[RPPTL Leasing Committee] CS/HB 537 Fees in Lieu of Security Deposits

RPPTL Real Estate Leasing Committee landten at lists.flabarrpptl.org
Wed Feb 2 10:06:46 PST 2022


Dear Leasing Committee:

We've been asked by section leadership to provide our position on this bill
by Friday. While we previously were advised opposing the bill would be
futile, some circumstances have changed and officially opposing the bill
MAY be on the table (subject to leadership approval). To oppose the bill,
we need to put a white paper together before Friday. To date: I have not
received any feedback that anyone from the leasing committee supports this
bill but if you do support the bill, please reach out to me today. My cell
phone number is 407-590-9686.

For anyone that has information to help us with the white paper, please
join us at 4 pm today to discuss. I know this is short notice but I do hope
we can get everyone familiar with this issue on the meeting so that we can
properly draft the white paper.* I can stay on the zoom until 6 pm to
accept comments if you cannot make it at 4pm - I will take any minutes any
of you can spare :-)*

Thank you.

- Kristen

Kristen King Jaiven is inviting you to a scheduled Zoom meeting.

Topic: HB 537 Meeting
Time: Feb 2, 2022 04:00 PM Eastern Time (US and Canada)

Join Zoom Meeting
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Kristen King Jaiven, Esq.

VP Legal; General Counsel

The Signature Real Estate Companies

Ph: 561.705.0140

Direct Line: 561-300-6921

Email: Kristen at quadcompanies.com

www.SignatureRealEstateCompanies.com
<http://www.signaturerealestatecompanies.com/>



[image: Signature Partners] <http://mysignaturenetwork.com/>


On Fri, Jan 28, 2022 at 4:30 PM RPPTL Real Estate Leasing Committee <
landten at lists.flabarrpptl.org> wrote:

