chapter 216 or s. 420.504(3), be transferred
625 quarterly in advance, to the extent available, or, if not so
626 available, as soon as received into the State Housing Trust
627 Fund, and subject to the provisions of s. 420.5092(6)(a) and (b)
628 by the Chief Financial Officer to the corporation upon
629 certification by the Secretary of Commerce that the corporation
630 is in compliance with the requirements of s. 420.0006. The
631 certification made by the secretary shall also include the split
632 of funds among programs administered by the corporation and the
633 department as specified in chapter 92-317, Laws of Florida, as
634 amended. Moneys advanced by the Chief Financial Officer must be
635 deposited by the corporation into a separate fund established
636 with a qualified public depository meeting the requirements of
637 chapter 280 to be named the “State Housing Fund” and used for
638 the purposes of this chapter. Administrative and personnel costs
639 incurred in implementing this chapter may be paid from the State
640 Housing Fund, but such costs may not exceed 5 percent of the
641 moneys deposited into such fund. To the State Housing Fund shall
642 be credited all loan repayments, penalties, and other fees and
643 charges accruing to such fund under this chapter. It is the
644 intent of this chapter that all loan repayments, penalties, and
645 other fees and charges collected be credited in full to the
646 program account from which the loan originated. Moneys in the
647 State Housing Fund which are not currently needed for the
648 purposes of this chapter shall be invested in such manner as is
649 provided for by statute. The interest received on any such
650 investment shall be credited to the State Housing Fund.
651 (2) For any funds transferred from the State Housing Trust
652 Fund in accordance with s. 215.32:
653 (a) An agency receiving funds that originated from the
654 State Housing Trust Fund must provide a report to the
655 Legislature identifying with specificity the manner in which the
656 funds were spent. The report must be submitted within 30 days
657 after the close of the fiscal year in which the funds are
658 expended.
659 (b) Any funds appropriated from the State Housing Trust
660 Fund for uses other than those specified in this chapter must be
661 repaid within 5 years after the date on which the funds were
662 appropriated.
663 Section 9. Section 420.50931, Florida Statutes, is created
664 to read:
665 420.50931 Retail-to-Residence Tax Credit Program.—
666 (1) There is created the Retail-to-Residence Tax Credit
667 Program for the purpose of redeveloping shopping centers into
668 appropriate and affordable workforce housing.
669 (2) The corporation shall determine those qualified
670 projects, as defined in s. 220.1851(1), which shall be
671 considered designated projects under s. 220.1851 and eligible
672 for the corporate tax credit under that section. The corporation
673 shall establish procedures necessary for proper allocation and
674 distribution of tax credits, including the establishment of
675 criteria for ensuring that the housing is appropriate and
676 affordable for the workers of this state, and may exercise all
677 powers necessary to administer the allocation of such credits.
678 The board of directors of the corporation shall administer the
679 allocation procedures and determine allocations on behalf of the
680 corporation. The corporation shall prepare an annual plan, which
681 must be approved by the Governor, containing general guidelines
682 for the allocation of tax credits to designated projects.
683 (3) The corporation shall adopt allocation procedures to
684 ensure that tax credits are used in a fair manner, taking into
685 consideration the timeliness of the application, the location of
686 the proposed project, the relative need in the area for
687 appropriate and affordable workforce housing and the
688 availability of such housing, the economic feasibility of the
689 proposed project, and the ability of the applicant to complete
690 the proposed project in the calendar year for which the tax
691 credit is sought.
692 (4)(a) A taxpayer who wishes to participate in the Retail
693 to-Residence Tax Credit Program must submit an application for
694 tax credit to the corporation. The application must identify the
695 proposed project and the location of the proposed project and
696 include evidence that the proposed project is a qualified
697 project as defined in s. 220.1851(1). The corporation may
698 request any information from an applicant necessary to enable
699 the corporation to make tax credit allocations according to the
700 procedures adopted under subsection (3).
701 (b) The corporation’s approval of an application for a
702 project must be in writing and include a statement of the
703 maximum tax credit allowable to the applicant.
