Real property, probate & trust law.
HB 315--Building Remediation and Assessment
This bill creates [subsection subsection
any of the smaller parts into which a section may be divided
Noun 1. subsection - a section of a section; a part of a part; i.e. ]501.933 and 501.934, F.S. to provide requirements for mold assessors and mold remediators and [section] 501.935, F.S., to provide requirements for home inspectors. It provides that home inspectors are not regulated by any state agency, but violations of the section may be actionable as an unfair and deceptive de·cep·tive
Deceptive or tending to deceive.
de·ceptive·ness n. trade practice under ch. 501, part II, F.S. It provides for: Exemptions to the section for certain licensed and regulated professionals; criminal penalties for certain violations of the section; a requirement to maintain commercial general liability insurance in the amount not less than $300,000. The statute of limitations A type of federal or state law that restricts the time within which legal proceedings may be brought.
Statutes of limitations, which date back to early Roman Law, are a fundamental part of European and U.S. law. as provided in ch. 95, F.S., governs actions to enforce an obligation, duty, or right arising under the section. It provides that home inspectors are not required to provide estimates related to the cost of repair of an inspected property. The bill creates [subsection]501.933 and 501.934, F.S., to require certification in mold assessment or mold remediation, depending on the field in which a person or business practices. This certification requirement may come from a non-profit organization A non-profit organization (abbreviated "NPO", also "non-profit" or "not-for-profit") is a legally constituted organization whose primary objective is to support or to actively engage in activities of public or private interest without any commercial or monetary profit purposes. that focuses on indoor air quality Indoor Air Quality (IAQ) deals with the content of interior air that could affect health and comfort of building occupants. The IAQ may be compromised by microbial contaminants (mold, bacteria), chemicals (such as carbon monoxide, radon), allergens, or any mass or energy stressor or industrial hygiene or from a community college or university that provides training or education in mold assessment or mold remediation. Provisions for noncontracting mold remediation allow for the removal, cleaning, sanitizing, demolition, or other treatment of mold as long as the work does not require a license under ch. 489, F.S., relating to relating to relate prep → concernant
relating to relate prep → bezüglich +gen, mit Bezug auf +acc construction and other contracting. Exemptions to the certification requirement are provided to specified groups. These groups include residential property owners, an owner or tenant, or a managing agent or employee of an owner or tenant, who performs mold assessment on the owned or leased property, an employee of a licensee who is under the direct supervision of the mold assessor performs mold assessment or remediation. The bill also exempts engineers, architects, interior designers, landscape architects Division I and Division II contractors licensed under ch. 489, F.S., insurance adjusters, and individuals in the manufactured housing Manufactured housing (also known as prefab housing) is a type of housing unit that is largely assembled in factories and then transported to sites of use.
In the United States, the term "manufactured home" specifically refers to a house built entirely in a protected industry who are licensed under ch. 320, F.S. The bill also exempts authorized au·thor·ize
tr.v. au·thor·ized, au·thor·iz·ing, au·thor·iz·es
1. To grant authority or power to.
2. To give permission for; sanction: employees of the United Slates, state, city and county governments performing mold assessment or mold remediation within the scope of their employment. Mold assessors are required to maintain a mold-specific insurance policy not less than $1 million, and noncontracting mold remediators are required to maintain a liability insurance policy with a mold pollution rider not less than $1 million. The bill also provides civil and criminal penalties for violations of the provisions relating to mold assessment and mold remediation. If approved by the governor, these provisions take effect January 1, 2006.
HB 113--Construction Contracting
The bill provides substantive and technical revisions to the state's construction lien law. Specifically, the bill makes a payment bond for a public works public works
Construction projects, such as highways or dams, financed by public funds and constructed by a government for the benefit or use of the general public.
Noun 1. project unenforceable Adj. 1. unenforceable - not enforceable; not capable of being brought about by compulsion; "an unenforceable law"; "unenforceable reforms"
enforceable - capable of being enforced if it restricts the classes or persons as defined in [section] 713.01, F.S, protected by a construction bond or restricts the venue of any proceeding related to the bond. The bill increases the maximum administrative fine for violations that the Construction Industry Licensing Board and the Electrical Contractors' Licensing Board may assess a licensee from $5,000 to $10,000. It reduces the type size for new residential construction contract lien warnings from 18 to 14 point type and clarifies the rights associated with the notice. The bill copies unlicensed contracting provisions under ch. 489, F.S., to ch. 713, F.S., to preserve the lien rights of suppliers and other properly licensed subcontractors on the same project. It extends a proper payment defense to owners who contract for subdivision improvements and addresses service of notice required for subcontractors and suppliers to preserve their lien rights, and requires lien service on the property owner. The bill allows building departments to utilize e-mail, facsimile, or personal delivery for required service of lien information. It provides clarification of time period in which to commence an action to enforce a claim against a payment bond and clarifies provisions relating to lien transfer bonds. It provides that circuit court jurisdiction to hear lien law cases is not exclusive where the dollar amount would allow a county court to hear the case. It restructures the penalty provisions for misapplication misapplication,
n the use of incorrect or improper procedures while administering treatment; results from inadequacy in experience, training, skills, or knowledge. May also result from impairment or incompetence. of construction funds. The bill clarifies notice procedure for lenders who are required to serve a notice to an owner when the lender disburses funds to the owner. If approved by the governor, these provisions take effect October 1, 2005.
HB 1459--Commercial Real Estate Liens
The bill creates parts III and IV of ch. 475, F.S., to create the "Commercial Real Estate Sales Lien Act" and the "Commercial Real Estate Leasing Commission Lien Act," respectively. The Commercial Real Estate Sales Lien Act creates a lien for a broker's commission upon the real estate owner's net proceeds Net Proceeds
The amount received after all costs are deducted from the sale of a piece of property or security.
