[RPPTL LandTen] Looking for feed-back from the Committee on SB 392. Please have response back to me by close of business Thursday Feb 14, 2019. Happy Valentines' day. Thanks. Arlene
SB 392 – landlord must disclose known or suspected sinkhole activity to a proposed residential tenant. This proposal is an amendment to Chapter 83.50 FS.
Florida Senate - 2019 SB 392
By Senator Farmer
34-00704-19 2019392__
1 A bill to be entitled
2 An act relating to disclosure of sinkhole activity;
3 amending s. 83.50, F.S.; requiring certain persons to
4 make certain disclosures related to sinkholes or
5 sinkhole activity to tenants of residential dwelling
6 units; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 83.50, Florida Statutes, is amended to
11 read:
12 83.50 Required notices and disclosures Disclosure of
13 landlord’s address.—In addition to any other disclosure required
14 by law, the landlord, or a person authorized to enter into a
15 rental agreement on the landlord’s behalf, must shall disclose
16 all of the following in writing to the tenant, at or before the
17 commencement of the tenancy:,
18 (1) The name and address of the landlord or a person
19 authorized to receive notices and demands on in the landlord’s
20 behalf. The person so authorized to receive notices and demands
21 retains authority until the tenant is notified otherwise. All
22 notices of such names and addresses or changes thereto must
23 shall be delivered to the tenant’s residence or, if specified in
24 writing by the tenant, to any other address.
25 (2)(a) Any suspected, known, or reported sinkhole or
26 sinkhole activity, as those terms are defined in s. 627.706,
27 affecting the premises.
28 (b) Any report regarding such sinkhole or sinkhole activity
29 affecting the premises, including any report prepared pursuant
30 to ss. 627.7072 and 627.7073.
31 (c) The information as described in s. 627.7073(2)(c)
32 regarding the premises.
33 Section 2. This act shall take effect July 1, 2019.
[cid:image001.png@01D4C39D.11152FF0]
Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176
This office is closed on Fridays.
What happens if the disclosure is not made? I believe the legislation need remedial provision for failure to disclose. I dodo not nessarily believe this legislation is needed.
Thank You,
Roland “Chip” Waller
Esquire
Direct: 727-836-8515
Office: 727-847-2288
Fax: 727-848-4183
E-service: pleadings@rdwaller.commailto:pleadings@rdwaller.com
Hearings: hearings@rdwaller.commailto:hearings@rdwaller.com
Roland.Waller@rdwaller.commailto:Roland.Waller@rdwaller.com
[cid:image001.png@01D341B2.1935D9A0]
Leave us a reviewhttps://search.google.com/local/writereview?placeid=ChIJFSKLui2QwogR_-nzH5X23hc
Florida Bar Board Certified Real Estate Attorney
Fellow, American College of Real Estate Lawyers
[cid:image002.jpg@01D22F9F.E02E1E30] [cid:image003.png@01D22F9F.E02E1E30] [cid:image006.jpg@01D22FA0.06763A50]
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Arlene Udick
Sent: Wednesday, February 13, 2019 1:25 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Cc: S. Katherine Frazier katherine.frazier@hwhlaw.com
Subject: [RPPTL LandTen] Looking for feed-back from the Committee on SB 392. Please have response back to me by close of business Thursday Feb 14, 2019. Happy Valentines' day. Thanks. Arlene
SB 392 – landlord must disclose known or suspected sinkhole activity to a proposed residential tenant. This proposal is an amendment to Chapter 83.50 FS.
Florida Senate - 2019 SB 392
By Senator Farmer
34-00704-19 2019392__
1 A bill to be entitled
2 An act relating to disclosure of sinkhole activity;
3 amending s. 83.50, F.S.; requiring certain persons to
4 make certain disclosures related to sinkholes or
5 sinkhole activity to tenants of residential dwelling
6 units; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 83.50, Florida Statutes, is amended to
11 read:
12 83.50 Required notices and disclosures Disclosure of
13 landlord’s address.—In addition to any other disclosure required
14 by law, the landlord, or a person authorized to enter into a
15 rental agreement on the landlord’s behalf, must shall disclose
16 all of the following in writing to the tenant, at or before the
17 commencement of the tenancy:,
18 (1) The name and address of the landlord or a person
19 authorized to receive notices and demands on in the landlord’s
20 behalf. The person so authorized to receive notices and demands
21 retains authority until the tenant is notified otherwise. All
22 notices of such names and addresses or changes thereto must
23 shall be delivered to the tenant’s residence or, if specified in
24 writing by the tenant, to any other address.
