the laws you need to know 2016 - amazon s3€¦ · becomes law on july 1, 2016 cs/cs/sb 826 –...

PEYTONBOLIN.COM

the laws you need to know

2016SF South Florida (954) 316 1339

O Orlando (407) 487 3040

TB Tampa Bay (813) 867 3212

STRATE

GY

Since 2008, PeytonBolin has represented and advised condominium and homeowner associations. The firm’s partners, Mauri Peyton and Joe Giannell, are board certified real estate attorneys. Jane Bolin previously owned a management company and worked as a licensed CAM and has developed practical education for board members and mangers. Joe, Jane and Mauri have been members of the Florida Bar since 2007 and are admitted to the practice in the U.S. District Court for the Southern District of Florida.

WE BUILD STRATEGIES TO MANAGETHE BUSINESS OF YOUR ASSOCIATION

EDUCATION COURSES & LEGAL COUNSELFOR ASSOCIATION BOARD & MANAGERS

Thank you for reading our legal update. The information contained in this booklet is for educational purposes only and does not create an attorney-client relationship. Should you want to take any action based on the new changes to Florida law, please seek the advice of counsel to avoid any misinterpretation of the law based on your unique facts.

If you are interested in speaking with any attorney about representation, please e-mail [email protected] or reach out to Jane F. Bolin, Esq. at [email protected] set up a free initial consultation.

2TABLE OF CONTENTS

THE LAWS YOU NEED TO KNOW

TABLE OF CONTENTSCOMMUNITY ASSOCIATION LEGAL UPDATE

2016 CONSTITUTIONAL AMENDMENTS

FLORIDA SENATE BILLS

CS/SB 184 – MILITARY AND VETERANS AFFAIRS CS/CS/SB 826 – MOBILE HOMES POWERS AND DUTIES OF DIVISION MOBILE HOME LOT RENTAL AGREEMENTS RIGHTS OF PURCHASER MOBILE HOMEOWNERS’ ASSOCIATIONS BYLAWS OF MOBILE HOMEOWNERS’ ASSOCIATIONS BOARD MEMBER TRAINING PROGRAMS IN MOBILE HOMES

DEFINITIONS THE CITIZENS’ INITIATIVE THE CONSTITUTIONAL REVISION COMMISSION (CRC) THE CONSTITUTIONAL CONVENTION THE TAXATION AND BUDGET REFORM COMMISSION (TBRC)

BALLOT TITLES

SOLAR DEVICES OR RENEWABLE ENERGY SOURCE DEVICES:EXEPTION FROM CERTAIN TAXATION AND ASSESSMENTRIGHTS OF ELECTRICITY CONSUMERS REGARDING SOLAR ENERGY CHOICEUSE OF MARIJUANA FOR DEBILITATING MEDICAL CONDITIONS TAX EXEMPTION FOR TOTALLY AND PERMANENTLY DISABLED FIRST RESPONDERSHOMESTEAD TAX EXEMPTION FOR CERTAIN SENIOR, LOW-INCOME,LONG-TERM RESIDENTS; DETERMINATION OF JUST VALUE

33334444

55555

6789

10

FLORIDA LEGAL UPDATE FOR COMMUNITY ASSOCIATIONS

3 PEYTONBOLIN.COM 877.739.8662

CS/SB 184 – Military and Veterans A�airsBECOMES LAW ON JULY 1, 2016

CS/CS/SB 826 – Mobile HomesBECOMES LAW ON JULY 1, 2016 with the exception of 723.0781 which will become law on October 1, 2016

This bill creates Section 83.683 in Florida Statutes and a�ects Chapters 718, 719, and 720.

•The new section of law provides that a landlord is required to process a rental application from a military service member within 7 days of the application being submitted if the landlord requires an application before residing in a rental unit. The landlord must provide the service member a response in writing of the approval or denial of their application and, if denied, the reason for denial with that 7 day period. If the landlord does not provide a written denial within the specified time frame, the landlord must lease the rental unit to the service member if all other terms of the application and lease are met.

