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Becker is proud to announce that the firm has signed The Diversity in Government Relations Coalition Industry Pledge.

Becker is proud to announce that the firm has signed The Diversity in Government Relations Coalition Industry Pledge.

  • Posted: Jul 03, 2021
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Becker is proud to announce that the firm has signed The Diversity in Government Relations Coalition Industry Pledge.

 

The DGR Coalition aspires to foster and strengthen diversity, equity, and inclusion among entities that influence local, state, and federal policy through data collection, strategic communications, and stakeholder engagement. This pledge is part of its greater non-partisan efforts to “put forth evidence-based best practices that govern our actions…throughout the field.”

The Diversity in Government Relations Coalition Industry Pledge, a first-of-its-kind in the government relations industry, reads:

“We commit to increasing understanding of diversity, equity, and inclusion (DEI) and its impact on the government relations field; intentionally addressing the gaps in diverse representation of our staff and our leadership teams that influence local, state, federal and international policy; and exploring the unintended consequences that result from policy and advocacy that lack diverse representation, voice, and perspective.”

“Becker is delighted to align ourselves with the Coalition’s goal of creating an equitable, inclusive future,” said Omar Franco, leader of the firm’s Federal Lobbying practice and the firm’s designee to sign the pledge. “The firm and, in particular, its Government Law & Lobbying team have long understood the importance of having all voices represented in our ranks; signing this pledge is yet another way we can be a proactive part of the conversation.”

Becker is also a member of the Law Firm Antiracism Alliance (LFAA), a partnership of over 285 law firms committed to racial equality. The LFAA’s mission is to collaborate with racial justice legal service organizations and law firms’ pro bono teams to confront the root cause of racism.

For further samples of Becker’s commitment to diversity and inclusion, please view the perspectives below:

Becker’s Government Law & Lobbying practice counts its racial, ethnic, gender and political diversity as an integral part of its formula for success. The team believes its diversity provides clients with the distinct advantage of collaborating with an array of state and federal legislators and local government officials from both sides of the aisle, as well as the various caucuses. To learn more about the Government Law & Lobbying practice, please click here.

For more information about the DGR Coalition and how to participate in its Industry Pledge, please click here.

 

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Do Boating Accident Cases Differ From Car Accident Cases? Yes and No

Do Boating Accident Cases Differ From Car Accident Cases? Yes and No

  • Posted: Jun 29, 2021
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Do Boating Accident Cases Differ From Car Accident Cases? Yes and No

Victims of both car and boating accidents often suffer severe injuries caused by the negligence of others and may be entitled to compensation if they can demonstrate how another person’s lack of responsibility caused their injuries.
Often, boating and car accident cases can be different and victims need to understand what makes their case unique. Work with an accident lawyer experienced in representing victims of BOTH.
Boating Accidents May Involve Maritime Law
Car accident cases are handled under state personal injury laws. Boating accidents may involve Florida laws or federal maritime laws, or both. These laws can apply to injuries occurring in interstate navigable waters, so any boating accident on a body of water, not landlocked within a single state could potentially be covered by maritime laws.
Some courts, however, only apply maritime law in certain types of cases.
Is this confusing? Absolutely.
Maritime laws can affect a victim’s ability to recover compensation., It is a good idea if injured in a boating accident to consult an attorney who understands how to argue for and against the application of maritime law.
Boating accident victims should consult a lawyer who knows how to succeed in both!.
Experience is Key
If you were injured in an accident that may have been caused by another person’s failure to act responsibly, contact our lawyers today for a free consultation.

Maus Law Firm

954-784-6310

Mr. Maus is a Florida native practicing law in South Florida since 1993. He currently limits his practice to the areas of insurance related claims – personal injury and homeowner property damage claims and commercial litigation. Mr. Maus has tried over 60 jury trials to verdict and has litigated claims throughout Florida.

Board Member Mistakes: How to Avoid Them

Board Member Mistakes: How to Avoid Them

  • Posted: Mar 30, 2021
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Board Member Mistakes: How to Avoid Them

Community association boards are bound to face many difficult decisions in the course of their work. Conflicts between individual owners and the board, financial hardships, unexpected disasters: there are many points where decisions need to be made, and a good board want to make choices that will benefit the entire community, not just a few owners or influential board members. When an HOA board gets it wrong, it can take time and hard work to build back trust and community commitment.

