[CLC-Discussion] CLC Legislation Process

Wed Jul 27 08:27:46 PDT 2016

Thanks Robert,

The “stop-start” legislation is not on the agenda for the Executive Council meeting at The Breakers this weekend.  In fact, that legislation was approved by the RPPTL Section two Section-meetings ago, in February, 2016, after being fully-vetted by the CLC for over a year and a half and ultimately approved.  I’ve attached a copy of what was approved for everyone’s reference.

As many of our CLC members may recall, the proposed “stop-start” legislation was initiated within the Section by the Real Property Problems Study Committee back in July, 2014.  At that time, the CLC’s legislative subcommittee reviewed the proposed legislation and felt it was overly-broad in relation to the perceived problem it was seeking to correct.  We worked with the sponsor of the legislation over the next year and a half and that legislation ultimately was scaled way back to revise only Section 713.132, Fla. Stat. (as you can see in the attached).  The legislation that was ultimately approved by the RPPTL Section was vetted and approved by the CLC through our legislative subcommittee who, over the course of that year and a half, raised numerous issues and concerns.  All of those issues and concerns were adequately addressed in the final version of the legislation and at that time the subcommittee recommended to the CLC that it be approved.  Which the CLC ultimately did.

Given this discussion, I think it is important to step back and remind all of our members the manner in which proposed legislation is either initiated or reviewed & approved or rejected by the CLC.  We have a legislative subcommittee in charge of reviewing all proposed legislation dealing with construction law issues, whether that legislation is initiated within the CLC, another committee of the RPPTL Section or any outside organization.  That subcommittee meets on an as-needed basis and reviews and makes recommendations to the full CLC.  Sometimes the recommendation is to approve the legislation (either as-is or with modifications), sometimes it is to reject the legislation, and other times they may recommend that we take no position at all (e.g., if a consensus cannot be reached).  Once that recommendation is provided, the CLC typically makes that same recommendation to the RPPTL Section accordingly (I’m not aware of there ever being a time when the subcommittee’s recommendation was rejected).

In any event, that is the way we do it and I encourage any members of the CLC who want to be a part of that process to join the legislative subcommittee.  We want (no, we need) more of our members to be active at the time legislation is being reviewed because, as many of you know, sometimes these bills move very quickly and change often.  Simply let me or Sanjay know that you want to join the legislative subcommittee and you will be added to the listserv.

Regards,
Scott

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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Robert Worman
Sent: Wednesday, July 27, 2016 9:33 AM
To: Willis, David; Alex Barthet; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Texas Collection Agencies

Committee Members,

While the Texas collection agencies issue is interesting, a more important and pressing concern which we, as a committee, should be addressing is a matter to be lien law matter to be considered by the RPPTL Executive Council at the meetings this week in Palm Beach.

Although not on our committee’s agenda for our meeting, it is my understanding the Executive Council may be voting on (and likely approving for recommendation to The Florida Bar) support for revisions to the Construction Lien Law involving shortening the period and procedures in filing a Notice of Termination of a Notice of Commencement and proceeding with recommencement (Start/Stop Statute). Many of us aware of this proposed legislation believe it will adversely affect our client construction lien rights and recoveries. Accordingly, it should be a matter considered and voted upon by our Committee; however, I do not believe we (the CLC) have addressed the proposed legislation and it is not designated for discussion on our Committee’s Agenda for tomorrow’s meeting, but should be.

Regards,

Robert B. Worman
Worman & Sheffler, P.A.
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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Willis, David
Sent: Wednesday, July 27, 2016 8:36 AM
To: Alex Barthet <Alex at barthet.com<mailto:Alex at barthet.com>>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Texas Collection Agencies

I have heard similar stories.  Milton Myers went away when I returned the call.

David C. Willis
Board Certified in Construction Law and Business Litigation

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 7:32 AM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Texas Collection Agencies

Good morning all.  I am writing about an issue that I am seeing with increasing frequency.  The purpose of this email is to (i) alert the community of this practice, (ii) learn if others are hearing the same thing from their clients and (iii) see if folks smarter than me have any ideas how to deal with, or ideally, stop them.

Many of our clients that record liens are receiving unsolicited calls from collection agencies out of Texas, the two most common we are seeing are Tucker Albin and Assoc. (http://tuckeralbin.net/) and Milton Myers and Assoc. (http://www.mmatx.net/).  Obviously, they are getting the clients’ information by pulling the liens from the public records.

The problem is that they are making blatantly false statements such as they are working with others on the project and can guaranty payment if the client signs up, or they are representing several other lienors on the same project that are about the get paid and if the client signs up, he can get them paid now.  The reason I know these statements are false is because in the last two occasions that my clients received these calls, they were the only lienors on the projects and on both, I was already in contact with counsel for both the contractor and owner negotiating settlements.

I look forward to hearing from the group.

Regards,
Alex Barthet
Board Certified in Construction Law
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