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

Mon Mar 14 12:47:48 PDT 2022

Thank you for the update! We did a lot of work on this, so we are in a good
spot to pick it up early next session.

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 Mon, Mar 14, 2022 at 1:19 PM RPPTL Real Estate Leasing Committee <
landten at lists.flabarrpptl.org> wrote:

> 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
>>>>> landten at lists.flabarrpptl.org
>>>>> http://mailman.fsr.com/mailman/listinfo/landten
>>>>
>>>>
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>>>> Investments, Inc. d/b/a The Signature Real Estate Companies 6699 N Federal
>>>> Hwy, Suite 103, Boca Raton, FL 33487 Email Abuse Reporting:
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>>>
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>>> Investments, Inc. d/b/a The Signature Real Estate Companies 6699 N Federal
>>> Hwy, Suite 103, Boca Raton, FL 33487 Email Abuse Reporting:
>>> it at quadcompanies.com
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>>
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>
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system manager. Please note that any views or opinions presented in this
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caused by any virus transmitted by this email. Quad Realty 
Investments, Inc.
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Hwy, Suite 103, Boca Raton, FL
33487 Email Abuse Reporting: 
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