[RPPTL Leasing Committee] [RPPTL LandTenCL] CS/HB 537 Fees in Lieu of Security Deposits
RPPTL Real Estate Leasing Committee
landten at lists.flabarrpptl.org
Mon Mar 14 10:17:02 PDT 2022
This bill got VERY close... but failed. It will be back next year I am
sure. We should start looking at our responses a lot earlier since we know
it is coming.
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 Tue, Feb 22, 2022 at 5:05 PM Real Estate Leasing Committee <
landtencl at lists.flabarrpptl.org> wrote:
> The 10% increase cap is completely arbitrary and will result in people
> terminating tenancies rather than working with Tenants if things like
> insurance or association assessments jump to the point where it is
> necessary to raise the rent more than 10% just to remain solvent.
> Especially with the new "reserve" bill floating out there, it is likely
> that association special assessments will skyrocket in many cases and rents
> will necessarily go up- or people will just need to terminate the tenants.
> That presumes that it meant that you can't increase the rent to the same
> tenant by more than 10% BUT it is also not particularly clear whether that
> is a cap that relates to the same TENANT or whether you just can't raise
> the rent you charge to anyone more than 10%- if it is the latter than the
> landlords will be truly destroyed by what the legislature is doing with its
> other legislation.
>
> The other one is no big deal in my opinion.
>
> Deborah Marks
> 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 Tue, Feb 22, 2022 at 4:49 PM Real Estate Leasing Committee <
> landtencl at lists.flabarrpptl.org> wrote:
>
>> Dear Leasing Committee:
>>
>> Two additional amendments have been proposed to HB 537 that are beyond
>> the scope of the fee in lieu of security deposit issue that was the topic
>> of extensive discussion already. Comments on the fee in lieu issue have
>> been submitted to the legislation team. Please review the additional
>> amendments to HB 537 and advise if you have any comments you want the
>> leasing committee to address. These amendments address a cap on rent for
>> renewals and non-discrimination based on source of income.
>>
>>
>> - Rep. Nixon –
>> https://www.flsenate.gov/Session/Bill/2022/537/Amendment/300015/PDF
>> - Rep. Nixon –
>> https://www.flsenate.gov/Session/Bill/2022/537/Amendment/861099/PDF
>>
>> If you have any comments, please let me know!
>>
>>
>> - Kristen
>>
>>
>> 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 Wed, Feb 2, 2022 at 1:01 PM RPPTL Real Estate Leasing Committee <
>> landten at lists.flabarrpptl.org> wrote:
>>
>>> 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
>>>
>>> https://us02web.zoom.us/j/88284448990?pwd=dUx5Z2paK2JwSVFmZEQxaUZxUjk3QT09
>>>
>>> Meeting ID: 882 8444 8990
>>> Passcode: 167717
>>> One tap mobile
>>> +16468769923,,88284448990#,,,,*167717# US (New York)
>>> +13017158592,,88284448990#,,,,*167717# US (Washington DC)
>>>
>>> Dial by your location
>>> +1 646 876 9923 US (New York)
>>> +1 301 715 8592 US (Washington DC)
>>> +1 312 626 6799 US (Chicago)
>>> +1 408 638 0968 US (San Jose)
>>> +1 669 900 6833 US (San Jose)
>>> +1 253 215 8782 US (Tacoma)
>>> +1 346 248 7799 US (Houston)
>>> Meeting ID: 882 8444 8990
>>> Passcode: 167717
>>> Find your local number: https://us02web.zoom.us/u/kdrAyRkHmL
>>>
>>> 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
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>>>
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>>
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>> Hwy, Suite 103, Boca Raton, FL 33487 Email Abuse Reporting:
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>
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