Page 17 - Boca Club News - May '24

Boca Club News, Page 17
Legal:

New Laws 2024

By Michael J Posner, Esq., a partner to two people per bedroom, plus an additional two in a to stop any city or county from allowing the homeless to
in Ward Damon P.L., a mid-sized common area. Rentals would be required to have 24-hour camp or sleep on public property.
real estate and business-oriented service to address complaints. In addition, tax collection House Bill 49, effective July 1st, 2024 eases child labor
law firm serving all of Florida, would shift from local counties to a statewide program by laws by allowing 16- and 17-year-old minors to work
with offices in Palm Beach and companies like VRBO and Air BnB, which could eliminate longer hours on non-school days (more than the current
Lee County. They specialize in real Palm Beach County’s $75 million in tourist tax collections. limit of eight hours). In addition, the age restriction for
estate law and can assist buyers and Senate Bill 7014 also awaits the Governor’s signature minors working more than six consecutive days has been
sellers with closing and financing or veto as I write this (or passage by time). It modifies how lowered from 17 to 15 years old.
of residential and commercial real ethics complaints can be conducted in Florida. Claiming to House Bill 989, which also awaits the Governor’s
estate including remote closings. They can be reached at reduce partisanship, it eliminates an ethics board’s ability signature or veto as I write this (or passage by time)
(561) 594-1452 or at mjposner@warddamon.com to instigate its own investigations and also eliminates would allow bank customers to file a complaint with the
The Florida legislature was busy this year, passing investigations based on anonymous tips. All future ethics Office of Financial Regulation if they suspect that their
several new laws that have an impact on real estate. These complaint actions must be based on an affidavit under oath. financial institution has engaged in unsafe and unsound
laws include house squatting, construction issues, low- This change would eliminate any investigations which are practice. Once a proper complaint is filed, the Office of
income access, ethics, policy harassment, homeless people, based on a news or internet report. Financial Regulation must investigate, and the financial
bank regulation, child labor laws and a bill honoring House Bill 624, which will be effective July 1st, 2024 institution must respond to the complaint, within ninety
Jimmy Buffet. makes house squatting without the owner’s consent a crime days of notice.
House Bill 623, which will be effective July 1st, 2025 and allows police to remove squatters from a home if the A bill that did not pass was an attempt to change the
requires home builders to provide a minimum one-year lawful owner requests police to take action if the squatter state bird from the mockingbird to the American Flamingo.
warranty for equipment, material or workmanship. Prior to has unlawfully entered the home, refused to leave after This is a popular proposal and may be brought again in
this law being passed, some home builders either provided demand by the owner and the squatter is not a current or the future. Finally, a bill to recognize Jimmy Buffet’s
no warranty, or would only offer a third-party warranty that former tenant in a legal dispute with the owner. The new contributions to Florida has been passed by the house
was paid for by the new home buyer. This will ultimately law also imposes criminal penalties on squatters and those and senate which will include a specialty license plate
save homeowners $500 to $1,000, as long as the cost is who try and encourage squatting by offering fake leases and the renaming of all of State Road A1A as “Jimmy
not passed on to new home owners in the new home price. or deeds with the intent to illegally take possession or Buffett Highway” from its tip in Ferdinandina Beach to
House Bill 1147 and Senate Bill 478 are designed ownership of any property. Mile Marker 0 in Key West.
to provide broadband access at low cost to rural areas Senate Bill 184 and House Bill 601 are new laws
that do not have access due to cost, as well as to make designed to protect police from harassment while they
communications services more affordable for low- are doing their official duties. This includes any action to Your ad
income households. These create or continue programs to approach an officer after a verbal warning or for anti-police
subsidize the costs of these services so that low income activists from carrying out extrajudicial investigations
and rural houses can receive these communication and against law enforcement. could be here!
internet services. House Bill 1365, effective October 1st, 2024 prohibits
Senate Bill 280, which was passed by a very slim homeless individuals from camping on city streets, Call
margin, awaits the Governor’s signature or veto as I sidewalks and parks, and instead requires they be placed
write this (or passage by time). This bill reduced local in temporary shelters monitored by law enforcement. Any
government regulation of short-term rentals by eliminating local ordinances that permit these activities will now be 561-746-3244
any local regulations enacted after January 1st, 2016 eliminated by the new law. In addition, effective January
(leaving only a few ordinances in effect, including 1st, 2025, the law will allow local business owners,
Broward County ordinances). The law limits occupancy residents, and the state attorney general to file a lawsuit
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