HB 59 - As I read it, I understand that this bill will give process servers
access to gated communities and buildings that currently deny access to
process servers.  It may need to be reworded but otherwise I think its
great.  I have had issues serving residential evictions in buildings that
require security grant access to the building and process servers are
specifically not given access.  As far as the "unannounced" if they know the
server is coming they are not going to be there.  i.e. if security calls the
tenant and says I'm sending a process server up, you are not going to get
personal service, if any.

HB 291 - Should probably have a sunset provision.  For the time being it is
great, as due to the foreclosure crisis the sheriff, at least in Dade
County, has a 2 or 3 week backlog on serving 24 hour notices.  My concern
are the Process Servers that have a side business "processing" residential
evictions, not to say they are practicing law without a license, and
allowing someone with questionable practices to provide a tenant with their
last chance notice to move before the sheriff returns to put them on the
street.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, January 26, 2011 9:24 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: [RPPTL LandTen] Legislative Changes

Our Committee has been asked to give input on the following proposed bills.
If you have any comments on thee proposed changes as they relate to
Landlord/Tenant practice, please email Scott Frank, our Co-Chair and
legislative coordinator as soon as possible as we have only two days in
which to respond to the RPPTL Section on these.

House Bills 0059 (same as SB 328) - Giving process servers "unannounced"
access to residential common areas and gated communities to effect service.

HB 0291 (same SB 0426) - Amends 83.62.  Allowing process servers to post a
writ of possession in addition to the sheriff in residential cases.

SB 176 - Relating in parts to affordable housing matters.

Please send any comments to Scott at your earliest convenience.

Neil Shoter

Chair

Image removed by sender.

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
mailto:NShoter@shutts.com E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card |  http://www.shutts.com/
Website

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
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written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
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email reply. Thank you.

I do not agree with either proposal.

HB 328 is overbroad, an invasion of privacy and needs to be more
specific. I agree with the previous emails regarding the vague language
in the bill.  What exactly is the driving force behind this proposed
expansion of authority to process servers? In the past, process servers
had to work a little to get service-e.g., stakeouts, surveillance, etc.

HB0291 appears like it is going to cause logistical problems.  The
unintended result of a procedure that inserts additional steps and
involves coordination between multiple parties is delay.  I can
appreciate the purpose behind the bill, but now getting a server
involved at one stage, the sheriff at another seems problematic to me.
Perhaps the sheriff's fee should be increased to make it financially
viable for the sheriff.  Then again, why should the public pay more to
have the sheriff do its job?  I read below the problems in more rural
areas of the state and hope an answer can be found.

Regards,

Anthony J. Horky, Esq.

Mombach, Boyle & Hardin, P.A.

500 East Broward Boulevard

Suite 1950 Broward Financial Centre

Ft. Lauderdale, Florida 33394

Telephone: 954.467.2200 ext. 225

Facsimile:  954.467.2210

E-Mail: ahorky@mbhlawyer.com

Website: www.mbhlawyer.com

CONFIDENTIALITY NOTICE:  Unless otherwise stated, the information in
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Wednesday, January 26, 2011 9:24 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: [RPPTL LandTen] Legislative Changes

Our Committee has been asked to give input on the following proposed
bills.  If you have any comments on thee proposed changes as they relate
to Landlord/Tenant practice, please email Scott Frank, our Co-Chair and
legislative coordinator as soon as possible as we have only two days in
which to respond to the RPPTL Section on these.

House Bills 0059 (same as SB 328) - Giving process servers "unannounced"
access to residential common areas and gated communities to effect
service.

HB 0291 (same SB 0426) - Amends 83.62.  Allowing process servers to
post a writ of possession in addition to the sheriff in residential
cases.

SB 176 - Relating in parts to affordable housing matters.

Please send any comments to Scott at your earliest convenience.

Neil Shoter

Chair

http://www.shutts.com/shutts100.jpg

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail mailto:NShoter@shutts.com  | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/>  | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/>  | Website
http://www.shutts.com/

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
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the intended recipient, you are hereby notified that any
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any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

As far as HB 291, I do not support this bill for the reasons Alberto mentions. The final stage in removing someone from their home really should be handled by a deputy. With deputies, there is little to no possibility of fake writs, non-existent service, threats or coercion. And when tenants see a deputy, they know that whatever is being given to them is legit and they need to act on it.

I understand about the delays in some counties, but I think that is counterbalanced by the additional measure of security and protection that a deputy's service insures for both landlords and tenants.

Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 822-9885

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto M Cardet
Sent: Thursday, January 27, 2011 12:09 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

HB 59 - As I read it, I understand that this bill will give process servers access to gated communities and buildings that currently deny access to process servers.  It may need to be reworded but otherwise I think its great.  I have had issues serving residential evictions in buildings that require security grant access to the building and process servers are specifically not given access.  As far as the "unannounced" if they know the server is coming they are not going to be there.  i.e. if security calls the tenant and says I'm sending a process server up, you are not going to get personal service, if any.

HB 291 - Should probably have a sunset provision.  For the time being it is great, as due to the foreclosure crisis the sheriff, at least in Dade County, has a 2 or 3 week backlog on serving 24 hour notices.  My concern are the Process Servers that have a side business "processing" residential evictions, not to say they are practicing law without a license, and allowing someone with questionable practices to provide a tenant with their last chance notice to move before the sheriff returns to put them on the street.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, January 26, 2011 9:24 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: [RPPTL LandTen] Legislative Changes

Our Committee has been asked to give input on the following proposed bills.  If you have any comments on thee proposed changes as they relate to Landlord/Tenant practice, please email Scott Frank, our Co-Chair and legislative coordinator as soon as possible as we have only two days in which to respond to the RPPTL Section on these.

House Bills 0059 (same as SB 328) - Giving process servers "unannounced" access to residential common areas and gated communities to effect service.

HB 0291 (same SB 0426) - Amends 83.62.  Allowing process servers to post a writ of possession in addition to the sheriff in residential cases.

SB 176 - Relating in parts to affordable housing matters.

Please send any comments to Scott at your earliest convenience.

Neil Shoter
Chair

[cid:image001.jpg@01CBBE1D.CC881330]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | Websitehttp://www.shutts.com/

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

I thought this article in today's Orlando Sentinel might be of interest
to the committee members:

http://www.orlandosentinel.com/news/local/os-orlando-crime-free-multihou
sing-20110130,0,3406881.story

Crime-free apartment program starting in Orlando

Orlando police will introduce a national crime-free multi-housing
program to the city's apartment complexes in an effort to stifle crime

By Bianca Prieto, Orlando Sentinel

10:15 p.m. EST, January 30, 2011

Listen up criminals - it's about to get a lot harder to rent in The City
Beautiful.

Orlando Police Department is gearing up for its latest initiative to
combat crime at local apartment complexes by adopting the Crime Free
Multi-Housing program.

The three-prong national program makes it easier for landlords to evict
problem tenants - especially renters or their guests who commit criminal
acts.

The program works this way: Complexes sign up for the program with OPD;
managers go through special training; the complex earns security
certification; and an addendum is inserted into the lease, stating
residents or their guests will not engage in criminal activity while
living there.

When a tenant commits a crime in Orlando, their names and addresses go
into a database made available to apartment managers who have the
ability to check names at will.

If a tenant's name pops up, property managers then have a right to start
an eviction immediately for violating the terms of the lease.

While the program is new to Orlando, the initiative was started in the
early 1990s by an Arizona police officer who was tired of responding to
the same problem complexes involving the same people.

Locally, law-enforcement officers feel that same pain.

"This program is [aimed at] squeezing out all the people who just don't
want to do right, so good people can have a nice, quiet place to live,"
said Officer Derwin Bradley, who was tasked with starting program in
Orlando. "Some families move from property to property just wreaking
havoc."

'It's legal to discriminate'

Police plan to officially roll out the program later this week with a
ceremony attended by the mayor and chief of police at the Fountains at
Millenia.

But police say it's already showing promise.

Last month, Bradley noticed a tenant at one complex was arrested in
connection to a car break-in at another involved in the program.

Officers say Leroy Ebanks, 21, and another man broke into a car but ran
when they were confronted by the owner when he returned home from work.
Police caught up to Ebanks and the second man, but both denied breaking
in. The car owner identified them, according to a police report.

Bradley checked into Ebanks' criminal history, which showed he has been
arrested in the past on gun and drug charges. Bradley turned over
information to the complex Ebanks lived in, and management started the
eviction process.

Timothy Zehring, the former Arizona police officer who founded the
program, said cities that utilize the program have seen 15 to 20 percent
reduction in crime at participating complexes.

Since the program's inception, it has exploded.