Here are a few examples of mistakes that community association boards can make, and some tips on how to avoid them in your board.

1. Inaction on important issues

Whether it’s refusing to take action against a board member who committed a wrong, or ignoring a troubling budget issue on the horizon, it’s never a good idea for a board to put off taking action. Serious issues won’t just resolve themselves, and odds are that the board will find itself dealing with the same issue in the future. It might also snowball into a worse problem.

Not only does inaction risk a larger problem down the road, it sets a bad precedent for community members and future board members. To avoid this mistake:

  • Recognize issues that are serious or might become serious.
  • Don’t be afraid to take action against any owner or board member if it’s really necessary, no matter how important or vocal they are.
  • If the board can’t come to an agreement about a difficult decision, don’t just abandon it. Call in outside experts and stick with it until something is done.

2. Making policy exceptions for just one or two owners

if your board makes a hasty decision that benefits just one or two community members, it could come back to hurt the entire association in the future. Not only can those decisions be called into question by new boards in the future, they may often be made without proper documentation, budget changes, or policy changes.

While you might genuinely want to help a community member who’s in a tough spot, you need to take a step back and look at what is best for the association as a whole. In the example cited above, waiving fees for members who were hit by a natural disaster caused a budget shortfall for the HOA, and created a tangle of legal and policy issues for a new board. To avoid this mistake:

  • Consider any individual’s request in the context of the association as a whole.
  • Look at existing policies for ways to help them that don’t require special treatment.
  • If you do decide to change policies or make an exception, definitely be sure to document everything in meeting minutes and memos so that future boards are less likely to retaliate.

3. Being “penny wise and pound foolish”

Many community association board mistakes revolve around budgeting, a challenging issue for any board. It can be very tempting to defer maintenance, make inexpensive choices when having work done, or make other decisions intended to reduce expenses. But putting off maintenance now can lead to larger, more costly issues down the line. Doing “band-aid” repairs or maintenance rather than investing in upgrades can also end up costing more over time.

To make good financial choices while staying within the association’s budget:

  • Look at the long-term impact of any maintenance issue that you want to delay – what will it cost if the system breaks in a few months?
  • If you’re considering a “band-aid” type of repair, price out the cost of several such repairs compared to the cost of doing a full repair or replacement.
  • Consider increasing assessments or implementing a special assessment to make necessary repairs and perform maintenance.

To avoid these and other community association board mistakes, consider using a property management company who can improve board decision-making and communication

 

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“Tree Root Damage, Who is Responsible?,” by Becker

“Tree Root Damage, Who is Responsible?,” by Becker

  • Posted: Mar 16, 2021
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“Tree Root Damage, Who is Responsible?,”

by Becker / Joseph E. Adams

 

Q: I live in a gated homeowners’ association.  Roots from a tree planted on the common area has damaged my driveway.  Who is responsible for the repair? (J.K., via e-mail)

A:Probably you.

There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused by tree roots or limbs encroaching past the property line, nuisance and negligence.

In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other jurisdictions, “the undoubted right of the land owner himself to cut off intruding roots or branches at the property line,” precludes a negligence claim.

As for nuisance, the majority rule in this country, which is followed in Florida, is that the owner of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land because the neighboring owner has the right to trim back roots and branches to the property line.

However, your association does have a duty to maintain common areas, and it could be argued that if this duty is not met, you could make a claim. However, this argument has not been tested in the courts and is contrary to fairly well-established precedent outside of the association setting.

 

Q: My homeowners’ association requires that children must be at least 16 years old to use any of the community’s amenities without an adult. I questioned this restriction and our community manager stated that the age requirement is not in the bylaws or covenants, but in the “new homeowner packet.” I never received a new homeowner packet. Can the association make this kind of a rule? My son is 15 and uses the pool and the gym regularly to exercise and I don’t think I need to be there with him when he does this. (P.S., via e-mail)

A: Restrictions aimed at families with children present difficult issues for associations. The federal fair housing law prohibits discrimination regarding the use of privileges, services or facilities associated with a dwelling because “familial status.” On the other hand, the courts have recognized that rules based on legitimate safety concerns are valid. No one would argue that an association should let a two-year-old toddler wander around a swimming pool area, unattended by an adult.

