The 2023 Florida Statutes (including Special Session C)
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. . . may be created on land owned in fee simple or held under a lease complying with the provisions of s. 718.401 . . .
. . . stating that the declarations were being enacted pursuant to the Condominium Act of Florida, section 718.401 . . .
. . . stating that the declarations were being enacted pursuant to the Condominium Act of Florida, section 718.401 . . .
. . . They note that section 718.401(1), Florida Statutes (2005), provides that for a declaration of condominium . . .
. . . In Hovnanian, the court examined whether section 718.401, Florida Statutes, invalidated an escalation . . .
. . . directors, Gerzina and Glover, the trial court relied upon two alternative theories: first, section 718.401 . . . the disgorgement of the corporate opportunity, we do not find it necessary to address whether section 718.401 . . . Section 718.401 (l)(f) provides in pertinent part: (f)l. . . .
. . . motion for an order requiring the rent payments to be made into the court registry pursuant to section 718.401 . . . Section 718.401(l)(d)l provides in part: In any action by the lessor to enforce a lien for rent payable . . .
. . . the court to order the association to pay the rent into the registry of the court pursuant to section 718.401 . . .
. . . See § 718.401(l)(d)l., Fla. Stat. (1993). . . .
. . . Basse, 375 So.2d 290 (Fla. 2d DCA 1979): [§ 718.401(4)(1) ] contemplates the establishment of a secured . . .
. . . It was their belief that the increases were prohibited by section 718.401, Florida Statutes (1987), subsequently . . .
. . . Effective January 1, 1977, chapter 711 was replaced by chapter 718; section 718.401(8)(a) recodified . . . On July 1, 1988, section 718.401(8) was replaced by the virtually identical section 718.4015(1). . . .
. . . . § 718.401, the government must bear the cost of the medical tests necessary to support the claim: “ . . .
. . . challenge to the escalation clause, brought after the 1984 escalation, was based solely on section 718.401 . . . Security Management Corp., 557 So.2d 1350 (Fla.1990) clarifies the enforceability of section 718.401( . . .
. . . challenge to the escalation clause, brought after the 1984 escalation, was based solely on section 718.401 . . . Security Management Cory., 557 So.2d 1350 (Fla.1990) clarifies the enforceability of section 718.401( . . .
. . . Portions of section 718.4015 were transferred from subsection 718.401(8), Florida Statutes (1987), which . . . and 88-225, section 2, Laws of Florida, transferred (with amendments) what was previously subsection 718.401 . . . It was transferred in amended form to section 718.401(8), Florida Statutes (Supp.1976) by chapter 76- . . .
. . . Appeal certified the following question as one of great public importance: TO WHAT EXTENT DOES SECTION 718.401 . . . legislature enacted section 718.4015, Florida Statutes (Supp. 1988), which included the provisions of section 718.401 . . . Relying on those two decisions, it held that “section 718.401(8), Florida Statutes (1985), previously . . . Section 718.401, Florida Statutes (1985), provided, in pertinent part: (8)(a) It is declared that the . . . This statute was renumbered in 1976 as section 718.401. . . . .
. . . relief of deposit of the long term lease rentals into the registry of the court pursuant to section 718.401 . . . Pursuant to section 718.401(4)(a), Florida Statutes (1987), a nonfinal order required rent to be paid . . . The main issue on appeal calls into question the constitutionality of section 718.401(4)(a), Florida . . . Basse, 375 So.2d 290 (Fla. 2d DCA 1979): [§ 718.401(4)(i) ] contemplates the establishment of. a secured . . . Pomponio was concerned with an earlier version of the statute now under consideration: section 718.401 . . .
. . . Appellants’ contention that section 718.401(8), Florida Statutes (1985) renders the subject lease provisions . . . Florida (codified at Fla.Stat. 718.4015 (1988)), which became effective October 1, 1988, repealed section 718.401 . . .