Zehring said he has trained upward of 15,000 police officers in 12
countries about crime free multi-housing. Some cities, like Las Vegas
<http://www.orlandosentinel.com/topic/us/nevada/clark-county/las-vegas-P
LGEO100101101011248.topic> , Nev., have even adopted city ordinances
based on CFMH.

He says it works because it gives landlords authority to get rid of
criminals who cause or invite problems.

We teach them it's legal to discriminate - yes, I said discriminate -
based on criminal history," Zehring said. "We didn't choose our gender;
what country we were born in...that's why those are protected classes.
If a person chooses to cook meth, sell crack or do armed robberies,
that's a different thing altogether."

Managers can search

Soon, managers at participating Orlando complexes will be able to do
their own searches on current and prospective residents.

"It benefits the whole community," said Nathalie Adarve, a leasing agent
at the Fountains. "It will increase our knowledge."

Adarve said she plans to check the database every morning and is excited
about the new tool to make the complex safer.

So far, Bradley has been manually entering names and addresses into the
database managers will use. It's a lot of work for one officer, but he
has hopes the program will grow and develop into something bigger.

In the future, he'd like to see OPD have a unit dedicated to CFMH
similar to the Jacksonville Sheriff's Office - where two sergeants and
two six-officer squads are dedicated full-time the program there.

Jacksonville Lt. Jimmy Ricks, who oversees the unit, said the program
has brought a "remarkable" decrease in criminal activity since it
started there in 2008. Crime stats were not immediately available.

"Calls for service have been reduced," Ricks said, adding that the
staffing has grown because of the success.

The Orlando program will start with Fountains at Millenia in February.
Six more will follow - Ridge Club Apartments, Commander Place
Apartments, Danube Apartments, Willow Key Apartments, Rosemont Country
Club Apartments and the Landings of Millenia.

Bianca Prieto can be reached at bprieto@orlandosentinel.com or
407-420-5620.

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors(r)
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate(r) in Florida

LEGAL DISCLAIMER:  The information transmitted is intended solely for
the individual or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of or taking action in reliance upon this
information by persons or entities other than the intended recipient is
prohibited. If you have received this email in error please contact the
sender and delete the material from any computer.

Hello Members,

Have you all seen the addendum? Here it is.

This modification of the standard Drug and Crime addendum which has been in
use for years is going to cause problems.

In the first few paragraphs, they refer to criminal activity on or near the
premises, then they go into paragraph 5 which presumably can occur anywhere?

Suppose someone gets busted somewhere, the prop evicts and then the charges
get dropped or adjudication is withheld?

Is the prop under a duty to constantly check to see if someone was busted
somewhere? If they find something, where do they draw the line? If they do
not check on the tenants all the time will this create potential liability
if the person then commits another similar crime on the property.

I see some serious problems ahead.  I am really interested to see our Legal
Services member's take on this.

This article has spread all around Florida today. I have had over 15 clients
email it to me from all areas of the state all thinking it is some great new
thing.

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

<http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=101615773
3> Description: Description: facebook

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Monday, January 31, 2011 3:14 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Crime-free apartment program starting in Orlando

I thought this article in today's Orlando Sentinel might be of interest to
the committee members:

http://www.orlandosentinel.com/news/local/os-orlando-crime-free-multihousing
-20110130,0,3406881.story

Crime-free apartment program starting in Orlando

Orlando police will introduce a national crime-free multi-housing program to
the city's apartment complexes in an effort to stifle crime

By Bianca Prieto, Orlando Sentinel

10:15 p.m. EST, January 30, 2011

Listen up criminals - it's about to get a lot harder to rent in The City
Beautiful.

Orlando Police Department is gearing up for its latest initiative to combat
crime at local apartment complexes by adopting the Crime Free Multi-Housing
program.

The three-prong national program makes it easier for landlords to evict
problem tenants - especially renters or their guests who commit criminal
acts.

The program works this way: Complexes sign up for the program with OPD;
managers go through special training; the complex earns security
certification; and an addendum is inserted into the lease, stating residents
or their guests will not engage in criminal activity while living there.

When a tenant commits a crime in Orlando, their names and addresses go into
a database made available to apartment managers who have the ability to
check names at will.

If a tenant's name pops up, property managers then have a right to start an
eviction immediately for violating the terms of the lease.

While the program is new to Orlando, the initiative was started in the early
1990s by an Arizona police officer who was tired of responding to the same
problem complexes involving the same people.

Locally, law-enforcement officers feel that same pain.