In a 2003 decision coming from a federal trial court in California, the court held that blanket rules requiring adult supervision for children under 18 years old using recreational facilities in a community were discriminatory. The court also found that the prohibitions based on children of less than a designated age was not the least restrictive means by which the community could protect the health and safety of children and residents, safety would be better served with a proficiency requirement.

There are other cases that have upheld restrictions and the law remains unsettled with no bright line as to what a reasonable age cut-off is or whether there are other means of ensuring safety in the community. You should ask your association to review your concerns with the association’s legal counsel and review whether the association should reconsider its policy.

I would also point out that as of July 1, 2018, Section 720.306(1)(e) of the Florida Homeowners’ Association Act requires that amendments made to HOA rules be “recorded in the public records of the county in which the community is located.” If the rule was adopted after that date, it should be recorded.

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Comprehensive Lake & Pond Assessments Understand Your Waterbody Inside and Out

Comprehensive Lake & Pond Assessments Understand Your Waterbody Inside and Out

  • Posted: Mar 04, 2021
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Understand Your Waterbody Inside and Out

by SOLitude Lake Management

 

Lake and pond management is a complex field that presents never-ending puzzles and surprising challenges. Like a fingerprint, no two bodies of water are exactly the same—and they are always in a state of continuous change based on how the water is used, the surroundings, and even the weather. When diagnosing and designing a solution for a problem like bad odors or nuisance algae growth, professionals take all of this information into account, but it doesn’t provide a complete picture of what’s going on below the surface.

A professional assessment is the first step to achieve a comprehensive view of your waterbody’s health. Think of this as a physical for your waterbody. An array of scientific tests are conducted to check its vitals and establish an initial baseline of health. Over time, the comprehensive scientific data can be used to:

  • Identify root causes of recurring issues
  • Predict and prevent the onset of future water quality problems
  • Make better informed proactive management decisions
  • Achieve more impactful and long-lasting results
  • Reduce your environmental footprint and cut management costs

 

SOLitude offers a variety of waterbody assessment options. Each package includes creation of a customized, comprehensive report for you and your stakeholders. Your freshwater management professional can help you determine which package is most appropriate based on the history of the waterbody, as well as your unique goals and budget:

Premium Waterbody Assessment

Gain invaluable insights into the health and longevity of your freshwater resource. Leverage new algae identification methods and advanced laboratory work to predict and circumvent water quality problems while cutting down on long-term costs.

Enhanced Waterbody Assessment

Dive into the unique characteristics of your lake or pond. This essential data can be used to identify underlying problems and tap in to the specific needs of your waterbody with custom solutions.

Water Wellness Check

Gain a baseline understanding of what’s happening below the surface of your waterbody. This key information will help put you on the right path towards the achievement of your lake or pond goals.

Waterbody Testing Add-ons

Additional water quality tests are available to further customize any of our three assessment packages. Ask your Aquatic Specialist is these tests should be considered for your waterbody.

Additional water quality tests include:
Apparent Color, Chloride, Chlorophyll-a, Conductivity, Particulate Organic Matter, Phosphate, Salinity, Sediment Organic Matter, Total Dissolved Solids, Total Hardness, Total Iron, Total Suspended Solids, True Color and Turbidity.

 

Click to learn more about SOLitude’s Commitment to Management of your Waterbodys, Lakes and Ponds.

One of the nation’s premiere lake maintenance companies, SOLitude Lake Management helps our customers identify their needs and formulate comprehensive plans to achieve practical solutions to their water quality problems. Water features are a particularly important part of any property, adding value and aesthetic beauty. We offer the most technologically advanced lake or pond management products and services available to help all of our customers prevent problems and maintain a natural, healthy, balanced and beautiful ecosystem. For those prospective clients whose lake or pond is already experiencing problems, our pond management experts will restore it to its original beauty and help achieve aquatic sustainability.