704 Section 10. Section 420.5312, Florida Statutes, is created
705 to read:
706 420.5312 Affordable Housing Construction Loan Program.—
707 (1) The Affordable Housing Construction Loan Program is
708 created to encourage the new construction of affordable homes
709 for purchase by low- to moderate-income homebuyers by providing
710 a revolving line of construction funding.
711 (2) The corporation is authorized to provide loans under
712 the program to applicants for the construction of affordable
713 housing. Applicants may draw from the loan up to five times per
714 home. All homes must meet the requirements of the Florida
715 Building Code or, if more stringent, local amendments to the
716 Florida Building Code.
717 (3) Qualified homebuyers of homes built under this program
718 must be first-time homebuyers whose total annual household
719 income does not exceed 120 percent of the area median income,
720 adjusted for household size, for the metropolitan statistical
721 area, or the county if not within a metropolitan statistical
722 area, in which the household is located, as determined annually
723 by the United States Department of Housing and Urban
724 Development.
725 (4) The corporation shall develop a loan application
726 process for the program.
727 (5) The corporation may adopt rules pursuant to ss.
728 120.536(1) and 120.54 to implement this section.
729 Section 11. Section 420.9079, Florida Statutes, is amended
730 to read:
731 420.9079 Local Government Housing Trust Fund.—
732 (1) There is created in the State Treasury the Local
733 Government Housing Trust Fund, which shall be administered by
734 the corporation on behalf of the department according to the
735 provisions of ss. 420.907-420.9076 and this section. There shall
736 be deposited into the fund a portion of the documentary stamp
737 tax revenues as provided in s. 201.15, moneys received from any
738 other source for the purposes of ss. 420.907-420.9076 and this
739 section, and all proceeds derived from the investment of such
740 moneys. Moneys in the fund that are not currently needed for the
741 purposes of the programs administered pursuant to ss. 420.907
742 420.9076 and this section shall be deposited to the credit of
743 the fund and may be invested as provided by law. The interest
744 received on any such investment shall be credited to the fund.
745 (2) The corporation shall administer the fund exclusively
746 for the purpose of implementing the programs described in ss.
747 420.907-420.9076 and this section. With the exception of
748 monitoring the activities of counties and eligible
749 municipalities to determine local compliance with program
750 requirements, the corporation shall not receive appropriations
751 from the fund for administrative or personnel costs. For the
752 purpose of implementing the compliance monitoring provisions of
753 s. 420.9075(9), the corporation may request a maximum of one
754 quarter of 1 percent of the annual appropriation per state
755 fiscal year. When such funding is appropriated, the corporation
756 shall deduct the amount appropriated before prior to calculating
757 the local housing distribution pursuant to ss. 420.9072 and
758 420.9073.
759 (3) For any funds transferred from the Local Government
760 Housing Trust Fund in accordance with s. 215.32:
761 (a) An agency receiving funds that originated from the
762 Local Government Housing Trust Fund must provide a report to the
763 Legislature identifying with specificity the manner in which the
764 funds were spent. The report must be submitted within 30 days
765 after the close of the fiscal year in which the funds are
766 expended.
767 (b) Any funds appropriated from the Local Government
768 Housing Trust Fund for uses other than those specified in this
769 chapter must be repaid within 5 years after the date on which
770 the funds were appropriated.
771 Section 12. Section 542.37, Florida Statutes, is created to
772 read:
773 542.37 Unlawful restriction of competition with respect to
774 residential dwelling units.—
775 (1) As used in this section, the term:
776 (a) “Consciously parallel pricing coordination” means a
777 tacit agreement between two or more landlords to raise, lower,
778 change, maintain, or manipulate pricing for the rental of a
779 residential dwelling unit.
780 (b) “Coordinating function” means all of the following:
781 1. Collecting historical or contemporaneous prices, supply
782 levels, or rental agreement termination and renewal dates of
783 residential dwelling units from two or more landlords.
784 2. Analyzing or processing the information described in
785 subparagraph 1. through the use of a system or process or
786 through software that uses computation, including by using the
787 information to train an algorithm.
788 3. Recommending rental prices, rental agreement renewal
789 terms, or ideal occupancy levels to a landlord.
790 (c) “Coordinator” means a person who operates a software or
791 data analytics service that performs a coordinating function for
792 a landlord. The term includes a landlord if such person is
793 performing a coordinating function for his or her own benefit.
