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Florida Governor Points to Florida Economic Growth in 2013 As Best Since 2005, According to New Federal Reserve Report: News Release of the Week

Florida's economy is being widely monitored, and the Federal Reserve Bank of Philidelphia is among those experts who are analyzing current economic data and forecasting how Florida will fare in the New Year.  News from Tallahassee and the Office of Florida Governor Rick Scott is that things are very sunny these days in the Sunshine State, according to the latest reports -details here in the News Release of the Week:

 


 

Gov. Scott: Federal Reserve Index Projecting Growth Highest Since 2005

(January 4, 2013) -- Today, Governor Rick Scott highlighted a recent national index which projects that Florida’s economy will continue to experience growth in 2013 at a pace higher than any point since 2005. The Federal Reserve Bank of Philadelphia’s State Leading Index report shows that Florida’s economy should grow by 1.7 percent during the first half of 2013. This growth rate is the strongest since August 2005, when the rate was 1.98 percent, and is up significantly from December 2010’s rate of 0.95 percent.

Governor Rick Scott said, “With Florida entering a new year, I’m confident that we’ll continue our progress in creating an economic climate that grows jobs for Florida families. As unemployment decreases, businesses expand and the housing market improves, we’re on our way to making Florida the best place in the world to do business – and even though we have more work to do, Florida’s economy is on the right path.

The Federal Reserve Bank of Philadelphia produces monthly leading indexes for each of the 50 states. They include variables that lead the economy including state-level housing permits and unemployment insurance claims among others.

 

 

Florida's Economy as a Whole Rises in March 2012 According to Comerica Bank Study

Here's good news for Florida - a new research study finds that the Florida economy as a whole is getting better, news carried by media outlets like the New York Times.  More here in our "news release of the week." 

To get the actual study, you will need to email Comerica at www.comerica.com/econsubscribe and subscribe.

 

Here from the Comerica Bank out of Dallas:

 

 


 

Florida Economy Rises In March, Reports Comerica Bank's Florida Economic Activity Index

DALLAS, May 23, 2012 /PRNewswire/ -- Comerica Bank's Florida Economic Activity Index increased in March, rising four points to a level of 109.5. The March index reading is 29 points, or 36 percent, above the index cyclical low of 80.6. The index averaged 107 in the first quarter of 2012, eight points above the index average for all of 2011.

"Florida is gaining economic momentum, as shown by the uptick in our Florida Economic Activity Index for March. Real estate conditions are gradually firming, as buyers take advantage of the very high affordability in residential markets," said Robert Dye, Chief Economist at Comerica Bank. "Tourism activity is picking up and that is helping to stabilize the state economy. However, cuts in federal spending are dragging on the Florida economy as the space shuttle program fades into the history books. A weaker global macroeconomic environment may limit international interest in Florida real estate this year."

The Florida Economic Activity Index consists of seven variables, as follows: nonfarm payrolls, exports, sales tax revenues, hotel occupancy rates, continuing claims for unemployment insurance, building permits, and airline passenger deplanements. All data are seasonally adjusted, as necessary, and indexed to a base year of 2008. Nominal values have been converted to constant dollar values. Index levels are expressed in terms of three-month moving averages.

In addition to Boca Raton, East Boca Raton, Fort Lauderdale, Naples, Orlando, Palm Beach Gardens, Singer Island, Sarasota, Stuart, Wellington and Weston, Fla., Comerica (NYSE: CMA) locations can be found in its headquarters state of Texas, as well as in Arizona, California and Michigan, with select businesses operating in several other states, as well as in Canada and Mexico.

SOURCE Comerica Bank

RELATED LINKS

http://www.comerica.com

Source: PR Newswire (http://s.tt/1czTx)

Miami Land Development: Images Series - Downtown Miami 1896

 

 

Downtown Miami in 1896 looks like something out of Little House on the Prairie, doesn' it?  Interesting to see how Florida real estate investment and land development has taken this scene: today, it has evolved into a bustling commercial, urban center.

South Florida developers appear to be bringing another transformation. If Genting's Resorts World Miami proposal is approved, downtown Miami will be transformed again, into a bustling international capital for tourism.

We will see what the future brings.

Source: Wikipedia Commons, public domain   

Office of the Comptroller of the Currency Report Released: Status of ForeclosureGate in November 2011

In a November 22, 2011 report entitled,“Interim Status Report: Foreclosure-Related Consent Orders,” the federal government via its Office of the Comptroller of the Currency (OCC) is sharing its latest report card on the twelve (12) banks' and mortgage servicers' efforts to meet the requirments of the April 2011 Consent Orders to fix ForeclosureGate and all its problematic foreclosure practices.

The report can be downloaded as a pdf file online at the OCC site.

Within it, there is a summary of what has been done thus far.  Athough it is an interim report, it does provide signifcant information regarding a work in process that the OCC predicts will have the efforts to correct ForeclosureGate "...substantially complete in the first part of 2012, [while] other longer term initiatives will continue through the balance of 2012."

For those interested in what the federal government is doing regarding ForeclosureGate, the OCC has also set up a website dedicated to the fight against ForeclosureGate and its ramifications on the national economy and the housing crisis.  This is also maintained by the OCC and can be viewed here.

Also revealed in this November 2011 status report by the feds is the actual release of the engagement letters signed by the banks and mortgage servicers with the consultants that are reviewing and analyzing the past two years worth of foreclosures (go here to read the letters themselves), where the consultants detail exactly what they are doing and how long they think they will need to accomplish their tasks:

 

Bank | Independent Third Party Consultant

Aurora Bank: Allonhill, LLC 

Bank of America: Promontory Financial Group, LLC 

CitiBank: PricewaterhouseCoopers, LLP 

EverBank: Clayton Services, LLC 

HSBC: Ernst & Young, LLP 

JPMorgan Chase: Deloitte & Touche, LLP 

MetLife Bank: Ernst & Young, LLP 

OneWest: Navigant Consulting, Inc. 

