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[RPPTL LandTen] Help! Section 83.232 & Wonderland ; Need Leg Intent & Volunteers to fix this thing!

JM
Jeffrey Mazor
Sun, Jan 26, 2014 7:52 PM

Imagine a one-count action for possession of non-residential premise.  The
trial judge requires deposits to the Registry under FS 83.232 (i.e., "Rent
Pendent Lite"), and  orders disbursements  to the cash-strapped Landlord.
He then grants partial summary to the Tenant on weird grounds and actually
orders the Registry to disburse the previously-deposited Rent Pendent Lite
to tenant's counsel (!) seemingly to be held in  his trust account.

On appeal, the DCA harshly rebuked both Tenant's counsel and the trial
judge and reversed the judgment. Thereafter the trial judge granted
judgment for possession to  the landlord, but, incredibly, rules that the
Tenant's attorney can keep the Rent Pendent Lite (!!), in part because
83.232 seems to leave disbursement (even where Landlord wins possession) up
to the imagination.

  1. Please, again, does anyone have anything that will show the legislative
    intent regarding thee disposition of the Rent Pendent Lite, back in 1993.
    I've pulled the records from the state archive to no avail?

  2. There is a note that the RPPTL section had input on the bill, but I
    haven't found it yet. 'Anybody remember this or know how I can get a copy
    of the memo's or letters or whatever?

  3. Would the committee be interested in working on a clarifying amendment
    to the statute???

Please advise.

Jeffrey R. Mazor, Esq.

Imagine a one-count action for possession of non-residential premise. The trial judge requires deposits to the Registry under FS 83.232 (i.e., "Rent Pendent Lite"), and orders disbursements to the cash-strapped Landlord. He then grants partial summary to the Tenant on weird grounds and actually orders the Registry to disburse the previously-deposited Rent Pendent Lite to tenant's counsel (!) seemingly to be held in his trust account. On appeal, the DCA harshly rebuked both Tenant's counsel and the trial judge and reversed the judgment. Thereafter the trial judge granted judgment for possession to the landlord, but, incredibly, rules that the Tenant's attorney can keep the Rent Pendent Lite (!!), in part because 83.232 seems to leave disbursement (even where Landlord wins possession) up to the imagination. 1. Please, again, does anyone have anything that will show the legislative intent regarding thee disposition of the Rent Pendent Lite, back in 1993. I've pulled the records from the state archive to no avail? 2. There is a note that the RPPTL section had input on the bill, but I haven't found it yet. 'Anybody remember this or know how I can get a copy of the memo's or letters or whatever? 3. Would the committee be interested in working on a clarifying amendment to the statute??? Please advise. Jeffrey R. Mazor, Esq.