THEKEY
A DIGITAL MAGAZINE
TABLEOFCONTENTS
Monica Ramsey (Monica@aago.org)
AAGO'S 2024 LEADERSHIP
OFFICERS ASSOCIATIONSTAFF
DIRECTORS
2024 PREMIER PARTNERS
WelcometoAllOurQ3NewMembers
New Community & Developer Members
Cardinal Newman Court Kissimmee, FL 34758
8097 Poinciana Boulevard Orlando, FL 32821
Collina Terrace Clearmont, FL 34711
828 Orienta Avenue Altamonte, FL 32701
Bryonia Rd Orlando, FL 32826
FL 33445
4018 West Vine Street Kissimmee, FL 34741
Vivo
New Supplier Partner Members
All Direct CFL, LLC
Copier Sales, Service & Repair;Office Supplies;Toner
Beasley & Henley Interior Design
Interior Design
CBS VALET TRASH
Waste Removal;Waste Removal/Consulting;Wa ste/Recycling;Waste/Re cycling/Specialty/Cons ulting
EnviroTech Solutions
Water Restoration; Mold/Asbestos/Lead Remediation/Restoration & Consulting;Fire Restoration; Crime Scene Clean-up
GFL Environmental
Waste/Recycling;Waste/Recy cling/Specialty/Consulting; Waste Removal/Consulting
Hawk Construction and Renovation, LLC
Cabinets | Kitchens | Baths;Turn-Key;Fire Restoration;Roofing Contractors/Consultants; Painting
KDG Cleaning LLC
Cleaning Services
Allana Buick & Bers, Inc.
Construction Consultant;Roofing Contractors/Consultants; Structural Engineering;
Bin Butler, LLC
Waste Removal;Waste /Recycling
Clean Tec Services LLC
Carpet Cleaning Services;Cleaning Services; Pressure Washing/Ext. Building Cleaning
Executive Coatings & Contracting
Roofing Contractors/Consultants;Co mmercial Roofing & Repair;
Gio
Renovations Inc
Commercial Roofing & Repair;Rehab;Remodeling; Roofing Contractors /Consultants;Waterproofing
American Security LLC
Armed Security;Security Services/On-Site;Security Systems/Service, Installation & Monitoring
Bishop Consulting Services
Apartment Lease-up | Apartment Leasing;Management Consultant;New Construction/Remodel/ Interior Design;
Curtis Protection Services
Armed Security;Firewatch;Security Services/On-Site;Unarmed security;Vehicle patrol services
Florida's Elite Restoration
Mold/Asbestos/Lead Remediation/Restoration & Consulting;Mold Inspection Services;RestorationFire,Water & Wind-Insurance
Global Construction
Construction;Construction Consultant;Architecture; Carpentry & Refurbishing: Commercial Roofing & Repair
Banyan Utility
Construction Consultant;Electrical Supplies/Services;Utilities;Water Conservation
Blackstone Builders Group
Roofing Contractors/Consultants;C ommercial Roofing & Repair;
Elite Pressure Washing & Paver Sealing
Construction Cleaning;Gutter cleaning;Pressure Washing/Ext Building Cleaning
G & A Certified South Roofing
Roofing Contractors/Consultants
Howard Canal View Associates of Sandwich Inc.
Apartment Lease-up | Apartment Leasing;Evictions;Management Consultant;Resident Assistance/ Social Activities;Resident Retention Functions
L.A Valet Trash Collector LLC
Waste Removal
Harry Lim Photography Photography;Multimedia Services
Irrigation Repairs Parts;Landscaping Lawn Maintenance; Lawn/Shrub Spraying JTO Roofing & Solar
Roofing Contractors /Consultants;Commercial Roofing & Repair: Roof & Exterior Cleaning; Solar Energy Juniper
Level Roofing & Solar
Roofing Contractors; Residential Products/Services; Gutter Protection;Solar Energy;Commercial Roofing & Repair
Liberty Interiors, LLC
Multi Family Interior Design;Interior Design;New Construction/Remodel/ Interior Design; Outdoor/ Indoor Furniture;Pool and Patio Furniture
New Supplier Partner Members Continued
Multi Family Pest Control
Exterminators
Red Zone Tactics and Consulting
Access Control Systems;Cameras | CCTV;Safety Awareness Products; Security Systems/Service, Installation & Monitoring
Swift Brothers Plumbing
Backflow Testing & Repair;Heating & Air Conditioning Supplies/Parts;Lift Station;Plumbing Parts/Supplies/Services;Water/ Sewer Sub-metering
Tristar Construction Group
Construction;Flooring Supplies; Remediation /Restoration & Consulting;RestorationFire,Water & WindInsurance
Nimbio Labs Inc.