PNC: Promontory Financial Group, LLC 

Sovereign: Treliant Risk Advisors, LLC 

US Bank: PricewaterhouseCoopers, LLP 

Wells Fargo: Promontory Financial Group, LLC 

 

Florida Senate Begins Process to Pass Resort Casino Law for Miami's Three Vegas-Style Casinos

Here in Miami, those involved in real estate investment and land development had one eye on Tallahassee yesterday, as the Florida Senate's Committee on Regulated Industries began its consideration of casino legislation - which means, of course, the Florida Legislature is making decisions about Miami's future and the proposed three resort-casinos to be built here, starting with Genting's Resorts World Miami.

Specifically, committee debate began yesterday - including the taking of testimony - in the drafting and approval of Florida legislation that would allow these Vegas-style resorts here in Florida. 

You can read the minutes of the meeting or watch a podcast of the entire proceeding this week over at the Florida Senate website.

While many industry experts view the three resort-casinos as economic powerhouses for Miami and South Florida, there are those that do not want the Florida Legislature to approve this land development. Look closely and you will find, as expected, that many of the opponents have vested interests in challenging the resort casinos.

It's really no big surprise that one of the loudest voices is the already-operating casino here, which would be faced with all this competition, the Seminole Tribe, and that casinos operating in Las Vegas are none too happy to hear that beautiful, sunny, oceanfront Miami might have swanky casinos to tempt visitors that might otherwise visit Vegas. 

Yesterday, testimony began where all these voices would be heard by the Committee.  Already presenting the Genting position, Colin Au, president of Resorts World Americas, one of the world's largest gaming companies.  Au explained:

  • the 3 proposed Vegas-style resort casinos are expected to 100,000 permanent jobs in the Miami area;
  • the 3 proposed Vegas-style resort casinos will provide 50,000 construction jobs for the Miami area;
  • they will bring $10 billion to the local Miami economy; and
  • it is reasonable to expect that they will draw approximately 6 million new tourists to Miami (with all their tourist dollars) each year.

Look around.  These resort-casinos are an economic game-changer for our stalled economy  - people out of work will get jobs, new businesses will be born and existing businesses will get a boost.   Do they need to be heavily regulated? Sure. Do we need to have vigorous debate to make sure that our environment is protected, that our infrastructure is adequate (or is improved so that it becomes adequate) and that the ultimate product is consistent with Miami's culture and community? Absolutely.  Should we demand from our government the continuous and strict enforcement of controls to make sure that the casino element is mimized, that tax revenues benefit the people of Florida, and that the resort is in every way both first class and complementary to our landscape? No question. 

That's what land development and real estate is all about -- building better lives for people -- and it's important that this legislation get passed.  Miami needs this. 

Genting's Resort World Miami Called "Bigger Than Vegas" at Miami Dade Commissioners' Meeting. Good.

Miami-Dade County Commissioners learned a lot more about the proposed new Resorts World Miami this week, as Genting's proposed casino resort was discussed in detail at a Commissioners' meeting.  Proponents and critics alike were there to put their two cents' worth into the debate about casinos being built in Miami.  Specifically, the three resort casinos currently being proposed in Tallahassee with Genting's casino the one that has all the details all ready to go.  Genting's got a plan, Genting's already moving ahead.

Genting's Resorts World Miami Will be HUGE

Genting is sharing lots of information about its Miami project, much like a proud new mother shares photos of her baby.  Just check our their video (below).  Amazing stuff.

And, at the Commissioners' meeting this week, Genting shared:

  • Resorts World Miami is estimated to cost $3.8 billion to complete
  • Resorts World Miami will be bigger than any Vegas hotel or casino
  • Resorts World Miami is expected to create "tens of thousands" of construction jobs in the short term and "tens of millions" of tourist dollars in the long run
  • Genting will issue casino debit cards to its guests for use at restaurants, shops, etc. in the surrounding area (i.e., non-Genting establishments)
  • Resorts World Miami is expected to have 5200 hotel rooms (compare this with the MGM Grand at 5044)
  • Resorts World Miami plans include two casinos in two different parts of its project, one almost twice as big as the other.  8500 slot machines are included along with 50 restaurants. 
  • It is targeting a higher-stakes gambler (more "whales" for Miami).
  • Resorts World Miami will be the biggest casino resort in the world - if the plans are okayed by the Powers That Be. 

Bigger than Vegas?  Bigger than anything else in the world?  That's real estate development in a big way and its impact on our economy will be staggeringly positive. Now and later. 

Genting is good for Miami. 

Watch what Genting is planning here:

 

Florida Casino Development: Florida Gambling Commission in the Works, Las Vegas Sands and Gambling Industry Set Sights on Florida

Florida casinos, like the one proposed for Genting's Resorts World Miami, are one step closer to reality as Florida legislators will begin consideration of a new bill designed to regulate these new Vega-like, resort-style casinos here in the Sunshine State.

It's expected that Florida House Rep. Erik Fresen (R-Miami) and Florida State Senator Ellyn Bogdanoff (R-Fort Lauderdale) will debut their joint effort in a proposal that would impose state regulation on gambling in these swank casinos in much the same way that has proven successful in places like Las Vegas and Atlantic City. 

This would include a Florida gaming commission to oversee things.  Following Nevada's example, Florida offiicials would be able to monitor the casino operations in detail worthy of a television drama - casino operators would have to understand that they would lose some privacy in exchange for being allowed to profit from gambling operations here, since the state would be able to check their bank accounts, etc., without the usual legal hurdles.

Gambling Industry Optimistic About Future, Looking to Florida

Meanwhile, industry insider Peter Amsel reported last week that the recent three-day Global Gaming Expo (G2E) found gaming industry leaders excited about the future, with a whopping 77% of those surveyed believing that 2012 would be better than 2011, and 80% thinking that their industry would "kick into a higher gear" in 2012. 

And, the eyes of the gaming industry are looking at Florida.  Specifically, there is a lot of interest not only in what Genting is accomplishing here, but what the Las Vegas Sands will be doing in Florida.

The Las Vegas Sands has been interested in Florida land development for awhile.  Stories about the Las Vegas Sands wanting to invest in Miami with a Sands resort-type casino have been part of industry chatter for a long time now.

