Developer turnover of HOA in Florida

Short answer:
FS 617.307 was enacted in 1995. However, I am not yet persuaded that FS 720.307 does not apply to a Florida HOA created in 1994 or earlier.

Long answer, Part 1:
justia.com has the Florida statutes of 1997 at https://law.justia.com/codes/florida/1997/ . Within the latter site, the old FS 617.307 appears at https://law.justia.com/codes/florida/1997/TitleXXXVI/chapter617/617_307.html . At the bottom of the latter site is the following history for 617.307:

History.--s. 57, ch. 95-274.

The site https://guides.uflib.ufl.edu/c.php?g=147438&p=970113 translates this history to mean FS 617.307 that the statute section was created by section 57 of chapter 95-274 of the laws of Florida. Chapter 95-274 means that this was the 274th law passed by the legislature in the year 1995.

Long answer, Part 2:
I do not see anything in FS 720 that limits the application of FS 720.307 to Florida HOAs created in 1995 or later. Furthermore, I see that FS 720.308 (concerning assessments and charges) expressly states that FS 720.308 applies only to HOAs created after October 1, 1995. FS 720.307 has no such qualifier (regarding dates of a HOA's creation).

Of note (in my opinion) is that FS 720.307 (5) states: "This section does not apply to a homeowners’ association in existence on the effective date of this act, or to a homeowners’ association, no matter when created, if such association is created in a community that is included in an effective development-of-regional-impact development order as of the effective date of this act, together with any approved modifications thereof."

From my review of the definitions in FS 720 and the old FS 617, in my opinion, the phrase "this act" refers to the old Florida Not for Profit Corporation Act. From reading the little histories at the bottom of each section of the statutes, so far I believe the Florida Not for Profit Corporation Act was enacted in 1990. The OP said her HOA was formed in 1994. In my opinion, and for now, it appears that FS 720.307 does apply to her HOA.

A bit more history:
The first time a "Chapter 720" appeared in Florida statutes was in 2000. From 1999 back to 1990, it appears that FS 617.307 was the applicable statute section regarding HOA developer transition.

The covenants provided for turnover and extension of the developers control of the HOA. Twice they have filed to extend their control of the HOA with their Class B membership of 120 votes they gave themselves. During the 27 years of control they have charged all of the expenses of maintaining/repairing the gate, the half mile road in to our homes from the gate, all utilities mowing etc of all 227 acres despite that the HOA does not own the gate or road and that they lease that land to a rancher who has cattle on it. A review of financial records identifies a lack of fiduciary responsibility in that they have “lost” 3 years of the required 7 years of records.

Sound advice about a lawyer. My first blush is it does appear the developer was intending to do a "2nd phase" but has not gotten around to it and as such might be able to keep on as the developer versus turn it over to the 17 homeowners.