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HUMAN RESOURCES
POLICIES AND PROCEDURES
Business Ethics
Striking a balance between integrity, professionalism
and sensibility, client loyalty and personal responsibility, our
company adheres to a set of business and ethics guidelines that it
hopes will increase confidence in the company and in its service
agents by making it easier for our customers, service providers and
the public to understand what constitutes unethical behavior, and
for the company to fulfill its moral and legal obligations. Among
the desires that we believe will enhance our services is the fact
that we self regulate our industry and have implemented very
stringent requirements for our agents and representatives in
addition to the regulations stated herein. We are very serious about
these issues and enforce these policies and regulations daily.
Considering your thoughts and our agent's opportunity,
compiling the right staff is critical. When preparing information or
a list of professional references, we put our self in the shoes of a
perspective client. In these paranoid times, with liability law
suits and other legal actions commonplace, companies must protect
themselves by hiring upstanding, trouble-free and competent people.
At a minimum, we select people to provide professional services to
you from references that will be open to confirming their ethics and
background. They are also asked other questions about their
background, including their level of responsibility and performance.
In addition to this, we also consider
a potential agent's personal issues and beliefs
regarding many subject matters.
These regulations control those agents who provide
services through our company and accomplishes several things. It (a)
requires certain disclosures, (b) prohibits certain misstatements,
(c) defines the minimum kinds of services that
must
be provided by one who provides services through Florida
Homestead Services, LLC, (d) rigorously limits the statutory or
other fees that can be charged, and (e) requires agents to act in
the best interests of the client, to be truthful and factual, and to
act at all times beyond reproach in all communications and matters
regarding clients, potential clients, licensees, representatives or
agents and (e) requires agents and officers to act in the best
interests of the company, to be truthful and factual, and to act at
all times beyond reproach in all communications and matters to the
company regarding clients, and to adhere to all laws of the state
and of the United Sates at all times and be law abiding citizens.
Failure to act in the highest ethical manner, or
violations of any law or court decision will result in the
termination of a representative agent and possible subsequent causes
of legal action against the officer or agent.
These rules are not all-inclusive, and the company has
the right to act, as it deems fit, in the best interests of the
company and of our clients at all times.
Below is an abbreviated synopsis of our rules,
regulations and standards of practice...
Why Were These Regulations Initiated, Drafted and
Adopted by Florida
Homestead
Services,
LLC?
These regulations were adopted because some individuals
providing homestead services were misrepresenting the company, the
need for, or the character of our services. A common
misrepresentation is that a person is an agent or employee of our
company or that a recorded declaration of homestead protects against
enforcement measures by
any and
all
creditors.
In fact, filing a homestead declaration does not protect against
creditors whose claims are secured by a mortgage on the property, or
against businesses that have a â¬Ücontractorâ¬"sâ¬" lien on the
property as a result of providing services or improvements, or for
non-payment of property taxes and assessments. Also, some
unscrupulous individuals conceal the existence of the legal
requirements of homestead protection, stating that it is automatic,
in order to sell other legal services to those who do not really
need it.
A brief excerpt of the companyâ¬"s stringent regulations
follow:
Social Responsibility:
The company can have a substantial impact on the lives
and well-being of citizens and therefore avoids doing business with
agents or partners who participate in illegal or unfair labor or
business practices, including illegal labor or child labor, the
payment of low wages, unsafe work environments, or ethnic, racial,
gender, or sexual discrimination.
Executive Responsibility:
The company's officers shall be directly and wholly responsible for
the company's employees, agents, and actions, including but not
limited to financial activities and statements, extra-corporate
agreements, and product or service claims. The company will at all
times adhere to, and uphold the regulations provided to its officers
and agents initiated and published by the company.
Board of Directors:
The company's board of directors, acting in its fiduciary capacity
on behalf of all, shall be liable for all financial statements
emanating from the company.
Financial Deception:
Purposely concealing or misrepresenting the company's financial
information, or misappropriating corporate funds for personal gain,
is unethical and punishable by law.
Investigatory Response:
Employees or officers of the company , if under criminal or civil
investigation by any agency or of the US, shall not destroy
documents or data that could be construed as pertinent to that
investigation.
Such individuals shall be suspended or terminated from the
company based on the level of investigation or cause of action.