SOLitude’s annual management services include:

 

SOLitude Lake Management

SOLitude Lake Management
P: 888.480.5253 | F: 888.358.0088
Alyssa Serignese
3842 Ironbridge Blvd. Unit #2
Fort Myers, FL 33916

 

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DBPR reminds you that hurricane season is just around the corner. free hurricane guide

DBPR reminds you that hurricane season is just around the corner. free hurricane guide

  • Posted: Feb 25, 2021
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DBPR reminds you that hurricane season is just around the corner. We have produced a free hurricane guide

preparedness before a storm hits and offers tips and resources for what to do after a storm has made landfall.

Download here: http://bit.ly/2Jcfwp0

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An Introduction to HB 969: Florida’s Proposed Data Privacy Law by Becker

An Introduction to HB 969: Florida’s Proposed Data Privacy Law by Becker

  • Posted: Feb 18, 2021
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An Introduction to HB 969: Florida’s Proposed Data Privacy Law

Jack S. Kallus | Becker Lawyers
Client Advisory

 

Yesterday, House Bill 969 titled Consumer Data Privacy was introduced as a potential new law to protect the personal data of Florida consumers. Governor Ron DeSantis’ stated goal for the bill is to “safeguard the privacy and security of consumer data.”

The bill is intended to give consumers more control over the personal information that businesses routinely collect and may even sell to third parties. Many of the basic rights under the new bill mirror that of the California Consumer Privacy Act passed in 2018 (CCPA). Like the CCPA, HB 969 attempts to secure new privacy rights for Florida consumers. If you are a Florida resident, you may ask businesses to disclose what personal information they have about you and what they do with that information as well as the right to request a business delete and to not sell your personal information. Consumers will also have the right to be notified, before or at the point businesses collect personal information, about the types of personal information being collected and what the business may do with that information. Generally, businesses will not be able to discriminate against you for exercising your rights under HB 969.

As stated above, the consumer will be provided the right to request that businesses disclose what personal information they have collected, used, shared, or sold about the consumer, and why they collected, used, shared, or sold that information. Businesses must provide a consumer with this information for the twelve-month period preceding the request and must provide the information free of charge.

If passed, HB 969 would require businesses to inform consumers about certain information being collected at the time of collection. Businesses would be required to inform consumers about:(i) categories of personal information collected; (ii) specific pieces of personal information collected; (iii) sources from which the business collected personal information; (iv) purposes for which the business uses the personal information; (v) categories of third parties with whom the business shares the personal information; and (vi) categories of information that the business sells or discloses to third parties.

If the business sells consumers’ personal information, then the information at collection must include a “Do Not Sell or Share My Personal Information” link. The information of consumer rights must also contain a link to the business’s privacy policy, where consumers can get a description of the business’s privacy practices and of their privacy rights.

 

A Florida consumer may also request that businesses stop selling their personal information (“opt-out”). With some exceptions, businesses cannot sell your personal information after they receive an opt-out request unless later provide authorization allowing them to do so again. Businesses must respect the consumer’s decision to opt-out for at least twelve months before requesting that the consumer authorize the sale of the consumer’s personal information. Businesses can offer consumers financial incentives in exchange for collecting, keeping, or selling personal information. However, businesses cannot use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.

After discovering what personal information is collected, used, shared or sold a consumer may request that a business delete the personal information collected and to tell their service providers to do the same. However, there are many exceptions that allow businesses to keep personal information. Businesses must respond to a request to delete within 45 calendar days and can only extend that deadline once by another 30 days (75 days total) if they notify the consumer.

Consumers may be worried about retaliation for exercising rights under HB 969. However, the bill prohibits businesses from denying goods or services, charging a different price, or providing a different level or quality of goods or services just because a consumer exercised rights under the proposed law. Businesses also cannot make the consumer waive these rights, and any such contract provision is unenforceable.

What happens if a business violates HB 969? What rights are given to the consumer? Much like the CCPA, HB 969 only provides a private cause of action against a business if there is a data breach, and even then, only under limited circumstances. A consumer can sue a business if their nonencrypted and nonredacted personal information was stolen in a data breach as a result of the business’s failure to maintain reasonable security procedures and practices to protect it. If this happens, the consumer can sue for the amount of monetary damages actually suffered from the breach or up to $750 per incident. An important aspect of the proposed law is that it does not provide for prevailing party legal fees.

