The House Civil Justice and Claims Subcommittee advanced a bill that seeks to permit electronic communications for landlords.

Deltona Republican Rep. Tiffany Esposito filed the measure (HB 615) that would allow property owners to notify their tenants through electronic means.

While the legislation seeks to move rental market communications into the modern era, it was met with questions from committee members concerning whether tenants would be declined a rental if they don’t choose to opt in, or when a notice period would begin if an eviction notice was delivered via email.

Esposito said she would be open to having discussions with committee members around clarifying some of the language and ensure that less tech-savvy tenants would still be able to get communications from their landlords.

“We’re trying to give both tenants and landlords options for communications preferences, because we currently have a similar issue with printed notices,” Esposito said. “If a printed notice is left, or an emailed notice is sent, the timelines still apply, and we have the same problem. So, it’s up to the tenant whether they want to opt in to electronic delivery or not.”

North Miami Democratic Rep. Dotie Joseph had procedural concerns around the bill and if there could be provisions made that would allow electronic notices to have an acknowledgement that the notice has been received.

Jackson Oberlink, representing Florida Rising, opposed the bill and told the committee that it would put certain tenants at a disadvantage if it was passed without certain amendments first being made.

“While I appreciate that the intent of this bill is to modernize landlord-tenant communication, this bill as written creates an imbalance that disproportionately harms tenants,” Oberlink said.

“We hope to work with the sponsor to improve it and urge you to consider amendments that ensure fairness and electronic notices. The bill allows landlords to send eviction and security deposit claims via email but does not grant tenants the same right.”

Oberlink noted that states such as Nebraska and Oregon allow both parties to use email for official notices and said it is a policy that Florida should adopt as well. Other states also include opt-out options to safeguard vulnerable renters. Oberlink noted that an amendment should be included that requires the use of email services that confirm the notice has been received.

“Tenants may feel pressured to consent to email delivery as a condition of them securing housing. Oregon requires email agreements be signed after a lease begins, allowing informed consent,” Oberlink said. “Florida should adopt a similar safeguard. These are practical amendments that uphold the bill’s goal of modernizing communication while preventing wrongful evictions and financial harm to tenants.”

Jonathan Webber, Policy Director with the Southern Poverty Law Center, opposed the bill and said emails should not be used for something as important as an eviction notice.

“I urge you to vote ‘no’ on this bill. Our primary concern lies with the email communication provision,” Webber said.

“Email should never be the sole method for delivering a notice as serious or life-altering as an eviction. … We’re also concerned that the email opt-in, the addendum itself, could easily get lost in the overall rental agreement moment. Lease agreements are notoriously long and complicated. New tenants are often overwhelmed with paperwork and logistics on move in day. Choosing the right email for eviction notices is not likely to be on top of mind at that moment.”

Webber noted that tenants could become victims of scammers.

“This provision could make vulnerable renters an easy target for bad actors, or conversely, email is so tainted with scammers, that a tenant may see a real email from their landlord and not trust that it’s authentic. While I support going paperless whenever possible, some communications are simply important to rely on email alone, even if one signs the addendum.”

Port Charlotte Republican Rep. Danny Nix supported the bill and offered a different point of view as a former property management company owner.

“As a Realtor, as well as someone who owned a property management company and sold it, I want to thank you for bringing this bill,” Nix said.

“I cannot agree more that renters need rights. But what I will tell you is, owners need rights as well. They’re the ones that are taking their … capital and putting it into properties to allow individuals to have a place to live. Currently in this market, you’ll see they’re exactly right, there is no opt-in or opt-out. It’s, ‘I want you to do this, or I’ll rent it to someone else.’ And that’s a private property right.”

Ultimately, the committee passed the bill by a vote of 12-4, and it will now go before the Housing, Agriculture & Tourism Subcommittee.

Post Views: 0

An organization monitoring public policy in Florida is advocating for the state to establish a Criminal Justice Commission to help improve the prison system.

The Florida Public Policy Project laid out the need for such a Commission this week, detailing the elements of the board and why it should be established. A position paper is being circulated among state lawmakers as the Legislature is in the middle of its Regular Session.

The report highlights comments from Department of Corrections (FDC) Secretary Ricky Dixon in recent legislative committees looking into improving corrections facilities. Dixon testified that more than half of the state’s corrections officers have fewer than two years of experience, and about 70% of those officers have fewer than three years of work in the field.

“That keeps me up at night,” Dixon said during legislative committee testimony. “The inmates have much more experience than they do.”

The Florida Public Policy Project has declared that the state is in a “corrections crisis.” Given that, the corrections system needs an oversight board to improve conditions and upgrades to the prison system.

“A commission would include appointments from the department secretary, attorney general, legislative leaders, and the governor, with additional seats for academic researchers, community advocates, and elected legislators,” said a position paper issued by the Florida Public Policy Project.

The Project referred to a study produced by KPMG that was completed in 2023 and cost $2.3 million. The report analyzed the state of Florida’s corrections system and suggested improvements over the next two decades. Some of the main suggestions included addressing workforce shortages and planning for improved corrections facilities.

The study also specifically recommended that Florida establish a Criminal Justice Commission. The report said the panel should be patterned from boards that already exist in such states as Texas, Ohio and Georgia, and that a Commission would be able to usher in sustainability programs that would benefit the Florida corrections system over the long term.

The KPMG report added that Florida should spend an estimated $2.2 billion on capital improvements to physical facilities and hiring thousands of additional employees.

The Florida Public Policy Project acknowledged that the state has started to address some of the issues recommended, but not many. The state has increased pay for correctional officers and has committed $100 million toward repairs and maintenance of facilities. But there is much more work to be done.

“This is merely a starting point. Immediate action is necessary,” the Florida Public Policy position paper said. “The DOC is overwhelmed by daily operational challenges, making it impossible to execute and develop a 20-year strategic plan without outside support. A Criminal Justice Commission could ensure oversight and planning.”

Post Views: 0