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

Summer is a busy season for moving in Florida. This time of year is a popular time for families to move because it follows the spring real estate season and because school is out, parents won’t have to deal with enrolling their children in a new school mid-year. Landlords should ensure that they are aware of and in compliance with Florida law prior to renting.

Before signing a rental agreement or lease, landlords are encouraged to seek legal counsel to ensure that their lease complies with Florida law and that they are aware of the laws governing the landlord tenant relationship.

Landlord’s Responsibilities

In Florida, landlords are responsible for maintaining the dwelling. At all times during tenancy, the landlord shall (1) comply with the requirements of applicable building, housing, and health codes; (2) maintain the roofs; (3) doors; (4) floors; (5) steps; (6) porches; (7) exterior walls; (8) foundations; (9) and all other structural components in good repair. The landlord must also maintain the plumbing in reasonable working condition.


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Unlike certain “unalienable rights” granted to citizens under the United States Constitution, property interests are traditionally understood to have been created by a number of independent sources such as statutes, ordinances, or contracts. The general concept of property itself is construed as the group of rights inhering in the citizen’s relation to the physical thing, such as the right to possess, use and dispose of it.

Modern courts, however, acknowledge that the traditional notion of property interests encompass a variety of other valuable interests, such as intangible and incorporeal rights (e.g., leases, easements, right-of-ways, and mortgages) or other uses which extend well beyond the historic norms of property to establish an entirely legitimate claim to certain additional land use entitlements as well.

What is an “Exaction”?

The term “exaction” is when a condition for development is imposed on a parcel of land which requires the developer to mitigate anticipated negative impacts of the development. An exaction may include some sort of mandatory dedication of real property for impact fee payments, sewer or water utility connection fees, or public use of land for a park, school, or transportation facility or expansion anticipated for certain related infrastructure improvements.

The Doctrine of “Unconstitutional Conditions”


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Due to the growing use by local governments of certain quasi-judicial code enforcement proceedings to obtain compliance with their local land use and zoning regulations, it is important for Florida property owners and business operators to have a thorough understanding of administrative enforcement proceedings.

Local Government Enforcement Authority

Florida’s statutory scheme governing local code enforcement procedures is divided into two separate parts under Chapter 162 of Florida Statutes. There is no statutory provision prohibiting local governments from enforcing their land use development and zoning regulations by other means. Section 162.13 provides that the provisions of Chapter 162 are supplemental procedures for local governments to achieve code compliance and are therefore intended “to provide an additional or supplemental means of obtaining compliance with local [government] codes.”

Penalties and Fines


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Florida’s State Constitution & Amendments Proposed by the Constitutional Revision Commission (“CRC”)

Once every twenty years the Florida Constitution provides for the creation of a thirty-seven member revision commission (hereinafter referred to as the “CRC”) which is appointed for the specific purpose of reviewing the Florida Constitution and proposing changes to be considered for voter consideration.

As such, the CRC has been uniquely vested with the duty to examine the Constitution of the State of Florida, as revised in 1968 and subsequently amended, hold public hearings, and file with the Secretary of State its proposed changes, if any.

Florida Constitution Article XI, Section 2


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On December 20th, 2017, President Trump stood outside the White House and announced that Congress had passed the Tax Cuts and Jobs Act (“Tax Act”), the most thorough overhaul of the federal tax code since the Reagan administration. Like American taxpayers everywhere, most Floridians are wondering:

How will this tax legislation affect me?”

Because the

The Florida Legislature recently delivered a small win for the business community with Florida House Bill 7109. Effective January 1, 2018, Florida Statute 212.031(1)(c) is amended by lowering the sales tax levied against commercial tenants from 6% to 5.8%. A more significant decrease would have been better, but commercial tenants will take what they can

As of January 1st of 2017, it has been reported that the total value of real property in Lee County increased for the fifth consecutive year to $105.6 billion (nearly 9% higher than 2016 values).

With this year’s Truth in Millage (“TRIM”) Notices just around the corner (typically mailed by the Lee County Property Appraiser in mid-August), one recent legal opinion highlights the nuances of remedies available to the property owner—and the Property Appraiser—in the event assessed values are contested.

Background on Florida’s “Save Our Homes” Doctrine

For real property that has been classified as a “homestead” in Florida, the Save Our Homes provision of Section 193.155(1), Florida Statutes, allows for an annual increase of only 3% in the assessed value of property, or the yearly increase in the Consumer Price Index (CPI), whichever is less. Moreover, under 193.155(2), Florida Statutes, if the capped value exceeds the market value in a given year, the capped value will be reduced to the market value.

Nikolits v. Haney


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tax.jpgWith Florida’s 2017 Regular Session officially adjourned on May 8, 2017, only 203 bills (of the total 1,606 general bills filed) survived both chambers of the Legislature.

From the handful of legislation that ultimately passed this year, Joint Resolution CS/HJR 21 was enacted. This resolution proposes an amendment to the State’s Constitution that would limit a local government’s authority to assess non-homestead real property for purposes of ad valorem taxation.

Background

Under Florida’s Constitution, ad valorem taxation is expressly reserved to local governments. The state is prohibited from levying ad valorem taxes on real and tangible personal property.

When preparing an annual assessment, the State Constitution also generally requires that all property be assessed at just value (i.e., market value) on January 1st of each year. Thereafter, such assessments are used to calculate property taxes to fund counties, municipalities, district school boards and certain special districts.

Florida’s Existing Limitations on Assessments for Non-Homestead Property


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Over the past several years, hydraulic fracturing (or “fracking”) has become a very divisive environmental and political issue in many areas of the country. As our society’s desire for cleaner energy has become more of a priority, lawmakers and agencies at federal, state, and local levels have been confronted with determining whether and to what extent the use of hydraulic fracturing methods should be regulated, and whether such activities pose a potential threat to our drinking water sources.

What is Fracking?

Developed in the 1940’s, hydraulic fracturing is a method to extract conventional oil and gas resources found in permeable sandstone and carbonate reservoirs by drilling vertically into rock formations and injecting fluids under high pressures.


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For those of you who missed it, Thursday’s 2017 Commercial Real Estate Outlook Conference offered exciting sneak peeks into new, major downtown Fort Myers developments, insightful discussions on the impacts technology and millennials are having on the real estate industry, and a general feeling of optimism toward 2017’s real estate market.

While blogging etiquette won’t