> And, to make matters STILL worse, the Senate Version has been placed on
> the Senate Community Affairs Committee for Monday afternoon. If anyone
> wants to lob objections to the bill, I would suggest calls and emails to
> members of that committee ASAP.
>
> Here are the members
> Chair:Senator Jennifer Bradley (R) <https://www.flsenate.gov/Senators/S5>Vice
> Chair:Senator Ileana Garcia (R) <https://www.flsenate.gov/Senators/S37>
>
>    - Senator Dennis Baxley (R) <https://www.flsenate.gov/Senators/S12>
>    - Senator Jason Brodeur (R) <https://www.flsenate.gov/Senators/S9>
>    - Senator Janet Cruz (D) <https://www.flsenate.gov/Senators/S18>
>    - Senator Gary M. Farmer, Jr. (D)
>    <https://www.flsenate.gov/Senators/S34>
>    - Senator Ed Hooper (R) <https://www.flsenate.gov/Senators/S16>
>    - Senator Travis Hutson (R) <https://www.flsenate.gov/Senators/S7>
>    - Senator Tina Scott Polsky (D) <https://www.flsenate.gov/Senators/S29>
>
> Sessions in this Term:
>  FLSenate.Models.VmSessionYearDropDown
> FLSenate.Models.VmSessionYearDropDown              2022
> 2021B                     2021A                     2021
>     2020 Org.
>
>    -
>
>
>
>
>
> Deborah Marks, PLLC
> 11767 S. Dixie Highway
> Ste 126
> Miami, FL 33156
> 305-372-9400
> deborahmarkslaw at gmail.com
> deborah at deborahmarks.law
> synergy928 at aol.com
>
>
> On Fri, Jan 28, 2022 at 1:15 PM RPPTL Real Estate Leasing Committee <
> landten at lists.flabarrpptl.org> wrote:
>
>> The worst part is that the Senate version also passed out of its first
>> committee.
>> This travesty is MOVING! I hope the Landlord Associations wake up and get
>> active fast.
>>
>> Deborah Marks
>> 305-372-9400
>>
>> On Fri, Jan 28, 2022 at 12:48 PM RPPTL Real Estate Leasing Committee <
>> landten at lists.flabarrpptl.org> wrote:
>>
>>> This bill opens the door to predatory unlimited fees that will be
>>> retained by the property manager and the property manager can then self
>>> insure a sum of money, “deposit”, for the owner.   The FLOIR may have a
>>> serious problem with this “insurance” product.
>>>
>>>
>>>
>>> I know of property managers right now that are charging the tenant $150
>>> a month (instead of collecting a deposit)  and guaranteeing $1000 to the
>>> property owner as a “deposit”.  The property manager pockets the $150 a
>>> month in hopes that there will be no damages. This fee is often carried on
>>> to renewals of the lease and the tenant keeps paying and paying.
>>>
>>>
>>>
>>> The wording in paragraph 6 is strange.  It is assuming multifamily.
>>>
>>>
>>>
>>> I’m all for the rights of landlords and property managers to use the
>>> products out there like Rhino, Obligo and Leaselock but this bill is wide
>>> open for abuse.
>>>
>>>
>>>
>>> I attached the Texas law.    This bill is being pushed by one of the
>>> providers of security deposit alternatives.
>>>
>>>
>>>
>>> Harry Heist
>>>
>>>
>>>
>>> *INFO ON CARES COVERED PROPERTY: *  Cares Act 30 Day Requirement
>>> <https://evict.com/?page=cares_act_update>
>>>
>>>
>>>
>>>
>>>
>>> *LAW OFFICES OF HEIST, WEISSE & WOLK P.A. 1 800 253 8428 "Serving the
>>> Property Management Professional" Website:  **www.evict.com*
>>> <http://www.evict.com/>
>>> * Email: **harry at evict.com* <harry at evict.com>
>>>
>>>
>>>
>>> *From:* landten-bounces at lists.flabarrpptl.org <
>>> landten-bounces at lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
>>> Leasing Committee
>>> *Sent:* Friday, January 28, 2022 12:18 PM
>>> *To:* RPPTL Real Estate Leasing Committee <landten at lists.flabarrpptl.org
>>> >
>>> *Subject:* [RPPTL Leasing Committee] CS/HB 537 Fees in Lieu of Security
>>> Deposits
>>>
>>>
>>>
>>> Good afternoon everyone and happy Friday!
>>>
>>>
>>>
>>> The attached bill was discussed during our weekly Legislative Committee
>>> Zoom meeting this morning. It appears that it currently has momentum for
>>> passage.   I recall that there was some discussion about this on the
>>> listserv and we have been asked whether the RP Leasing Committee would like
>>> to pursue technical advice for this bill.  This involves providing an
>>> outline written in plain English that identities the issues and proposed
>>> solutions. Please let me know if you’re interested in participating in
>>> providing this technical advice.  Please note that any memo we draft may be
>>> forwarded to our lobbyists and legislative staff or legislators, so keep
>>> this in mind if you agree to assist.
>>>
>>>
>>>
>>> https://www.flsenate.gov/Session/Bill/2022/537/?Tab=BillText
>>>
>>>
>>>
>>> Summary:
>>>
>>> Fees in Lieu of Security Deposits:  CS/HB 537 by Representative Mooney
>>> and CS/SB 884 by Senator Boyd are companion measures that authorized a
>>> landlord to offer a tenant option to pay a fee in lieu of a security
>>> deposit and provides implementing procedures regarding the options.  CS/HB
>>> 537 received 2 committee references and has been amended and approved by
>>> the first committee. CS/SB 884 also received 3 committee references and has
>>> been amended and approved by the first committee.
>>>
>>> <https://www.google.com/maps/search/3560+Cardinal+Point+Drive,+Suite+202+%0D%0A+Jacksonville,+FL+32257?entry=gmail&source=g>
>>>
>>>
>>>
>>> Thank you!
>>>
>>>
>>>
>>> Brenda B. Ezell
>>>
>>> [image: BCS]
>>>
>>> 3560 Cardinal Point Drive, Suite 202
>>> <https://www.google.com/maps/search/3560+Cardinal+Point+Drive,+Suite+202+%0D%0A+Jacksonville,+FL+32257?entry=gmail&source=g>
>>>
>>> Jacksonville, FL 32257
>>> <https://www.google.com/maps/search/3560+Cardinal+Point+Drive,+Suite+202+%0D%0A+Jacksonville,+FL+32257?entry=gmail&source=g>
>>>
>>> 904.432.3200 (o)
>>>
>>> 904-432-3201 (f)
>>>
>>> www.ezellfirmpa.com
>>>
>>>
>>>
>>> *PANDEMIC NOTICE:  All CLIENTS AND GUESTS ARE REQUIRED TO WEAR A FACE
>>> COVERING TO ENTER THE OFFICE. ONE CAN BE PROVIDED FOR YOUR CONVENIENCE AND
>>> OUR SAFETY. WE APPRECIATE YOUR COOPERATION**.*
>>>
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>>>
>>> _______________________________________________
>>> landten mailing list
>>> landten at lists.flabarrpptl.org
>>> http://mailman.fsr.com/mailman/listinfo/landten
>>
>> --
>> Deborah Marks, PLLC
>> 11767 S. Dixie Highway
>> Ste 126
>> Miami, FL 33156
>> 305-372-9400
>> deborahmarkslaw at gmail.com
>> deborah at deborahmarks.law
>> synergy928 at aol.com
>> _______________________________________________
>> landten mailing list
>> landten at lists.flabarrpptl.org
>> http://mailman.fsr.com/mailman/listinfo/landten
>
> _______________________________________________
> landten mailing list
> landten at lists.flabarrpptl.org
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