These provisions also apply in situations in which a service member seeks to rent a unit or parcel within the control of an association as defined in Chapters 718, 719, and 720.

This bill amends numerous sections with Chapter 723 of Florida Statutes.

1. 723.006 Powers and duties of division – o (6)This section was amended to require the division to notify a person who has filed a complaint within 30 days of receipt of the complaint that it has been received. The division is then required to notify the person who filed the complaint of the status of the investigation and at the end of the investigation; the division must notify both the complainant and the party the complaint was against the results of the investigation.

o (15)This section was added to require the division to implement board member training requirements and states that the requirements must include content to assure providers meet minimum standards for the board member training program. It further requires The Department of Business and Professional Regulation to publish notice of the proposed rules by October 1, 2016.

2. 723.031 Mobile home lot rental agreements – o (5)(c) This section was amended to allow a park owner to pass on as part of the increase in the lot rental amount the non-ad valorem assessments if the non-ad valorem assessment was included as a factor for increase in the prospectus or the rental agreement. It clarifies that the definition of non-ad valorem assessments is the same as in Chapter 197 of Florida Statute.

o (5)(d) This section was created to require 90 day notice before the renewal date of a rent increase before the increase can go into e�ect. If notice is not given in the correct time from the increase cannot go into e�ect until proper notice is given. The section allows for a term shorter than 1 year keeping the renewal date the same.

4


COMMUNITY ASSOCIATION LEGAL UPDATE

3. 723.059 Rights of purchaser – o (1) This section was amended to allow a purchaser to cancel or rescind a purchase contract if they are not approved by the park owner 5 days before the closing of the purchase.

4. 723.075 Mobile homeowners’ associations – o (1) This section allows the owners of a park, once two-thirds of the owners have agreed to incorporate, to become members or shareholders. This means they consent to be bound by the articles of incorporation and the policies of the association. It also states that the association shall represent all member of the park.

5. 723.078 Bylaws of mobile homeowners’ associations – o (2)(b)2. This section was amended to clarify that if a mobile home or subdivision is jointly owned, the owners will be counted as one vote for the purposes of a majority.

o (2)(c)4. This section is amended to state that a member can video tape any meeting except those between the board of directors or its appointed homeowners’ committee and the park owner.

6. 723.0781 Board member training programs in mobile homes – o (5) This section was added to give member of the board time to get into compliance with the rest of 723.0781 dealing with board training certification. While this section goes into e�ect onOctober 1, 2016, it give directors and boards until October 1, 2017 to be considered in violationof this section.

Not a lot of Changes, Right?Let’s see what happens in our next legislative session!



2016 CONSTITUTIONAL AMENDMENTSAccording to the Merriam-Webster online dictionary, a constitution is the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it and a written instrument embodying the rules of a political or social organization. Our country and each of the fifty states have a constitution and it is important to look at a constitution as a living document subject to change when new challenges are presented to the society governed by the constitution.

In Florida we are guided by the United States Constitution and the Florida Constitution. Florida has had six di�erent constitutions with the first being approved in 1838 when Florida became a territory and the current constitution being approved in 1968 with amendments being added.

The Florida State Constitution can be amended in five di�erent ways:

1. The Florida Legislature is able to place an amendment on the ballot through a joint resolution being passed by a three-fifths vote of the legislature.

2. The Citizens’ Initiative can also place an amendment on the ballot through a petition process that requires at least 8% of the total number of Florida voters from the previous presidential election and that come from at least one-half of the congressional districts in the state. The petitions must be certified by the Supervisor of Elections and Florida Supreme Court must review the ballot language to ensure it meets statutory requirements.

