Latest news with #FloridaDepartmentofBusinessandProfessionalRegulation
Yahoo
12-06-2025
- Business
- Yahoo
Thousands of Florida homeowners scammed by MV Realty could soon get justice
A South Florida real estate brokerage accused of trapping thousands of Florida homeowners into fraudulent contracts is now cancelling those agreements in accordance with a February ruling from a Hillsborough County judge. More than 9,000 Floridians signed 'homeowner benefit agreements' with MV Realty, giving the company the exclusive rights to list their homes. Many did not realize that those contracts lasted 40 years and allowed MV Realty to place a lien on their homes if they listed with another brokerage. The only way to get out of it was to pay a fee equivalent to 3% of the property's value. After the Tampa Bay Times reported on the scheme in 2022, the Florida Attorney General sued MV Realty over its deceptive business practices. In February, Circuit Court Judge Darren D. Farfante ordered the company to terminate any existing homeowner benefit agreements within 14 days. That didn't happen. In court filings, the Attorney General said the company violated the judge's injunction by changing the language in some of its contracts instead of terminating them fully. But now, MV Realty is starting to cancel the agreements. Since March, it has filed paperwork to terminate more than 1,000 contracts in Hillsborough, Pinellas and Pasco counties. Charles Gallagher, a St. Petersburg attorney who has represented several clients in cases against MV Realty, said this is helping to correct a 'stain on the public record,' that's prevented homeowners from selling their properties and taking out loans. 'You're kind of kidnapped in a way until those documents of record are terminated,' he said. 'So this is a super positive outcome for homeowners.' Some homeowners have already paid a fee to MV Realty to get out of their contracts. Gallagher said the judge's ruling does not entitle them to a refund, but it does give them a strong legal argument if they wanted to sue MV Realty to get their money back. The Florida Department of Business and Professional Regulation has suspended MV Realty's license, so it can no longer do business in the state. The Attorney General's lawsuit is still ongoing as MV Realty tries to convince the judge to dismiss two of the claims over deceptive advertising. Neither MV Realty nor the Attorney General's Office responded to requests for comment from the Times. Though the company is still continuing to operate unfettered in several other states, in Florida, 'I think this is the end of the line for them.' Gallagher said. 'I don't think they're going to be able to hurt homeowners again.'
Yahoo
10-06-2025
- Business
- Yahoo
Pinellas asked vacation rentals to play by the rules. A lawsuit is brewing.
Pinellas County officials are hoping to finally clamp down on vacation rentals where unattended trash and loud parties have drawn scorn from neighbors. But one attorney is already threatening to sue the county over the crackdown. Keith Brady, a vacation rental attorney, said that owners and managers of more than 50 rentals have approached him, concerned they'll lose so much income that they'll no longer break even. Pinellas is requiring vacation rental owners living in its unincorporated areas to register for a certificate of use and safety inspection, which costs $600 the first year. It's not the registration component that Brady and the rental owners object to, but a 10-person occupancy limit, on the books since 2018, that could now see stricter enforcement. Brady said owners of seven-bedroom homes were counting on renting out to 16 at a time to pay for monthly mortgage payments. The possible lawsuit against Pinellas highlights the blowback communities across the state face when it comes to holding owners accountable for renting out homes on platforms like Airbnb and VRBO. Rental owners routinely respond to local enforcement with legal threats. Perhaps no community better encapsulates the tension between residents and rental owners than Indian Rocks Beach, a town of about 3,600 that has battled nine lawsuits over rules it enacted two years ago. When Indian Rocks Beach passed an ordinance like Pinellas County's in 2023, Matthew Barrowclough decided to sue. The city has faced seven suits from rental owners, though only one is moving forward. Barrowclough owns four rental units in the city. He says he pays thousands in taxes — but won't pay more to a registration program, costing $450 the first year, that would require him to submit to a city inspection. He also objects to the city's 10-person limit. Barrowclough says Indian Rocks Beach isn't allowed to inspect his home. That authority, he argues, is reserved for the Florida Department of Business and Professional Regulation. He also says the new ordinance illegally treats his rentals as a business, running afoul of past court rulings in the state. Barrowclough's lawsuit stalled, and Hurricane Helene shifted his focus to monthslong repairs on his flooded properties. Earlier this year, Homes Not Hotels, a group opposing illegal short-term rentals, filed two suits against the city. In one, residents demanded that Indian Rocks Beach enforce its law. A month ago, Barrowclough received a $5,000 fine in the mail for failing to register for the city's vacation rental program. 