Henderson, Franklin, Starnes & Holt, P.A.

Florida’s vibrant real estate market and thriving tourism industry make it an attractive destination for property investors and landlords. However, with the allure of sandy beaches and sunny days comes a unique set of challenges for those in the rental business. From unpredictable weather to evolving legal regulations, Florida landlords must be well-prepared to handle a range of issues to ensure a smooth and successful rental experience. This article will focus on four challenges that confront landlords and guidance to manage them.
Continue Reading Navigating the Sunshine State’s Rental Landscape: Tips for Florida Landlords

When buying or selling a property in Florida, it is essential to ensure that the title is clear and free of any issues affecting ownership rights. Unfortunately, title issues can arise even after a property has been purchased, leading to significant legal problems. If you find yourself in this situation, it is important to understand the legal remedies available.
Continue Reading From Quiet Title Action to Breach of Warranty: Florida’s Legal Remedies for Title Issues

Live Local

Florida has seen tremendous growth and development over the past decade. With that growth has come a lot of changes in the economy and a large spike in population. This has created a thriving real estate market for homebuyers, with the demand for housing rising greatly. But there is one major thing we have learned throughout recent years: there is a need for more affordable and workforce housing.

To promote more affordable and workforce housing, Governor Ron Desantis signed SB 102 into law. SB 102, now known as the Live Local Act, has significantly impacted zoning laws and limited local government’s power to regulate affordable housing.

This new law makes it easier for affordable housing projects to get approved quickly without going through a long public hearing process to change a property’s zoning. It also allows for affordable housing to be built in areas that are currently zoned for commercial or industrial use. The affordable housing project can be approved quickly and easily, if it meets certain requirements. This law will go into effect on July 1st, 2023. Overall, SB 102 will help make it easier to build affordable housing in your community.

Below is a more detailed explanation of how the Live Local Act will affect the local approval and development of affordable and workforce housing.

What is “Affordable” Housing?

Continue Reading Live Local Act and Its Major Effects on Development Approvals for Affordable Housing

As a landlord, you’ve probably heard horror stories about tenants who refuse to pay rent, damage your property, or violate the terms of the lease agreement. These disputes can quickly escalate into costly lawsuits, leaving both parties frustrated and stressed. As a landlord, it’s crucial to be aware of the common disputes that can arise with tenants and take steps to prevent them from occurring.
Continue Reading Navigating Landlord Tenant Disputes in Florida: 5 Common Challenges and How to Overcome Them

The Lee County Building and Industry Association has provided a recap of important updates worth noting if you are involved in construction and contracting in Lee County, Florida. These updates will impact the procedures and protocols that individuals and businesses must follow when submitting permit applications and seeking licensing.

Community Development Department Office Hours

The first update concerns the closure of the Community Development Department lobby each business day at 3 p.m. starting March 27, 2023. This will apply to both public access and incoming phone calls. In addition, the Community Development office will stop accepting customer walk-ins at 2:30 p.m. The changes are being implemented to allow staff more time to process and review applications submitted that day. It is important to note that electronic permit applications will continue to be accepted with no restrictions.

This change is due to the increase in in-person customer levels, which have risen almost 200% since Hurricane Ian, despite more than 90% of permits being submitted electronically. Before the hurricane, staff processed an average of 3,700 permit applications per month. These changes will remain in effect until permit applications decrease or additional staff is hired and trained.

LCEC Update

Another update worth noting is the recent LCEC meeting recap. During this meeting, issues related to delays associated with running electricity to developments and single lot projects were discussed. The highlight was that delays are affecting all aspects of LCEC business. While working to resolve these issues, they see delays continuing well into 2024.Continue Reading Lee County Implements Changes to Building and Licensing Matters to Keep Up with Surging Demand

Lee County 50% Rule Changes To follow-up on my previous post, on November 8, the Lee County Commissioners considered several changes to facilitate repairs to buildings damaged by Hurricane Ian. The most significant changes involve how the “50% Rule” will be calculated.

The calculations for the 50% Rule along with other guidelines relating to the 50% rule are based on local regulation. Lee County Board of Commissioners were presented with and approved the following changes:

  • Allowing for a “permit-by-permit” valuation of the cost of repairs. The past County regulations required a cumulative consideration of improvements made over the previous 5 years. This change would not apply to “repetitive loss” properties that have received two or more NFIP payouts in excess of $1000 over a 10-year period.
  • Amending cumulative period for “repetitive loss” properties from 5 years to 1 year for 50% calculation.
  • Updating elevation requirements for manufactured homes in special flood hazard areas and coastal high hazard areas.
  • Amendment reflecting that the newest version of FEMA flood insurance rate maps for Lee County take effect November, 17, 2022.