794 (d) “Landlord” means a residential property owner or lessor
795 of a residential dwelling unit.
796 (e) “Residential dwelling unit” means a house, an
797 apartment, an accessory unit, or any other unit intended to be
798 used as a primary residence in this state. The term does not
799 include inpatient medical care, licensed long-term care, or
800 detention or correctional facilities.
801 (2) It is unlawful and a violation of the Florida Antitrust
802 Act of 1980 for:
803 (a) A landlord, or the agent, representative, or
804 subcontractor of the landlord, to subscribe to, contract with,
805 or otherwise exchange any form of consideration in return for
806 the use of the services of a coordinator;
807 (b) A coordinator to facilitate an agreement among
808 landlords which restricts competition with respect to
809 residential dwelling units, including by performing a
810 coordinating function; or
811 (c) Two or more landlords to engage in consciously parallel
812 pricing coordination.
813 (3) Sections 542.21, 542.22, 542.23, 542.24-542.32, and
814 542.35 apply to this section.
815 (4) The Office of the Attorney General shall develop a
816 public education program designed to inform residents of this
817 state of the prohibitions in this section. Information developed
818 for the public education program must be posted on the Attorney
819 General’s website along with information on the steps a consumer
820 may take if the consumer suspects a violation of this section.
821 (5) The Office of the Attorney General may adopt rules to
822 implement this section.
823 Section 13. Subsections (5) and (6) are added to section
824 627.0613, Florida Statutes, to read:
825 627.0613 Consumer advocate.—The Chief Financial Officer
826 must appoint a consumer advocate who must represent the general
827 public of the state before the department and the office. The
828 consumer advocate must report directly to the Chief Financial
829 Officer, but is not otherwise under the authority of the
830 department or of any employee of the department. The consumer
831 advocate has such powers as are necessary to carry out the
832 duties of the office of consumer advocate, including, but not
833 limited to, the powers to:
834 (5) Request an administrative hearing pursuant to s. 120.57
835 to challenge a notice of intent to approve or a notice of intent
836 to disapprove a rate filing.
837 (6) Administer oaths or affirmations to compel the
838 attendance and testimony of witnesses, or to issue subpoenas for
839 and compel the production of books, papers, records, documents,
840 and other evidence, pertaining to any investigation or hearing
841 convened under this section.
842 (a) In conducting an investigation, the consumer advocate
843 and its investigators must have access at all reasonable times
844 to premises, records, documents, and other evidence or possible
845 sources of evidence and may examine, record, and copy such
846 materials and take and record the testimony or statements of
847 such persons as deemed reasonably necessary for the furtherance
848 of the investigation.
849 (b) In the case of a refusal to obey a subpoena issued to
850 any person, the consumer advocate may apply to any circuit court
851 of this state, which court shall have jurisdiction to order the
852 witness to appear before the consumer advocate to give testimony
853 and to produce evidence concerning the matter in question.
854 Failure to obey the court’s order may be punished by the court
855 as contempt. If the court enters an order holding a person in
856 contempt or compelling the person to comply with the subpoena,
857 the court may order the person to pay the consumer advocate
858 reasonable expenses, including reasonable attorney fees, accrued
859 by the consumer advocate in obtaining the order from the court.
860 Section 14. Paragraph (a) of subsection (2) and subsection
861 (6) of section 627.062, Florida Statutes, are amended to read:
862 627.062 Rate standards.—
863 (2) As to all such classes of insurance:
864 (a) Insurers or rating organizations shall establish and
865 use rates, rating schedules, or rating manuals that allow the
866 insurer a reasonable rate of return on the classes of insurance
867 written in this state. A copy of rates, rating schedules, rating
868 manuals, premium credits or discount schedules, and surcharge
869 schedules, and changes thereto, must be filed with the office
870 under one of the following procedures:
871 1. If the filing is made at least 90 days before the
872 proposed effective date and is not implemented during the
873 office’s review of the filing and any proceeding and judicial
874 review, such filing is considered a “file and use” filing. In
875 such case, the office shall finalize its review by issuance of a
876 notice of intent to approve or a notice of intent to disapprove
877 within 90 days after receipt of the filing. If the 90-day period
878 ends on a weekend or a holiday under s. 110.117(1)(a)-(i), it
879 must be extended until the conclusion of the next business day.
