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As we get ready to start a new year, attention is turned to setting goals and resolutions.

As we get ready to start a new year, attention is turned to setting goals and resolutions.

As we get ready to start a new year, attention is turned to setting goals and resolutions

One goal you may want to consider for 2020 is getting your legal affairs in order. Preparing vital legal documents will help you to be ready for life emergencies and unforeseen events. Three of the top legal documents that should be a part of everyone’s legal life strategy are will, living will, and power of attorney forms.

A will is a legal document that lets you communicate your last wishes regarding distribution of your possessions, such as cars, home, money, and other items, to the people who you want to receive these assets upon your death.  It also lets you appoint a guardian for minor children.

A living will is a document that enables you to express in writing what type of medical treatment you want in the event you are no longer capable of making decisions yourself.  The living will lets you decide in advance if you want your life to being artificially prolonged by various medical procedures and equipment.

With a power of attorney form, you can appoint a trusted person to be your agent to handle financial, health, property or other matters when you cannot take care of things yourself.

USLegal makes it easy to access all of these vital legal documents and more with its LegalLife Legacy Bundle Special. See more details below.

 

LegalLife Legacy Bundle Special

Organize your legal life with one of U.S. Legal Form’s best-selling packages. It includes State Specific Last Will, Living Will and Power of Attorney PLUS (1) Credit Report Form, (2) Financial Statement, (3) Personal Life Planning Form, (4) Estate Planning Worksheet and (5) Monthly Cash Flow Statement. Normally $59, you can save now with this special offer price of $45.00. Act Fast. Offer expires January 3, 2020     

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Residential Lease Forms Package

If purchased individually, these forms would total $129.80. For just $59.95, get tremendous savings on forms you will need and use. Including state specific Lease, Lease Application, Reference Check Consent, Pre and Post Inventory Checklist, Lead Paint Disclosure, Welcome Letter, Rent Warning Letter, Rent Termination Notice, Closing Statement and more. Our most popular item. Click below to select the package for your state.

 
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Starting January 1, 2020, officers will start to issue citations….Florida texting law

Starting January 1, 2020, officers will start to issue citations….Florida texting law

Be prepared, Florida friends! While the new  took effect on July 1, 2019, law enforcement has only been issuing warnings. However, starting January 1, 2020, officers will start to issue citations. Check out our blog post for further details about the law.

New Florida Texting Law Effective July 1, 2019

By Ana Cristina Rossi, Esq.

Put your phone down while driving! We all know how dangerous it is to text while driving and the Florida legislature has done something about it. Florida joins 43 other states which allow law enforcement to pull over drivers for texting while driving.

The new law, which was signed by Gov. Ron DeSantis on May 17, 2019, went into effect on July 1, 2019. In explaining his support for the bill, Gov. DeSantis stated that Florida had almost 50,000 motor vehicle accidents in 2016 which were caused by distracted driving and 233 of these accidents resulted in fatalities.

Here Are Answers To Questions People Have About The New Law: Republished with permission from Cohen Law Group

How does this new law change the prior law on texting while driving?

The new law now makes texting while driving a primary offense, meaning that law enforcement can pull you over if they suspect that you are texting on your phone while operating a vehicle. Previously, texting while driving was a secondary offense, meaning that a driver could only be cited for texting while driving if they were pulled over for another offense.

 

What’s the penalty?

For a first offense, the fine is $30 and for a second offense, the fine is $60. You will also be responsible for paying court costs.

A first offense will be treated as a non-moving violation; a second offense will add 3 points on your license.

 

Can you use your phone while you are stopped at a traffic light?

Yes, the new law permits drivers to use their phones in a motor vehicle which is stationary.

 

Can law enforcement confiscate your phone if they see you texting while driving?

No, law enforcement are trained to detect the signs of texting while driving and are not permitted to confiscate or otherwise access your phone without a warrant.

While the law took effect on July 1, 2019, law enforcement will only be issuing warnings until January; after that, officers will start to issue citations.

Ana Cristina Rossi, Esq.

Learn more about Ana Cristina here!

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Community Associations Threatened With Website Litigation Under the ADA

Community Associations Threatened With Website Litigation Under the ADA

  • Posted: Dec 30, 2019
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Community Associations Threatened With Website Litigation Under the ADA

In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users.

  • So what does pizza have to do with a community association website?

Frankly, not a darn thing. It appears that the lawyers and firms threatening these specious lawsuits are conveniently conflating the obligations found under Title III of the ADA for places of public accommodation with the different set of obligations found in the Fair Housing Amendments Act (FHA) for housing providers.

Or, these lawyers are simply trying to avoid application of the ADA altogether since most private residential communities are not considered places of public accommodation. The ADA requires that every owner, lessor or operator of a “place of public accommodation” provides equal access to users who meet ADA standards for disability.

These lawsuits are attempting to apply the ADA standards for websites to housing providers impacted by the FHA.

These threatened website lawsuits are uniform in style (mostly forms sent in mass) and generally allege that a “tester” was unable to navigate an association’s website, resulting in a discriminatory impact on those who are visually impaired.

The suits allege that community association websites were not accessible to visually impaired persons thus violating the FHA. Community associations are considered housing providers under the FHA and, as such, must make reasonable accommodations for residents and guests with verifiable disabilities.