3. The Constitutional Revision Commission (CRC) meets every twenty years and is comprised of the Attorney General, fifteen members selected by the governor, nine members selected by the Speaker of the House of Representatives, nine members selected by the President of the Senate, and three members selected by the Chief Justice of the Supreme Court of Florida. The next CRC meeting is in 2017-2018

4. The Constitutional Convention is used to revise or replace the state constitution and can be called through a petition process which must have 15% of the total voters from the prior presidential election. Once the petitions are certified by the Supervisor of Elections the question on the ballot is “Shall a constitutional convention be held?”

5. The Taxation and Budget Reform Commission (TBRC) was created in 2007 and can place amendments on the ballot for consideration of the voters if eighteen of the twenty-five members of the Commission approve. The members of the Commission include eleven members selected by the Governor, seven member selected by the Speaker of the House and seven member selected by the President of the Senate of which none can be members of the legislature. There are also four non-voting ex o�cio members who are members of the legislature at the time of appointment. The Speaker and the President each pick two members, one of which must be a member of the minority party of their chamber.

All amendments must pass by at least 60% of the vote.

This year, voters will be looking at five amendments to the Florida Constitution with one on the ballot on August 30th and the other four on the ballot on November 8th. Here is a look at each of the amendments with the actual ballot language, a ballot summary, how it was placed on the ballot, the pros and cons, and who is for and against it. We will start with Amendment 4 which will be on the August 30th ballot.

6CONSTITUTIONAL AMENDMENTS


Amendment 4 Article VII, Sections 3 and 4

Article XII, Section 34Ballot Title SOLAR DEVICES OR RENEWABLE ENERGY SOURCE DEVICES: EXCEPTION FROM CERTAIN TAXATION AND ASSESSMENT.

Ballot SummaryProposing an amendment to the State Constitution to authorize the Legislature, by general law, to exempt from ad valorem taxation the assessed value of solar or renewable energy source devices subject to tangible personal property tax, and to authorize the Legislature, by general law, to prohibit consideration of such devices in assessing the value of real property for ad valorem taxation purposes. This amendment takes e�ect January 1, 2018, and expires on December 31, 2037.

Placed on BallotThe Florida Legislature placed this amendment on the ballot through House Joint Resolution (HJR) 193. The measure passed unanimously through both the House and the Senate.

Supporters• The Nature Conservancy• Conservatives for Energy Freedom• Florida Retail Federation• Christian Coalition• Florida Chamber of Commerce• Advanced Energy Economy (AEE) • Solar Energy Industries Association (SEIA)• Vote Solar• Florida Restaurant & Lodging Association• Southern Alliance for Clean Energy• Floridians for Solar Choice• Building Owners and Managers Association of Florida (BOMA)

Opposition• Floridians for Solar Choice

Thank you for reading our legal update. The information contained in this booklet is for educational purposes only and does not create an attorney-client relationship. Should you want to take any action based on the new changes to Florida law, please seek the advice of counsel to avoid any misinterpretation of the law based on your unique facts.

If you are interested in speaking with any attorney about representation, please e-mail [email protected] or reach out to Jane F. Bolin, Esq. at [email protected] set up a free initial consultation.



Amendment 1Article X, Section 29

Ballot Title RIGHTS OF ELECTRICITY CONSUMERS REGARDING SOLAR ENERGY CHOICE

Ballot SummaryThis amendment establishes a right under Florida's constitution for consumers to own or lease solar equipment installed on their property to generate electricity for their own use. State and local governments shall retain their abilities to protect consumer rights and public health, safety and welfare, and to ensure that consumers who do not choose to install solar are not required to subsidize the costs of backup power and electric grid access to those who do.

Placed on BallotThis amendment was placed on the ballot by the citizens’ initiative through the Consumers for Smart Solar.

