LEGAL UPDATE: BROKER LEIN LAW 2005

The Florida Legislature is in session and the broker lien law has been re-introduced as a pending bill. Trey Goldman, Florida Association of Realtors ("FAR"), reports that FAR and the Florida Bar Association Real Property Section are collaborating on a new bill.. The Bar and FAR have agreed in principal that the laws of Florida should provide real estate brokers with a claim against the proceeds of a purchase and sale transaction as well as a claim against the real property in a lease transaction.

The bill supported by FAR and the Real Property Section will do two things. First it will provide the commercial real estate broker with both a claim against sale closing proceeds (such as by constructive trust) and a lien against the real property to secure payment of deferred leasing commissions. There will be more to follow as the Legislature processes this important proposed legislation.


Wm. R. Middelthon, jr.
Ferrell Schultz Carter & Fertel, P.A.
Miami Center, 34th Floor
201 South Biscayne Boulevard
Miami, Florida 33131
(305) 371 - 8585 [telephone]
(305) 371 - 5732 [facsimile]
wrm@ferrellschultz.com [email]

  NEWS FOR IADC MEMBERS:
  GOVERNOR VETOES SB 2572

On June 30th 2004, Governor Bush vetoed SB 2572, which would have exempted Miami-Dade County public Schools from the provision of state law prohibiting the location of schools in the flight path of airports. This was the bill that would have allowed the City of Doral and the Miami-Dade School Board to allow a charter school within the Americas' Gateway Park at 87th Avenue and 21st Terrace.

IADC passed a resolution in strong opposition (which was duplicated with permission by other organizations) and forwarded it to the Governor, the Miami-Dade Board of County Commissioners, The Miami-Dade County School Board and the City of Doral.

At the request of President Mike Silver and the IADC Board, Immediate Past President Horacio Stuart Aguirre took a leadership role in advocating against the bill and the placement of charter schools in industrial and commercial zoned areas. He represented the IADC at many meetings with all of the above-mentioned governmental entities testifying as to the negative financial impact on the Industrial real estate sector that this bill would have created by allowing schools in these areas. IADC opposed the bill in that it would have caused lost business to the cargo industry in the Airport West Industrial area due to traffic delays, and would have compromised the safety of the children and their parents having to negotiate 40-foot tractor-trailers in heavy traffic.

This was a very successful effort to which many people have made extremely valuable contributions including Jim Shapiro and Lynn M. Summers representing the Peter Lawrence Company, Lin Watts, on behalf of the Association of Floral Importers of Florida, and several senior MIA staff members.

Nick Kallergis