This is true in the realm of service and support animal requests and these new website lawsuits attempt to expand that obligation to include visually impaired visitors to an association website. It is curious that these testers did not reach out first and request that the allegedly deficient websites be modified for a visually impaired person to more easily navigate the site. Instead, demands are being summarily sent to community associations statewide who have websites in an attempt to reach a quick settlement.

The demand letters offer a conditional release for payment of “reasonable attorney fees” because the attorney sending the letter claims the firm is entitled to compensation for work completed to investigate, research and determine the community association’s noncompliance.

Of course one cottage industry begets another. In addition to a handful of law firms who believe they can generate some revenue with these tester lawsuits, we now also have a number of companies advising communities that they can make their websites compliant for fees ranging anywhere from $2,000-$5,000 and annual hosting around $300-$1,000 per year.

In actuality, the cost depends on the content and functionality of the website including the number of features that must be optimized for the visually impaired. There are also some solutions that are free depending on the website platform.

Many of the demands and threatened lawsuits appear to lack any merit and seem to be merely an attempt to obtain a quick settlement payment from community associations or their insurers.

Many of the communities who have been threatened have website features that are password-protected, are accessible only to owners, or don’t have the features that are the subject of the complaint, so the allegations appear to be specious.

While we can debate the merits of these tester lawsuits and even seek legislative clarification in the upcoming 2020 Legislative Session, in the interim, associations with websites need to speak with experienced counsel to confirm whether or not their association’s website must have the necessary software for disabled users.

This confirmation is particularly important if your community uses its website to list properties for sale or lease. As for the attorneys who have decided to send out these blanket demands without the benefit of further investigation, let’s hope they have a change of heart when associations push back.

Donna DiMaggio Berger is a board certified specialist in condominium and planned development law, a shareholder at Becker Law and the executive director of the Community Association Leadership Lobby.

 

 

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Accidents do happen even on the Holiday, If You Have Been Injured in a Slip and Fall Accident…..

Accidents do happen even on the Holiday, If You Have Been Injured in a Slip and Fall Accident…..

  • Posted: Dec 17, 2019
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If You Have Been Injured in a Slip and Fall Accident
Follow These 7 Important Steps

Find us on the Members Directory on SFPMA – The Maus Law Firm

1) Seek Medical Attention

This is your first step. Always to seek medical attention to ensure your injuries are documented. Schedule a Fort Lauderdale slip and fall attorney consultation as soon as you are well enough to visit.


2) GET PHOTOS

Facts are important. Document the location of the fall, store employees near, and the condition that caused you to fall.

 

3) DO NOT GIVE A RECORDED STATEMENT – YOU ARE NOT REQUIRED TO GIVE A STATEMENT.

They’re taking a statement to help their position – NOT to help YOU.
Our Fort Lauderdale slip and fall lawyers advise clients that if the business or insurance company contacts them, refer them to us. The calls will stop.

 

4) REQUEST AN INCIDENT REPORT

Businesses and insurance companies are infamous for the defenses they use when a person gets injured on their property.

 

5) REQUEST IN-STORE VIDEO SURVEILLANCE BE PRESERVED

This should be done in writing, and as soon as possible. Most businesses’ video recorders will tape over whatever is recorded after time.

 

6) GET WITNESS NAMES AND CONTACT INFORMATION

There is strength in numbers.

 

7) DOCUMENT YOUR INJURIES

Don’t wait!

Get the Help You Need from a Top Fort Lauderdale Slip and Fall Attorney
You deserve an experienced lawyer in slip and fall accidents and premises liability cases. Speak to a Fort Lauderdale slip and fall attorney in our office to have your questions answered.
Call 1-855-999-5297 today or visit us at www.mauslawfirm.com

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Protecting Tenants at Foreclosure Act of 2009

Protecting Tenants at Foreclosure Act of 2009

  • Posted: Dec 09, 2019
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Protecting Tenants at Foreclosure Act of 2009

Resurrected and Here to Stay

by KBR Legal/ Jeffrey Rembaum, Esq.

On May 20 2009, just after the peak of the national foreclosure crisis, a federal statute was enacted to help protect a residential tenant who was renting a unit subject to foreclosure from being evicted without being afforded a reasonable amount of time to find alternative housing.

The federal law was known as “Protecting Tenants at Foreclosure Act of 2009”.  It generally provided that a bona fide tenant was authorized to remain in a residential unit that was acquired by a new party through foreclosure for the balance of the unexpired term of the lease, unless the unit was acquired by a party that intended to occupy the unit, in which case the tenant was authorized to remain in the unit for ninety days after receiving a notice to vacate.

For purposes of the federal law, a “bona fide tenant” was a tenant who was not the mortgagor or the parent, spouse, or child of the mortgagor and who was under a lease that was the result of an arms-length transaction where rent was not substantially lower than fair market value.

The federal law assured that residential tenants would have a reasonable amount of time to plan and find alternative housing after the unit they were renting was foreclosed and acquired by a new party. However, it also assisted community associations in finding desirable tenants to rent units they owned through the foreclosure of the association’s assessment lien for a fair market value, which then helped the association recoup unpaid assessments and bad debt otherwise attributable to the unit.

