When
Governor Rick Scott signed H1013 – the bill dubbed “THE
DEVELOPER BAIL-OUT BILL” – into law on April 16,
2012, he added another nail to the coffin that buries Florida's economy. Who in his right mind wants to buy into a
community where the developer is exempt from all warranties to
common elements? And since nearly all new homes in
Florida
are located in community associations, any retiree or snowbird
considering to buy property in
Florida
will think twice – and move to the Carolinas or Arizona, where
consumers are still protected by consumer-friendlier laws. The
folks in those states pray daily for more such nonsense from Florida's legislators.
Streets,
roads, driveways, sidewalks, drainage, utilities, or any other
improvements or structures – meaning all the so-called common
elements in community associations -- are no longer covered by
warranties after H1013 [CHAPTER 2012-161]
is enacted on July 1, 2012 – retroactively.
In
his so-called TRANSMITTAL LETTER
Governor Scott claims: “This bill adopts the common law
that has been in existence for forty years and
clarifies...." In
other words: Florida's judges were unable to read this law so long in existence
and ruled ignoring long-existing laws? Representative Frank
Artiles, the House sponsor of this ill-advised bill even claimed
that this bill was needed to stop "activist judges" from siding with trial lawyers in punishing
home builders. “Disingenuous” is the polite version to describe such nonsense!
In
reality this bill is just another example that our legislators
don’t care about their constituents, but do the bidding of
special interest that fill their campaign coffers.
This
“clarifying”
excuse is the latest attempt used by legislators to deceive
their constituents. We saw that excuse used in H319
– the Bankers’ Bail-Out Bill – by Representative George
Moraitis. These bills contain in reality changes to existing
laws – usually to the disadvantage of consumers. If the law is
so clear – why does it need clarifications? In both bills the
wording wasn’t created to clarify anything – the language
was supposed to strengthen the protection of special interest
that caused the problems in the first place.
I
always wonder why our esteemed leaders are so gung-ho on
destroying what little incentives are left for retirees and
snowbirds to buy property in Florida.
We
hear so much about efforts to create jobs – remember: Let’s get to work? Legislators should never forget that
retirees and snowbirds from up North were always one of the
biggest “employers” in the former
Sunshine
State.
Do
you feel that our legislators should protect special interest
leading to the financial demise of their constituents? Then vote
again for the incumbents that file such bills!
Or
should the battle cry of Florida's voters in November be: “Remember
the ill-advised bills our legislators enacted!”