'There was no urgency to do this,' he said. 'All the rebuilding problems, and this is what they're focusing on.' Last Thursday, Denise Houseberg, mayor of Indian Rocks Beach, sat in a meeting room at the Holiday Inn as Barrowclough argued before a special magistrate that the city has no right to enforce its rental rules against him. While Barrowclough had no luck reducing his fine, he vowed to continue flouting the registration program. He plans to appeal the special magistrate's decision. Houseberg fretted over the prospect of legal appeals. 'Just what we need,' she said. 'More lawsuits.' City Hall has been under construction since Hurricane Helene swamped it eight months ago. Dozens must rebuild their homes. Yet it was the consternation over vacation rentals that drove from office Indian Rocks Beach's city manager and city attorney, Houseberg said. 'Everybody's just sick to death and tired of' the back-and-forth over rentals, Houseberg said. 'In this political arena, you try to tell people the truth, and they're like 'No, that's not the truth.'' Laura Lindsay owns vacation rentals in unincorporated Pinellas County and Indian Rocks Beach. So far, Pinellas is doing everything Lindsay wishes Indian Rocks would have done. The county is offering Zoom trainings and educating owners with a dedicated webpage. Those who do not register by the deadline will receive a warning with almost three weeks of grace before fines begin. 'I was watching this tutorial with Pinellas County ... and it's everything people were asking in Indian Rocks,' Lindsay said. 'You should not have to go digging around' to find information on the new rules. But not everyone is satisfied. Brady says county officials haven't returned his emails and phone calls. He said he doesn't want to resort to a lawsuit — but won't let the 10-person limit go unchallenged. He plans to argue that Florida's fire code doesn't allow localities to regulate occupancy in vacation rentals beyond a standard of 150 square feet per person. With that benchmark, a 4,000-square-foot home could fit 26 people. Brady wants to prod the county to accept a looser standard of two people per bedroom, plus two extra in the living areas, with no hard maximum. 'You've got to give us something reasonable,' Brady said. 'There's no need for a lawsuit. Just take your foot off the gas.' Kevin McAndrew, Pinellas' director of building and development review services, said the new ordinance 'is aligned with the requisite state statutes.' He said state law allows localities to inspect rentals for fire safety and restrict occupancy as they see fit. Neighbor complaints against vacation rentals have been mounting for years, McAndrew said. But Pinellas has struggled to track who's renting out for short-term stays. Past rules were 'entirely ineffective because of the lack of a registration requirement,' McAndrew said. 'There was literally no counting or accountability to how many short-term rentals were operating in unincorporated Pinellas.' Now Pinellas is hiring more code enforcement staff and investing in technology that will track rental listings across platforms. Those who repeatedly violate rules around registration, fire safety, noise and trash could face fines of up to $1,000 per day. Unincorporated Pinellas and Indian Rocks Beach face a particularly frustrating limitation. In 2014, the Legislature told localities they couldn't curtail where vacation rentals operate. Cities that had limited nightly rentals to certain parts of town before 2011, like St. Petersburg and Madeira Beach, could keep those restrictions. Everyone else couldn't. Since that law passed, Airbnb's annual revenue has surged from around $400 million in 2014 to $11.1 billion last year. Local officials estimate there are around 2,000 short-term rental owners in unincorporated Pinellas. There are about 3,300 listings for short-term rentals in Indian Rocks Beach, according to AirDNA, a tracking website, though that count includes duplicate ads. As nightly rental platforms have exploded, resident grievances have piled up. Houseberg said she wants a return to home rule but has little faith the Legislature will ever restore cities' right to forbid vacation rentals in residential neighborhoods. So instead, Indian Rocks Beach and unincorporated Pinellas have turned to aggressive registration programs. Local officials hope that, through inspections and civil penalties, they can compel owners to be good neighbors. Will that solution satisfy everyone? Probably not, Houseberg said. 'It doesn't even matter if (short-term rentals) are perfectly behaved,' Houseberg said. 'They're hated anyway. It's gotten so bad here that people are yelling at them on the street, 'Who are you and why are you here?'' But Houseberg said she's trying to be a mayor for everyone. She hopes she can bring rental owners and fuming neighbors to the table to hash out better compromises. Brady said registration programs make sense for cities going after bad actors. He has little sympathy for people shirking the programs entirely. 'There are vacation rentals that are unlicensed, not registered, they're not inspected, and ... they're not paying their taxes,' Brady said. 'And so the vacation rental owners need to understand, (local governments) have a real need to regulate.'