. . . Wythe, 126 So.2d 283 (Fla. 2d DCA 1961); Sections 679.104(10), 718.104(1), 718.107, and 718.401, Florida . . .
. . . escalation clause in the subject Recreation Lease is one of the kind declared void and unenforceable by § 718.401 . . . Section 718.401(8)(a), Fla.Stat. (1985), provides: It is declared that the public policy of this state . . .
. . . See § 718.401(4), Fla.Stat. (1985); Farrell v. . . .
. . . involve rent escalation clauses in condominium recreation leases and both of which hold that section 718.401 . . . Florida supreme court the following question of great public importance: TO WHAT EXTENT DOES SECTION 718.401 . . .
. . . In 1975, the Condominium Act was amended by the addition of section 711.231 [renumbered section 718.401 . . .
. . . lease was entered into prior to the effective date of Section 711.231, Florida Statutes (1975) [now § 718.401 . . .
. . . At issue in Cove Club Investors was whether section 718.401(8), Florida Statutes (1977), applied. . . . In that case, the applicability of both section 718.401(4) and section 718.401(8)(a) was at issue. . . .
. . . Under Section 718.401, Fla. . . .
. . . Accordingly, the associations argue, the condominium ground leases are governed by section 718.401(8) . . . Angora where a pre-1975 declaration of condominium and ground lease were found to be subject to section 718.401 . . .
. . . . §§ 718.101, 718.401, 725.405, 725.456(e) (1983). 2. Pulmonary function study results. . . .
. . . division to find that an assignment of a master sublease effected a novation, thereby making section 718.401 . . . On the merits the Division determined that Section 718.401(8), Florida Statutes (Supp.1976), bars the . . . Resulting was a new obligation owed by San Souci, and the applicability of section 718.401(8) to the . . . Accordingly, the division declared, pursuant to section 120.565, that by virtue of section 718.401(8) . . . Absent a finding of a new contract, the application of section 718.401(8), effective January 1, 1977, . . .
. . . Appellants now challenge the unen-forceability of the rent escalation clause, arguing that section 718.401 . . . Section 718.401(8)(a), formerly section 711.231, became effective June 4,1975, specifically prohibiting . . . Recently, the supreme court approved the application of section 718.401(8)(a) to a recreational facilities . . . Therefore, as in Angora, application of section 718.401(4) is not unconstitutional. . . . Section 718.401(8)(a) “prohibits the inclusion or enforcement of escalation clauses” in facilities leases . . .
. . . Appellants have not argued on appeal that section 718.401, Florida Statutes (1981), is applicable. . . . Section 718.401 declares void for public policy reasons the inclusion or enforcement of escalation clauses . . .
. . . The various recreational leases were executed prior to the effective date of Section 718.401(8)(a), Florida . . .
. . . provision in a recreational agreement attached to a declaration of condominium was governed by section 718.401 . . . The complaint sought to invalidate a rental escalation clause of the type addressed in section 718.401 . . . In 1975, the legislature passed section 711.231, Florida Statutes (now section 718.401(8)), declaring . . . Since it did not agree to be bound by the Act, section 718.401(8), Florida Statutes, will not touch the . . . ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, McDonald and EHRLICH, JJ., concur. . § 718.401(8)(a), Fla.Stat . . .
. . . following questions: (1) Whether the lessor expressly consented to the incorporation of Florida Statute 718.401 . . . It was coupled with a motion to pay the rent into the registry of the court as provided by section 718.401 . . . Petitioner Kosow sought disbursement of the funds to make payment on the mortgage under section 718.401 . . . to decide whether or not the petitioner lessor expressly consented to the incorporation of section 718.401 . . . The two sections under discussion are as follows: § 718.401, Fla.Stat. (1977) (4)(a) In any action by . . .
. . . Section 718.401(8), Florida Statutes (1981), which prohibits rental escalation clauses in leases for . . . Section 718.401(8)(a), Florida Statutes (1981), which is the renumbered version of Section 711.231, provides . . .
