Page 17 - Boca Club News - October '23

Boca Club News, Page 17
Legal:

New Laws 2023

By Michael J Posner, Esq., a partner of this practice, it may take years to see if, in fact, this 5. The Live Local Act was enacted to incentivize
in Ward Damon P.L. a mid-sized real saves insurance companies any money, and whether or not the development of affordable housing across the state
estate and business-oriented law firm it causes substantial difficulty for homeowners seeking of Florida. The legislature appropriated approximately
serving all of Florida, with offices to recover damage reimbursement from their polices of $1.5 billion in state funding over the next ten years to
in Palm Beach and Lee County. insurance. implement the goal of expansion of affordable housing.
They specialize in real estate law 2. Florida residents whose homes are made uninhabitable The act also includes a requirement for streamlined zoning
and can assist lenders, buyers and due to hurricane loss can apply for and obtain property to be imposed on local governments so as to encourage
sellers with purchases, loan closings tax relief if the home is uninhabitable for a period longer affordable housing by making its development easier
and refinances of residential and than 30 days. While the time period for applying for in counties that previously restricted such development
commercial real estate. They can be reached at (561) 594- Hurricane Ian relief expired in April, this law will also through their local zoning codes. In addition, the act
1452 or at mjposner@warddamon.com. assist for future hurricane disasters that result in homes provides tax incentives to encourage such development,
The Florida legislature was very busy this spring being uninhabitable. including sales tax reductions and real property tax
passing new laws that affect all aspects of Florida life. 3. Due to the murder of a student at an apartment exemptions for lands owned by not-for-profits for purposes
These new laws include more school vouchers, expanded complex, the Legislature passed what is known as Miya’s of developing affordable housing.
restrictions on teaching about sexual orientation and Law, which now requires apartment complexes to conduct 6. As Florida rents continued to rise, many local
gender identity in schools, limits on using TikTok, the right background checks on anyone with access to a master governments adopted or considered adopting rent controls
to carry guns without a concealed-weapons permit and a key. This will essentially require these complexes to do to prevent the loss of affordable rentals. A new Florida
larger Florida National Guard. Some of the most relevant background checks prior to hiring any new employees law prohibits local governments from adopting any rent
to real estate are as follows: who work for the company in the hopes of weeding out controls, effectively wresting control of rentals from local
1. A new law now bans assignment of benefits for any possibly dangerous hires. In addition, the law mandates governments to the State.
new policies of insurance issued after January 1st, 2023. that landlords maintain a log for all keys for each rental
Essentially, the practice was after a loss to their home a unit and establish protocols for issuing, returning and
homeowner could assign their rights under an insurance storing unit keys. The new law also extends to lodging,
policy for reimbursement for damages to a contractor who food service and membership campgrounds, requiring
would then perform the work on the property and pursue those businesses to implement the same background
the insurance claim without the homeowner. The benefit screening requirements. Florida’s Division of Hotels and
was that homeowners obtained a guarantee of completion Restaurants will have audit authority to confirm that the
of the repairs without the need to address the complicated businesses are complying with the new law.
requirements for recovery from their insurance carrier. 4. A pilot program was enacted to stem the tide of
However, insurance companies felt that this led to more fraudulent recording of deeds in the Public Records.
expensive claims and unnecessary payments and, given the These deeds are used by criminals to gain control of
high cost of insurance in Florida, the legislature believed properties with the goal of renting or mortgaging the
that by eliminating this practice the amount that insurers property without the real property owners’ knowledge or
would pay out for damages would be reduced. Consumer consent. Starting with Lee County, anyone requesting to
advocates believe the real savings is that homeowners record a deed will be required to provide a government-
will not have the ability to fight insurance companies issued photo ID before the deed is processed. This bill
for the last time of coverage, thus saving the insurance passed with unanimous support in the legislature and,
company substantial sums of money as many assignment assuming that the pilot program is successful, it will
of benefits programs were funded by lawyers who acted likely be implemented throughout the State of Florida
on behalf of contractors. Due to the complicated nature in 2024.