Access Control Systems;Automatic Access Systems;Gates/Surveillance Systems;Key Control Systems
Roofing Brothers of Florida
Gutter Protection;Roofing Contractors/Consulta nts;Solar Energy
The Greenery, Inc.
Landscaping/Lawn Maintenance;Shrub Spraying;Mulch;Irrigati on Repairs/Parts
Verifast
Pre-Employment/Resident Screening;Resident Screening;Drug Testing/Background Checks;Software Solutions
NV5, Inc.
Armed Security;Security Services/On-Site;Security Systems/Service, Installation & Monitoring
Rotolo Consultants, Inc.
Landscaping/Lawn Maintenance;Landscaping Consulting;Lawn/Shrub Spraying;Irrigation Repairs/Parts
The Pool Specialist
Pressure Washing/Ext Building Cleaning; Swimming Pool Repairs & Renovations
Waste Connections of Florida
Waste Removal; Waste/Recycling/Specialty /Consulting
ParkM
Parking Lot Maintenance
SECWorldwide & Associates LLC
Patrol Services;Security Services/On-Site;Unarmed security;Vehicle patrol services
Top Notch Lawn Care
Landscaping/Lawn Maintenance;Shrub Spraying;Mulch;Irrigati on Repairs/Parts
Wind Fire and Water LLC
Bulk Waste Removal;Cleaning Services;Emergency Repairs;Fencing; Maintenance Repairs
Q3 EDUCATION CALENDAR
Q3 EVENTS CALENDAR
17 OCTOBER 8:30 AM - 2:00 PM
aago.org/events/2024mfhs
BUSINESS EXCHANGE
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ADVOCACYUPDATE: PROTECTINGTHEAPARTMENTINDUSTRYINCENTRALFLORIDA
By Johnmichael Fernandez, Director of Local Government Affairs
AAGO has been hard at work fighting for and protecting the apartment industry in the central Florida region. Take a look at some of the actions we have taken to address housing affordability and ensure the apartment industry is the voice of reason in the face of unreasonable policymaking, below.
OSCEOLA COUNTY
The proposed increases were exorbitant and, if approved, would be the highest in Florida. The City and County are attempting to justify these increases by citing “extraordinary circumstances,” which would allow them to bypass state law requiring them to phase in the fee increases.
CITY OF ST. CLOUD PUBLIC ART ORDINANCE
In the fall of 2023, the City of St. Cloud began considering a public art ordinance that would require new developments, including multifamily projects, to contribute 1% of their construction costs or up to $500,000 to a public art fund. Alternatively, developers could contract with a “renowned” artist to incorporate art into their projects. This would have created a public art committee made up of appointed residents to decide what was and wasn’t art. That type of vague policymaking was critical to our opposition. Following discussions with the AAGO Government Affairs and Developers Council, it was clear this ordinance would be burdensome for developers and have damaging effects on housing affordability.
WHERE THIS ISSUE STANDS:
The AAGO government affairs team engaged city staff and several members of the city commission to share the industry’s concerns. Thanks in large part to advocacy efforts, the public art ordinance was defeated by a 3 to 2 vote in July 2024. AAGO continues to prioritize housing affordability and emphasize the impacts of high construction costs. Osceola County and the City of St. Cloud have been pursuing policies and impact fee increases that could significantly affect development in the region.
MOBILITY FEES INCREASES
Osceola County and the City of St. Cloud conducted a joint study on transportation and infrastructure needs. The study found that both the county and municipality would have higher transportation needs due to the increase in population and development.
These fee increases will significantly impact housing development and stifle developers from being able to “make the numbers work” on affordable and workforce housing projects, both of which the county and city desperately need.