880 The notice of intent to approve and the notice of intent to
881 disapprove constitute agency action for purposes of the
882 Administrative Procedure Act. Requests for supporting
883 information, requests for mathematical or mechanical
884 corrections, or notification to the insurer by the office of its
885 preliminary findings does not toll the 90-day period during any
886 such proceedings and subsequent judicial review. The rate shall
887 be deemed approved if the office does not issue a notice of
888 intent to approve or a notice of intent to disapprove within 90
889 days after receipt of the filing.
890 2. If the filing is not made in accordance with
891 subparagraph 1., such filing must be made as soon as
892 practicable, but within 30 days after the effective date, and is
893 considered a “use and file” filing. An insurer making a “use and
894 file” filing is potentially subject to an order by the office to
895 return to policyholders those portions of rates found to be
896 excessive, as provided in paragraph (h).
897 3. For all property insurance filings made or submitted
898 after January 25, 2007, but before May 1, 2012, an insurer
899 seeking a rate that is greater than the rate most recently
900 approved by the office shall make a “file and use” filing. For
901 purposes of this subparagraph, motor vehicle collision and
902 comprehensive coverages are not considered property coverages.
903 4. The office may not approve any property insurance
904 filings made or submitted on or after July 1, 2026, if the
905 proposed rate is more than 10 percent above the highest rate
906 approved by the office within the past 12 months. If multiple
907 rate filings occur within a 12-month period, the office may not
908 approve a total cumulative increase that is more than 15 percent
909 above the highest approved rate within the past 12 months.
911 The provisions of this subsection do not apply to workers’
912 compensation, employer’s liability insurance, and motor vehicle
913 insurance.
914 (6)(a) If an insurer or the consumer advocate under s.
915 627.0613 requests an administrative hearing pursuant to s.
916 120.57 related to a rate filing under this section, the director
917 of the Division of Administrative Hearings must shall expedite
918 the hearing and assign an administrative law judge who shall
919 commence the hearing within 30 days after the receipt of the
920 formal request and enter a recommended order within 30 days
921 after the hearing or within 30 days after receipt of the hearing
922 transcript by the administrative law judge, whichever is later.
923 Each party shall have 10 days in which to submit written
924 exceptions to the recommended order. The office shall enter a
925 final order within 30 days after the entry of the recommended
926 order. The provisions of this paragraph may be waived upon
927 stipulation of all parties.
928 (b) Upon entry of a final order, the insurer or the
929 consumer advocate under s. 627.0613 may request an expedited
930 appellate review pursuant to the Florida Rules of Appellate
931 Procedure. It is the intent of the Legislature that the First
932 District Court of Appeal grant an insurer’s or the consumer
933 advocate’s request for an expedited appellate review.
934 Section 15. Section 692.041, Florida Statutes, is created
935 to read:
936 692.041 Single-family residential property.—
937 (1) As used in this section, the term:
938 (a) “Affiliate” means:
939 1. A person or business entity that directly or indirectly
940 controls, is controlled by, or is under common control with
941 another person or business entity, including, but not limited
942 to, any heirs, assigns, related trusts, or persons who are in
943 privity of contract at law or in equity.
944 2. A person or business entity that receives a financial
945 benefit from possession of the land as an asset, including, but
946 not limited to, income, leverage, capital securitization,
947 inclusion in a financial portfolio, or for purposes related to
948 debt or taxes.
950 As used in this paragraph, the term “control” means the direct
951 or indirect power to direct or cause the direction of the
952 management or policies of a business entity, whether through
953 ownership, common management, contractual arrangements, or
954 otherwise.
955 (b) “Business entity” means an association, a company, a
956 firm, a partnership, a corporation, a limited liability company,
957 a limited liability partnership, a real estate investment trust,
958 or any other legal entity, and such entity’s successors,
959 assignees, or affiliates. The term does not include:
960 1. A nonprofit corporation or other nonprofit legal entity.