However, as Amsel points out, the recent ruling by the First District Court of Appeals that a voter referendum is not legally required before Florida legislation can okay casino gambling in the state means that the gambling industry's fires are stoked.  

The debate now should not be whether there will be casino gambling, but what industry leaders will be developing Florida property into Florida casino resorts. 

 

"Mexico, The Royal Tour" - a PBS Special Worth Your Time as a Family and as a Business Investor or Land Developer in South Florida

WPBT2 will broadcast "Mexico, The Royal Tour" once more (it was already aired here in Miami on September 21st and 25th): on Tuesday, September 29th at 2AM.  It's worth your time to watch this wonderful, one hour show and we encourage you to record this program for future viewings with your and your family - as well as your business colleagues. 

Please Watch "Mexico, The Royal Tour" - For Business and For Pleasure

There's something for everyone here - this program is not just for kids or those who love to travel.  This one hour tour of Mexico, given to host Peter Greenberg by Mexico's President, Felipe Calderon, is an education to those here in South Florida and Miami who are doing business with Mexican investors and Mexican businesses. 

I was born in Mexico, and share a love of the country with my family and friends.  However, many in South Florida unfortunately are not aware of Mexico's complexities, her beauty, and the depth of her culture. 

Travelers to South Florida in wintertime, for example, are shocked to find that it does get cold here in February - and not everyone on the sandy beaches looks like they just walked off the set of hit TV shows like CSI: Miami or Burn Notice

President Calderon Serves as Tour Guide to Many Spectacular Places

In this one hour television show, viewers are given a glimpse into multifacted, marvelous Mexico - something that those who love Mexico will find charming.  For those who don't know Mexico as well, they will walk away with a new-found appreciation for the country.  Something that might serve them in good stead when they are dealing with Mexicans coming into our area to invest or do business: there is a reason why Mexicans adore Mexico. 

 

Details are here, in the press release from President Felipe Calderon:

 

“Mexico, The Royal Tour” Program Presented

07 Sep 2011 | Comunicado

Press Release 166/11Tourism Secretariat

Mexico City

 • The aim is to boost promotion abroad and show the wealth of Mexico’s tourist attractions.

• The program will have a potential audience of 100 million persons in the United States and 300 million persons abroad.

• The Mexican president decided to take part in this enormous effort.

In order to boost promotion abroad and show the wealth of Mexico’s tourist attractions, the Tourism Secretariat presented the “Mexico the Royal Tour” program, produced by the US television network PBS.

Tourism Secretariat Gloria Guevara Manzo explained that the program was recorded to support tourism in Mexico, which is why Mexican President Felipe Calderón agreed to participate in this project. This confirms his commitment to an activity on which millions of Mexicans depend.

The Sectur director explained that The Royal Tour is one of the most successful programs in the world for tourist promotion, since in the four countries where the program was previously recorded (Jordan, New Zealand, Peru and Jamaica), tourist promotion has been boosted internationally, attracting a large number of tourists.

The president announced that the program will have a potential audience of 100 million persons in the United States and 300 million persons in the rest of the world.

Accompanied by the Assistant Director General of Tourist Promotion in Mexico (CPTM), Guevara Manzo said that tourism is a national priority, which is why this type of initiative is being carried out to attract larger numbers of visitors.

As a result, 2011 was declared Tourism Year in Mexico and the National Tourism Agreement was signed, establishing the basis to position Mexico as one of the world’s five most popular tourist destinations.

The Sectur director explained that this initiative will enable us to attract more national and foreign tourists, which, in addition to increasing tourist spending, will encourage job creation in an activity that currently employs 7.5 million Mexicans.

Gloria Manzo said that the production of this program did not entail any cost for the Mexican government, since it had the support of three sponsors.

The program highlights t Mexican food, as well as the promotion of destinations belonging to the cultural, adventure and nature tourism sectors.

This program was recorded in ten days, during which the production team visited Baja California Sur, Campeche, Chiapas, Chihuahua, Mexico City, Mexico State, Jalisco, Michoacán, Quintana Roo, San Luis Potosí and Yucatán.

The tourism secretariat said that many other countries have tried to have this program recorded, such as Brazil, a country Mexico managed to beat as regards time.

Once the Royal Tour was persuaded to record its program in Mexico, the production firm proposed the tourist destinations to be recorded and we decided on them together.

Assistant Director General of the Mexican Tourist Board, Rodolfo López Negrete, said that the Royal Tour reinforces the campaigns to promote Mexico in international markets.

The aim of this television program, explained López Negrete, is to show the world part of our wealth of tourist attractions, as well as the activities that can be carried out in Mexico.

Tourism Investment and Real Estate Development: Will They Drive South Florida Industry Out of Hard Times? It's Looking Good.

Genting has revealed its big plan for Miami, and it's turning lots of heads. As well it should, because we may have just heard the magic words that will release our local community from being under its current dark economic spell. 

Foreign Developer Announces Details of New, Huge Tourist Mecca In Resorts World Miami

Yesterday, Genting pulled back the curtain on its plans for a mixed-use development named Resorts World Miami, and it includes taking the Omni Center and neighboring land to construct not only restaurants, bars, and such but a real, live casino to open as soon as a year from now.  If Genting can get the okay to operate a casino in downtown Miami, of course.

Many believe that the Genting Group (officially, Genting Malaysia Bhd., operating casinos worldwide from its Southeast Asia headquarters) will succeed in obtaining a gambling license for its shiny new project from the Florida Powers That Be.  That will only increase the pull of this new tourist destination for visitors across the country as well as across the globe. 

This is a very, very big deal.  Genting will be spending $3 billion here in Miami to develop and build its Resort World Miami project.  The waterfront resort, according to the latest Genting release, will have four (4) hotels (5200 rooms) with two (2) condo towers (1000 units) and (wait for it)... a lagoon on the roof that is estimated to span 3.6 acres.  There will be a convention center, and Resorts World Miami will have the largest ballroom in the United States.

