The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 719
COOPERATIVES

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F.S. 719.4015

719.4015 Cooperative leases; escalation clauses.—

(1) It is declared that the public policy of this state prohibits the inclusion or enforcement of escalation clauses in land leases or other leases or agreements for recreational facilities, land, or other commonly used facilities serving residential cooperatives, and such clauses are hereby declared void for public policy. For the purposes of this section, an escalation clause is any clause in a cooperative lease or agreement which provides that the rental under the lease or agreement shall increase at the same percentage rate as any nationally recognized and conveniently available commodity or consumer price index.

(2) This public policy prohibits the inclusion or enforcement of such escalation clauses in leases related to cooperatives for which the cooperative documents were recorded on or after June 4, 1975; it prohibits the enforcement of escalation clauses in leases related to cooperatives for which the cooperative documents were recorded prior to June 4, 1975, but which have been refused enforcement on the grounds that the parties agreed to be bound by subsequent amendments to the Florida Statutes or which have been found to be void because of a finding that such lease is unconscionable or which have been refused enforcement on the basis of the application of former s. 719.401(8); and it prohibits any further escalation of rental fees after October 1, 1988, pursuant to escalation clauses in leases related to cooperatives for which the cooperative documents were recorded prior to June 4, 1975.

(3) The provisions of this section do not apply if the lessor is the Government of the United States or the State of Florida or any political subdivision thereof or any agency of any political subdivision thereof.

History.—s. 9, ch. 88-148; s. 4, ch. 88-225; s. 2, ch. 89-164.

F.S. 719.4015 on Google Scholar

F.S. 719.4015 on Casetext

Amendments to 719.4015

Arrestable Offenses / Crimes under Fla. Stat. 719.4015

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 719.4015.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MOONLIT WATERS APARTMENTS, INC. v. J. CAULEY,, 666 So. 2d 898 (Fla. 1996)

. . . Our conclusion is buttressed by the fact that section 719.4015(1), Florida Statutes (1993), specifically . . .

MOONLIT WATERS APARTMENTS, INC. a v. J. CAULEY,, 651 So. 2d 1269 (Fla. Dist. Ct. App. 1995)

. . . It created sections 718.4015 and 719.4015, which declare it to be the public policy of the state to prohibit . . . facilities” serving residential condominiums and cooperatives, declaring such clauses void. §§ 718.4015(1), 719.4015 . . .

ASSOCIATION OF GOLDEN GLADES CONDOMINIUM CLUB, INC. v. SECURITY MANAGEMENT CORP., 557 So. 2d 1350 (Fla. 1990)

. . . legislature explained its reasons for the 1989 amendment as follows: WHEREAS, sections 718.4015 and 719.4015 . . . WHEREAS, it is the intent of the Legislature to clarify its intent and passage of sections 718.4015 and 719.4015 . . .