"This program is [aimed at] squeezing out all the people who just don't want
to do right, so good people can have a nice, quiet place to live," said
Officer Derwin Bradley, who was tasked with starting program in Orlando.
"Some families move from property to property just wreaking havoc."

'It's legal to discriminate'

Police plan to officially roll out the program later this week with a
ceremony attended by the mayor and chief of police at the Fountains at
Millenia.

But police say it's already showing promise.

Last month, Bradley noticed a tenant at one complex was arrested in
connection to a car break-in at another involved in the program.

Officers say Leroy Ebanks, 21, and another man broke into a car but ran when
they were confronted by the owner when he returned home from work. Police
caught up to Ebanks and the second man, but both denied breaking in. The car
owner identified them, according to a police report.

Bradley checked into Ebanks' criminal history, which showed he has been
arrested in the past on gun and drug charges. Bradley turned over
information to the complex Ebanks lived in, and management started the
eviction process.

Timothy Zehring, the former Arizona police officer who founded the program,
said cities that utilize the program have seen 15 to 20 percent reduction in
crime at participating complexes.

Since the program's inception, it has exploded.

Zehring said he has trained upward of 15,000 police officers in 12 countries
about crime free multi-housing. Some cities, like Las Vegas
<http://www.orlandosentinel.com/topic/us/nevada/clark-county/las-vegas-PLGEO
100101101011248.topic> , Nev., have even adopted city ordinances based on
CFMH.

He says it works because it gives landlords authority to get rid of
criminals who cause or invite problems.

We teach them it's legal to discriminate - yes, I said discriminate - based
on criminal history," Zehring said. "We didn't choose our gender; what
country we were born in.that's why those are protected classes. If a person
chooses to cook meth, sell crack or do armed robberies, that's a different
thing altogether."

Managers can search

Soon, managers at participating Orlando complexes will be able to do their
own searches on current and prospective residents.

"It benefits the whole community," said Nathalie Adarve, a leasing agent at
the Fountains. "It will increase our knowledge."

Adarve said she plans to check the database every morning and is excited
about the new tool to make the complex safer.

So far, Bradley has been manually entering names and addresses into the
database managers will use. It's a lot of work for one officer, but he has
hopes the program will grow and develop into something bigger.

In the future, he'd like to see OPD have a unit dedicated to CFMH similar to
the Jacksonville Sheriff's Office - where two sergeants and two six-officer
squads are dedicated full-time the program there.

Jacksonville Lt. Jimmy Ricks, who oversees the unit, said the program has
brought a "remarkable" decrease in criminal activity since it started there
in 2008. Crime stats were not immediately available.

"Calls for service have been reduced," Ricks said, adding that the staffing
has grown because of the success.

The Orlando program will start with Fountains at Millenia in February. Six
more will follow - Ridge Club Apartments, Commander Place Apartments, Danube
Apartments, Willow Key Apartments, Rosemont Country Club Apartments and the
Landings of Millenia.

Bianca Prieto can be reached at bprieto@orlandosentinel.com or 407-420-5620.

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtorsR
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real EstateR in Florida

cid:image001.jpg@01C8B0EE.0B556530

LEGAL DISCLAIMER:  The information transmitted is intended solely for the
individual or entity to which it is addressed and may contain confidential
and/or privileged material. Any review, retransmission, dissemination or
other use of or taking action in reliance upon this information by persons
or entities other than the intended recipient is prohibited. If you have
received this email in error please contact the sender and delete the
material from any computer.

I agree with Harry on the issue of being innocent until proven guilty.  It seems this law would allow a person to be evicted simply for being charged with a crime, rather than having to wait until the tenant is actually convicted.  I could forsee various challenges, including a possible constitutional challenge. 
 
Similarly, I don't think the property owners recognize the possible liability it puts upon them for failing to constantly monitor every single tenant's activities.  For example, if a tenant was convicted of a violent crime and the property owner/manager does not take action (i.e. evicting the tenant), then he or she commits a similar violent crime against another tenant in the community, the victim could allege a negligence claim against the property owner for the failure to monitor.

As with any new legislation, all the possible consequences should be considered.  Just my two cents.
 
Cary

Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416 
Phone: (561) 281-2744
Fax:     (561) 691-6049
 
Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. 