Yahoo
04-06-2025
- Business
- Yahoo
Rodent droppings atop ice machines, floors covered with ‘slime-like substance': 2 South Florida restaurants shut
Two Palm Beach County restaurants temporarily shut by the state last week had one common issue: rodent droppings on top of their ice machines. Other violations included flies buzzing around a dish-washing area, a lack of hand washing, and floors covered with a 'slime-like substance.' Meanwhile, in Broward County, no restaurants were forced to close because of emergency orders. The South Florida Sun Sentinel typically highlights restaurant inspections conducted by the Florida Department of Business and Professional Regulation in Broward and Palm Beach counties. We cull through inspections that happen weekly and spotlight places ordered shut for 'high-priority violations,' such as improper food temperatures or dead cockroaches. Live roaches in donut prep area, 'dead roaches in spider webs' in kitchen: 2 South Florida restaurants shut Any restaurant that fails a state inspection must stay closed until it passes a follow-up. If you spot a possible violation and wish to file a complaint, contact Florida DBPR. (But please don't contact us: The Sun Sentinel doesn't inspect restaurants.) AJ's American Grill 6316 Lantana Road, Lake Worth Ordered shut: May 28 Why: 20 violations (10 high-priority), including: About four rodent droppings in kitchen 'on top of ice machine' and 'under sink in dish-washing area.' About 10 live flies in kitchen 'in dish-washing area landing on trash can, walls and shelves used to store clean and sanitized dishes' and 'in dry storage area landing on sealed boxes.' 'Server wiped mouth with hand and, without washing hands, server handled tin foil lid to cover to-go container of cooked lobster.' 'Employee handled visibly soiled sanitizer cloth to wipe down table and, without washing hands, employee handled clean and sanitized dishes.' 'Employee entered kitchen through back door and, without washing hands, employee began to handle containers of food at cook line.' Time/temperature issues involved mozzarella, Swiss, cheddar and American cheeses, cooked pasta and rice, Philly steak meat, raw steak, cooked chicken, cooked peppers, cooked mashed potatoes and french onion soup. Floors under dish-washing areas covered with a 'slime-like substance.' Status: Reopened May 29 after a follow-up inspection found no violations. CocoCabana Bar & Grill 2944 S. Jog Road, Greenacres Ordered shut: May 27 Why: Six violations (three high-priority), including: About 17 rodent droppings in kitchen 'under canned goods storage shelves' and on top of and under ice machine, as well as at the bar 'on drip mat with clean and sanitized mini buckets used to serve iced beers' and 'under soda dispenser gun station.' Rodent rub marks in 'kitchen hole in the wall next to ice machine and canned goods storage rack.' 'Raw pork stored directly above open bucket of plantains' in reach-in cooler. Time/temperature issue involved 'large bin of white rice' in reach-in cooler. Status: Reopened May 28 after a follow-up visit found no violations.