. . . to collect the rent, and Fairways paid the disputed rent to the Court Registry pursuant to section 718.401 . . . After the Florida Supreme Court declared section 718.401(4) unconstitutional, Hasam was paid the rents . . . Pursuant to section 718.401(4), the lessee deposited rental payments into the court registry pending . . . Lessor then appealed, asserting the unconstitutionality of section 718.401(4), and asked for attorneys . . . thus the invocation of the attorneys’ fees clause, was prompted by the state law as set out in section 718.401 . . .
. . . The condominium unit owners sought a declaratory statement as to the applicability of Section 718.401 . . . The appellant contends that the leases do not fall within the regulatory perimeters of Section 718.401 . . . The conclusions of law by the Division include a determination that Section 718.401(8), effective as . . . Section 718.401(8)(a), Florida Statutes (1981), quite clearly states the inclusion or enforcement of . . . Although the Division’s determination was based upon Section 718.401(8), Florida Statutes (Supp.1976) . . .
. . . .” § 718.401(8)(a), Fla.Stat. (1981). . . . . § 718.401(8)(a), Fla.Stat. (1981); Fleeman v. Case, 342 So.2d 815 (Fla.1976). . . . applied, unlike this case, to leases entered into subsequent to the effective date of the statute, § 718.401 . . .
. . . In June appellants moved the court, pursuant to section 718.401(4), Florida Statutes (1977), to enter . . . Appellees took an interlocutory appeal to the supreme court challenging the constitutionality of section 718.401 . . .
. . . The trial court determined that Section 718.401(4), Florida Statutes (1979), which requires such deposits . . . We affirm by holding that Section 718.401(4) is unconstitutional as applied to the facts of this case . . . After a hearing, the court, finding Section 718.401(4) unconstitutional, granted the motion. .This appeal . . . All of the parties agree that the Florida Supreme Court declared Section 718.401(4) unconstitutional . . . According to the Pomponio decision, therefore, Section 718.401(4) would constitute an unconstitutional . . .
. . . Under the provisions of Section 718.401(6)(C), Florida Statutes (1979), all that is needed to exercise . . .
. . . considered is the question of whether the particular “agreement” here involved is encompassed by Section 718.401 . . . the escalation provision is enforceable and that the recreation agreement is not governed by Section 718.401 . . . Accordingly, Section 718.401(8) is applicable and the escalation clause unenforceable. . . . second question of whether the particular “recreation agreement” in this case is subject to Section 718.401 . . . To us that is exactly where Section 718.401(8) is aimed and the cat simply cannot be skinned another . . .
. . . judge’s order permitting disbursement of moneys held in the registry of the court pursuant to Section 718.401 . . . (4) and 718.401(8), Florida Statutes (1977). . . . We thus decide that Section 718.401(4) is applicable and enforceable under the facts of the instant case . . . As we have seen, Section 718.401(4) also provides for disbursement of funds “shown to be necessary for . . . Section 711.63(4) was, of course, the precursor to Section 718.401(4). . . .
. . . .-57, Florida Statutes, the hearing officer found that the clause was violative of § 718.401(8) and recommended . . . Appellant makes essentially two arguments: (1) that § 718.401(8) was applied retroactively in this case . . . We find that the application of § 718.401(8) to invalidate enforcement of the escalation clause was not . . . Since Condo No. 18 could not be bound to the lease except through the declaration, § 718.401(8) would . . . This would be contrary to the legislative intent of § 718.401(8). . . .
. . . Pursuant to Section 718.401(4), Florida Statutes (1979), Coral Isle East Condominium and Coral Isle West . . . Snyder as lessor moved to declare Section 718.401(4), Florida Statutes (1979) unconstitutional on the . . . By order of June 4, 1980 the Dade County Circuit Court declared that Section 718.401(4), Florida Statutes . . . In Century Village, supra, the supreme court held that where Section 711.-63(4), now Section 718.401( . . . Because we find that Section 718.401(4), Florida Statutes (1979) is incorporated into the declaration . . .