The protections of the federal law were intended to “sunset”, which is a term meaning ”to expire”, on December 31, 2012. However, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) later extended the sunset date to December 31, 2014. Once the federal law finally expired on January 1, 2015, tenants of residential property in Florida no longer had any special protection from eviction by parties acquiring such units by foreclosure.

Then, approximately six month later, the Florida legislature adopted its own version of the law as part of the Florida Residential Landlord and Tenant Act. Specifically, section 83.561, Florida Statutes, became effective on June 15, 2015, and provides that “if a tenant is occupying a residential premises that is the subject of a foreclosure sale, the purchaser named in the certificate of title is permitted to give a tenant a thirty day notice to vacate and the tenant must comply”. Therefore, as of June 15, 2015, residential tenants had a much shorter timeframe of thirty days’ notice to vacate a unit acquired by foreclosure.

 

Finally, on June 23, 2018, the federal Protecting Tenants at Foreclosure Act became effective again. It no longer contains any sunset or expiration date; so it is here to stay. Since a federal law will supersede a Florida law when it is more stringent, the provisions of the Federal Protecting Tenants at Foreclosure Act giving tenants more time to vacate residential property after it is acquired by a new party through foreclosure will apply to transactions in Florida despite the shorter timeframe provided by state statute.

 

Kaye Bender Rembaum, Attorneys at Law

Palm Beach Office
Gardens Professional Center
9121 N. Military Trail,
Suite 200
Palm Beach Gardens, FL 33410
Phone: (561) 241-4462
Fax: (561) 223-3957
Broward Office
1200 Park Central Blvd. S.
Pompano Beach, FL 33064
Phone: (954) 928-0680
Fax: (954) 772-0319
Tampa Office
1211 North Westshore Blvd
suite 409
Tampa, Fl 33607
Phone: 813-375-0731

 

 

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Know the Rules of Restroom Renovations

Know the Rules of Restroom Renovations

  • Posted: Dec 09, 2019
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Know the Rules of Restroom Renovations

by Steven C Fraser, Esq. Fraser Lawyers

An area that gets a lot of foot traffic in any building, and one which everyone eventually will see and use, the restroom is a critical component of all commercial and industrial buildings. Typically thought of as only a functional space, the restroom has been transformed both by increased regulatory requirements for businesses (e.g., OSHA, ADA compliance, etc.) and by a shift to create more comfortable, inviting spaces for occupants.

These shifts put unique pressures on managers of aging buildings that may have fallen behind the curve on restroom design, aesthetics and function.

 

An area that gets a lot of foot traffic in any building, and one which everyone eventually will see and use, the restroom is a critical component of all commercial and industrial buildings. Typically thought of as only a functional space, the restroom has been transformed both by increased regulatory requirements for businesses (e.g., OSHA, ADA compliance, etc.) and by a shift to create more comfortable, inviting spaces for occupants.

These shifts put unique pressures on managers of aging buildings that may have fallen behind the curve on restroom design, aesthetics and function.

 

Norman Chapman facilities supervisor at Petigru Commercial Properties in Columbia, South Carolina., manages about 22 different properties, most of which were built anywhere from 25-30 years ago. He says that most of the buildings’ restrooms are located within tenants’ suites, which means the tenants are responsible for the upkeep and cleaning of those rooms. “We also have some common bathrooms,” says Chapman, “all of which are updated and modern.”

For example, most of Petigru’s properties feature restrooms that have wood frame cabinetry, decorative table legs, granite countertops, aged-bronze fixtures, high-end lighting and bold color schemes. Situated in a region that has a rich history.

Knowing that workers are more satisfied when it’s clear their employers care about them, Chapman says Petigru puts extra effort into keeping its restrooms fresh and updated, regardless of the building’s age. “Bathrooms are as important as the common hallways in a multi-tenant building, so we really try to keep up with the times and have them look nice,” says Chapman, “all in the name of attracting tenants that want a comfortable, functional space for their employees.”

 

OSHA’s Restroom Requirements for Businesses

When adding new facilities or renovating existing restrooms in an older building, there are some important regulatory requirements to keep in mind. In regulating the availability of and workers’ access to restroom facilities, the Occupational Safety and Health Administration (OSHA) has specific rules that must be followed. OSHA’s documentation is extremely detailed and complex, but at a basic level the Society for Human Resource Management (SHRM) highlights these requirements:

  • Toilet facilities must be available at every worksite.
  • Companies with 15 or fewer employees are required to offer only one unisex bathroom and toilet with a locking door.
  • For larger companies, the requirements are:
  • Two toilets for 16 to 35 employees
  • Three toilets for 36 to 55 employees
  • Four toilets for 56 to 80 employees
  • Five toilets for 81 to 110 employees
  • Six toilets for 111 to 150 employees and
  • One additional toilet for every 40 employees over 150.
  • Employers must provide gender-segregated facilities for coed workforces over 15 employees, with bathrooms designated as being for male or female use (unless they can be occupied by no more than one person and can be locked from the inside).
  • Each toilet must be in a separate compartment, with a door, and must be separated from the next by partitions sufficiently high to ensure privacy.
  • Hand-washing facilities must be provided and maintained in a sanitary condition. All restrooms must have running water, soap and either hand towels or air-dryers.

