Senate Bill to make it easier for Eviction in Miami Fails
A proposed change in the law for Florida State Senate to press for evictions to move through the courts faster was supposed to help landlords from deadbeat tenants. The Florida law would have taken some of the burden off the landlord for tenants that try and work the system so they can stay there for free. This attitude is becoming more and more prevalent as people look more and more towards a welfare state than trying to find work.
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This bill did not pass the legislature as it died in the Rules committee. They kept the tenant eviction process the same and the information required continues to be stringent. This was a defeat for the landlord and a win for the deadbeat tenant who wants to game the system. Therefore the need for an attorney’s help is still very strong.
So the Eviction Procedures stay the same as well as the Eviction Notice Letter.
Here is the law as it was proposed.
Miami Tenant Eviction Laws
A measure aimed at speeding up tenant evictions in Miami-Dade moved through the Florida Senate Community Affairs panel, but not after opponents said the bill is unnecessary.
Senate Bill 426, sponsored by Sen. Jack Latvala, R-St. Petersburg, would allow private process servers to deliver tenants the final order evicting them from their homes. Tenants would then have 24 hours to leave their homes. Evictions would still be supervised by the local sheriff’s department.
The proposed legislation is targeted at Miami-Dade, where a backlog of evictions has reportedly led to cases where it has taken more than 30 days for a final eviction order to be processed and delivered.
The problem, the Florida Sheriffs Association said, is that that is not the case anywhere else — and even in Miami-Dade, the typical turnaround time is not that long.
“It really is a bill seeking a problem,” said the FSA’s Frank Messersmith.
He enumerated problems with the bill, including that bringing in private servers would delay eviction orders further and that, because law enforcement would no longer be responsible for delivering the orders, they could not guarantee that they would be correctly posted. That could open up sherriff’s departments to liability.
And delivering eviction orders can be dangerous, sherriffs and Florida Legal Services said.
The committee moved the bill forward with a unanimous vote, albeit with Latvala saying he would be open to tweaks.
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UPDATE: This bill did not pass