25 (2)(a) Any suspected, known, or reported sinkhole or
26 sinkhole activity, as those terms are defined in s. 627.706,
27 affecting the premises.
28 (b) Any report regarding such sinkhole or sinkhole activity
29 affecting the premises, including any report prepared pursuant
30 to ss. 627.7072 and 627.7073.
31 (c) The information as described in s. 627.7073(2)(c)
32 regarding the premises.
33 Section 2. This act shall take effect July 1, 2019.
[cid:image001.png@01D4C39D.11152FF0]
Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176
This office is closed on Fridays.
I agree, there needs to be teeth in the statute. I'd also suggest adding
mold or mold remediation completed within the last 12 months before the
lease is signed, as a mandatory disclosure.
On Wed, Feb 13, 2019 at 3:54 PM Roland Waller roland.waller@rdwaller.com
wrote:
What happens if the disclosure is not made? I believe the legislation need
remedial provision for failure to disclose. I dodo not nessarily believe
this legislation is needed.
Thank You,
Roland “Chip” Waller
Esquire
Direct: 727-836-8515
Office: 727-847-2288
Fax: 727-848-4183
E-service: pleadings@rdwaller.com
Hearings: hearings@rdwaller.com
Roland.Waller@rdwaller.com Roland.Waller@rdwaller.com
[image: cid:image001.png@01D341B2.1935D9A0]
Leave us a review
https://search.google.com/local/writereview?placeid=ChIJFSKLui2QwogR_-nzH5X23hc
Florida Bar Board Certified Real Estate Attorney
Fellow, American College of Real Estate Lawyers
[image: cid:image002.jpg@01D22F9F.E02E1E30] [image:
cid:image003.png@01D22F9F.E02E1E30][image:
cid:image006.jpg@01D22FA0.06763A50]
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *Arlene Udick
Sent: Wednesday, February 13, 2019 1:25 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Cc: S. Katherine Frazier katherine.frazier@hwhlaw.com
Subject: [RPPTL LandTen] Looking for feed-back from the Committee on SB
392. Please have response back to me by close of business Thursday Feb 14,
2019. Happy Valentines' day. Thanks. Arlene
SB 392 – landlord must disclose known or suspected sinkhole activity to a
proposed residential tenant. This proposal is an amendment to Chapter
83.50 FS.
Florida Senate - 2019 SB 392
*By *Senator Farmer
34-00704-19 2019392__
1 A bill to be entitled
2 An act relating to disclosure of sinkhole activity;
3 amending s. 83.50, F.S.; requiring certain persons to
4 make certain disclosures related to sinkholes or
5 sinkhole activity to tenants of residential dwelling
6 units; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 83.50, Florida Statutes, is amended to
11 read:
12 83.50 *Required notices and disclosures* Disclosure of
13 landlord’s address.—In addition to any other disclosure required
14 by law, the landlord, or a person authorized to enter into a
15 rental agreement on the landlord’s behalf, *must* shall disclose
16 *all of the following* in writing to the tenant, at or before the
17 commencement of the tenancy*:*,
18 *(1)* The name and address of the landlord or a person
19 authorized to receive notices and demands *on* in the landlord’s
20 behalf. The person so authorized to receive notices and demands
21 retains authority until the tenant is notified otherwise. All
22 notices of such names and addresses or changes thereto *must*
23 shall be delivered to the tenant’s residence or, if specified in
24 writing by the tenant, to any other address.