 

ADA Compliance Counts

An important consideration for all businesses and public spaces today, the Americans with Disabilities Act (ADA) has strict rules in place concerning the construction and renovation of restroom facilities. If you’re running an older building where the restroom facilities haven’t been recently updated, then you may need to revisit your restrooms to make sure they are up to code.

The complete ADA guidelines are available here. According to Buildings, the basic ADA guidelines that facilities managers should keep in mind for single-user restrooms are:

  • There must be 30” X 48” access to the sink (in other words, the door can’t swing into this rectangle).
  • The measurement starts from the point where users have 9” vertical clearance for their feet and 27” vertical clearance for their knees.
  • The center line of the toilet must be between 16” to 18” from the side wall.
  • To allow a wheelchair to turn, there must be a clear circle of at least 60 inches around the side wall and 56 inches from the rear wall.
  • The toilet seat height must be 17-19 inches.

 

According to Chapman, it’s important to factor both OHSA and ADA requirements into a restroom renovation in an older building, with the latter posing some of the bigger challenges for a upgrading an existing space. “You need at least one ADA stall (depending on how many tenants are on a floor of the building) in every bathroom, and that can take up some extra room,” he explains. This sometimes requires re-thinking how space is used, and whether or not the restroom redesign will require borrowing space from other private areas of the building. In a case like that, the restroom renovation project will require planning and timing around lease agreements as well.

 

Improving Comfort Levels

All older buildings will eventually have to go through some type of restroom renovation project. Whether the purpose is modernization, comfort, functionality, compliance or a combination of all four, this is a facility area that requires ongoing attention and commitment.

Not only do restroom renovations help keep occupants comfortable, but they can also enhance property value, improve employee morale, and help establish your company as one that cares about its employees, customers, and business partners.

The information provided on this page does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

 

STEVEN C. FRASER, P.A

(877) 862-7188

221 W Hallandale Beach Blvd
Hallandale Beach, Florida 33009
(877) 862-7188
sfraser@fraserlawfl.com

 

 

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Sign Up for Our Premier Board Certification Classes @Dave and Busters in Hollywood FL.

Sign Up for Our Premier Board Certification Classes @Dave and Busters in Hollywood FL.

  • Posted: Dec 03, 2019
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Sign Up for Our Premier Board Certification Classes

@Dave and Busters in Hollywood FL.

If you would like to attend and get certified, please fill out the form below and click send. Dont forget to select the event you would like to attend!

http://www.condocrazeandhoas.com/multi-event.php

Condo Craze and HOA’s
Dave and Busters – Hollywood
December 5, 2019 – 5 pm
3000 Oakwood Blvd
Hollywood, FL 33020
(954) 923-5505

 

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Statutory Limitation on Condominium Transfer Fees

Statutory Limitation on Condominium Transfer Fees

Statutory Limitation on Condominium Transfer Fees

A Reminder that the Limit is the Limit

Transfer fees are those fees an association may charge in connection with the sale or lease of a unit. There are significant differences between allowable transfer fees for homeowners’ associations as compared against condominium associations. When it comes to transfer fees for condominium associations, Florida law is patently clear – in no event may such a fee exceed $100 per applicant. In spite of this clear limitation, some condominium associations charge more than the statutory maximum, and doing so is not without significant consequence.

 

In fact, unit owners of a condominium association recently brought a successful class action lawsuit in Miami-Dade County against their condominium association that charged transfer fees beyond the statutory limit. That association now faces a significant financial impact from the suit. Not only must the association return the money charged over the statutory limit to each member of the class, the settlement stipulated that the association must pay $95,000.00 in attorney fees to the law firm representing the residents. The class period was from 2014 to 2019, and the association may end up paying over $200,000.00 to satisfy all the claims in the class. Yikes!

 

Join the Roundup: 

Please click here if you would like to receive Rembaum’s Association Roundup in your inbox!

 

Specifically, section 718.112(2)(i), Florida Statutes, provides that “no charge shall be made by a condominium association in connection with the sale, mortgage, lease, sublease, or other transfer of a unit unless i) the association is required to approve such transfer and ii) a fee for such approval is provided for in the declaration. In no event may such fee exceed $100 per applicant other than husband/wife or parent/dependent child, which are considered one applicant.” The law does allow the association to require a prospective lessee place a security deposit, not to exceed the equivalent of one month’s rent, into an escrow account maintained by the association.

 

It is important to note that the statute requires that the condominium’s declaration provide authority to the association to approve a transfer and to impose the transfer fee. If these powers are not granted in your declaration of condominium, the condominium association may not charge any transfer fee. If the declaration of condominium does provide for a transfer fee, then the association must abide by the statutory maximum.

 

It is not unheard of for more than one condominium association to attempt to circumvent the statutory limitation by changing the name of the fee. Some may call the charges “screening fees” or “move in fees,” but that does not change the fact that the fees are still legally considered transfer fees. Remember, the limit is the limit, regardless of whether the condominium association’s expenses in obtaining credit and criminal history reports exceeds the $100.00 limitation. Any condominium association charging more than the statutory maximum is violating the statute and opens itself up to liability. With the award of attorney fees, there is an incentive for attorneys to bring more cases challenging any transfer fees that violate the statute. Your condominium association could be liable for hundreds of thousands of dollars for charging improper transfer fees.

