A Message from Our Government Affairs Director

Legislative Session Update
By Jeff Rogo, Government Affairs Director

On balance, the 2008 Florida Legislative Session was favorable for the apartment industry. FAA's priority legislation addressing early lease termination fees was passed unanimously by the House and Senate, and then signed by Governor Crist on June 10. A link to the FAA Web site and guidance on the new law is found in this newsletter.

A significant filing fee increase was also signed into law by the Governor. Beginning this summer, the court fee for filing a removal of tenant action will increase from $75 to $265. The State estimates the fee increase will generate 28 million new dollars to help offset the budget shortfall. Senator Victor Crist (R-Tampa,) the sponsor of the bill increasing the fee, has agreed to work with FAA during the 2009 session to see if the financial burden being placed on residents in good standing can be eased.

Before and during this year's legislature, FAA's leaders and lobbyists worked with the sponsors of three bills which were concerning to the apartment industry. One bill addressed "knowingly renting" apartment units to sexual predators; another addressed access to dwellings and employee background checks; the third dealt with the housing rights of domestic violence victims. All three bills died at the conclusion of the legislative session on May 2.

Additional details on the legislation tracked by our association this year is found in a report written by Kelly Mallette with FAA's lobbying firm, Ronald L. Book, P.A. Use the following link to read the report.

http://www.fl-apartments.org/pdf/SessionUpdateFinalSessionReport.pdf

The 2008 Legislature failed to pass any legislation which would improve the affordability and availability of commercial property insurance. However, House Bill 909, sponsored by Representative Peter Nehr (R-Tarpon Springs,) should provide much-needed property tax reform. The bill limits the utilization of the "highest and best use" method of appraisal and provides fairness for property owners appealing a property appraisal.

FAA will closely monitor the implementation of legislation which mandates thermal energy efficiency standards for new buildings. The state is required to test the "cost-effectiveness" of these new standards.

On Aug. 21, during the FAA Education Conference, I will moderate a Legislative/Regulatory Issues panel that will update you on the impact of these bills and on other issues affecting the apartment industry. The panel will include Senator Lee Constantine (R-Altamonte Springs,) Representative Frank Attkisson (R-Kissimmee,) and Ms. Irica Solomon, Director, Political Affairs for the National Apartment Association.