For all other violations of HB 969, only the Department of Legal Affairs (“Department”) can file an action. If the Department has reason to believe that any business is in violation and that proceedings would be in the public interest, the Department may bring an action against such business and may seek a civil penalty of not more than $2,500 for each unintentional violation or $7,500 for each intentional violation. Such fines may be tripled if the violation involves a consumer who is sixteen years of age or younger. A business may be found to be in violation if it fails to cure any alleged violation within 30 days after being notified in writing by the Department of the alleged noncompliance.

The bill also contains other provisions outlining who is protected under the bill, what is considered personal information, data retention and biometric information rules and procedures for businesses to follow. We will publish additional articles exploring these provisions and expand on the information addressed in this article. In addition, we will explore the importance of Florida enacting a well-balanced privacy law which does not act as an anchor for businesses and appropriately protects the rights of Florida consumers.

 

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We all have fond memories of time spent on the water, but bad odors, algae, aquatic weeds, and other imbalances can distract you from the fun and serenity your waterbody provides by SOLitude

We all have fond memories of time spent on the water, but bad odors, algae, aquatic weeds, and other imbalances can distract you from the fun and serenity your waterbody provides by SOLitude

  • Posted: Feb 18, 2021
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We all have fond memories of time spent on the water, but bad odors, algae, aquatic weeds, and other imbalances can distract you from the fun and serenity your waterbody provides

by SOLitude Lake Management

 

Dive Deeper with a Water Quality Assessment

We all have fond memories of time spent on the water, but bad odors, algae, aquatic weeds, and other imbalances can distract you from the fun and serenity your waterbody provides. Professional water quality assessments are a key tool to not only help resolve these issues, but prevent them from reoccurring.

Lake and pond management is a complex field that presents never-ending puzzles and surprising challenges. Like a fingerprint, no two bodies of water are exactly the same—and they are always in a state of continuous change based on how the water is used, the surroundings, and even the weather. When diagnosing and designing a solution for a problem like bad odors or nuisance algae growth, professionals take all of this information into account, but it doesn’t provide a complete picture of what’s going on below the surface.

Comprehensive Lake & Pond Assessments

Understand Your Waterbody Inside and Out

 

A professional assessment is the first step to achieve a comprehensive view of your lake or pond’s health. Think of this like a physical for your waterbody. An array of scientific tests are conducted to check its vitals and establish an initial baseline of health. Over time, the comprehensive scientific data can be used to:

  • Identify root causes of recurring issues
  • Predict and prevent the onset of future water quality problems
  • Make better informed proactive management decisions
  • Achieve more impactful and long-lasting results
  • Reduce your environmental footprint and cut management costs

SOLitude offers a variety of waterbody assessment options. Each package includes the creation of a customized, comprehensive report for you and your stakeholders. Your freshwater management professional can help you determine which package is most appropriate based on the history of the waterbody, as well as your unique goals and budget.

Find out more…

 

 

You’re In Good Hands! Meet Our Industry Leaders

The aquatic management industry is burgeoning with scientists, researchers, and other passionate experts. SOLitude is the proud home to many of these thought leaders who have steered the industry towards innovation, technological advancement, and holistic management strategies through the roles they hold in various environmental organizations and authority groups.

SOLitude Lake Management is the proud home of many industry experts who hold prestigious roles in a variety of environmental organizations, including the North American Lake Management Society (NALMS), the Aquatic Plant Management Society (APMS), and other authority groups. As industry thought leaders, these colleagues go above and beyond to demonstrate SOLitude’s commitment to science, technology, innovation, and holistic lake and pond management strategies. We believe that these tenets create the foundation for memorable experiences around the water and encourage the long lasting functionality of these precious aquatic resources.

Marc Bellaud, President – Aquatic Biologist & Director of Technical Services – MAmarc-bellaud-web-new

Marc Bellaud has more than 25 years of experience in lake, pond and wetland management, and has been actively involved in advancing the science of the freshwater management industry. He currently serves as Director of the Aquatic Plant Management Society (APMS). Previously, he was the President and Director of the Northeast Aquatic Plant Management Society (NEAPMS) and has remained involved with the organization since it was initially founded in 1999. Bellaud also served as a Director of the New York State Aquatic Managers Association (NYSAMA). In addition, he was a contributing author and co-editor for the third edition of the BMP Manual by the Aquatic Ecosystem Research Foundation (AERF).