 

On the other hand, there is good news for homeowners’ associations, these statutory maximums only apply to condominium associations. However, homeowners’ associations are not without some statutory limitation. Section 689.28, Florida Statutes, declares that transfer fee covenants violate public policy by impairing marketability of real property. However, section 689.28(2)(c)7., Florida Statutes, does allow a homeowners’, condominium, cooperative, mobile home, or property owners’ association to charge a fee if the declaration allows such a charge. So, a homeowners’ association may only charge a transfer fee if the authority is granted to the association in the declaration. Just keep in mind, if your declaration specifies a set fee, your association is limited to the fee provided in the declaration.

 

Now is a good time for all board members to review their community’s governing documents and seek advice from the association’s lawyer as to whether any existing transfer fee complies with the statutory requirements. A simple check now can help your association avoid costly litigation in the future.

Article written by Jeff Rembaum of KBRLegal.com 
with permission for SFPMA to republish for our industry.

 

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

Thank You, SFPMA.COM

 

 

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TALLAHASSEE, Fla. — New laws take effect Oct. 1 in Florida, impacting state residents. A total of 27 new laws go in to effect.

TALLAHASSEE, Fla. — New laws take effect Oct. 1 in Florida, impacting state residents. A total of 27 new laws go in to effect.

TALLAHASSEE, Fla. — New laws take effect Oct. 1 in Florida, impacting state residents.

  • 27 new state laws in Florida
  • New laws take effect Oct. 1 
  • Texting while driving ban, hazing and protection of police dogs and horses

A total of 27 new laws go in to effect.

However, the biggest is a provision of a law that already went into effect: holding a phone or other device while driving.

State lawmakers passed a law that made texting while driving a primary offense in Florida. That law went into effect in July. But starting Tuesday, a provision of the law goes into effect that requires drivers to be “hands-free” in certain areas. If you are spotted holding a phone, whether that be talking on it, flipping through emails, playing Pokemon Go or anything else, police can pull you over and cite you if you are driving in a school or work zone.

We talked to drivers in the Bay area who said they support the new law.

“I think it’s smart because the school zone by my house on MacDill, every single time I’m going through there when the lights are on people are just blowing by me, not paying attention,” said John Meyer. “I don’t think these people on their phones are even going to see the crossing guards. It’s a problem and I’m glad they’re doing something about it.”

“I think we need to protect our children first and foremost. It would be horrible to lose a child over a cell phone and I truly believe they need to implement this law,” said Elisandra Garcia.

Up next, especially for college students, a new hazing law comes into effect.

Senate Bill 1080 will target people who plan acts of hazing or recruit others to help – if there is a permanent injury during the hazing, that will now be a third degree felony. Reporting a hazing incident will get you immunity under the new law.

Police dogs and horses are getting some added protection in a new law taking effect tomorrow. Anyone killing or severely injuring a police horse or dog will now face a potential of 15 years in prison. That is a 10 year increase over the current law.

 

Among the laws going into effect:

  • TEXTING WHILE DRIVING. Lawmakers passed a bill (HB 107) that strengthened the state’s ban on texting while driving by making it a “primary” offense, allowing police to pull over motorists for texting behind the wheel. Most of the measure took effect July 1. But starting Tuesday, it will require motorists to go hands-free on wireless devices in school and work zones. The law directs law-enforcement officers to provide verbal or written warnings until the end of the year for motorists who don’t put down cell phones in those areas. Tickets will start to be issued Jan. 1, punishable as a moving violation with three points assessed against the driver’s license.
  • HAZING. A new law (SB 1080) was crafted after Andrew Coffey, a Florida State University fraternity pledge from Lighthouse Point, died in 2017 after drinking a bottle of Wild Turkey bourbon that had been taped to his hand. The law targets people who plan acts of hazing or solicit others to engage in hazing and makes it a third-degree felony if the hazing results in a permanent injury. The bill also provides immunity to people who call 911 or campus security to report the need for medical assistance during hazing incidents.
  • POLICE DOGS AND HORSES. The measure (SB 96) makes it a second-degree felony, up from a third-degree felony, for people who kill or cause great bodily harm to police, fire or search-and-rescue dogs or police horses. The change boosts the amount of potential prison time from five years to 15 years. Supporters said the bill stems, at least in part, from the deaths of Fang, a member of the Jacksonville Sheriff’s Office canine unit shot and killed by a teenager fleeing after carjacking two women at a gas station, and a Palm Beach County Sheriff’s Office police dog named Cigo that was killed in the line of duty.
  • CHILD-LIKE SEX DOLLS. The law (SB 160), in part, makes it a first-degree misdemeanor to sell, give away or show child-like sex dolls. The charge increases to a third-degree felony on subsequent violations. A committee staff analysis said the importation to the U.S. of sex dolls that resemble children has become increasingly prevalent. “Such dolls are manufactured in China, Hong Kong, or Japan and are shipped to the U.S. labeled as clothing mannequins or models in order to avoid detection,” the analysis said.
  • VETERANS’ COURTS. The law (SB 910) removes a requirement that military veterans be honorably discharged to be eligible for participation in veterans’ courts. It also expands overall eligibility to current or former U.S. defense contractors and military members of allied countries. Veterans’ courts are designed to provide treatment interventions to military veterans and active-duty service members who are charged with criminal offenses and suffer from military-related injuries, such as post-traumatic stress disorder, traumatic brain injury or a substance-abuse disorder.

