The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . rent escalation clause of the Lease is void and unenforceable as against public policy under Section 718.4015 . . . unit after June 4, 1975, can assert that a novation was made that would make the provision of Section 718.4015 . . . Stat. § 718.4015. . . . Section 718.4015 of the Florida Statutes declares that certain rent escalation clauses in condominium . . . However, the Florida Supreme Court has held that Section 718.4015 of the Florida Statutes does not apply . . .
. . . . § 718.4015. . . .
. . . It created sections 718.4015 and 719.4015, which declare it to be the public policy of the state to prohibit . . . used facilities” serving residential condominiums and cooperatives, declaring such clauses void. §§ 718.4015 . . .
. . . Mai-son Grande asserted that the escalation provision was void under section 718.4015(2), Florida Statutes . . .
. . . increases were prohibited by section 718.401, Florida Statutes (1987), subsequently renumbered section 718.4015 . . . subleases, appellees filed a declaratory judgment action to determine the applicability of section 718.4015 . . . trial, the lower court entered a partial summary judgment in favor of appellees, finding that section 718.4015 . . . the contention that enforcement of the rent escalation provision is barred by the statute, section 718.4015 . . . Case, 342 So.2d 815 (Fla.1976) (retroactive application of predecessor to section 718.4015 would violate . . .
. . . .2d 815 (Fla.1976), in which we held that the retroactive application of the predecessor to section 718.4015 . . . Until the trial court declared section 718.4015 unconstitutional, the statute was valid and the escalation . . . Grande that its nonperformance of the escalation clause up to the time the trial court declared section 718.4015 . . . not liable to Dorten for attorneys’ fees and costs associated with Dorten’s effort to have section 718.4015 . . .
. . . On July 1, 1988, section 718.401(8) was replaced by the virtually identical section 718.4015(1). . . . Section 718.4015 again prohibited escalation clauses and applied the prohibition to all existing or future . . . Dorten sued Maison Grande seeking a declaration that section 718.4015 violated Article I, section 10, . . . granted Dorten’s motion for summary judgment on the count for declaratory relief, declaring section 718.4015 . . . In Golden Glades, the court held that section 718.4015 did not prohibit the enforcement of an escalation . . .
. . . The second approach is to rely on the statute now codified as section 718.4015, Florida Statutes (1989 . . . The critical question under section 718.4015 and predecessor statutes, however, is whether the statutory . . . of trial the legislature enacted Chapters 88-148 and 88-225, Laws of Florida, which created section 718.4015 . . . Portions of section 718.4015 were transferred from subsection 718.401(8), Florida Statutes (1987), which . . . Since section 718.4015 is merely an alternative avenue to reach the same destination, we need not determine . . .
. . . Subsequent to the district court’s decision, the legislature enacted section 718.4015, Florida Statutes . . . Further, the legislature amended section 718.4015 in 1989 to clarify its 1988 enactment. . . . We rephrase the certified question as follows: TO WHAT EXTENT DOES SECTION 718.4015(2), FLORIDA STATUTES . . . In 1988, the legislature created section 718.4015 to modify what was previously set forth in section . . . In 1989, the legislature amended section 718.4015 by chapter 89-164, Laws of Florida, to clarify its . . .
. . . This statute was renumbered as section 718.4015 in 1988 and has been amended since 1975. . . .
. . . Third District Court of Appeal stated that: Chapter 88-225, Laws of Florida (codified at Fla.Stat. 718.4015 . . . Section 718.4015(2) states that “[t]he application of this section [voiding rental escalation clauses . . .