Supporters• Consumers for Smart Solar• Floridians for Government Accountability• 60 Plus Association• Florida State Hispanic Chamber of Commerce• Florida Faith & Freedom Coalition• Pace Energy Fairness• National Black Chamber of Commerce• Florida Council for Safe Communities• National Congress of Black Women• NAACP Florida State Conference

Opposition• Floridians for Solar Choice• Southern Alliance for Clean Energy• Building Owners and Managers Association of Florida (BOMA)• U.S. Green Building Council (USGBC)



Amendment 2Article X, Section 29

Ballot Title USE OF MARIJUANA FOR DEBILITATING MEDICAL CONDITIONS

Ballot SummaryAllows medical use of marijuana for individuals with debilitating medical conditions as determined by a licensed Florida physician. Allows caregivers to assist patients’ medical use of marijuana. The Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes and shall issue identification cards to patients and caregivers. Applies only to Florida law. Does not immunize violations of federal law or any non-medical use, possession or production of marijuana.

Placed on BallotThis amendment was placed on the ballot by citizens’ initiative through the group United for Care which is also known as People United for Medical Marijuana. This is the group that ran a similar amendment in 2014. That amendment garnered 57.62% of the required 60% of the votes and was thus narrowly defeated.

Supporters• John Morgan, Esq.• SEIU of Florida• Florida Democratic Party• People United for Medical Marijuana

Opposition• Florida Chamber of Commerce• Drug Free Florida Committee



Amendment 3Article VII, Section 6

Article XII

Ballot Title TAX EXEMPTION FOR TOTALLY AND PERMANENTLY DISABLED FIRST RESPONDERS.

Ballot SummaryProposing an amendment to the State Constitution to authorize a first responder, who is totally and permanently disabled as a result of injuries sustained in the line of duty, to receive relief from ad valorem taxes assessed on homestead property, if authorized by general law. If approved by voters, the amendment takes e�ect January 1, 2017.

Placed on BallotThe Florida Legislature placed this amendment the ballot through the passage of HJR 1009. The measure passed unanimously in both the House and Senate.

There is no list available on the supporters or opposition to this amendment.



Amendment 5Article VII, Section 6

Article XII

Ballot Title HOMESTEAD TAX EXEMPTION FOR CERTAIN SENIOR, LOW-INCOME, LONG-TERM RESIDENTS; DETERMINATION OF JUST VALUE

Ballot SummaryProposing an amendment to the State Constitution to revise the homestead tax exemption that may be granted by counties or municipalities for property with just value less than $250,000 owned by certain senior, low-income, long-term residents to specify that just value is determined in the first tax year the owner applies and is eligible for the exemption. The amendment takes e�ect January 1, 2017, and applies retroactively to exemptions granted before January 1, 2017.

Placed on BallotThe Florida Legislature placed this amendment on the ballot through HJR 275. The measure passed unanimously through both the House and Senate.

There is no list available on the supporters or opposition to this amendment.

NOTES

11NOTES

CUSTOMIZED PLATINUMGOLD

Why switch to �at fees?

Legal Services Billable Fees Flat Fees

Telephone and/or in-o�ce appointments Billed per minute

Billed per minute

Questions and responses by e-mail

Covenant enforcement demand/violation letters

Pre-suit arbitration or mediation demand letters

Fine enforcement letters

Legal research and opinions on governing documents

Unlimited

Unlimited

Call to discuss your options 877-739-8662 Or Submit a request at www.peytonbolin.com

Since 2008, PeytonBolin has been representing community associations. Six attorneys work in the firm’s community association practice. Jane Bolin and Mauri Peyton, founding partners of the firm, were admitted to practice in 2007. Mauri Peyton and Joe Giannell are Real Estate Board Certified attorneys with the Florida Bar.

PEYTONBOLIN.COM (877) 739-8662

Flat Fee Retainers for Community Associations

(877) PEYTONB (877) 739-8662

*BY APPOINTMENT

PEYTONBOLIN.COM FORT LAUDERDALE Orlando* TAMPA* West palm beach*

the laws you need to know 2016 - amazon s3€¦ · becomes law on july 1, 2016 cs/cs/sb 826 –...

Documents