25 *(2)(a) Any suspected, known, or reported sinkhole or*
26 *sinkhole activity, as those terms are defined in s. 627.706,*
27 *affecting the premises.*
28 *(b) Any report regarding such sinkhole or sinkhole
activity*
29 *affecting the premises, including any report prepared pursuant*
30 *to ss. 627.7072 and 627.7073.*
31 *(c) The information as described in s. 627.7073(2)(c)*
32 *regarding the premises.*
33 Section 2. This act shall take effect July 1, 2019.
[image: cid:image001.png@01D4C39D.11152FF0]
Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176
This office is closed on Fridays.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
--
Todd B. Allen, Esq. | Attorney
[Office] 239.593.7900
[Fax] 239.593.7909
www.naples.law http://www.lindsayallenlaw.com/
13180 Livingston Road, Ste. 206
Naples, FL 34109
http://www.lindsayallenlaw.com/
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I would like to see the word "suspected" removed.
Thank you,
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Joseph N. Alexander
Attorney
W: https://lieserskaff.comhttps://lieserskaff.com/
P: 813-280-1256tel:8132801256
F: 813-251-8715
A: 403 N.Howard Avenue Tampa, FL 33606
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org on behalf of Arlene Udick arlene@udicklaw.com
Sent: Wednesday, February 13, 2019 1:25 PM
To: RPPTL Landlord Tenant Committee
Cc: S. Katherine Frazier
Subject: [RPPTL LandTen] Looking for feed-back from the Committee on SB 392. Please have response back to me by close of business Thursday Feb 14, 2019. Happy Valentines' day. Thanks. Arlene
SB 392 – landlord must disclose known or suspected sinkhole activity to a proposed residential tenant. This proposal is an amendment to Chapter 83.50 FS.
Florida Senate - 2019 SB 392
By Senator Farmer
34-00704-19 2019392__
1 A bill to be entitled
2 An act relating to disclosure of sinkhole activity;
3 amending s. 83.50, F.S.; requiring certain persons to
4 make certain disclosures related to sinkholes or
5 sinkhole activity to tenants of residential dwelling
6 units; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 83.50, Florida Statutes, is amended to
11 read:
12 83.50 Required notices and disclosures Disclosure of
13 landlord’s address.—In addition to any other disclosure required
14 by law, the landlord, or a person authorized to enter into a
15 rental agreement on the landlord’s behalf, must shall disclose
16 all of the following in writing to the tenant, at or before the
17 commencement of the tenancy:,
18 (1) The name and address of the landlord or a person
19 authorized to receive notices and demands on in the landlord’s
20 behalf. The person so authorized to receive notices and demands
21 retains authority until the tenant is notified otherwise. All
22 notices of such names and addresses or changes thereto must
23 shall be delivered to the tenant’s residence or, if specified in
24 writing by the tenant, to any other address.
25 (2)(a) Any suspected, known, or reported sinkhole or
26 sinkhole activity, as those terms are defined in s. 627.706,
27 affecting the premises.
28 (b) Any report regarding such sinkhole or sinkhole activity
29 affecting the premises, including any report prepared pursuant
30 to ss. 627.7072 and 627.7073.
31 (c) The information as described in s. 627.7073(2)(c)
32 regarding the premises.
33 Section 2. This act shall take effect July 1, 2019.
[cid:image001.png@01D4C39D.11152FF0]
Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176
This office is closed on Fridays.
Is there some needed that is currently unaddressed?
Also, "suspected", really? Suspected by whom? If someone who has a suspicion (whatever that is) communicates it to the seller, but the seller knows that the person is or has the opinion that the person is extremely unreliable, would then trigger the statute? What about proximity?
Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd., Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax: 954-962-3560
Email: JMazor@Mazor.com mailto:JMazor@Mazor.com
From: landten-bounces@lists.f him him him suspected by whom? Labarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Roland Waller
Sent: Wednesday, February 13, 2019 3:49 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Looking for feed-back from the Committee on SB 392. Please have response back to me by close of business Thursday Feb 14, 2019. Happy Valentines' day. Thanks. Arlene
What happens if the disclosure is not made? I believe the legislation need remedial provision for failure to disclose. I dodo not nessarily believe this legislation is needed.
