[RPPTL LandTen] Convenience fees and charges?

[pat at hoganlegalservices.com]

I believe the 11th Circuit on 11/4 declared the statute (501.0117) unconstitutional as a restriction on speech (leaving open the question of targeting commercial speech vs restrictions on speech, because the statute was analyzed "under the more-forgiving standard of intermediate scrutiny, which it nonetheless fails". See 25 Fla. L. Weekly Fed C1774a.

Not aware of next steps for the AG or FL legislature.

An interesting fact, the 2-1 majority opinion was written by 11th Circuit Judge Tjoflat. For those who don't know, Judge Tjoflat is currently the longest serving federal appeals court judge still in active service among all 190+ serving throughout the United States, having chosen not to assume senior status despite eligibility (current age 85). He was appointed by President Ford after serving more than 5 years as a Federal Judge in the Middle District of Florida, and he was actually appointed to the Fifth Circuit, but was reassigned to the Eleventh Circuit on October 1, 1981, when the court was established. Talk about being there from the beginning of the Circuit!


Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
Pat at HoganLegalServices.com

-------- Original message --------
From: Harry Heist <harry at evict.com>
Date:11/24/2015 2:42 PM (GMT-05:00)
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Convenience fees and charges

Many property managers are now using ACH and credit card payments for rent. The vendors they use to process this often charge a fee plus of course the recipient of the funds have to pay the 2-5% to the credit card companies.

I am constantly getting questions on whether this cost can be passed on to the tenant by charging a higher amount or charging the tenant a convenience fee.

The statute at issue is FS 501.0117

Brian Wolk has stated that this is in the Federal Courts.

Does anyone have any guidance?

Harry

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