All this is happening very fast.  We've just learned that the Genting Group bought one mortgage note on the Omni last week, pulling the property out of foreclosure.  Soon thereafter, Genting purchased the remaining mortgage note, giving it control of the Omni Center.   

Genting had made news earlier this year when it bought the property that housed the Miami Herald for so many years (see our earlier post, "Foreign Investors Announce Big New Miami Land Development: Genting Malaysia Spend $236 Million for 14 Acres in Downtown Miami.") 

It's Redevelopment Like This Which Will Bring South Florida Back to Sunny Economic Days

Genting's projection include the creation of 15,000 construction-related jobs as well as 30,000 permanent jobs from its development.  These, of course, are projections tied only directly to Genting.  There will be many other jobs that are created as the ripples of this economic tidal wave crest in downtown Miami.

Consider this:  the U.S. Department of Commerce tracks and measures local economies and it has recently released its tallies for Florida (see the GDP Tables here).  According to Tuesday's information, in South Florida (including the Miami metroplex), real estate is tops, government is next, and trade/finance comes in third as contributing to our economy. 

However, you have to consider that within those numbers are foreign and domestic visitors -- and when you do, as calculated by the Miami Herald, you've got around 15% of the local economy which brings tourism into second place right behind real estate. 

Genting's project is right in the big middle of those numbers.  Genting will be coattailed by others seeking to profit from overflow from Resorts World Miami or to compliment the resorts' offerings. 

Yes, this is a very big deal.  And through tourism investment and real estate development, South Florida may be back on the road to prosperity. 

Florida Land Development On the Rise? Real Estate News Suggests a Brighter Future for Florida Investment in 2011

Times are tough in Florida and many things are being done in both the public and private sectors to fight and win against the "Great Recession."  This week, news has started trickling in that suggests some light at the end of the tunnel.  Consider this:

1.  From the Naples News, we know that several developments will be proceeding in South Florida with homes projected to be ready for sale in 1 -5 years.  These include:

  • Hacienda Lakes in Collier County (plan approved by the Southwest Florida Regional Planning Council)
  • Alico West in Lee County (plan approved by county and state officials); 
  • Sabal Bay in Collier County (approvals in process);
  • Big Cypress in Collier County(approvals in process).

2.  The Naples News also reports that well known developer The Ronto Group has requested a ten year extension on its huge planned development on Bonita Beach Road to gain back the extra time at the end of the project that had been lost in the lull brought on by the recession. 

Moving back the deadline brings things back to a status quo as development chugs forward on The Rondo Group's planned development of a huge golf course and residential community.  Rondo representatives are telling the media that lots of homes are going to be built within the next year in their new Bonita Beach Road project.

3. Up in Jacksonville, commercial interests are seeing a big spurt as the Florida Times Union reports that it's a go for a new "superport" to be built,  a bookend to Keystone Industries' recently debuted shipping terminal over in Talleyrand.  

The new development wll be ten times the size of the Talleyrand terminal and it will have a manufacturing plant that will bring new jobs to the area (in addition to all that cargo work that will need workers to be hired).  This means literally thousands of new jobs in the long run for this area after the project is built, and lots of jobs in the short terms as construction begins on the new Superport. 

 

Florida Property Insurance Rates Are Rising: What This Means to Florida Real Estate Investors

Some South Florida homeowners are discovering a huge jump in their property insurance premiums, so high in fact that Susan Salisbury reported in the Palm Beach Post this week about Florida real estate owners getting bills that show a 150+% increase from last year's property insurance

Florida's Increasing Property Insurance Pricing - Up, Up, Up

In 2010 and again in 2011, the Florida regulators that oversee insurance companies operating in the state have approved rate increases in property insurance for Florida homeowners.   The Palm Beach Post story reports that Florida's biggest insurance company, the non-profit, government-run Citizens Property Insurance, has legally increased its rates by 10% each year.  Approximately 20 other Florida insurance companies have rate increase proposals under consideration before the state regulators right now.  Expectations are that they will be approved. 

Why Is This Happening?

It's often pointed out by insurance companies that rate increases are needed after the carriers are hard hit by claims resulting from natural disasters, like the hurricanes that Florida must face periodically. In 2005, for example, Florida insurance companies were paying out an enormous amount of claims after two hurricanes hit Florida within months of each other,  Hurricane Dennis and Hurricane Wilma, and this on the heels of 2004's record year of three hurricanes targeting Florida's shores:  Hurricane Charlie, Hurricane Ivan, and Hurricane Jeanne.

Florida is known for its history with dangerous hurricanes: the state's location makes it particularly vulnerable to damage by these huge storms' high winds and flood waters.  Within the state, certain areas are at higher risk of hurricane than others; for example, while Miami has a 1 in 6 chance of being hit by a hurricane, Jacksonville has a much lower probability of 1 in 100. 

However, others are also pointing to Senate Bill 408 which Governor Rick Scott signed into law in May 2011. Senate Bill 408 allows for expedited processing of "insurance for insurers" costs, and includes the ability to require Florida homeowners to pay in advance for repairs caused by hurricane damage (and other property damage) and then get paid reimbursement by their insurance company.

While critics point to SB 408 as another example of Governor Scott's favoritism toward business interests, the reality of fake insurance claims being made after natural disasters precipitated the new law.  Insurance companies were being faced with far too many phony claims -- asking that insureds pay for repairs and then ask their insurance company pay them back is designed to stop those fake insurance claims from being filed.

Read the full text of the new law SB 408 here.

What This Means to Florida Real Estate Investors From Latin America, Brazil, Europe, Canada, Australia, Mexico, and Elsewhere

The idea of buying a vacation home or rental investment - like a condo on a beach near to Miami's cosmopolitan metroplex - is a dream that is becoming reality not only for many Americans, but for more and more foreign investors (especially from Brazil and Latin America).  Florida is happy to have this global interest - and the local economy needs the boost that these foreign investments bring to the economy, both in the long and short run.