Miami Herald
06-05-2025
- Politics
- Miami Herald
Skyscrapers erase what makes Miami Beach unique. State bill is not ‘progress'
Letters to the Editor Skyscrapers erase what makes Miami Beach unique. State bill is not 'progress' | Opinion South Beach's historic Art Deco District. Miami Miami Beach's soul Miami Beach's iconic Art Deco buildings are not just historic — they're the soul of the city. The latest version of Florida's Live Local Act, allowing the demolition of such buildings in favor of high-rise towers, is a slash-and-burn, chainsaw approach disguised as progress. Art Deco's architectural treasures drive tourism, boost the local economy and define our identity. Replacing them with generic skyscrapers would erase what makes Miami Beach unique. Once gone, this heritage cannot be rebuilt. True progress preserves character, not destroys it. I urge our elected officials to stand against this reckless legislation and protect the legacy that sets Miami Beach apart. Rosemary Ravinal, Doral Condo worries The May 4 story, 'How a small Bay Harbor condo met Florida's tough rules,' was excellent. However, there are more associations that fail to work together for the benefit of their community. The Florida Department of Business and Professional Regulation must proactively investigate associations that knowingly try to bankrupt their associations, only to be bought out by a hungry and savvy developer. In one condo in Little Havana, the 'officers' (no elections have been held in years) do not have building insurance, lack proper reserves, have unfinished roof repairs, a malfunctioning elevator and have 'rented' clubhouse space as an apartment to a family member. Condo owners will have nowhere to go when they get hit by a huge assessment. Maria Galvez, Kendall Lawful duty Re: the May 5 article, 'Florida Attorney General digs in against Judge blocking new state immigration law.' To the extent that the federal government has used well known applicable provisions (among them Section 287(g) of the Immigration and Nationality Act) to deputize state and local police officers to assist with immigration compliance, it would appear that Judge Kathleen Williams' order may have a problem. If the law enforcement officers involved were deputized and they performed their duties as the government requested, even if the state statute is flawed, the arrests at issue and their continued assistance to the government would likely be lawful. Robert E. Panoff, Pinecrest Truly, the facts I was beyond delighted to read the May 4 op-ed by Miami Herald editorial board member Mary Anna Mancuso, 'No one is above the law, not even Milwaukee Judge.' The Milwaukee circuit judge, Hannah Dugan, was certainly in violation of her oath to uphold the Constitution and laws of the United States. Mancuso is a true journalist, like those my mature age group was so used to. It was so refreshing to see her common sense, objectivity and moral compass in true journalist fashion. Today's news media generally lean toward political beliefs of their choice with no regard to the truth. They simply distort their stories to suit their political persuasions. Mancuso should be a role model for her professionalism. Lucita L. Moran, Coral Gables Due process Re: the May 4 op-ed, 'No one is above the law, not even Milwaukee Judge.' There have been multiple violations, in the last few months, of the due process clause of the Fifth and Fourteenth Amendments of the U.S. Constitution. Judge Dugan possibly perceived that Flores-Ruiz had not fully been given due process. Is it right to call Dugan a heroine for shielding him? Were there heroes in Europe who helped Jews escape Nazi Germany? Were there heroes in pre-Civil War America who ran the Underground Railroad? Rev. Martin Luther King was arrested ✓29 times in his life. Many consider him a hero in spite of that. Joel Ross, Fort Lauderdale What oath? When asked if it was his duty to uphold the Constitution, President Trump replied, 'I don't know.' I don't know? To quote former tennis pro John McEnroe: 'You can't be serious?' Did the oath of office Trump took mean anything to him? I guess not. Peter M. Brooke, Doral Eyes forward Re: the May 4 story, 'How a Florida driver reacts to seeing a border patrol car could get them pulled over, feds say.' Jeffrey Dinise, chief patrol agent for the U.S. Customs and Border Protection, said that a driver who 'looks away' from a marked unit is suspicious. Perhaps someone should remind Dinise that not keeping eyes on the road is a safety issue. Also, varying one's speed can be due to multiple factors, top among them is keeping up with, or slowing down for, traffic. As a white male, I'll be curious to see if I get stopped the next time I encounter a CBP-marked unit and look away and vary my speed. Scot McCluskey, Davie All to blame Re: U.S. Rep. Maria Elvira Salazar's