WHERE THIS ISSUE STANDS:
These fee increases will significantly impact housing development and stifle developers from being able to “make the numbers work” on affordable and workforce housing projects, both of which the county and city desperately need.
ORANGE COUNTY
RURAL BOUNDARY
These fee increases will significantly impact housing development and stifle developers from being able to “make the numbers work” on affordable and workforce housing projects, both of which the county and city desperately need.
During the 2024 legislative session, SB 1420 was passed preventing the Charter Review Commission from placing a rural boundary measure on the ballot. Consequently, the Board of County Commissioners began working on creating a rural boundary. On July 30th, the Board unanimously voted to place the rural boundary charter amendment on the ballot. The rural boundary will restrict development in most of East Orange County and parts of the west unless a supermajority of county commissioners approve a project.
In 2023, the Florida Apartment Association (FAA) was instrumental in the passage of the Live Local Act, which provided historic funding while implementing creative solutions like property tax discounts.
The Missing Middle Market property tax incentive offers a 75% exemption for units rented to households earning between 80% and 120% of the area median income (AMI).
However, during the 2024 legislative session, a major change allowed local governments and other taxing authorities to opt out of the property tax exemption. To do so, local governments must adopt a resolution with a supermajority and demonstrate that their county or city has a surplus of housing for the 80% to 120% AMI range using data from the Shimberg Center. Many cities and counties have opted out, raising concerns about continued housing affordability challenges.
AAGO has engaged with each local government opting out of the property tax exemption, as this will have a lasting impact on the housing supply for those earning between 80% and 120% of AMI.
Whether at St Cloud City Hall or the Florida Capitol, the AAGO government affairs team appreciates the support of our members in our advocacy efforts For more information on these topics or to get involved in our advocacy efforts, please contact Johnmichael Fernandez, Director of Local Government Affairs, at Johnmichael@faahq.org.
An Education Savings Program
Written by Kevin Knight
In a recent case, Alicia M. Joerger and Shannon M. Mahon (“Tenants”) found themselves embroiled in a legal battle with Lake Alfred Place, LLC (“Landlord”) over overdue rent. What ensued was a legal tussle that led to a default judgment of possession in favor of the Landlord. However, the Sixth District Court of Florida reversed this decision due to a crucial error made by the trial court: the failure to conduct a hearing on the Tenants' motion to determine rent.
BACKGROUND:
The dispute arose when the Landlord sent a three-day notice to Tenants demanding overdue rent or possession of the property. Subsequently, the Landlord initiated eviction proceedings when the Tenants failed to comply. In response, the Tenants admitted owing rent but disputed the amount. They filed a motion to determine rent, as permitted by Florida Statute § 83.60(2), attaching supporting documentation.
LEGAL PROCEEDINGS:
Despite the Tenants' timely filing of the motion, the trial court entered a default judgment in favor of the Landlord without conducting a hearing on the motion to determine rent. This action, as per the Sixth District Court's ruling, was in violation of statutory requirements. Section 83.60(2) of the Florida Statutes mandates that tenants who dispute the amount of rent must file a motion to determine rent, and the court must conduct a hearing to make a rent determination.
The error was compounded when the trial court denied the Tenants' motion for reconsideration without elaboration. This failure to address the Tenants' concerns further underscored the procedural irregularity in the eviction process.
LEGAL ANALYSIS:
The crux of the matter lies in the interpretation and application of Section 83.60(2) of the Florida Statutes. This statute outlines the procedure for tenants disputing rent in eviction cases. It provides tenants with the opportunity to challenge the amount of rent owed through a motion to determine rent, which triggers a mandatory hearing by the court.
CONCLUSION:
TIn conclusion, the Sixth District Court of Florida's reversal of the default judgment highlights the importance of procedural fairness in landlord-tenant disputes
The failure to conduct a hearing on the Tenants' motion to determine rent amounted to a violation of statutory rights and due process. As such, the case serves as a reminder of the need for courts to uphold procedural requirements to ensure equitable outcomes in eviction proceedings.
Ultimately, the decision to reverse the default judgment and remand for further proceedings underscores the judiciary's commitment to upholding the rule of law and protecting the rights of all parties involved in legal disputes
2024 CHARITY PARTNERS