However, nothing is perfect and anyone investing in the beauty of South Florida needs to be aware that they are entering Hurricane country, with all that can mean.  Locales accept the need for insurance, and when the time comes, lots of lumber to board up windows along with runs to the grocery to stock up on milk and bread.  It's something that comes with being so near to the ocean waves. 

Still, this property insurance increase should be a consideration for those real estate investors looking at Florida real estate as a bargain, and it's conceivable that these hikes might dampen their enthusiasm somewhat - especially since there's no guarantee that property insurance costs will not increase again next year.

Orange County Slashes Land Developer Fees Effective Immediately: Orlando Is Making Nice with Land Developers

This week, it was unanimously approved (7-0) that land developers' growth impact fees in Orange County, Florida, would be slashed by 25% and that they would also see a 50% cut in the charges assessed against them for school impact (a charge for new home builders theoretically paralleling the new kid population accompanying those new houses). 

This is good for Orange County land development.  Land developers should be more interested in doing business in the Orlando area - which means that the community will reap new jobs and correlated business that comes with new land projects.  

This makes sense from another perspective, too.  What with the economic morass we're all experiencing, those fees placed upon land developers don't jive with today's actual costs.  It doesn't cost the same to build a road or put in a park now as it did five years ago.  Orange County is simply being fair here, updating things to reflect today's realities.

Permitting Services Office Opens This Week in Orlando

Another friendly gesture: Orange County debuted its one-stop permitting office this week, located in the county administration building at 201 S. Rosalind Avenue. You can find directions to the new place on Google Maps.

There was a nice ribbon cutting ceremony by the Mayor.  All the Commissioners showed up, and the media came, too.  Nice. 

For those in the know, this is great: in the past, land developers in Orlando had to hassle with going to any number of county offices to get permits for utilities, right-of-way, docks, etc.  Now, everything is under one roof. 

There's more.  They have free Wi-Fi at this new One-Stop Permitting Services Office.   They're not offering any free coffee, though.  At least, not yet. 

Florida Commercial Real Estate Gets Hit Again by Florida's Plan to Shrink State Government: Commercial Leases Targeted

Florida commercial real estate already awaits the final tally on how much the real estate market will be impacted by proposed deregulation of professionals such as surveyors, landscape architects, and the like.  However, that isn't the only jab to the Florida commercial real estate market by the state government these days. 

Florida commercial leasing is being hit by disappearing government leases - the State of Florida isn't the trustworthy tenant that it used to be, office-space wise.

The new Powers that Be in Tallahassee are all about cutting back on state government - as we've been following with the massive deregulation bill (HB5055) in the past few weeks.  That proposed law would end lots of regulatory efforts by the State of Florida, meaning less state tax dollars would be needed to fund state oversight.  (Read more about it here.)

However, in today's bad economy, the State of Florida has been slashing agency budgets across the state by reducing its office lease rents -- which may look good for the state's budget-balancing monthly accounting, but which is far from good news for those leasing companies and owners of leaseholds who are now facing lots and lots of empty, unprofitable office space.

The Wall Street Journal, in an article by Anton Troianovski entitled "Government Cuts Clip Office Market," reports that already Florida's statewide total of leased office space has declined by five percent (5%) and it's predicted by industry experts that approximately half a million (500,000) of leased square feet will be lost in 2011 as the State of Florida vacates its current leaseholds. 

That is a lot of empty offices in an economy that's already reeling from business declines.

Moreover, this doesn't appear to be the only whammy that the Florida commercial real estate industry will have to survive - and attempt to thrive in spite of its impact.  Those holding leases with the State of Florida may not be secure in those profit projections: the Florida Tax Watch, for example, is calling for existing leases held by the State of Florida to be reviewed and renegotiated.  

Florida Deregulation Bill Zooms Forward - Hurry to Let Your Voice Be Heard

Last week's post about the Florida Legislature considering massive deregulation as a budgetary strategy resulted in lots of discussion and commenting - and rather than respond to each item individually, we're providing the following information so anyone with a strong opinion on this issue can give that opinion where it counts: to their representatives in the Florida Legislature itself.

To get the email or phone number or mailing address of your representatives in the Florida Senate and the Florida House of Representatives, go here and input either your zip code or your mailing address. 

The Florida Deregulation Bill Moves Forward - Track it as HB 5055

In our earlier post, the bill was gaining momentum in the House but it was still in subcommittee.  Now, it's official over 300 pages and it's HB 5055, which you track online at the government website. 

On Friday, it moved to the Economic Affairs Committee of the Florida House. You may also want to contact those serving on the Florida Economic Affairs Committee.   

Read the text of this proposed law here.  Here is the summary of what this bill intends to do, according to the Florida House (the official description of the proposed law):

Deregulation of Professions and Occupations: Deletes provisions establishing DBPR's Division of Florida Condominiums, Timeshares, & Mobile Homes, Florida Board of Auctioneers, Board of Employee Leasing Companies, Board of Landscape Architecture, Board of Professional Geologists, & Board of Professional Surveyors & Mappers, Motor Vehicle Repair Advisory Council, & Regulatory Council of Community Association Managers; deletes provisions for regulation of yacht & ship brokers, auctioneers, talent agencies, community association managers, athlete agents, employee leasing companies, home inspectors, mold assessors & remediators, professional surveyors & mappers, persons practicing hair braiding, hair wrapping, or body wrapping, interior designers, landscape architects, professional geologists, professional fundraising consultants & solicitors, water vending machines & operators, health studios, ballroom dance studios, commercial telephone sellers & salespersons, movers & moving brokers, certain outdoor theaters, certain business opportunities, motor vehicle repair shops, sellers of travel, contracts with sales representatives involving commissions, & television picture tubes; revises name & membership of Board of Architecture; revises license classifications of public lodging establishments; deletes DBPR's authority to enforce & ensure compliance of certain provisions relating to condominiums, cooperatives, vacation plans & timeshares, & mobile homes.

Of importance, since this bill is considered to be budgetary in nature it will not need to follow the more well known path of substantive legislation - which means it can get passed a lot faster than the substantive proposals. 