Glenn Sullivan, Environmental Scientist & Certified Lake Manager – NY

glenn-sullivan-web-newGlenn Sullivan entered the aquatics industry in 1993 and is currently the President of the New York State Aquatic Managers Association (NYSAMA). He is also a former member of the Board of Directors for the Northeast Aquatic Plant Management Society (NEAPMS). Over the course of 20 years, he held many roles including President, Director, Treasurer, and Editor, and continues to serve as a committee co-chair. In 2015, he was named Preferred Applicator of the Year by SePRO Corporation. He is also the recipient of multiple awards recognizing environmental stewardship, best management practices and sustainable leadership.

 

Will Stevenson, Director of Integration – MA

Will_Stevenson_web

William Stevenson is the Treasurer and a member of the Board of Directors and past President of the Northeast Aquatic Plant Management Society (NEAPMS). Before joining SOLitude, He also serves on the Massachusetts Audubon Council and as a Vice President of Timber Owners of New England, an organization dedicated to preserving multi use forested land.

 

Bob Schindler – Aquatic Biologist & Project Manager – PA

Bob_Schindler_web2

Bob Schindler is a two-time president and current Regional Director of the Pennsylvania Lake Management Society (PALMS), through which he coordinates educational opportunities and annual conferences. He also helps PALMS administer a grant program through the Pennsylvania Department of Environmental Protection’s Growing Greener program. Schindler has served on the PALMS.

 

Shannon Junior, Aquatic Ecologist – VAshannon-junior-web-new

Shannon Junior is the Editor for Women of Aquatics (WOA), an organization founded to promote and support women in the lake and pond management industry through professional advancement, continuing education opportunities and peer mentorship programs. She also serves on the Virginia Leadership Retreat Committee. Junior has worked in the lake and pond management industry since 2000. In 2013, she received the SePRO Applicator of the Year Award, which recognizes an individual who shows leadership in advancing the science of aquatic plant management.

Emily Mayer, Aquatic Biologist & Project Manager – NJEmily_Mayer_web-1

Emily Mayer is a 10-year veteran in the lake management industry and serves on the board of directors for the Northeast Aquatic Plant Management Society (NEAPMS). She is the editor of the organization’s newsletter and assists with the organization of the NEAPMS annual conference. Previously, she served as a student director, a role through which she encouraged student involvement and helped increase awareness of the organization across social media. In addition to her longstanding involvement with NEAPMS, Emily is currently a member of the New Jersey Invasive Species Strike Team (NJISST), the North American Lake Management Society (NALMS), and Lower Hudson PRISM – a group which seeks to protect the rich biodiversity and ecosystems in the Mid-Atlantic.

Kim Niesel, Senior Business Development Consultant – VA

Kim_Niesel_web_12.15Kim Niesel holds her CMCA (certified manager of community associations) designation, as administered by the Community Association Managers International Certification Board and is involved in several industry-related organizations, including the Southeastern Virginia and Central Virginia chapters of Community Associations Institute (CAI). She has served as a board member and president for both of these associations. Kim is also one of the founders of the Virginia Leadership Retreat and has been recognized several times for her volunteer involvement. She currently serves on the Board for the Virginia Leadership Retreat and is the Chairperson for the Communications Committee of the Southeastern VA CAI.

 

 

 

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COVID-19 Best Practices for Community Associations with US Congressman TED Deutch Presented by KWPM & Kaye Bender & Rembaum

COVID-19 Best Practices for Community Associations with US Congressman TED Deutch Presented by KWPM & Kaye Bender & Rembaum

  • Posted: Feb 16, 2021
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COVID-19 Best Practices for Community Associations with US Congressman TED Deutch

Feb 17, 2021 03:00 PM

Presented by KWPM & Kaye Bender & Rembaum

KWPM Executive Director Tim O’Keefe host this live, monthly webinar offering a dynamic landscape that addresses best practices for HOAs and Condo Associations, provides updates and features guests who offer insight into the industry.