In the case of an investor selling a security, net proceeds represent the proceeds from the sale minus any trading costs (i.e. commissions). from the disposition of commercial real estate. This lien does not attach to any interest in the real property. The "Commercial Real Estate Leasing Commission Lien Act," creates a lien for a broker's commission upon the real estate owner's interest in commercial real estate for any commission earned by the broker pursuant to a brokerage agreement with respect to a lease on commercial real estate. The bill requires that the broker disclose the lien at or before the owner executes the brokerage agreement for sale or lease of commercial real estate. The broker may not enforce a lien for a commission unless the disclosure is made. The bill provides the form for the sales and leasing commission disclosures. The broker is also required to provide the owner of the commercial real estate with a notice that states the amount of the claimed sales or leasing commission. This notice must be signed and sworn to or affirmed by the broker under penalty of perjury perjury (pûr`jərē), in criminal law, the act of willfully and knowingly stating a falsehood under oath or under affirmation in judicial or administrative proceedings. before a notary public A public official whose main powers include administering oaths and attesting to signatures, both important and effective ways to minimize Fraud in legal documents. . The bill also specifies the information that must be contained in the notice and the statements that must be provided in the notice. The bill also provides a form for the required commission notice. The Commercial Real Estate Sales Commission Lien Act also provides that the broker may record the commission notice in the county or counties where the commercial real estate is located. A notice of a real estate sales commission expires one year after the date of recording, unless a one-year extension is filed within the last 60 days before expiration. The closing agent must reserve from the owner's net proceeds an amount equal to the commission claimed by the broker in the commission notice. The closing agent is required to seek adjudication The legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. of the rights of the parties with respect to disputed proceeds held in escrow escrow
Instrument, such as a deed, money, or property, that constitutes evidence of obligations between two or more parties and is held by a third party. It is delivered by the third party only upon fulfillment of some condition. , and may reserve any costs incurred, including attorneys' fees. The broker or owner may file a civil action in the county or circuit court if there is a dispute over the commission. A prevailing party The litigant who successfully brings or defends an action and, as a result, receives a favorable judgment or verdict.
prevailing party n. the winner in a lawsuit. of such a court action is entitled en·ti·tle
tr.v. en·ti·tled, en·ti·tling, en·ti·tles
1. To give a name or title to.
2. To furnish with a right or claim to something: to costs and reasonable attorneys' fees of the owner and the closing agent. A buyer's broker is not entitled to a lien against the owner's net proceeds, unless a contract provides for a buyer's broker to receive a fee. The Commercial Real Estate Leasing Commission Lien Act also provides that if the commission is to be paid in installments, the lien notice is valid only to the extent that any commission remains unpaid to the broker. A lien expires two years after recording unless the broker commences a foreclosure foreclosure
Legal proceeding by which a borrower's rights to a mortgaged property may be extinguished if the borrower fails to live up to the obligations agreed to in the loan contract. action. If the broker claims an automatic renewal commission, then the lien notice expires ten years after recording unless the broker commences a foreclosure action. The lien notice may be extended for successive 10-year periods. However, an owner may attempt to shorten the time by filing a notice of contest of the broker's lien. A broker may enforce a lien for a leasing commission through a foreclosure suit in the same manner as if the lien notice was a mortgage recorded against the commercial real estate. If an owner disputes the commission, then the owner may file a civil action to discharge the lien. The prevailing party in a foreclosure or civil action is entitled to costs and reasonable attorney's fees attorney's fee n. the payment for legal services. It can take several forms: 1) hourly charge, 2) flat fee for the performance of a particular service (like $250 to write a will), 3) contingent fee (such as one-third of the gross recovery, and nothing if there is no . A lien that has been recorded may be transferred to a security by filing a sum with the clerk of the court or filing a bond with the clerk in an amount equal to the amount claimed and a certain sum to cover attorneys' fees. An owner may also subordinate, with or without the broker's consent, a lien claimed by the broker for an automatic renewal commission in favor of the holder of a subsequent mortgage. If approved by the governor, these provisions take effect October 1, 2005.
HB 565--Mobile Homes
The bill states that the requirement for the committee, which is already established under law, to disclose rents charged by comparable parks is to encourage a dialogue concerning the reasons for the rent increase and to encourage the home owners home owner home n → propriétaire occupant to evaluate and discuss the reasons with the park owner. The bill specifies as an additional statutory purpose and intent that the current provisions are not intended to be enforced by civil or administrative action and that the meetings are intended to be conducted as settlement discussions prior to mediation or litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.
When a person begins a civil lawsuit, the person enters into a process called litigation. . The bill specifically allows the park owner and the home owners to exchange new or additional information during the discussion process or to change positions relating to the rent increase. However, it prohibits the park owner and home owners from changing any information that was initially provided at the meetings. The bill prohibits compensation to be paid out of the Mobile Home Relocation Trust Fund to a home owner who is under an eviction The removal of a tenant from possession of premises in which he or she resides or has a property interest done by a landlord either by reentry upon the premises or through a court action. action for nonpayment of rent. The action for nonpayment of rent must have been initiated by the park owner prior to issuing the notice of intent to change the use of the mobile home park. The bill allows for the payment of reasonable attorneys' fees and costs to the prevailing party in an action to enforce payment from the Mobile Home Relocation Trust Fund. The bill designates the Florida Mobile Home Relocation Corporation as an agency of the state and employees and directors as officers, employees, or agents of the state for purposes of the application of sovereign immunity The legal protection that prevents a sovereign state or person from being sued without consent.
Sovereign immunity is a judicial doctrine that prevents the government or its political subdivisions, departments, and agencies from being sued without its consent. provisions. Approved by the governor on May 26, 2005, these provisions take effect upon becoming law.