If you want to have your opinion heard by the Powers that Be, then speak now, speak soon -- the proposed effective date of this bill is July 1, 2011. 

Elizabeth Warren and the Consumer Financial Protection Bureau: What Will They Do to Florida Banking and Florida Real Estate?

The brand new, shiny as a new penny Consumer Financial Protection Bureau is up and running now, with Harvard Law professor Elizabeth Warren at its helm.  Look at the CFPB's nice, new website and it looks like Martha Stewart might be advising on both the design of the site as well as Professor Warren's hairstyle. 

And the CFPB sounds so friendly and helpful, too.  From the site:

The CFPB will work to ensure that financial companies make the true price clear to consumers so they can make the decisions that are best for them. Companies shouldn’t compete by figuring out how to fool you best. Transparency means that markets really work for consumers.... [and]

The CFPB will work to promote fair competition for depository and non-depository institutions, large and small. No one should be able to ignore the rules in order to take customers away from those who follow them.

Well, Elizabeth Warren and the CFPB, created by Title X of the Dodd-Frank Act, may not be so nice and sweet and wonderful.  Particularly if you are in Florida, dealing with the current bad economy.

Bankers Do Not Trust Professor Warren and the Consumer Finance Protection Bureau

Financial experts in Florida and elsewhere are wary of this new agency, acting under the aspices of the U.S. Department of Treasury.  This isn't news.  Professor Warren has been criss-crossing the country, meeting with bankers to try and make friends.  (There's even a map tracking her good will tour on the CFPB site.)  Bankers don't trust this agency because it's not clear what the boundaries are with this agency.  How much power does Elizabeth Warren have?  Where is this all laid out, for everyone (including the CFPB) to reference? 

As the Wall Street Journal reported last week, Sen. Richard Shelby of the Senate Banking Committee, has publicly criticized Elizabeth Warren and the CFPB of a regulatory shakedown of mortgage servicers in the recent settlement deal made by the coalition of all fifty state attorneys general, the FDIC, and the CFPB in the Foreclosure Fraud matter.

This month, Iowa Attorney General Tom Miller announced a settlement had been reached in the Attorneys General investigation of ForeclosureGate and a 27-page overview was released.  Many banks, large and small, are unhappy with this proposal. 

Senator Shelby opined to the media (and Congress) that according to the news media, Elizabeth Warren and other federal regulators were involved in these negotiations, and that rumors had it that around $30,000,000 was on the table as the amount that the banks must pay to settle the foreclosure claims the AGs are collectively advancing.

Senator Shelby is telling the WSJ that this big stash of cash isn't marked to help the homeowners who suffered from the ForeclosureGate mess.  Senator Shelby is arguing that this massive amount of money is going into the hands of Warren and other executive agencies, so housing programs nixed by Congress can be funded.  

And, where is the accountability of CFPB here?  Can't find it. Seems that the CFPB has the power to take the money and run - and neither banks nor homeowners can do much to easily stop them.

Wall Street Journal Editorial Warns of Elizabeth Warren's Power Here

In an editorial published by the Wall Street Journal on March 15, 2011, entitled "More Mortgage Mischief," the Wall Street Journal provides perspective on Elizabeth Warren and this latest turn of events.  With bold words -- extortion, fiat, stall -- the WSJ's point is clear:  Elizabeth Warren's activity and this 27-page deal is scary.

The WSJ points not only to the Senator's concern about who gets this pot of gold from the ForeclosureFraud settlement, but to the language of the deal itself.  There's big, broad liability language that it opines no CEO in good faith would agree to sign

The WSJ also confirms its earlier worry that Dodd-Frank would result in the fed's attempt at controlling credit allocation has become a reality as part of this deal. 

Bottom line, this isn't a good debut for Professor Elizabeth Warren and her agency.  The ForeclosureGate settlement has the potential to be disastrous for the nation.  And likewise, it's very, very dangerous for Florida banking, Florida business, and Florida real estate development. 

Florida Deregulation Bill - Will It Open a Pandora's Box of Evildoing Here in Florida?

A bill that would remove the State of Florida from overseeing and regulating a wide variety of business activities is moving through the Florida Legislature right now -- and it's so comprehensive that even the industry leaders currently subject to agency oversight are denouncing the proposed law as bad for Florida. 

As reported in today's Orlando Sentinel in a story by Jason Garcia entitled, "Some industries balk at giant deregulation bill in Florida House ," the bill is big - it's 281 pages long, and even lots of businesses don't like it.

Garcia reports that over 30 representatives (lobbyists and others) have gone before the House Business and Consumer Affairs Subcommittee to give their testimony of how bad things could get if the Florida state government were to exit the building in these various industries.  Even Disney had a man go before the committee, warning of land fraud temptations without Florida's oversight of time shares. (Disney's big into the time share condo business.)

What the Deregulation Bill Proposes to Do

It's a budget cutting manuever that would take the State of Florida out of the business of overseeing and regulating 25+ professions and industries operating for profit in this state -- including home inspectors, time-shares, condos, landscape architects, professional surveyors, professional mappers, and other real estate related industries as well as businesses like auto mechanics and travel agencies. 

For example, here's what is being considered regarding architects.

Architects - Currently, an Architect business must be licensed by the state, unless exempt from licensure, in addition to the requirement that the individual be licensed. Persons currently exempt from licensure include anyone who makes plans and specifications for, or supervises the erection, enlargement, or alteration of:

1. Any building upon any farm for the use of any farmer, regardless ofthecost of the building;

2. Anyone-family or two-family residence building, townhouse, or domesticoutbuilding appurtenant to any one-family or two-family residence, regardless of cost; or

3. Any other type ofbuilding costing less than $25,000, except a school,auditorium, or other building intended for public use, provided that theservices of a registered architect shall not be required for minor school projects.

The proposal is to eliminate business license equirements for sole proprietorships for individuals licensed as Architects.

Florida isn't new to deregulation -- Governor Crist made lots of headlines in 2009 regarding the extent that the State of Florida would regulate the commercial insurance industry.  There was also lots of controversy over the extent that Florida should or would oversee the telecommunications industry in the state.