This week’s panel of experts:
*US Congressman Ted Deutch, FL-22
*Attorney Jeffrey Rembaum, Partner with Kaye, Bender, & Rembaum
*Attorney Michael Bender, Partner with Kaye, Bender, & Rembaum

Register Today

Feb 17, 2021 03:00 PM
Mar 17, 2021 03:00 PM
Apr 21, 2021 03:00 PM
May 19, 2021 03:00 PM
Jun 16, 2021 03:00 PM
Jul 21, 2021 03:00 PM
Aug 18, 2021 03:00 PM

Time shows 

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Learn how to manage the unrelenting tidal wave of parcel deliveries

Learn how to manage the unrelenting tidal wave of parcel deliveries

  • Posted: Feb 08, 2021
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Watch our webinar on the challenges faced by many residential communities during COVID-19.

Learn how to manage the unrelenting tidal wave of parcel deliveries.

https://hubs.ly/H0FvlYr0

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A group of Tampa Bay lawmakers have filed a series of bills to support tenants facing eviction during the COVID-19 pandemic.

A group of Tampa Bay lawmakers have filed a series of bills to support tenants facing eviction during the COVID-19 pandemic.

  • Posted: Feb 01, 2021
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A group of Tampa Bay lawmakers have filed a series of bills to support tenants facing eviction during the COVID-19 pandemic. 

A group of Tampa Bay lawmakers have filed a series of bills to support tenants facing eviction during the COVID-19 pandemic. 

Sen. Darryl Rouson filed SB 412 and SB 926 in an effort to address eviction records and housing insecurity. 

The Residential Tenancies bill, SB 412, would help address housing insecurity by referring matters of eviction to mediation in circuit courts with established mediation programs. It would also remove the requirement for the tenant to deposit money owed during eviction proceedings into the court registry.

“Our state should be utilizing mediation to discuss options for tenants and landlords prior to the eviction proceeding,” Rouson said at a press conference Monday. 

Rep. Fentrice Driskell filed the Senate’s companion bill HB 481. 


The related bill, Eviction Records (SB 926), would allow for defendants to move to seal their eviction record if the court finds they were adversely affected by COVID-19. The bill would apply to eviction complaints filed after March 1, 2020. “What we’re really trying to do here, to put it very plainly, is to help level the playing field and make sure that we can slow it down a bit so that we can hear the facts,” Driskell said.

The goal: to prevent future landlords from refusing to rent to tenants adversely impacted by COVID-19. 

“Nothing is more sacred than adequate shelter, safe and secure housing, particularly during a health crisis,” Rouson said. “We allow records to be expunged and sealed for criminal offenses. Why not for the unfortunate situation of an eviction so that people can truly get a clean, start.” 

Rep. Dianne Hart filed the companion bill for eviction records, HB 657. 


During Monday’s press conference, Rouson emphasized that nearly 180 families a day are being evicted from their homes in Florida. “Even with a moratorium in place many people were not spared from the process of losing their homes,” Hart said. “Even though these circumstances were not within anyone’s control, once you have an eviction on your record, it is exceedingly difficult to find another landlord willing to give you an opportunity to rent.”

“This is not a partisan issue. The landlord does not ask your party affiliation when he begins an eviction process,” Rouson said. “No one likes going through an eviction process, why not have mediation, to discuss options between landlords and tenants when people are unable to pay and afford the rent.”

Eviction-related bills spurred by the economic impact of the COVID-19 pandemic have been coming in hot to the Florida legislature. 

In early January, Sen. Shevrin Jones filed a bill, SB 576, which would prohibit landlords from refusing to enter into a rental agreement with a prospective tenant solely based on an eviction that occurred during the pandemic.

Back in December, the passage of the $900 billion federal relief package allocated about $1.4 billion in rental relief assistance to Florida.

But, without protection from the state, which let its eviction moratorium expire in September, more tenants may face evictions come March 31 — a deadline extended by the CDC.

A National Low Income Housing Coalition report found that Florida has the second highest eviction risk rate across the country. The report found that 15.6% of Florida renters were at risk of eviction in the two months following December, compared to a national risk of eviction rate of 8.4%.

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