--- On Mon, 1/31/11, harry@evict.com harry@evict.com wrote:

From: harry@evict.com harry@evict.com
Subject: Re: [RPPTL LandTen] Crime-free apartment program starting in Orlando
To: "'RPPTL Landlord Tenant Committee'" landten@lists.flabarrpptl.org
Date: Monday, January 31, 2011, 5:13 PM

Hello Members,
 
Have you all seen the addendum? Here it is.
 
This modification of the standard Drug and Crime addendum which has been in use for years is going to cause problems.
 
In the first few paragraphs, they refer to criminal activity on or near the premises, then they go into paragraph 5 which presumably can occur anywhere?
 
Suppose someone gets busted somewhere, the prop evicts and then the charges get dropped or adjudication is withheld?
 
Is the prop under a duty to constantly check to see if someone was busted somewhere? If they find something, where do they draw the line? If they do not check on the tenants all the time will this create potential liability if the person then commits another similar crime on the property.
 
I see some serious problems ahead.  I am really interested to see our Legal Services member's take on this.
 
This article has spread all around Florida today. I have had over 15 clients email it to me from all areas of the state all thinking it is some great new thing.
 
Harry Heist
 

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com
Email: harry@evict.com
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Monday, January 31, 2011 3:14 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Crime-free apartment program starting in Orlando
 
I thought this article in today’s Orlando Sentinel might be of interest to the committee members:
 
http://www.orlandosentinel.com/news/local/os-orlando-crime-free-multihousing-20110130,0,3406881.story
 
Crime-free apartment program starting in Orlando
Orlando police will introduce a national crime-free multi-housing program to the city's apartment complexes in an effort to stifle crime
 
By Bianca Prieto, Orlando Sentinel
10:15 p.m. EST, January 30, 2011
Listen up criminals — it's about to get a lot harder to rent in The City Beautiful.

Orlando Police Department is gearing up for its latest initiative to combat crime at local apartment complexes by adopting the Crime Free Multi-Housing program.

The three-prong national program makes it easier for landlords to evict problem tenants — especially renters or their guests who commit criminal acts.

The program works this way: Complexes sign up for the program with OPD; managers go through special training; the complex earns security certification; and an addendum is inserted into the lease, stating residents or their guests will not engage in criminal activity while living there.
When a tenant commits a crime in Orlando, their names and addresses go into a database made available to apartment managers who have the ability to check names at will.

If a tenant's name pops up, property managers then have a right to start an eviction immediately for violating the terms of the lease.

While the program is new to Orlando, the initiative was started in the early 1990s by an Arizona police officer who was tired of responding to the same problem complexes involving the same people.

Locally, law-enforcement officers feel that same pain.

"This program is [aimed at] squeezing out all the people who just don't want to do right, so good people can have a nice, quiet place to live," said Officer Derwin Bradley, who was tasked with starting program in Orlando. "Some families move from property to property just wreaking havoc."

'It's legal to discriminate'

Police plan to officially roll out the program later this week with a ceremony attended by the mayor and chief of police at the Fountains at Millenia.

But police say it's already showing promise.

Last month, Bradley noticed a tenant at one complex was arrested in connection to a car break-in at another involved in the program.

Officers say Leroy Ebanks, 21, and another man broke into a car but ran when they were confronted by the owner when he returned home from work. Police caught up to Ebanks and the second man, but both denied breaking in. The car owner identified them, according to a police report.

Bradley checked into Ebanks' criminal history, which showed he has been arrested in the past on gun and drug charges. Bradley turned over information to the complex Ebanks lived in, and management started the eviction process.

Timothy Zehring, the former Arizona police officer who founded the program, said cities that utilize the program have seen 15 to 20 percent reduction in crime at participating complexes.

Since the program's inception, it has exploded.

Zehring said he has trained upward of 15,000 police officers in 12 countries about crime free multi-housing. Some cities, like Las Vegas, Nev., have even adopted city ordinances based on CFMH.

He says it works because it gives landlords authority to get rid of criminals who cause or invite problems.
 
We teach them it's legal to discriminate – yes, I said discriminate – based on criminal history," Zehring said. "We didn't choose our gender; what country we were born in…that's why those are protected classes. If a person chooses to cook meth, sell crack or do armed robberies, that's a different thing altogether."

Managers can search

Soon, managers at participating Orlando complexes will be able to do their own searches on current and prospective residents.

"It benefits the whole community," said Nathalie Adarve, a leasing agent at the Fountains. "It will increase our knowledge."
Adarve said she plans to check the database every morning and is excited about the new tool to make the complex safer.