However, with the new shift in power up in Tallahassee, and Governor Scott's stated intention to run the State of Florida like a business, wide-spread deregulation like this may not face the big fight that it has seen in past years. 

Deregulation From a Land Development Perspective

Land developers often find state regulations to be time-consuming and expensive, but all reputable real estate professionals still respect the reality that there are those that push the edge of the envelope (or go past it) for the sake of profit.  No one wants to open the door to a free-for-all here in Florida, just because the state is in economic hard times.

So, is this massive deregulation good for Florida?  Many respected business professionals think not.  Consider what's being done here.  Specifically, the government would be hands-off regarding the following industries:

1. Athlete Agents

2. Auctioneers

3. Auctioneer Apprentices

4. Barbers

5. Body Wrappers

6. Business Opportunities

7. Cattle Owners with Officially Registered Brands

8. Charitable Organizations

9. Community Association Managers/Finns

10. Condominiums and Cooperatives

11. Dance Studios

12. Employee Leasing Companies

13. Hair Braiders

14. Hair Wrappers

15. Health Studios

16. Home Inspectors

17. Interior Designers

18. Intrastate Movers

19. Landscape Architects

20. Manicurists

21. Mobile Home Lots

22. Mold Related Services

23. Motor Vehicle Repair Shops

24. Professional Geology

25. Professional Surveyors and Mappers

26. Rooming Houses

27. Sellers ofTravel

28. Specialty Salons (Manicurists, Pedicurists, Nail Extensions)

29. Talent Agents

30. Telemarketing

31. Timeshares

32. Yacht and Ship Brokers

33. Television Tube Labeling (HB 4013 by Eisnaugle-Reported Favorably by BCA

Subcommittee on 2/8/11)

34. Contract Commissions (HB 4023 by Plakon- Reported Favorably by BCA

Subcommittee on 2/8/11)

35. Water Vending Machines (HB 4009 by Workman- Reported Favorably by BCA

Subcommittee on 2/8/11)

 

 

Ready Reference: Florida Statutes Dealing With Land Development

Florida laws dealing with aspects of real estate development are found throughout various sections and chapters of the Florida Statutes.   For a ready online reference, here is a list of links to the full text of various Florida laws that are commonly applicable in land development projects.

Title to Property

Quieting Title - Chapter 65

Leases

Landlord and Tenant - Nonresidential Properties - ss. 83.001-83.251

Landlord and Tenant - Residential Tenancies -ss. 83.40-83.682

Landlord and Tenant - Self-Service Storage Space - ss. 83.801-83.809

Mobile Parking Lot Tenancies - Chapter 723

More on the following page....

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Is FDIC Chairman Sheila Bair Very, Very Wrong In Her Proposals Regarding Regulating Mortgage Servicers?

Sheila Bair chairs the Federal Depository Insurance Corporation ("FDIC") and has since since June 2006, when she was appointed for a five year term by President George W. Bush.  (Sheila Bair is also serving a term on the FDIC's Board of Directors which will end in 2013.)

For many, Sheila Bair's biggest role involves overseeing and salvaging banks that are going under.  Watching the FDIC today usually means watching the news for what banks have failed this week. 

The FDIC Failed Bank List

The FDIC Failed Bank List keeps track of banks that are taken over by the FDIC, which comes in as receiver -- it's a scary list for most at this juncture and many are watching the 2011 FDIC Failed Bank List to see just how many banks fail in 2011 (there have been 11 bank failures so far this year - all in January 2011). 

FDIC Chair Sheila Bair Also Player in Financial Reform

However, FDIC Chair Sheila Bair is also a key mover and shaker in finance and lending practices in this country.  Right now, for example, she is calling for Mortgage Servicers to fork up the necessary funding to establish a Mortgage Servicer Foreclosure Commission that would investigate complaints from consumers regarding these companies and would have the power to resolve these disputes with money provided by the mortgage servicing companies. (If this sounds familiar, it should: it's analogous to the British Petroleum model.)

Sheila Bair is also pushing for the Dodd-Frank Act's risk retention rules to be expanded to incorporate mortgage servicers.  No news here that banks and others involved in the mortgage business are not happy with this proposal.  She advanced this proposition a couple of weeks back during a speech to the Mortgage Bankers Association (see link to full text of her speech, below). 

Rebutting FDIC Chair Sheila Bair's Position on the Mortgage Industry - Maybe She's Wrong

However, rather than go through the details here on why Ms. Bair may not be right in her approach, read the excellent itemized rebuttal of Thomas Brown of Bankstocks.com where he takes her speech, paragraph by paragraph, and points out key issues that include:

  • the problem with the mortgage crisis in our country is not how the mortgage notes were serviced, but the fact that borrowers stopped paying on their notes - in massive numbers.  This unprecedented number of home loan defaults forced the financial industry to deal with a new and unique crisis
  • many of these mortgages were given to folk that should not have been given a home loan, and would not have received financing in prior years; and
  • the finance industry views the true crisis as occuring in 2008 and here in 2011, the issue is how to clean things up and move forward.  The massive defaults have already hit. 

Read FDIC Chair Shiela Bair's speech to the Mortgage Bankers Association's January 2011 Summit on Residential Mortgage Servicing for the 21st Century here

For an excellent resource on the details of the Dodd-Frank Act, refer to the Law Librarians' Society of Washington, D.C.'s online resource here. 

5 Great Blogs for Understanding the Complexities of Today's Real Estate Marketplace

There are lots of news stories dealing with issues concerning those of us working with commercial and residential real estate matters, however the internet also offers us the opportunity to learn how to interpret the events as they happen. 

It's one thing to read about the latest ForeclosureGate scandal; it's another to ponder its impact upon the Miami economy and particularly, things like commercial leasing; land development; construction; franchises; real estate finance, etc.  Some great, free online resources for this type of analysis are:

1. Property Profs Blog - a blog giving a professorial perspective on current real property and contract issues written by D. Benjamin Barros, Associate Professor of Law at Widener University School of Law and having as contributing editors Alfred L. Brophy, Reef C. Ivey II Professor of Law at the University of North Carolina School of Law; Stephen Clowney, Assistant Professor of Law at the University of Kentucky College of Law; Mark A. Edwards, Associate Professor of Law at William Mitchell College of Law; and Tanya D. Marsh, Assistant Professor at Wake Forest Law School.

