Florida's HOA ombudsman bill died without a hearing — and so did the fee that would have paid for it
Florida's HOA ombudsman bill died without a hearing — and so did the fee that would have paid for it
2026-09-10 · Florida · Legislation · Did not pass
What happened. Two linked bills by Sen. Ileana Garcia — one creating a state ombudsman for Florida homeowners' association members, the other creating the fee that would have paid for it — both died in the Senate Regulated Industries Committee on 13 March 2026 without ever being placed on an agenda.12
The office that was proposed
SB 906 would have created an Office of the Homeowners' Association Ombudsman inside the Division of Florida Condominiums, Timeshares and Mobile Homes at DBPR. It specified the ombudsman's powers and duties, expanded the Division's responsibilities over residential parcels and complaints, authorised the Division to issue citations and adopt rules, and required a toll-free hotline for parcel owners.
The bill was filed 15 December 2025 and formally introduced 13 January 2026. It was never agendaed in its first committee.
Why this is a real gap and not a technicality
Florida condominium owners have had a statutory Condominium Ombudsman since 2004. Owners in homeowners' associations have never had one. That asymmetry is the whole point of SB 906, and it survives the session intact.
The practical consequence is narrow and specific. DBPR's own position is that “the division does not have authority to investigate complaints under Chapter 720.” The Division's only Chapter 720 role is arbitrating election and recall disputes. In March 2026 the Department went further and repealed Rule 61B-85.001, its last remaining HOA rule, on the stated ground that the statute behind it had been repealed in 2017 — leaving Chapter 61B-85 an empty chapter.3
The funding bill, and why its failure explains the first
SB 908 is the less-noticed half and the more revealing one. It would have required every HOA operating more than two parcels to pay the Division an annual fee per residential parcel, with a penalty for late payment, the proceeds going to the Division's trust fund.
Its enforcement mechanism was unusually sharp: a delinquent association would have lost legal standing in Florida courts until the fees and penalties were paid. For an association whose principal enforcement tool is the ability to sue an owner, that is a serious lever.
Read together, the two bills were a package: SB 908 raised the money, SB 906 spent it. Neither cleared its first committee, and the sequencing tells you why the ombudsman stalled — no funding source advanced either.
What this means for an owner with a governance complaint today
An HOA member in Florida who believes their board has broken the law has, in practice, four doors and each has a defined limit.
- DBPR will arbitrate an election or recall dispute under Chapters 61B-80 and 61B-81. It will not investigate a general governance or spending complaint under Chapter 720.
- Pre-suit mediation under s. 720.311 remains mandatory for covenant-enforcement, use, document-amendment, meeting and official-records disputes — the bill that would have replaced it with arbitration also died this session.
- The courts remain the general forum, with the fee-shifting exposure that implies.
- Law enforcement, where the allegation is criminal rather than a governance dispute. Two Florida agencies now run dedicated intake for this: the City of Homestead Police Department operates a standing HOA and Condo Fraud Investigative Unit, and the Miami-Dade Sheriff's Office has tasked its Organized Crime Bureau with the same. Homestead's public page draws the line explicitly — the unit does not handle “contractual disputes, mismanagement of funds, election concerns, or regulatory violations,” which it routes back to DBPR.4
The gap SB 906 aimed at sits between the second and fourth of those: conduct that is neither an election dispute nor a prosecutable crime.
What to watch next
Neither bill has been refiled. As of today Florida has no condominium, cooperative, HOA or community-association bill on file for the 2027 session at all — the 2027 list consists of 17 private claim bills, all Senate, all filed on the 7 August 2026 claim-bill deadline, and the House list returns zero.5
That is not evidence the idea is dead. The substantive filing window runs to noon on 2 March 2027, when the session convenes, and interim committee weeks begin the week of 30 November 2026. It does mean that anyone citing a 2027 ombudsman bill number today is guessing.
One thing has changed in the ombudsman's absence, and it cuts the other way. Since 7 September 2026 there is a rule — 61B-19.004 — requiring Division approval of the courses that certify HOA directors, and directing that a non-compliant director be suspended by the board. It is the first HOA-specific rule DBPR has had since the repeal, and it regulates the directors rather than serving the members.
Related Florida HOA Topics
- SB 906 (2026), Homeowners' Associations — bill record and history, Florida Senate ↩
- SB 908 (2026), Fees/Homeowners' Associations — bill record and history, Florida Senate ↩
- Rule 61B-85.001, F.A.C., repealed effective 5 March 2026 — Florida Administrative Code ↩
- HOA & Condo Fraud Investigative Unit, City of Homestead Police Department ↩
- Bills filed for the 2027 Regular Session, Florida Senate ↩
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