Florida SB 120: Homeowners’ Association Ombudsman

Bill Text

120 
Contract Protection for Elderly Persons and Disabled Adults 
2025-10-07T09:12:09Z 
Creating the “Elderly and Disabled Adult Contract Protection Act”; requiring that all contracts involving an elderly person or a disabled adult be in that person’s primary language; requiring a contracting party to conduct a comprehensive review of the contract before an elderly person or disabled adult signs the contract; requiring a contracting party to record a video that depicts the contracting process and the elderly person or disabled adult signing the contract, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 120 

 By Senator Garcia 

 36-00239-26 2026120__ 
 1 A bill to be entitled 
 2 An act relating to contract protection for elderly 
 3 persons and disabled adults; creating s. 430.055, 
 4 F.S.; providing a short title; defining terms; 
 5 requiring that all contracts involving an elderly 
 6 person or a disabled adult be in that person’s primary 
 7 language; requiring a contracting party to conduct a 
 8 comprehensive review of the contract before an elderly 
 9 person or disabled adult signs the contract; requiring 
 10 that the comprehensive review include certain 
 11 information; requiring a contracting party to record a 
 12 video that depicts the contracting process and the 
 13 elderly person or disabled adult signing the contract; 
 14 requiring that such video be stored by the contracting 
 15 entity for a specified amount of time after the 
 16 contract is signed; providing that the video may be 
 17 accessed only under certain circumstances; providing 
 18 penalties; authorizing harmed parties to seek civil 
 19 remedies; providing an effective date. 
 20 
 21 Be It Enacted by the Legislature of the State of Florida: 
 22 
 23 Section 1. Section 430.055, Florida Statutes, is created to 
 24 read: 
 25 430.055 Elderly and disabled adult contract protection.— 
 26 (1) SHORT TITLE.—This section may be cited as the “Elderly 
 27 and Disabled Adult Contract Protection Act.” 
 28 (2) DEFINITIONS.—As used in this section, the term: 
 29 (a) “Cognitive impairment” means a deficiency in cognitive 
 30 functioning, including a person’s short-term or long-term 
 31 memory; orientation as to person, place, and time; deductive or 
 32 abstract reasoning; judgment as it relates to safety awareness; 
 33 or reading comprehension. 
 34 (b) “Contract” means any agreement that affects an 
 35 individual’s legal rights or property, including documents 
 36 conferring power of attorney or a deed instrument. 
 37 (c) “Disabled adult” means any person between 18 and 60 
 38 years of age who has one or more permanent physical or mental 
 39 limitations that restrict his or her ability to perform the 
 40 normal activities of daily living or impede his or her capacity 
 41 to live independently. 
 42 (d) “Elderly” means a person 60 years of age or older. 
 43 (e) “Primary language” means the language a person uses 
 44 most frequently and comfortably to communicate or the language 
 45 in which a person has the greatest literacy. 
 46 (3) REQUIREMENTS FOR CONTRACTING WITH ELDERLY PERSONS AND 
 47 DISABLED ADULTS.— 
 48 (a) Language requirements.—All contracts involving either 
 49 an elderly person or a disabled adult as a party must be in such 
 50 person’s primary language. 
 51 (b) Verification of understanding.— 
 52 1. Before an elderly person or a disabled adult signs any 
 53 contract that involves the transfer or waiver of rights, 
 54 including, but not limited to, contracts related to powers of 
 55 attorney, deeds, financial records, or medical records, the 
 56 contracting party must conduct a comprehensive review of the 
 57 contract. 
 58 2. The comprehensive review must include a detailed 
 59 explanation of all terms and implications of the contract. 
 60 (c) Video recording requirement.— 
 61 1. The contracting party shall record a video of the 
 62 contracting process which depicts the contracting party 
 63 conducting the comprehensive review of the contract with the 
 64 elderly person or the disabled adult and the elderly person or 
 65 disabled adult signing the contract to ensure that such person 
 66 is not under duress or undue influence during the contracting 
 67 process. Such video must memorialize the elderly person’s or 
 68 disabled adult’s understanding of and agreement to the contract. 
 69 2. The video recording must be securely stored by the 
 70 contracting entity for a minimum of 5 years after the signing of 
 71 the contract. 
 72 3. The video may be accessed only with the consent of the 
 73 elderly person or the disabled adult or as required by law. 
 74 (4) ENFORCEMENT AND PENALTIES.— 
 75 (a) Failure to comply with this act constitutes a violation 
 76 punishable by a fine not exceeding $10,000 for the first offense 
 77 and $25,000 for subsequent offenses. 
 78 (b) Individuals harmed by violations of this act may purs