. . . order of March 20, 1980, which requires the Association to make certain payments pursuant to section 718.401 . . . This motion was made pursuant to section 718.401(4), Florida Statutes (1979), the application of which . . . Subsequent to these stipulations, the Florida Supreme Court held that application of section 718.401( . . . There was no express consent to the incorporation of section 718.401(4) into the terms of the lease. . . . Consequently, retroactive application of section 718.401(4) to this lease was improper. . . .
. . . Currently, Section 718.401(8)(a), Florida Statutes (1979) encompasses the section referring to escalation . . .
. . . This account has no connection with the deposit of rent into the court registry required by Section 718.401 . . .
. . . Condominium, Inc., 378 So.2d 774 (Fla.1980), the Supreme Court held the statute in question, Section 718.401 . . . The court contrasted deposits under Section 718.401(4), Florida Statutes (1977), with deposits under . . .
. . . Because of our construction of section 28.33, I must agree that section 718.401(4), which mandates the . . . The fact that section 718.401(4) has the effect of mandating the forfeiture of interest earned- on rents . . . As required by section 718.401(4), the trial court granted the Association and unit owners’ motion to . . . Section 718.401(4), of course, does more than provide a procedure for the deposit of rents subject to . . . The degree of impairment created by section 718.401(4) is confined to amounts deemed by the legislature . . . ALDERMAN, J., dissents. .Section 718.401(4) provides: In any action by the lessor to enforce a lien for . . . Section 718.401(4) provides that the “unit owner or association shall pay [rents] into the registry of . . .
. . . Florida Statutes (1975), was repealed at the time the subsequent (present) statutory prohibition, Section 718.401 . . . The appellants argue that this is so, because to hold otherwise would give Section 718.401(8), Florida . . . different form to postpone the effective date of the prohibition to January 1, 1977, the date Section 718.401 . . .
. . . Basically, the order in question provided for the deposit of rent monies pursuant to Section 718.401( . . .
. . . The only question before us and the only one decided by this opinion is whether Section 718.401(4) is . . . Section 718.401(4), Florida Statutes (1978 Supp.) provides: In any action by the lessor to enforce a . . . trial court for entry of an order requiring respondents to deposit all rents in compliance with Section 718.401 . . .
. . . At issue is § 718.401(4) Fla.Stat., which provides in relevant part: “If the unit owner initiates any . . . Plaintiffs filed a motion to deposit all rent money into the registry of the court pursuant to § 718.401 . . .
. . . recreational lease into the Registry of the Court pursuant to Section 711.63(4), Florida Statutes (1975) (now 718.401 . . .
. . . . §§ 718.302(3) and 718.401(8) [formerly 711.231] which prohibits escalation clauses in condominium leases . . .
. . . Section 718.401(4), Florida Statutes (Supp. 1976) provides: In any action by the lessor to enforce a . . .
. . . granting Appellees' petition for withdrawal of rental deposits from the court registry pursuant to Section 718.401 . . . depositing monthly rentals due under the recreation lease into the court registry as permitted by Section 718.401 . . . Appellees petitioned for withdrawal of the deposited funds from the registry, alleging that Section 718.401 . . . The lower court declined to rule on the constitutionality of Section 718.401(4), Florida Statutes (1977 . . . found that the evidence showed that the deposited funds were needed for purposes set forth in Section 718.401 . . .
. . . The lessees, pursuant to Section 718.401(4), Florida Statutes (Supp.1976), seek the right during the . . . attributable to the escalation clauses are also subject to disbursement under the provisions of Section 718.401 . . .
. . . . § 718.401(8) (Supp.1977) (West), which declares void as against public policy escalation clauses in . . .