961 2. A person or entity primarily engaged in the acquisition,
962 rehabilitation, or construction of new or existing market rate
963 or affordable residential housing. As used in this subparagraph,
964 the term “affordable” has the same meaning as in s. 420.0004.
965 (c) “Single-family residential property” means a single
966 parcel of real property improved with only one detached dwelling
967 unit on it for which a certificate of occupancy has been issued.
968 (2)(a) A business entity that has an interest in more than
969 100 single-family residential properties in this state may not
970 purchase, acquire, or otherwise obtain an ownership interest in
971 another single-family residential property and subsequently
972 lease or rent such property.
973 (b) The seller of single-family residential property to a
974 business entity is not liable for any violation of this section
975 by the business entity.
976 (3)(a) Beginning July 1, 2026, a business entity that has
977 an interest in 1000 or more single-family residential properties
978 may not purchase, acquire, or offer to purchase or acquire any
979 interest in another single-family residential property unless
980 such property has been listed for sale to the general public for
981 at least 90 days. The 90-day waiting period restarts if the
982 seller of the single-family residential property changes the
983 asking price of such property.
984 (b) If a business entity described in paragraph (a)
985 purchases or acquires an interest in a single-family residential
986 property, the business entity, or its authorized agent, must
987 complete and retain the following notice at the time a contract
988 for purchase is executed:
990 COMPLIANCE WITH FLORIDA LAW
991 Under s. 692.041, Florida Statutes, a business entity
992 that has an interest in 1000 or more single-family
993 residential properties may not purchase, acquire, or
994 offer to purchase or acquire any interest in another
995 single-family residential property unless such
996 property has been listed for sale to the general
997 public for at least 90 days. The undersigned certifies
998 compliance with this requirement.
1000 (c) A business entity shall retain the signed notice under
1001 paragraph (b) for inspection, upon request, by the Department of
1002 Legal Affairs.
1003 (4)(a) For purposes of determining compliance with this
1004 section, all ownership interests held by a business entity,
1005 together with those held by any affiliates of the business
1006 entity, must be aggregated and treated as if such ownership
1007 interests are held by a single business entity.
1008 (b) A business entity may not use affiliated entities or
1009 other similar arrangements to avoid the application of this
1010 section.
1011 (5) The Attorney General may bring a civil action for a
1012 violation of this section. If the Attorney General prevails in a
1013 civil action brought under this section, the court must order
1014 all of the following:
1015 (a)1. A civil penalty of $100,000 against the business
1016 entity for each violation of paragraph (2)(a); or
1017 2. A civil penalty of up to $10,000 against the business
1018 entity for each violation of subsection (3).
1019 (b) Require the business entity to sell the single-family
1020 residential property to a natural person or an independent third
1021 party within 1 year after the date the court enters the
1022 judgment.
1023 (c) Reasonable attorney fees and costs.
1024 (6) Subsection (5) is the exclusive remedy for a violation
1025 of this section.
1026 Section 16. Present subsections (6), (7), and (8) of
1027 section 83.67, Florida Statutes, are redesignated as subsections
1028 (7), (8), and (9), respectively, and a new subsection (6) is
1029 added to that section, to read:
1030 83.67 Prohibited practices.—
1031 (6) A landlord of any dwelling unit governed by this part
1032 may not use the services of a coordinator or engage in
1033 consciously parallel pricing coordination, as those terms are
1034 defined in s. 542.37(1).
1035 Section 17. Section 542.21, Florida Statutes, is amended to
1036 read:
1037 542.21 Penalties for violation.—
1038 (1) Any natural person who violates any of the provisions
1039 of s. 542.18 , or s. 542.19 , or s. 542.37 is shall be subject to
1040 a civil penalty of not more than $100,000. Any other person who
1041 violates any of the provisions of s. 542.18 , or s. 542.19 , or s.
1042 542.37 is shall be subject to a civil penalty of not more than
1043 $1 million.
1044 (2) Any person who knowingly violates any of the provisions
1045 of s. 542.18 , or s. 542.19, or s. 542.37, or who knowingly aids
1046 in or advises such violation, is guilty of a felony, punishable
1047 by a fine not exceeding $1 million if a corporation, or, if any
1048 other person, $100,000 or imprisonment not exceeding 3 years, or
1049 by both said punishments .