Thank You,
Roland “Chip” Waller
Esquire
Direct: 727-836-8515
Office: 727-847-2288
Fax: 727-848-4183
E-service: pleadings@rdwaller.com mailto:pleadings@rdwaller.com
Hearings: hearings@rdwaller.com mailto:hearings@rdwaller.com
mailto:Roland.Waller@rdwaller.com Roland.Waller@rdwaller.com
Leave us a review https://search.google.com/local/writereview?placeid=ChIJFSKLui2QwogR_-nzH5X23hc
Florida Bar Board Certified Real Estate Attorney
Fellow, American College of Real Estate Lawyers
From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of Arlene Udick
Sent: Wednesday, February 13, 2019 1:25 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org >
Cc: S. Katherine Frazier <katherine.frazier@hwhlaw.com mailto:katherine.frazier@hwhlaw.com >
Subject: [RPPTL LandTen] Looking for feed-back from the Committee on SB 392. Please have response back to me by close of business Thursday Feb 14, 2019. Happy Valentines' day. Thanks. Arlene
SB 392 – landlord must disclose known or suspected sinkhole activity to a proposed residential tenant. This proposal is an amendment to Chapter 83.50 FS.
Florida Senate - 2019 SB 392
By Senator Farmer
34-00704-19 2019392__
1 A bill to be entitled
2 An act relating to disclosure of sinkhole activity;
3 amending s. 83.50, F.S.; requiring certain persons to
4 make certain disclosures related to sinkholes or
5 sinkhole activity to tenants of residential dwelling
6 units; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 83.50, Florida Statutes, is amended to
11 read:
12 83.50 Required notices and disclosures Disclosure of
13 landlord’s address.—In addition to any other disclosure required
14 by law, the landlord, or a person authorized to enter into a
15 rental agreement on the landlord’s behalf, must shall disclose
16 all of the following in writing to the tenant, at or before the
17 commencement of the tenancy:,
18 (1) The name and address of the landlord or a person
19 authorized to receive notices and demands on in the landlord’s
20 behalf. The person so authorized to receive notices and demands
21 retains authority until the tenant is notified otherwise. All
22 notices of such names and addresses or changes thereto must
23 shall be delivered to the tenant’s residence or, if specified in
24 writing by the tenant, to any other address.
25 (2)(a) Any suspected, known, or reported sinkhole or
26 sinkhole activity, as those terms are defined in s. 627.706,
27 affecting the premises.
28 (b) Any report regarding such sinkhole or sinkhole activity
29 affecting the premises, including any report prepared pursuant
30 to ss. 627.7072 and 627.7073.
31 (c) The information as described in s. 627.7073(2)(c)
32 regarding the premises.
33 Section 2. This act shall take effect July 1, 2019.
Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176
This office is closed on Fridays.
My first thought is, what is the purpose of this amendment—what public policy is being advanced? If the purpose of this amendment is to forewarn the prospective tenant about sinkholes, then requiring LL to notify the “tenant at...the commencement of the tenancy” seems ineffective to serve that purpose.
Anthony J. Horky, Esq.
Anthony J. Horky, P.A.
Ph.: (561) 989-3206
Sent from my iPhone
On Feb 13, 2019, at 4:38 PM, Todd Allen <todd@naples.lawmailto:todd@naples.law> wrote:
I agree, there needs to be teeth in the statute. I'd also suggest adding mold or mold remediation completed within the last 12 months before the lease is signed, as a mandatory disclosure.
On Wed, Feb 13, 2019 at 3:54 PM Roland Waller <roland.waller@rdwaller.commailto:roland.waller@rdwaller.com> wrote:
What happens if the disclosure is not made? I believe the legislation need remedial provision for failure to disclose. I dodo not nessarily believe this legislation is needed.
