Photo of Kaylee Tuck

Kaylee is an associate in the Real Estate and Land Use & Environmental Law departments in the firm’s Fort Myers office. She focuses her practice in commercial and residential sales and leases, development, land use, and survey matters. Kaylee is admitted to practice in all Florida state courts.

While in law school, Kaylee was a member of the Phi Alpha Delta International Law Fraternity, served as an Associate Editor for the Journal of International Aging Law and Policy, and worked as an intern for the Legal Department of the St. Petersburg Police Department.

Kaylee was born and raised in Sebring, Florida, and graduated from Sebring High School. When not working, she enjoys running, playing with her dog, and visiting new places.

Professional and Civic Affiliations

Over the years, Kaylee has volunteered as a legal intern for Gulfcoast Legal Services in St. Petersburg and Sarasota, Florida. She also was a member of the Miracle League of Lake Placid, Florida, and was a member of the United Way of Highlands County Community Investment Team.

Permit Extensions for Emergency Declarations

Pursuant to Florida Statute 252.363, the Governor’s declaration of a state of emergency tolls the period remaining to exercise rights under a permit or other authorization, essentially extending the life of the permit or authorization.

The expiration date of the permit or authorization is tolled for the duration of the emergency declaration plus an additional six months, and applies to the following:

  • development orders issued by a local government;
  • building permits;
  • permits issued by the Department of Environmental Protection or a water management district; and
  • the buildout date of a development of regional impact.

On March 9, 2020, Governor DeSantis issued Executive Order 20-52 declaring COVID-19 a public health emergency. Such declaration triggers the provisions of Florida Statute 252.363 and allows extensions of the permits and authorizations mentioned above.

Requests for extensions must be submitted to the appropriate permitting authority within 90 days after the emergency declaration has expired. Executive Order 20-52 is set to expire on May 8, 2020, unless further extended.

Suspension of Mortgage Foreclosures and Evictions


Continue Reading COVID-19: Real Estate Updates Halfway Through the Stay-at-Home Order

It’s no secret that the COVID-19 epidemic is affecting virtually every sector in some way, shape, or form. The real estate sector is no exception. Although the modern real estate world has slowly moved away from face-to-face deals, there are still aspects of real estate that require some type of face-to-face contact.

How do we keep moving forward while remaining safe and healthy?

With most banks, law firms, and offices closing up to the general public, you may be wondering how to fulfill the time constraints of your contract and how a deal can be closed. In our downtown Fort Myers office, we have set-up a drive-thru conference room for signings.

Discuss the best options and next steps with your real estate attorney. Depending on the contents of your contract and individual situation, a contract extension may be the best option. However, it may also be feasible to continue to closing using the proper resources.

Force majeure clauses


Continue Reading COVID-19 Impact on Real Estate Contracts and Closings

It’s an election year, and that means voters have a lot to think about before casting their ballots in the August and November elections. In every election cycle, citizens have the opportunity to go through the initiative petition process for the opportunity to put Florida constitutional amendments on the ballot as ballot measures.

How does the Petition Process Work in Florida?

Below is an overview of a not-so-quick process.


Continue Reading Foresight is 2020: A Look at the Constitutional Amendments on the November Ballot

Oil, gas, and mineral (“OGM”) rights are not uncommon, especially in Collier County and certain areas of Lee County. Unfortunately, outdated OGM leases and rights reservations can often cause a headache for buyers when these issues show up on title. Below are some tips for combating OGM rights issues on your property.

Before the contract is signed

Sometimes, if a seller knows there may be OGM rights on the property, there will be provisions in the contract to account for those rights. Be wary of provisions that limit seller’s obligation to cure issues related to OGM rights. For example, some contracts may provide that seller has an obligation to cure a title defect related to OGM rights only if there is a right of entry. Even if there is no right of entry, an OGM right may still create a cloud on title that would make buyers uncomfortable.

If you cannot reach an agreement for seller to cure the OGM issues, make sure to have a long due diligence period and try to tackle OGM issues early. OGM issues are complex, and removing them from title can be cumbersome.

After the contract is signed


Continue Reading Options for Commercial Property Owners When Handling Oil, Gas & Mineral Rights

Did you know that liens can be filed on your real property without your knowledge or consent, even if they’re not valid? Did you know those liens can affect title to your property? Did you also know someone can create a fraudulent deed that gives your real property to someone else? It’s all very scary and, unfortunately, happens frequently. That’s why the Lee County Clerk of Courts recently launched a new Property Fraud Alert program.

The Property Fraud Alert program is completely free and allows subscribers to register their name (or any name) into the fraud alert system, and the system will alert registered users within 48 hours if a document has been recorded with the name of a registered user. This system will allow early detection of potentially fraudulent activity, which allows property owners to act fast and avoid issues down the road.

Why is the system so important?


Continue Reading New Property Fraud Alert Service Available to Lee County Property Owners

It’s that special time of year where it’s time to break out the sun block and the Yeti coolers. But what does this mean for a Condominium or Homeowners’ Association attorney? Fielding question after question from residents who want to solve all of their Association’s issues before making the trek up north. A lot of the questions we receive from owners are very similar:

  • “Can my Association amend our Declaration this way?”
  • “Can the owners call a member meeting without the Board of Directors?”
  • “Was this meeting properly noticed?”

Nine times out of ten, my answer is always the same: “it depends on the documents.”

Governing Rules


Continue Reading The “ABC’s” of Association Governing Documents

Florida’s Third District Court of Appeal handed down a win for local governments on Wednesday when the Court reversed a previous Circuit Court injunction that barred the City of Miami from enforcing a ban on short-term rentals in residential areas of the City.

Background

In 2017, the City of Miami adopted a resolution that affirmed the City’s zoning regulations “as they pertain to short-term/vacation rentals,” and stated that neighborhoods zoned as T3 were limited to permanent residential use, which precluded rental accommodations per night, week, or anything less than one month.

Notably, the T3 zone encompassed most of the City’s single-family houses and duplexes. When residents who had been using Airbnb to rent their properties spoke against the resolution, residents were directed to state their name and address for the record, and the City Manager made the comment that the City was “now on notice” of those who spoke against the City’s code and that he would direct his staff to enforce the City code.


Continue Reading Limited Vacancy: Florida Appeals Court Rules in Favor of the City of Miami’s Airbnb Rental Ban

Florida’s Third District Court of Appeal recently handed down a decision that may make the lives of landlords and tenants a little more difficult.

In Jahangiri v. 1830 North Bayshore, LLC, the owners of a Miami deli tried to exercise their first renewal option under a commercial lease. The tenants were not able to exercise their first renewal option because the Court ruled that the renewal provision lacked a definite price term or definite procedure to determine the price term in the future.

Background

La Bottega on the Bay, LLC, entered into a written lease for commercial property in Miami with landlord 1830 North Bayshore, LLC. The lease contained the following provision:

RENEWAL OPTIONS: Upon six months [sic] notice and provided [lessee] is not in default of any provision of this Lease, LESSOR agrees that [lessee] may renew this Lease for two five-year renewal options, each renewal at the then prevailing market rate for comparable commercial office properties.”

Throughout the initial five-year term, the tenants timely paid rent and were otherwise in compliance with the terms of the lease. Upon trying to renew the lease under the Renewal Option, the landlord refused to renew. The tenants then sued to enforce the Renewal Option.

Ruling


Continue Reading Florida Appeals Court Rules Terms in Commercial Lease Too Vague for Renewal