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CYBER CITIZENS FOR JUSTICE,
INC.
SUBJECT: OPPAGA/MANDATED PROPERTY REFORM Dear Governor, As you have pointed out in your electronic newsletter dated 5-6-2003, the results of this year’s legislative sessions were not satisfactory for Florida citizens. Recent polls and commentaries showed clearly that the Florida House and Senate left many problems unsolved in the opinion of the citizens who elected them into office. A very pressing problem is finding a solution for the more than 5 million citizens living in mandated properties in Florida. Names like Nature Watch, Miramar and Forest Lake make negative headlines, damaging even more the already problematic reputation of Florida’s housing industry. This is a fact much observed by many of our Northern neighbors, who consider Florida as their retirement home. Lack of consumer protection is the reason why Florida lost the Number One spot on the list of states competing to attract retirees. Aggressive advertising should be accompanied by legislative moves to protect the retirees targeted by this advertising. Quantity is not promoted by lack of quality! For many years homeowners' activists from all over Florida have pointed out that reforms are necessary. During the past two years a bill has been circulated in the legislature asking for a Mandated Property Reform Task Force (HB 547 + SB 1248) with growing support of various legislators from both parties. This year everybody thought we got a break-through when representatives from industry and homeowners' activist groups agreed upon a proposal - see below - for the existing bill, which seemed to please all parties with a vested interest. Good compromises were worked out. OPPAGA was supposed to take the lead role in bringing all parties together at one table and getting the necessary input to suggest legislative reforms that everybody involved considers necessary. But for unexplained reasons, the Florida Senate failed to introduce this amendment and left the House no other possibility except to kill the bill. Actually, the only reasonable explanation for this bill ending up on your desk for your signature seems to be lack of time in the end. It doesn't happen too often that consumers and industry are trying to work together to find solutions. But that makes it even harder to understand why the Florida Senate was unwilling to accept this offer underwritten by all sides. Considering the circumstances, this would have been a solution with no opponents! What else can a good legislator wish for? We have a special session starting this week. The tools are still in place with all parties willing to work together for the improvement of living in our State of Florida. You have the possibility to get our legislators on the right track. Please use your influence for the good of the citizens of Florida. You could as well create the same scenario by executive order. But please do something - many interested eyes are looking at you after the Florida Senate failed us so far. The only other possibility for a feasible
solution would be a Constitutional Ballot Initiative, something legislators
definitely don't like. Please see recent examples!
And in this case it definitely would be counterproductive to your attempt to get more retirees back to Florida to increase our economy. Any such initiative would have to be accompanied by negative advertising throughout all available media, because of the necessity to show cause for this initiative. Everybody involved would like to avoid such drastic measures. But in cases like this, where very reasonable attempts failed, they are often the only way out! Please help us to come to a reasonable conclusion to our many efforts. We have shown we are willing to compromise. We have shown we are willing to work together with the industry to create reasonable reform. Good ideas are on the table, which as well would include tax-savings. But your help is needed, because the Florida Senate failed us so far. We are respectfully looking forward to your response and hope that with everybody's cooperation we can still find a solution in the best interests of all Florida citizens living in mandated properties. With Best Regards, Jan Bergemann
IN ALLIANCE WITH:
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