Thank You,
Roland “Chip” Waller
Esquire
Direct: 727-836-8515
Office: 727-847-2288
Fax: 727-848-4183
E-service: pleadings@rdwaller.commailto:pleadings@rdwaller.com
Hearings: hearings@rdwaller.commailto:hearings@rdwaller.com
Roland.Waller@rdwaller.commailto:Roland.Waller@rdwaller.com
<image002.png>
Leave us a reviewhttps://search.google.com/local/writereview?placeid=ChIJFSKLui2QwogR_-nzH5X23hc
Florida Bar Board Certified Real Estate Attorney
Fellow, American College of Real Estate Lawyers
<image003.jpg> <image004.png><image005.jpg>
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Arlene Udick
Sent: Wednesday, February 13, 2019 1:25 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Cc: S. Katherine Frazier <katherine.frazier@hwhlaw.commailto:katherine.frazier@hwhlaw.com>
Subject: [RPPTL LandTen] Looking for feed-back from the Committee on SB 392. Please have response back to me by close of business Thursday Feb 14, 2019. Happy Valentines' day. Thanks. Arlene
SB 392 – landlord must disclose known or suspected sinkhole activity to a proposed residential tenant. This proposal is an amendment to Chapter 83.50 FS.
Florida Senate - 2019 SB 392
By Senator Farmer
34-00704-19 2019392__
1 A bill to be entitled
2 An act relating to disclosure of sinkhole activity;
3 amending s. 83.50, F.S.; requiring certain persons to
4 make certain disclosures related to sinkholes or
5 sinkhole activity to tenants of residential dwelling
6 units; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 83.50, Florida Statutes, is amended to
11 read:
12 83.50 Required notices and disclosures Disclosure of
13 landlord’s address.—In addition to any other disclosure required
14 by law, the landlord, or a person authorized to enter into a
15 rental agreement on the landlord’s behalf, must shall disclose
16 all of the following in writing to the tenant, at or before the
17 commencement of the tenancy:,
18 (1) The name and address of the landlord or a person
19 authorized to receive notices and demands on in the landlord’s
20 behalf. The person so authorized to receive notices and demands
21 retains authority until the tenant is notified otherwise. All
22 notices of such names and addresses or changes thereto must
23 shall be delivered to the tenant’s residence or, if specified in
24 writing by the tenant, to any other address.
25 (2)(a) Any suspected, known, or reported sinkhole or
26 sinkhole activity, as those terms are defined in s. 627.706,
27 affecting the premises.
28 (b) Any report regarding such sinkhole or sinkhole activity
29 affecting the premises, including any report prepared pursuant
30 to ss. 627.7072 and 627.7073.
31 (c) The information as described in s. 627.7073(2)(c)
32 regarding the premises.
33 Section 2. This act shall take effect July 1, 2019.
<image006.png>
Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176
This office is closed on Fridays.
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
--
Todd B. Allen, Esq. | Attorney
[Office] 239.593.7900
[Fax] 239.593.7909
www.naples.lawhttp://www.lindsayallenlaw.com/
13180 Livingston Road, Ste. 206
Naples, FL 34109
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[cid:]
CONFIDENTIALITY NOTICE: This message contains information from Lindsay & Allen, PLLC that may be privileged and/or confidential. If you are not the addressee, please be advised that any disclosure, copying, distribution or other use of the contents of this message is prohibited. If you are the intended recipient and a client of the law firm, please preserve your attorney-client privilege by NOT showing this message to others and keeping its contents confidential.
UNIFORM ELECTRONIC TRANSACTIONS ACT NOTICE: If this communication concerns negotiation of a contract or agreement, unless otherwise expressly stated in writing, the Uniform Electronic Transactions Act does not apply to this communication. Contract formation in this matter occurs subject to our clients’ final review and manually affixing of original signatures on original documents.
EVIDENTIARY PRIVILEGE: To the extent that this message is a communication to settle a claim, all evidentiary limitations on its use are hereby expressly made applicable to its contents.
FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT NOTICE: To the extent that this message is an effort to collect a consumer debt, you are hereby notified that this is a communication from a debt collector and that all information provided in response to this message may be used for debt collection purposes.
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