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ohwilleke
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I presume "constitutes compliance with ..." means that no other statute is relevant to determining legality with regard to deposit money in a landlord/tenant dispute. I just want to be sure.

It does, except, of course, that the Constitution of the State of Florida and the U.S. Constitution override this statute, as does any relevant federal statute or treaty.

For example, even if this statute prescribes a court process for resolving deposit money in a landlord/tenant dispute, this can't override the Federal Arbitration Act if the lease has an otherwise valid arbitration clause.

Why did it come about? Also: who is "Enforcement personnel"?

There are multiple statutes governing the disposition of trust funds, including one expressly identified in the statute in Chapter 475, pertaining to real estate brokers.

Enforcement personnel is primarily a reference to state officials who enforce occupational/industry licensing requirements such as those applicable to real estate brokers, or something similar.

The idea is that landlord-tenant deposits are governed by landlord-tenant law rather than real estate broker rules, and that a real estate broker shouldn't be punished by real estate broker licensing enforcement officials for holding landlord-tenant deposits in accordance with landlord-tenant law rather than in accordance with the law that applies to other deposits (e.g. earnest money deposits) held by real estate brokers.

The reference to "in other sections of the Florida Statutes" is really just an afterthought to a provision designed primarily to prevent real estate brokers from facing more strict landlord-tenant deposit obligation than landlords who are not real estate brokers, to cover other people (e.g. attorneys or bank trust departments that are landlords) which might otherwise face conflicting obligations with respect to trust funds similar to those faces by real estate brokers.

I presume "constitutes compliance with ..." means that no other statute is relevant to determining legality with regard to deposit money in a landlord/tenant dispute. I just want to be sure.

It does, except, of course, that the Constitution of the State of Florida and the U.S. Constitution override this statute, as does any relevant federal statute or treaty.

Why did it come about? Also: who is "Enforcement personnel"?

There are multiple statutes governing the disposition of trust funds, including one expressly identified in the statute in Chapter 475, pertaining to real estate brokers.

Enforcement personnel is primarily a reference to state officials who enforce occupational/industry licensing requirements such as those applicable to real estate brokers, or something similar.

The idea is that landlord-tenant deposits are governed by landlord-tenant law rather than real estate broker rules, and that a real estate broker shouldn't be punished by real estate broker licensing enforcement officials for holding landlord-tenant deposits in accordance with landlord-tenant law rather than in accordance with the law that applies to other deposits (e.g. earnest money deposits) held by real estate brokers.

The reference to "in other sections of the Florida Statutes" is really just an afterthought to a provision designed primarily to prevent real estate brokers from facing more strict landlord-tenant deposit obligation than landlords who are not real estate brokers, to cover other people (e.g. attorneys or bank trust departments that are landlords) which might otherwise face conflicting obligations with respect to trust funds similar to those faces by real estate brokers.

I presume "constitutes compliance with ..." means that no other statute is relevant to determining legality with regard to deposit money in a landlord/tenant dispute. I just want to be sure.

It does, except, of course, that the Constitution of the State of Florida and the U.S. Constitution override this statute, as does any relevant federal statute or treaty.

For example, even if this statute prescribes a court process for resolving deposit money in a landlord/tenant dispute, this can't override the Federal Arbitration Act if the lease has an otherwise valid arbitration clause.

Why did it come about? Also: who is "Enforcement personnel"?

There are multiple statutes governing the disposition of trust funds, including one expressly identified in the statute in Chapter 475, pertaining to real estate brokers.

Enforcement personnel is primarily a reference to state officials who enforce occupational/industry licensing requirements such as those applicable to real estate brokers, or something similar.

The idea is that landlord-tenant deposits are governed by landlord-tenant law rather than real estate broker rules, and that a real estate broker shouldn't be punished by real estate broker licensing enforcement officials for holding landlord-tenant deposits in accordance with landlord-tenant law rather than in accordance with the law that applies to other deposits (e.g. earnest money deposits) held by real estate brokers.

The reference to "in other sections of the Florida Statutes" is really just an afterthought to a provision designed primarily to prevent real estate brokers from facing more strict landlord-tenant deposit obligation than landlords who are not real estate brokers, to cover other people (e.g. attorneys or bank trust departments that are landlords) which might otherwise face conflicting obligations with respect to trust funds similar to those faces by real estate brokers.

Source Link
ohwilleke
  • 239.6k
  • 15
  • 465
  • 825

I presume "constitutes compliance with ..." means that no other statute is relevant to determining legality with regard to deposit money in a landlord/tenant dispute. I just want to be sure.

It does, except, of course, that the Constitution of the State of Florida and the U.S. Constitution override this statute, as does any relevant federal statute or treaty.

Why did it come about? Also: who is "Enforcement personnel"?

There are multiple statutes governing the disposition of trust funds, including one expressly identified in the statute in Chapter 475, pertaining to real estate brokers.

Enforcement personnel is primarily a reference to state officials who enforce occupational/industry licensing requirements such as those applicable to real estate brokers, or something similar.

The idea is that landlord-tenant deposits are governed by landlord-tenant law rather than real estate broker rules, and that a real estate broker shouldn't be punished by real estate broker licensing enforcement officials for holding landlord-tenant deposits in accordance with landlord-tenant law rather than in accordance with the law that applies to other deposits (e.g. earnest money deposits) held by real estate brokers.

The reference to "in other sections of the Florida Statutes" is really just an afterthought to a provision designed primarily to prevent real estate brokers from facing more strict landlord-tenant deposit obligation than landlords who are not real estate brokers, to cover other people (e.g. attorneys or bank trust departments that are landlords) which might otherwise face conflicting obligations with respect to trust funds similar to those faces by real estate brokers.