 

 

You can read the other laws going into effect Tuesday below. to get more details on them, go to the Florida House website.

  • CS/HB 9: Community Redevelopment Agencies:
    Requiring ethics training for community redevelopment agency commissioners; requiring a community redevelopment agency to follow certain procurement procedures; requiring a community redevelopment agency to publish certain digital boundary maps on its website; providing termination dates for certain community redevelopment agencies, etc.

 

  • CS/SB 262 Child Welfare:
    Providing for the name of a child’s guardian ad litem or attorney ad litem to be entered on court orders in dependency proceedings; requiring cooperation between certain parties and the court to achieve permanency for a child as soon as possible; requiring the court during an adjudicatory hearing to advise parents in plain language of certain requirements to achieve permanency with their child, etc.

 

  • CS/CS/HB 725 Commercial Motor Vehicles:
    Exempting persons who operate a commercial motor vehicle solely in intrastate commerce which does not transport hazardous materials in amounts that require placarding from certain requirements related to electronic logging devices and hours of service supporting documents until a specified date; extending an exemption from specified commercial motor vehicle requirements for a commercial vehicle having a certain gross vehicle weight rating and gross combined weight rating, under certain circumstances; revising length and load extension limitations for stinger-steered automobile transporters, etc.

 

  • CS/CS/HB 827 Engineering:
    Prohibiting specified services to the department for a project that is wholly or partially funded by the department and administered by a local governmental entity from being performed by the same entity; revising licensure certification requirements to include active engineering experience and a minimum age; revising the timeframes in which a fee owner or the fee owner’s contractor using a private provider to provide building code inspection services must notify the local building official, etc.

 

  • CS/HB 1057 Motor Vehicles:
    Revises provisions relating to motor vehicle lamps, lights, & warning signals; provides requirements & penalties; revises requirements for release statements & pickup notices for damaged or dismantled motor vehicles; authorizes entity that processes certain transactions or certificates for derelict or salvage motor vehicles to be authorized electronic filing system agent; authorizes DHSMV to adopt rules.

 

  • CS/HB 1247 Construction Bonds:
    Requires notice of nonpayment to be under oath; specifies that claimant or lienor who serves fraudulent notice of nonpayment forfeits his or her rights under bond; provides that service of fraudulent notice of nonpayment is complete defense to claimant’s or lienor’s claim against bond; provides that provision relating to attorney fees applies to certain suits brought by contractors.

 

  • HB 1323 City of Tampa, Hillsborough County:
    Revises investment policy provisions to conform with general law.

 

  • HB 1373 Hillsborough County Civil Service Act:
    Repeals special act relating to the establishment of a fair, neutral, & impartial system for administering employee discipline; requires that agency or authority previously covered under act must provide fair, neutral, & impartial system for administering employee discipline of suspension, involuntary demotion, or dismissal & appeals of such discipline.

 

  • HB 7001 OGSR/State University DSO Research Funding:
    Removes scheduled repeal of exemption relating to exemption from public meeting requirements for portions of certain state university DSO meetings at which proposal seeking research funding or plan for initiating or supporting research is discussed.

 

  • HB 7003 OGSR/Alzheimer’s Disease Research Grant Advisory Board:
    Removes scheduled repeal of exemption from public records & meeting requirements for applications provided to Alzheimer’s Disease Research Grant Advisory Board within DOH & review of such applications.

 

  • HB 7009 OGSR/Identification and Location Information/Department of Health:
    Removes scheduled repeal of exemption from public record requirements for certain personal identifying & location information of specified personnel of DOH, & spouses & children thereof.

 

  • HB 7011 OGSR/Division of Emergency Management: 
  • Removes scheduled repeal of exemption from public meeting requirements for information provided to DEM for purpose of being provided assistance with emergency planning.

 

  • SB 7018 OGSR/Public Research Facility/Animal Research:
    Amending a provision which provides an exemption from public records requirements for the personal identifying information of a person employed by, under contract with, or volunteering for a public research facility that conducts or is engaged in activities related to animal research; removing the scheduled repeal of the exemption, etc.

 

  • HB 7025 OGSR/Treatment-based Drug Court Programs: 
  • Removes scheduled repeal of exemption from public records requirements for certain information relating to screenings for participation in treatment-based drug court programs, behavioral health evaluations, & subsequent treatment status reports.

 

  • HB 7033 OGSR/Family Trust Companies:
    Removes scheduled repeal of exemption relating to certain information held by OFR relating to family trust companies.

 

  • SB 7034 OGSR/Automated License Plate Recognition System:
    Amending a specified provision which provides a public records exemption for certain images and data obtained through the use of an automated license plate recognition system and for personal identifying information of an individual in data generated from such images; removing the scheduled repeal of the exemption, etc.