April 24 op-ed, 'I don't belong in letter claiming inaction on immigration in Miami-Dade.' Perhaps it is true that she was unfairly painted. I fully agree that Democrats share responsibility for our immigration policy mess. However, are Republican Party members blameless? As a Senator, Marco Rubio was part of a bipartisan group to create immigration reform. Not surprisingly, given Rubio's oft-demonstrated lack of a political spine, the minute he received blowback from his GOP colleagues, he abandoned the effort. More recently, during the Biden administration, a bipartisan consensus was reached on immigration reform, only to be tanked by Congressional Republicans when Donald Trump informed them he wanted to run on immigration. During his first 100 days in office, Trump and his executive branch have ridden roughshod over the U.S. Constitution, defying due process rights of immigrants, deporting American citizens and thumbing their nose with impunity at the courts which have tried to apply the brakes to this autocratic insanity. Salazar said that given the atrocities visited on the Cuban people, which is undeniable and which forced tens of thousands to '[flee] Fidel Castro's tyranny,' the pain of that 'brands your soul.' Where are the 'branded souls' of now U.S. Secretary of State Rubio and U.S. Reps Carlos Gimenez and Mario Diaz-Balart? Rubio is aggressively pursuing and supporting all sorts of vindictive actions against immigrants. As to the others, their silence in response to (and tacit support of) the outrages against the Constitution and immigrant population is palpable. Most respectfully, Salazar's op-ed is likewise substantially 'short on facts.' Harry M. Solomon, Coral Gables Fishing industry Florida's commercial fishing industry is more than just a livelihood — it's a tradition that sustains families and the state's economy. With more than 100,000 jobs and $18 billion in economic contributions annually, Florida's fishers lead the Gulf region in landings, fishing trips and seafood production. From stone crab to spiny lobster, our waters provide iconic catches that feed America and fuel local businesses. The Gulf Council plays a vital role in managing key fisheries, balancing conservation with the ability of fishers to make a living. For more than two decades, Florida has held an essential at-large seat, ensuring our fishers' voices are heard. Now, Louisiana is attempting to claim this seat, a move that would weaken Florida's influence in vital policy decisions. President Trump's April 2025 Executive Order on Restoring American Seafood Competitiveness reaffirms his commitment to domestic production, reducing regulatory burdens and securing the future of our industry. Keeping this Gulf Council seat in Florida ensures that sound science and strong leadership protect the economy and the sustainability of our waters. Florida's fishing families and coastal communities depend on it. Safeguarding their future and ensuring Florida's seat at the table remains secure is essential. Jeff Cramer, Marathon Pardon our dust? Alcatraz Island was once a federal prison. It has been generating revenue as a tourist attraction for decades. President Trump is now pushing the idea to reopen it to house notorious prisoners. Why spend millions to upgrade Alcatraz when there are plenty of federal prisons around the country that have been closing or deactivated since 2024? George Lipp, Cooper City
Yahoo
10-04-2025
- Politics
- Yahoo
Gov. DeSantis pushes for condo relief in South Florida
MIAMI, Fla. (WFLA)— Gov. Ron DeSantis held a news conference to address the condo crisis in South Florida. DeSantis spoke at the City of Sweetwater Community Center in Miami to announce condo relief for Florida residents. He criticized the legislation for causing these issues and said he 'has a duty' to rectify it. Bradenton woman sentenced in deadly hit-and-run crash He is pushing for a data-driven approach to condo safety and using alternate funding methods to generate more money for repairs. The governor emphasized the importance of keeping Floridians in their homes, hoping they aren't forced to sell and move due to costs. 'If someone is forced to sell, specifically the elderly, they wouldn't have a place to go,' Gov. DeSantis said. 'Why are we even entertaining a situation in which people deal with an awful thing.' Florida Department of Business and Professional Regulation Secretary Melanie Griffin is pushing for solutions to balance Floridians' well-being without burdening them. They want funding for higher assessments to avoid future tragedy years after the Surfside condo collapse in Miami. The governor is urging legislation to help Floridians and provide relief to keep people in their homes. live streamed the press conference, which can be viewed in the video player above. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.