2.  The Bigger Pockets Real Estate Blog - edited by Joshua Dorkin, founder of Bigger Pockets, and with 18 regular contributors from a variety of real estate niches, this site provides daily input on a variety of issues that impact the residential and commercial real estate markets in an easy to read format and from a street-smart viewpoint.

3.  Calculated Risk - described by Time Magazine as " ...among the most thoughtful and thorough financial commentary on the internet. Period," this six-year old blog is written by Bill McBride, a retired senior executive from an unnamed corporation with MBA from the University of California, Irvine. Highly respected, this blog covers a number of finance topics, but does have a dependable focus on real estate topics.

4. The Wall Street Journal offers several good reads, including its Deal Journal (discussing various big events where "money changes hands") and its Law Blog (discussing, well - law and lawyers).

5. Heard Along the Coast published by the South Florida Business Journal and offering commentary by editor Kevin Gale, reporter Paul Brinkmann, and web editor Susan R. Miller on a variety of news stories that impact our local community. 

 

 

Billy Buzzett is Good Choice to Head Florida's Department of Community Affairs

It the first week of Florida's new governor Rick Scott being in office he's making news already -- and this includes his appointment of Billy Buzzett as secretary of the Department of Community Affairs

Check out Buzzett's background on his LinkedIn page and you'll find that after getting his law degree back in the 1980s, Billy Buzzett has been involved in Florida real estate development for many years - and currently serves as the vice-president of strategic planning for the St. Joe Company

Good background for the man who will now be Florida's new Big Kahuna of land planning. 

St. Joe Company, currently the state's second largest private landowner, has a long history here in Florida, going back to the 1930s.  Built on the foresight of Edward Ball, brother in law of Alfred I. duPont, the company is known for pulling part of the state out of the Great Depression with employment at its Port St. Joe Paper Mill and having ecological challenges afterward from the paper mill's impact on the surrounding ecosystem. 

Today, its efforts focus on four areas of real estate development:  residential, commercial, rural, and forestry.  Explore the company website, and you can find all sorts of related, diverse development interests -- things that have all sorts of commercial complexities that Buzzett will bring with him in his new job.  Accordingly, Buzzett is bringing a developer's mind to state government. 

Buzzett's appointment is good news for Florida - especially in this economic climate.  We're all the better for it. 

More Banks Failed in Florida Than Anywhere Else in the Country: Read this as Blue Light Bargain Specials for The Big Banks

Banks - financial institutions - are a vital component of a healthy, growing economy and the year-end coverage of the hard times of Florida banks doesn't do much to encourage business growth in our neck of the woods.  Read some of the coverage, and you'd think that Hollywood should be planning an update to The Grapes of Wrath with the Joads hightailing it away from the Miami Beach coastline. 

No, it's not good news - but Florida is strong, and we will weather this financial storm and come out the better for it. 

Which isn't the subtle message that we're hearing as the Miami Herald writes "Florida led nation in bank failures," the Palm Beach Post reports, "Florida banks show 'slight improvement' in safety rankings," and The South Florida Business Journal opines, "Not much relief expected for South Florida banks in 2011."

Our state did have 28 banks fail this year.  Brian Bandell at the South Florida Business Journal reports that Florida's own Bauer Financial saw two more banks hit its list of "banks with a zero rating," in the last quarter of 2011, bringing the total to 45. 

How much of the Florida banking industry does that reflect?  Bandell did the math and reports it as 18%.

Of course, this is serious.  We're in bad financial times.  However, Florida is not doomed and for many, there are great investment opportunities to be had in our fair state.  Bank failures today are not the bank failures of grandfatherly lore.  The federal government will step in; other banks will purchase and take over. 

What this may mean in the long run is not a standstill of Florida's financial community and a doomed 2011 business forecast from the start; instead, what this may foretell is the death of the small community bank and big bargains for those interested in buying up these banks.

Just like we're seeing happen in Washington, where the Bigger Fish are swallowing up the Little Fish with great aplumb.  

Foreign Investors Making More and More Real Estate Deals in Florida: A Trend That Should Continue into 2011

This week, the Sun Sentinel reports that real estate experts are predicting 2011 to be another gloomy year for Florida real estate, hopefully with a turnaround coming in mid-2012.  (This forecast coming primarily from Lewis Goodkin and Moody's Analytics.)  Which may help explain why the South Florida real estate market seems to be growing in international popularity.

For example, the Manchester Evening News had an article of interest to its British circulation this week: right now, Florida real estate appears to be a bargain for our English friends.  Why?

The British interest rates are holding steady at a low rate, while Florida real estate prices continue to slide.  And these folk know a good deal with they see one.  Apparently Manchester's Bridging Finance alone has loaned the British pound equivalent of $3,080,714 since June 2010 to British investors seeking to buy property here in the United States (with lots of those deals here in Florida): this is almost 25% increase in foreign investment in just one year's time. 

Joining with the European investors are savvy buyers from Central and South America.  The Toronto Star reported recently on this Florida foreign investment trend.   Canadians are buying here.  Australians are, too. 

There is a lot of foreign interest in South Beach condos especially -- and a reported focus on those priced now between $50,000 - 100,000.  Miami Today reports a 62% increase in downtown Miami condo sales from January - September 2010. 

It's not just residential condos that are being scooped up by foreign investors, either.  Carlos Slim, Mexico's famous mogul, just had his Grupo Carso SAB buy Florida hotel property. 

Is this bad news or good?  There are those that will argue both sides.  However, it's an obvious reality that these global investors are bringing investment money into the local economy, and these properties otherwise might well be setting there vacant and blindingly red on American balance sheets.  Given the predictions that the Florida real estate market is not booming back in 2011, international investment here has to be seen as a good thing. 

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