[RPPTL Leasing Committee] CS/HB 537 Fees in Lieu of Security Deposits
RPPTL Real Estate Leasing Committee
landten at lists.flabarrpptl.org
Wed May 4 12:32:44 PDT 2022
Dear Leasing Committee:
For those of you who attended the last leasing meeting, you know that we
voted to prepare a legislative position form and white paper opposing
legislation that would regulate security deposit replacement products
unless certain consumer protection matters were considered. Our prior white
paper (from the 2022 session) was re-worked to be ready for next year's
session (2023). The same items were addressed in this version of the white
paper though more broadly since we do not have a specific bill to work with
yet to make specific line-by-line recommendations. The white paper is
attached here and will be circulated with the leasing agenda.
Please let me know if anyone has comments or questions. We will discuss
this at the next leasing meeting on May 25th at 2pm (zoom only) and this
will be an EC information item.
Thank you to everyone who helped to provide information on this ongoing
issue!
Best,
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 Tue, Feb 22, 2022 at 4:56 PM Kristen Jaiven <kristen at quadcompanies.com>
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**.*
>>>>>
>>>>> *CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it
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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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>
>
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