Defective or Deceptive Products,
Services,
Practices:
The company shall not knowingly produce or provide a defective
product or service so as not to be in material breach of ethical and
legal standards, causing the company or its clients to suffer
appropriate negative consequences. Agents will at all times practice
business beyond reproach and will adhere to the highest ethical
standards possible in all actions and communications with clients
and in representing the company. Agents will not give legal advice
in any communication with clients nor engage in any
misrepresentation whatsoever. Officers and agents will at all times
uphold all legal and fiduciary duties required by law and will at
all times practice sound business principles.
Unfair Trade Practices:
Any company that participates in unfair or deceptive trade,
including but not limited to coercing partners, suppliers, agents or
distributors into signing unethical agreements, forcing customers or
clients to use unwanted company products or services, or
underselling in the market in an attempt to starve out internal
competition, shall be guilty of anticompetitive practices and the
company will not do business with them.
Whistle-blowers:
Employees who make allegations of illegality or indiscretion against
the company are protected by law and must not be harassed or made to
suffer economically or psychologically for their actions.
Standards of Practice - Representatives and Agents
Health and Safety: Company and its agent's
certify that workers will be provided a safe and healthy working
environment to prevent accidents and injury to health arising out
of, linked with, or occurring in the course of work or as a result
of the operation of agent facilities.
Environmental Responsibility:
The company has a moral and legal obligation to protect and preserve
the environment and should ensure that our operations, and those of
our partners, agents, subsidiaries, and licensees, adhere to
environmentally safe practices.
Freedom of Association:
Company certifies that employee' rights to freedom of association
will be recognized and respected.
Wages and Benefits:
Company certifies that eligible employees will be paid at least the
minimum wage required by local law, or the prevailing industry wage,
whichever is higher.
Hours of Work/Overtime:
Company certifies that it complies with regulations concerning work
hours mandated by local laws and uses overtime only when employees
are compensated according to local law. Company further certifies
that it won't allow employees to exceed the maximum number of
overtime hours provided by local law.
Environment:
Company certifies that it complies with applicable country, state,
county and city environmental regulations.
Harassment or Abuse:
Company certifies every employee, agent and customer or client shall
be treated
respectfully and dignity. No employee shall be subject
to harassment or abuse.
Nondiscrimination:
Company certifies that no person shall be subject to any
discrimination in employment, including hiring, salary, benefits,
advancement, discipline, termination or retirement, on the basis of
race, religion, gender, age, disability, sexual orientation,
nationality, political opinion, or social or ethnic origin.
Forced Labor:
Company certifies that it will not use any forced labor - prison,
indentured, bonded or otherwise.
Child Labor:
Company certifies that no person shall be employed at an age younger
than the law allows or younger than the age for completing
compulsory education.
Documentation and Inspection:
Company agrees to:
(A) Certify on an annual basis that each of the above listed
Standards are met.
(B) Consent to and permit annual inspections of each business by
company representatives.
(C) Maintain on file such documentation as may be needed to
demonstrate compliance with the
company Standards of Practice.
(D) Make these documents available for audit inspection upon
request.
(E) Provide employees with the opportunity to report noncompliance
with workplace standards & free from punishment or prejudice for so
doing.
(F) Post the Regulatory Standards in a common area accessible by all
employees.
Who is Subject to this Regulation?
This regulation controls the provision of homestead
filing services and applies to anyone who provides homestead filing
services as an officer, agent, licensee, referral agent or other
service provider as defined by the company. However, this regulation
does
not
apply to
attorneys, law firms or to those who work under the direct
supervision of attorneys, with respect to paid legal services that
are provided to a client who has retained the attorney to provide
those services. Hence, once a homeowner hires an attorney to advise
them regarding a homestead, neither the kind of services that are
furnished by an attorney, nor the charges for those services are
covered by this regulation and we no longer represent that client.
What Protections Does This Regulation Provide?
This regulation may require that a homestead filing
service agent or licensee, in the event that the home office cannot
accomplish the task, to handle the entire task of completing and
filing the homestead declaration and other paperwork, including
payment of all notary and county recording fees as required. The
regulation requires that the declaration of homestead must be
recorded in the appropriate county within 10 days after it is signed
before a notary public.
The regulation limits the notary and recording fees that
can be charged in addition to the service fees. The fees may not be
requested until after the homestead declaration contract and limited
power of attorney are executed. This may mean that the amount that a
client pays for a homestead declaration will be paid to a company
escrow, which will disburse the funds to the homestead filing
service provider only after the homestead is executed or recorded.