 

  • SB 7036 OGSR/Payment of Toll on Toll Facilities/Identifying Information:
    Amending a specified provision which provides an exemption from public records requirements for personal identifying information held by the Department of Transportation, a county, a municipality, or an expressway authority for certain purposes; deleting the scheduled repeal of the exemption, etc.

 

  • HB 7047  OGSR/Security Breach Information:
    Removes scheduled repeal of exemption from public record requirements for certain information received by Department of Legal Affairs relating to security breaches.
  • HB 7049 OGSR/Florida Consumer Collection Practices Act:
    Removes scheduled repeal of exemption from public record requirements for certain information held by Office of Financial Regulation pursuant to investigation or examination under Florida Consumer Collection Practices Act.
  • HB 7059  OGSR/Concealed Carry License/DACS:
    Removes scheduled repeal of exemption from public records requirements for certain personal identifying information held by tax collector when individual applies for license to carry concealed weapon or firearm.
  • HB 7091 OGSR/Hurricane and Flood Loss Model Trade Secrets:
    Removes scheduled repeal of exemption relating to certain information related to trade secrets used to design an insurance hurricane or flood loss model.
  • HB 7097 OGSR/Informal Enforcement Actions and Trade Secrets/OFR:
    Removes scheduled repeal of exemptions from public records requirements for certain informal enforcement actions engaged in & trade secrets held by OFR.
  • CS/HB 7125 Administration of Justice:
    Providing for reallocation of unencumbered funds returned to the Crime Stoppers Trust Fund; increasing threshold amounts for certain theft offenses; revising criminal penalties for the third or subsequent offense of driving while license suspended, revoked, canceled, or disqualified; requiring the Department of Children and Families to provide rehabilitation to criminal offenders designated as sexually violent predators; establishing eligibility criteria for expunction of a criminal history record by a person found to have acted in lawful self-defense; creating the Task Force on the Criminal Punishment Code adjunct to the Department of Legal Affairs, etc.

 

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HURRICANE SEASON IS HERE – IF YOU SUFFER A CASUALTY, YOU NEED TO KNOW ABOUT THIS NEW LAW

HURRICANE SEASON IS HERE – IF YOU SUFFER A CASUALTY, YOU NEED TO KNOW ABOUT THIS NEW LAW

HURRICANE SEASON IS HERE – IF YOU SUFFER A CASUALTY, YOU NEED TO KNOW ABOUT THIS NEW LAW

A good reason why society provides for prevailing party attorney fees and costs is to make a potential plaintiff think twice before filing a lawsuit. Imagine being able to sue your adversary in court without worry that if you lose you will NOT have to pay prevailing party attorney fees and costs to the other side. Such a situation could lead to an avalanche of lawsuits, and that is exactly what happened when Florida laws permitted contractors holding an “assignment of benefits” in their favor, who were unhappy with the award from the insurance company, to sue the insurance company with nothing to lose but to pay for their own attorney. Simply put, an assignment of benefits is an agreement transferring a homeowner’s insurance benefits to a contractor who may then file a claim against the homeowner’s insurance policy without the involvement of the homeowner. Notwithstanding the assignment of benefits, the homeowner is still responsible to pay the insurance premium and deductible. If the contractor then makes a claim against the insurance policy and is unhappy with the insurance proceeds received, the contractor can sue the insurance company with no threat of having to pay prevailing party attorney fees if the contractor lost its lawsuit against the insurance company. Without the fear of a prevailing party attorney fees award, these types of lawsuits became very prevalent. Insurers claim that this led to ever increasing insurance premiums. Not anymore!

 

Due to the passage of House Bill 7065 (“HB 7065”), officially taking effect on July 1, 2019, consumers may begin to notice a decrease in their insurance premiums as HB 7065 creates liability for the contractor for attorney fees and costs based upon the difference between the amount recovered and the amount offered during settlement negotiations as compared to the disputed amount. When HB 7065 takes effect, if the contractor holding the assignment of benefits sues and the difference between the judgment obtained by the contractor and the presuit settlement offer by the insurer is less than 25% of the disputed amount, the insurer is entitled to an award of reasonable attorney fees. On the other hand, if the difference between the judgment obtained by the contractor and the presuit settlement offer by the insurer is at least 50% of the disputed amount, the contractor is entitled to an award of reasonable attorney fees. Finally, if the difference between the judgment obtained by the contractor and the presuit settlement offer by the insurer at least 25%, but less than 50%, of the disputed amount, no party is entitled to an award of attorney fees.

 

Insurers claim that the old system resulted in abuse of property insurance claims, as contractors were inflating repair costs and essentially operating without significant financial risk during insurance litigation, thus allowing contractors to assert numerous claims in hopes that one would stick. As a result, insurance companies were left bearing the costs of these lengthy litigation’s, and thus, sought to recover their litigation expenses through the consumer – the homeowner – by increasing insurance premiums. While a homeowner is still able to enjoy the benefits of the one-way attorney fee privilege, this right is no longer transferable to the contractors through assignment of benefits. Clearly, this is a drastic change that will affect contractors around the entire State.

If you have any questions regarding the impact of this new law, please discuss them with your association’s attorney.