So far, Bradley has been manually entering names and addresses into the database managers will use. It's a lot of work for one officer, but he has hopes the program will grow and develop into something bigger.

In the future, he'd like to see OPD have a unit dedicated to CFMH similar to the Jacksonville Sheriff's Office — where two sergeants and two six-officer squads are dedicated full-time the program there.

Jacksonville Lt. Jimmy Ricks, who oversees the unit, said the program has brought a "remarkable" decrease in criminal activity since it started there in 2008. Crime stats were not immediately available.

"Calls for service have been reduced," Ricks said, adding that the staffing has grown because of the success.

The Orlando program will start with Fountains at Millenia in February. Six more will follow — Ridge Club Apartments, Commander Place Apartments, Danube Apartments, Willow Key Apartments, Rosemont Country Club Apartments and the Landings of Millenia.

Bianca Prieto can be reached at bprieto@orlandosentinel.com or 407-420-5620.
 
 

Greg Hass, Senior Counsel
 
Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org
 
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landten@lists.flabarrpptl.org
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Here is another bill of interest.

http://www.flsenate.gov/Session/Bill/2011/0476

Harry

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
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SB 476 revises definition in Chapter 509 related to vacation rentals. The bill does not have a companion Senate bill and has not yet been referred to committee.  The bill provides that vacation rentals are residential property for purposes of provisions related to treatment of such properties. Requires the operator of a vacation rental to retain any advance payment or deposit until the occupancy begins of is canceled. Clarifies that vacation rentals are exempt from certain sanitary rules. We have not been asked to opine on this bill, but may, if it moves further to committee.

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Tuesday, February 01, 2011 2:03 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

Here is another bill of interest.

http://www.flsenate.gov/Session/Bill/2011/0476

Harry

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.comhttp://www.evict.com/
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[cid:099551315@02022011-1942]http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=1016157733

</pre>IRS CIRCULAR 230 NOTICE:  Pursuant to recently enacted<br>U.S. Treasury Department Regulations, we are now required<br>to advise you that, unless otherwise expressly indicated,<br>any federal tax advice expressed above was neither<br>written nor intended by the sender or this firm to be<br>used and cannot be used by any taxpayer for the purpose <br>of avoiding penalties that may be imposed under U.S. tax <br>law.  If any person uses or refers to any such tax advice<br>in promoting, marketing or recommending a partnership or<br>other entity, investment plan or arrangement to any <br>taxpayer, then the advice should be considered to have<br>been written to support the promotion or marketing by a <br>person other than the sender or this firm of that <br>transaction or matter, and such taxpayer should seek<br>advice based on the taxpayer's particular circumstances<br>from an independent tax advisor.<br><br><br>The information in this email transmission is privileged<br>and confidential.  If you are not the intended recipient,<br>nor the employee or agent responsible for delivering it to<br>the intended recipient, you are hereby notified that any<br>dissemination or copying of this transmission (including<br>any attachments) is strictly prohibited.  If you have<br>received this email in error, please notify the sender by<br>email reply.  Thank you.<br><pre>

Hello All,

I was surprised at the lack of response concerning this new Addendum.  What do you all think? I feel it is overreaching and possibly unenforceable. I feel it creates a new level of liability for the landlord.

The reason I ask is that I am close to the people who are working with OPD and can get this changed/fixed/amended before it spreads all over the place.  Marty? Michael?

Harry

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=1016157733 Description: Description: facebook

Harry:

I have to be careful about actively participating in legislative lobbying
due to funding restrictions; but I'm forwarding this to Alice Vickers
because she is not so restricted.

Marty

C. Martin (Marty) Lawyer, III

Florida Bar # 128095

BAY AREA LEGAL SERVICES, INC.

829  West M. L. King Blvd.,  Suite # 200

Tampa,  FL 33603-3336

(813) 232-1222,  Ext. 109

FAX: 232-1403

PRESERVING INDEPENDENCE, HOPE, AND DIGNITY

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Sunday, 06 February 2011 18:36
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Crime-free apartment program starting in
Orlando

Hello All,

I was surprised at the lack of response concerning this new Addendum.  What
do you all think? I feel it is overreaching and possibly unenforceable. I
feel it creates a new level of liability for the landlord.

The reason I ask is that I am close to the people who are working with OPD
and can get this changed/fixed/amended before it spreads all over the place.
Marty? Michael?

Harry

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

<http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=101615773
3> Description: Description: facebook