1050 (3) The commencement of trial seeking civil penalties in
1051 any action under this section bars shall bar any subsequent
1052 criminal prosecution against the same person for violation of s.
1053 542.18 , or s. 542.19, or s. 542.37, based upon the same acts.
1054 The commencement of trial in a criminal prosecution for a
1055 violation of s. 542.18 , or s. 542.19 , or s. 542.37 bars shall
1056 bar any subsequent action against the same person for recovery
1057 of civil penalties under this section based upon the same acts,
1058 but may shall not bar a subsequent suit for damages or
1059 injunctive relief under ss. 542.22 and 542.23.
1060 (4) The Attorney General may not commence an No action
1061 under this section or s. 542.23 shall be commenced by the
1062 Attorney General against any person who, at the time, is a
1063 defendant in a suit filed by the United States for violation or
1064 alleged violation of the federal antitrust laws involving
1065 substantially the same subject matter and seeking substantially
1066 the same relief.
1067 Section 18. Subsections (1) and (2) of section 542.22,
1068 Florida Statutes, are amended to read:
1069 542.22 Suits for damages.—
1070 (1) Any person who is shall be injured in her or his
1071 business or property by reason of any violation of s. 542.18 , or
1072 s. 542.19 , or s. 542.37 may sue therefor in the circuit courts
1073 of this state and shall recover threefold the damages by her or
1074 him sustained, and the cost of suit, including a reasonable
1075 attorney fee. The court shall award a reasonable attorney fee to
1076 a defendant prevailing in any action under this part for damages
1077 or equitable relief in which the court finds there was a
1078 complete absence of a justiciable issue of either law or fact
1079 raised by the plaintiff.
1080 (2) The Attorney General, or a state attorney after
1081 receiving written permission from the Attorney General, may
1082 bring a civil action in the name of this the state, as parens
1083 patriae on behalf of natural persons residing in this state, to
1084 recover on behalf of those persons threefold the actual damages
1085 sustained by reason of any violation of s. 542.18 , or s. 542.19,
1086 or s. 542.37, and the cost of such suit, including a reasonable
1087 attorney attorney’s fee. The court shall exclude from the amount
1088 of monetary relief awarded in such action any amount of monetary
1089 relief which:
1090 (a) Duplicates amounts which have been awarded for the same
1091 injury;
1092 (b) Is properly allocable to natural persons who have
1093 excluded their claims pursuant to paragraph (3)(b); or
1094 (c) Is properly allocable to any business entity.
1095 Section 19. Section 542.25, Florida Statutes, is amended to
1096 read:
1097 542.25 Judgment in favor of state as prima facie evidence.
1098 A final judgment or decree entered in any civil or criminal
1099 proceeding brought by the Attorney General or a state attorney
1100 under s. 542.21 or s. 542.23 to the effect that a defendant has
1101 violated s. 542.18 , or s. 542.19, or s. 542.37, or entered in
1102 any civil or criminal proceeding brought by the United States
1103 Department of Justice under comparable federal laws, shall be
1104 prima facie evidence against such defendant in any civil action
1105 or proceeding under this part brought by any other person
1106 against such defendant as to all matters with respect to which
1107 such judgment or decree would be an estoppel as between the
1108 parties thereto; however, this section does not apply to a
1109 consent judgment or decree entered before any testimony has been
1110 taken. Nothing contained in This section may not shall be
1111 construed to impose any limitation on the application of
1112 collateral estoppel.
1113 Section 20. Section 542.32, Florida Statutes, is amended to
1114 read:
1115 542.32 Rule of construction and coverage.—It is the intent
1116 of the Legislature that, in construing this part, due
1117 consideration and great weight be given to the interpretations
1118 of the federal courts relating to comparable federal antitrust
1119 statutes. In particular, the failure to include in this part the
1120 substantive provisions of s. 3 of the Clayton Act, 15 U.S.C. s.
1121 14, may shall not be deemed in any way to limit the scope of s.
1122 542.18 , or s. 542.19 , or s. 542.37 .
1123 Section 21. This act shall take effect July 1, 2026.