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| 9-26-2002
To the members of the Destination Florida Commission, since you are asking for public opinions I would like to give you my ideas about necessary improvements before enticing more retirees to move to Florida. In my opinion the biggest issue, among many others, is the uncertainty about housing. Developers are allowed to put up housing without the necessary supervision from government agencies. The Florida disclosure law FS Chapter 689.26 is being absolutely ignored. Recent examples : 1.) Homeowners are being sold properties with high-priced lake view, but are not informed that their property is located in an active sinkhole area. One morning the lake is gone, but the developer uses homeowners funds to repair the damages. 2.) Buyers are not being informed about the property being part of a homeowners' association and the many disadvantages coming with it. Besides the regular dues associations tend to ask suddenly for special assessments without going through the provisions set by law. Many retirees are unable to pay for sudden special assessments. 3.) County commissioners trying to help these homeowners by passing county ordinances have been laughed at by just these developers, who are plainly ignoring these ordinances. I could give you an endless list of violations, but I think you understand the meaning of my examples. Florida Statutes CHAPTER 498/021.022 explains the jurisdiction over fraudulent land sales acts. This law is ignored by developers on a daily basis. And even if the Statutes state(quote) : "(5) Any willful violation of the provisions of subsection (1) shall be a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084" nobody is prosecuting these felonies in Florida. According to the GA's office: "no funds available" to prosecute. Association boards plainly ignore FS 720 and since the only way to defend themselves would be in civil court, financially unavailable for many retirees on a fixed income, they just have to suffer through the dictatorial whims of their boards. Kids had to come down from the North to help their retired parents to sort out the problems. Retirees, who couldn't get the help from relatives, lost their homes to foreclosures. The legal department of the Department of Elder Affairs can easily confirm this. In many cases the dream home retirees bought in Florida has turned into a nightmare and life savings disappeared in no time, because government agencies are turning a deaf ear on complaints, instead protecting the industry. Cries for help to the offices of the Governor, the General Attorney, Departments of Elder Affairs and the DBPR with the Division of Florida Land Sales, Condominiums and Mobile Homes have been ignored with the remark that they are not in charge of these issues. As long as our government is unwilling
to protect the elderly and provide financial feasible solutions to solve
these problems, you definitely shouldn't entice more retirees to move to
this state. Let's find the solutions first before luring them here to Florida.
Our elderly people need protection against this kind of abuse.
Warm regards
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