To help assure that homeowners are not mislead about the
need for filing a homestead declaration or the enormous protections
that it provides, a homestead filing service agent must include a
prescribed disclosure in every advertisement, promotional material
and other offer made before the time when the owner is obligated to
pay for the service. In the case of an oral solicitation or
broadcast ad, the disclosure should be recited at the beginning of
the presentation. In the case of a printed ad or other promotional
material, the required disclosure must be printed.
This regulation also prescribes the procedures by which
someone who provides homestead filing services is paid. The provider
may not charge, demand, or collect any money from the homeowner
until after the homestead contract and power of attorney
is executed.
Also, the total amount charged, demanded, or collected by the
provider for all filing fees and notarization fees,
may not exceed the specified amount in addition to any
service fee.
Sources and Enforcement
The homestead law covers both tax related homesteads and
declared homesteads. The law that regulates homestead tax filing is
regulated under Florida Statutes, Title XIV and XV and any violation
is a misdemeanor punishable by up to one year in prison and or a
five thousand dollar fine. In addition, the attorney general or a
district attorney, and certain county attorneys, may recover a civil
penalty for each violation. Suits for an injunction prohibiting
violations, and securing restitution of amounts paid by client
victims, may be maintained by both law enforcement agencies and
private parties. Agents are fully responsible for any consequences
of a tort or damages.
Should
You
File A
Homestead
Declaration?
The filing of a declared homestead
does indeed enormously
add to the homestead and equity protection that the law
provides to all homeowners. While the typical homeowner need not
file a declared homestead to enjoy basic homestead protection,
homeowners who may be or are in financial trouble, or who expect to
be in financial trouble, probably
should
file a
homestead declaration, just to be on the safe side. Precautionary
measures should always be taken by homeowners, especially those with
any amount of equity. The exemption of a homestead from ad valorem
taxation is quite a different thing from the exemption of a
homestead from seizure and sale for debts, and therefore homestead
issues and court decisions for tax purposes are not necessarily
relevant to issues and decisions for forced sale purposes, the
statutory provisions being entirely different.
The following are some of the reasons that a homeowner
who is or expects to be in financial trouble should file
a declared homestead and not rely exclusively on the
homestead tax exemption:
⬢ The owner who files a declared homestead can choose
which of several different residences will be
protected.
⬢ The protection that is provided by a
declared
homestead will continue to apply to that residence even
if the owner
becomes deceased.
It will not apply to rental properties. If a declared homestead has
not
been
recorded, the homestead protection may be lost if the owner moves,
rents or becomes deceased.
⬢ The protection that is provided by a
declared
homestead will apply to the
proceeds of a voluntary sale.
If no declared homestead has been recorded, the protection of the
ownerâ¬"s equity in a home may be lost in the event of a voluntary
or forced sale of the home or if a judgment or lien exists. (This
means that the proceeds of the voluntary or forced sale of the home
will go to the judgment creditor or creditors rather than the
owner).
⬢ If a
declared
homestead
has
been
recorded, the law is clear that the proceeds of sale can be used to
purchase another house as a homestead or be used for living expenses
until purchase and the property will be unencumbered.
⬢ Only if a
declared
homestead
has
been
recorded will the proceeds of a voluntary sale assuredly be
protected after they are used to purchase another house; only then
will the protection given to the first house be carried over to the
second in regards to purchase funds.
⬢ If a
declared
homestead
has
been
recorded, the law is clear that the property cannot be forcefully
sold to pay a debt, judgment, levy or lien (if not a mortgage, tax
or mechanicâ¬"s/construction lien), and can be sold or contracted
against within 45 days after filing the declaration up to 180 days
afterwards.
⬢ If a
declared
homestead
has
been
recorded, the law is clear that the home is protected unless
abandoned (The legal definition of abandonment consists of rental or
moving to a new homestead).
Neither the homestead tax exemption nor the declared
homestead will protect a homeowner against the loss of his or her
home to a secured creditor -- such as the lender who has financed
the original purchase, or a lender who extended a second mortgage
loan, or to a contractor, subcontractor or laborer who has filed a
valid claim of mechanic's lien for improvements to the homestead or
to a property tax lien or assessment. The protections of both the
declared and tax homesteads, however, extend to most other kinds of
creditors.
Homeowners who are in financial trouble or those who
expect that they may encounter financial trouble should consult a
qualified attorney for legal advice on how to protect their home, as
agents of Florida Homestead Services cannot and shall not render any
legal advice or engage in the practice of law whatsoever.
All officers, agents and employees have
hereby agreed in writing to implement, abide by,
adhere to and maintain the rules, regulations and standards
enumerated herein.
Florida
Homestead
Services, LLC
AGENTS ONLY
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