With hurricane season approaching, in the event you experience a casualty, before signing an assignment of benefits in favor of the contractor who shows up, often uninvited, not only do you need to read the fine print, but it is strongly suggested you have an attorney review the assignment of benefits contract first.

http://rembaumsassociationroundup.com/2019/06/19/hurricane-season-is-here-if-you-suffer-a-casualty-you-need-to-know-about-this-new-law/

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EMERGENCY POWERS  

HOMEOWNERS’ ASSOCIATIONS

 

720.316 Association emergency powers.—

(1) To the extent allowed by law, unless specifically prohibited by the declaration or other recorded governing documents, and consistent with s. 617.0830, the board of directors, in response to damage caused by an event for which a state of emergency is declared pursuant to s. 252.36 in the area encompassed by the association, may exercise the following powers:

(a) Conduct board or membership meetings after notice of the meetings and board decisions is provided in as practicable a manner as possible, including via publication, radio, United States mail, the Internet, public service announcements, conspicuous posting on the association property, or any other means the board deems appropriate under the circumstances.
(b) Cancel and reschedule an association meeting.
(c) Designate assistant officers who are not directors. If the executive officer is incapacitated or unavailable, the assistant officer has the same authority during the state of emergency as the executive officer he or she assists.
(d) Relocate the association’s principal office or designate an alternative principal office.
(e) Enter into agreements with counties and municipalities to assist counties and municipalities with debris removal.
(f) Implement a disaster plan before or immediately following the event for which a state of emergency is declared, which may include, but is not limited to, turning on or shutting off elevators; electricity; water, sewer, or security systems; or air conditioners for association buildings.
(g) Based upon the advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the association property unavailable for entry or occupancy by owners or their family members, tenants, guests, agents, or invitees to protect their health, safety, or welfare.
(h) Based upon the advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the association property can be safely inhabited or occupied. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration.
(i) Mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the association property.
(j) Notwithstanding a provision to the contrary, and regardless of whether such authority does not specifically appear in the declaration or other recorded governing documents, levy special assessments without a vote of the owners.
(k) Without owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association if operating funds are insufficient. This paragraph does not limit the general authority of the association to borrow money, subject to such restrictions contained in the declaration or other recorded governing documents.
(2) The authority granted under subsection (1) is limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the parcel owners and their family members, tenants, guests, agents, or invitees, and to mitigate further damage and make emergency repairs.
History.—s. 19, ch. 2014-133.

EMERGENCY POWERS  

CONDOMINIUM ASSOCIATIONS

 

718.1265 Association emergency powers.—

(1) To the extent allowed by law and unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent with the provisions of s. 617.0830, the board of administration, in response to damage caused by an event for which a state of emergency is declared pursuant to s. 252.36 in the locale in which the condominium is located, may, but is not required to, exercise the following powers:

(a) Conduct board meetings and membership meetings with notice given as is practicable. Such notice may be given in any practicable manner, including publication, radio, United States mail, the Internet, public service announcements, and conspicuous posting on the condominium property or any other means the board deems reasonable under the circumstances. Notice of board decisions may be communicated as provided in this paragraph.
(b) Cancel and reschedule any association meeting.
(c) Name as assistant officers persons who are not directors, which assistant officers shall have the same authority as the executive officers to whom they are assistants during the state of emergency to accommodate the incapacity or unavailability of any officer of the association.
(d) Relocate the association’s principal office or designate alternative principal offices.
(e) Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal.
(f) Implement a disaster plan before or immediately following the event for which a state of emergency is declared which may include, but is not limited to, shutting down or off elevators; electricity; water, sewer, or security systems; or air conditioners.
(g) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the condominium property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.
(h) Require the evacuation of the condominium property in the event of a mandatory evacuation order in the locale in which the condominium is located. Should any unit owner or other occupant of a condominium fail or refuse to evacuate the condominium property where the board has required evacuation, the association shall be immune from liability or injury to persons or property arising from such failure or refusal.
(i) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the condominium property can be safely inhabited or occupied. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration.
(j) Mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property, even if the unit owner is obligated by the declaration or law to insure or replace those fixtures and to remove personal property from a unit.
(k) Contract, on behalf of any unit owner or owners, for items or services for which the owners are otherwise individually responsible, but which are necessary to prevent further damage to the condominium property. In such event, the unit owner or owners on whose behalf the board has contracted are responsible for reimbursing the association for the actual costs of the items or services, and the association may use its lien authority provided by s. 718.116to enforce collection of the charges. Without limitation, such items or services may include the drying of units, the boarding of broken windows or doors, and the replacement of damaged air conditioners or air handlers to provide climate control in the units or other portions of the property.
(l) Regardless of any provision to the contrary and even if such authority does not specifically appear in the declaration of condominium, articles, or bylaws of the association, levy special assessments without a vote of the owners.
(m) Without unit owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient. This paragraph does not limit the general authority of the association to borrow money, subject to such restrictions as are contained in the declaration of condominium, articles, or bylaws of the association.
(2) The special powers authorized under subsection (1) shall be limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the unit owners and the unit owners’ family members, tenants, guests, agents, or invitees and shall be reasonably necessary to mitigate further damage and make emergency repairs.
History.—s. 15, ch. 2008-28.

 

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