Continue Reading Outcome of November 8 Lee County’s Meeting Regarding 50% Rule for Hurricane Ian Repairs

At its upcoming Special Meeting on November 8, the Lee County Commission will consider several changes to facilitate repairs to buildings damaged by Hurricane Ian.  The Local Planning Agency (LPA) will consider and make a recommendation on the proposed changes at its meeting on November 7.

The most significant changes involve how the “50% Rule” will be calculated.  The 50% Rule, required by FEMA as part of the National Flood Insurance Program (NFIP), states that repairs to damaged structures cannot exceed 50% of the value of the building unless the structure is brought into full compliance with current flood regulations, including minimum finished floor elevations.Continue Reading Lee County to Consider Changes to 50% Rule to Facilitate Hurricane Ian Repairs

The Extended Deadlines

On October 20, 2022, Governor DeSantis signed Executive Order 22-242 offering relief to Floridians whose property has been completely destroyed or otherwise rendered uninhabitable in the form of extended deadlines for filing ad valorem property taxes and non-ad valorem assessments levied in 2022. Normally, ad valorem property taxes are assessed on each county’s tax rolls and are collected by the county tax collector are due and payable on November 1 and become delinquent April 1. Now, with the signing of this executive order, these taxes will be due and payable on January 1, 2023. In addition, these taxes and assessments will now become delinquent on June 1, 2023 instead of the April 1. Finally, “all dates and time periods, and their associated provisions, relative to the collection of, or administrative procedures regarding, delinquent taxes and non-ad valorem assessments, including but not limited to the sale of tax certificates, are similarly extended based on the June 1, 2023 delinquency date.”

Who Qualifies?

Continue Reading Hurricane Ian Extends Property Tax Deadlines, Governor DeSantis Calls for Special Session to Offer Further Relief

short term rentalsSouthwest Florida is a prime location for people to bring their family and friends to vacation. Whether it’s the golf, beaches, or just the beautiful weather, Southwest Florida has solidified itself as a great destination for vacations. This has made tourism a major industry, and one of the biggest areas of tourism is hotels and rentals for families staying in the area.

However, in recent years families have been more inclined to try to rent a home for a short period rather than booking a hotel room. According to Section 509.013(4)(a)(1.) of Florida Statutes, a short-term rental is defined as a residence rented for less than thirty days and rented out more than three times a year.

With the rise of the vacation rental industry, local governments and their residents have seen the impacts they have on the community. This led to two major questions – how can local governments regulate these short-term rentals or how can they prohibit them?

History of Short-Term Rentals

Vacation rentals have always been popular but were not always readily available or easy to find. A revolution occurred in the early 2000s with the rise of the internet and along with that came online rental platforms. Now there are many different platforms, such as Airbnb and VRBO, which made short-term rentals much more available. Further, this led to an overall increase in the number of rentals available.

This increase in rentals led to issues amongst local governments and their citizens because of the impacts short-term rentals had on the community, both positive and negative. Local governments began to ban or create regulations around these short-term rentals. Because of the divide and lack of consistency in regulation by local governments, the Florida legislature created a law that prohibited any local government from banning short-term rentals and limited how they may be regulated.

Effect of the New Legislation

Continue Reading Can Your Local Government Ban Short Term Vacation Rentals?

unlicensed contractors Hurricane Ian made direct landfall in Southwest Florida, destroying thousands of homes and buildings. The destruction will now require the mobilization of hundreds of contractors in the construction industry. Unfortunately, a tragedy like Hurricane Ian will also attract a number of unlicensed contractors who will try and take advantage of desperate victims trying to rebuild their homes and businesses.

As Southwest Florida starts the rebuilding phase, here are a few things residents should be aware of:

Before you hire a contractor, ask to see their state-issued license

Whether you need roof repairs or mold-related services, you want to ensure the person you hire is licensed and insured. The definition of “contractor” under Section 489.105, Florida Statutes, requires that any person who seeks to

construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure” must have a license.

Allowing an unlicensed contractor to perform work on your property puts you at risk of liability and could cost you more in the end. Generally, unlicensed contractors do not have workers’ compensation and liability insurance. As a result, the property owner may be liable for any injuries that occur on site.

You may check your contractor’s license by going to www.myfloridalicense.com.

Unlicensed contracting is a felony

In Florida, unlicensed contracting is generally charged as a first-degree misdemeanor, with penalties of up to one year in jail or 12 months of probation, and a $1,000.00 fine.Continue Reading Unlicensed Contractors: What You Need to Know