SB 496 — Timeshare Management Firms

Florida Senate - 2025 CS for SB 496 By Senatorthe McClainCommittee 9-00598-25on 2025496__Regulated AIndustries; bill to be entitled An act relating to timeshare management firms;

and Senator McClain 580-03182-25 2025496c1 A bill to be entitled An act relating to timeshare management firms;

Florida Senate - 2025 CS for SB 496 9-00598-25580-03182-25 2025496__2025496c1 Be It Enacted by the Legislature of the State of Florida:

Florida Senate - 2025 CS for SB 496 9-00598-25580-03182-25 2025496__2025496c1 possession to the community association creates a rebuttable presumption that the community association manager or community association management firm willfully failed to comply with this subsection.

468.4335 Conflicts of interest.— (7) This section does not apply to a community association manager or a community association management firm that manages a timeshare plan governed by chapter 721.721 and that must provide disclosure under s.

721.13(13)(c)1.

721.13.721.13 and not by s.

468.4335.

Paragraph (e) of subsection (1) and subsections (4), (10), and (13) of section 721.13, Florida Statutes, are Page 3 of 8 CODING:

Florida Senate - 2025 CS for SB 496 9-00598-25580-03182-25 2025496__2025496c1 (4), (10), and (13) of section 721.13, Florida Statutes, are amended to read:

The purchaser who requests the mailing must reimburse the owners’ association in advance for the owners’ association’s actual costs in performing Page 4 of 8 CODING:

Florida Senate - 2025 CS for SB 496 9-00598-25580-03182-25 2025496__2025496c1 advance for the owners’ association’s actual costs in performing the mailing.

In the event of such an order, the court may order the managing entity to pay the purchaser’s costs, including attorney attorney’s fees reasonably incurred to enforce the purchaser’s rights, unless the managing entity can prove it refused the mailing in good faith because of a reasonable basis for doubt about the legitimacy of the mailing.

(13)(a) Notwithstanding any provisions of chapter 607, chapter 617, or chapter 718, an officer, director, or agent of Page 5 of 8 CODING:

Florida Senate - 2025 CS for SB 496 9-00598-25580-03182-25 2025496__2025496c1 chapter 617, or chapter 718, an officer, a director, or an agent of an owners’ association, including a timeshare management firm and any individual licensed under part VIII of chapter 468 employed by the timeshare management firm, shall discharge its his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner it he or she reasonably believes to be in the interests of the owners’ association.

An officer, a director, or an agent of an owners’ association, including a timeshare management firm and any individual licensed under part VIII of chapter 468 employed by the timeshare management firm, are shall be exempt from liability for monetary damages in the same manner as provided in s.

If a timeshare management firm that is an agent of an owners’ association or an owners’ association provides goods or services through arrangements with a parent, an affiliate, or a subsidiary of thea timeshare management firm, the existence of Page 6 of 8 CODING:

Florida Senate - 2025 CS for SB 496 9-00598-25580-03182-25 2025496__2025496c1 suchfact arrangementsthat a related party provides goods or services must be disclosed annually to the members of that owners’ association as part of the common expense budgeting process, as an explanatory note to the annual budget,budget orpursuant otherwise.to subparagraph (3)(c)1.

or in the management contract, or by mail sent to each owner’s notice address, in the notice of an annual or special meeting of the owners, by posting on the website of the applicable timeshare plan, or by any owner communication used by the managing entity.

If a receiver is appointed, the owners’ association shall be responsible as a common expense of the timeshare plan, for payment of the salary and expenses of the receiver, relating to the discharge of her or his duties and obligations as receiver, together with the receiver’s court Page 7 of 8 CODING:

Florida Senate - 2025 CS for SB 496 9-00598-25580-03182-25 2025496__2025496c1 owners’ association shall be responsible as a common expense of the timeshare plan, for payment of the salary and expenses of the receiver, relating to the discharge of her or his duties and obligations as receiver, together with the receiver’s court costs, and reasonable attorney’s fees.