[CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

Fri Apr 5 15:31:28 PDT 2019

It is time for the CLC to leave RPTL.  Sincerely, Barry Kalmanson500 N Maitland AvenueSuite 305 Maitland, Fl. 32751407-645-4500 x 215 www.barrykalmanson.com  -----Original Message-----
From: Sean Mickley <sam at kirwinnorris.com>
To: clc-discussion at lists.flabarrpptl.org <clc-discussion at lists.flabarrpptl.org>
Sent: Fri, Apr 5, 2019 6:11 pm
Subject: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

 All,
Please see the RPPTL Section and Executive Committee’s decision on the CLC recommendation regarding SB1200 and HB1247.

Sent from my iPhone

| Sean A. Mickley | Of Counsel   |   |
|  Kirwin Norris, P.A.  4731 N.Highway A1ASuite 226Vero Beach, Florida 32963
O: 407-740-6600 
F:  407-740-6363 E: sam at kirwinnorris.com   |  |

        This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information.  If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited.  If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments.  Thank you.  Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service.  If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Begin forwarded message:

From: "S. Katherine Frazier" <katherine.frazier at hwhlaw.com>
To: "Sean Mickley" <sam at kirwinnorris.com>
Cc: "'Bob Swaine'" <bob at heartlandlaw.com>, "Scott Pence (SPence at cfjblaw.com)" <SPence at cfjblaw.com>, "Sanjay Kurian - Becker &  Poliakoff (skurian at bplegal.com) (skurian at bplegal.com)" <skurian at bplegal.com>
Subject: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

Sean-                    The Executive Committee considered the below legislative position requested by the Construction Law Committee today. We met and discussed the merits of the requested position and the fact that the bills were at a very advanced stage in the legislative process. Unfortunately, since the Section had not been previously engaged with the bill drafters and sponsors, it was determined that the Section was not in a position to effectively oppose this bill at the eleventh hour. We discussed the policy issues and the decision by the Executive Committee is not a decision on the policy that the Construction Law Committee seeks to advance. The Executive Committee declined to action on the below motion due to the timing and status of the subject legislation in the legislative process.                     Below is the requested position: “The Construction Law Committee supports changes to Florida law to allow contractors to collect reasonable attorney fees for claims on payment and performance bonds, which presently does not exist under Section 627.756, Fla. Stat.  The Construction Law Committee, however, vehemently opposes changes to Florida law that impose increased requirements for claimants seeking payment for unpaid construction work on bonded public and private projects, including the changes proposed in HB 1247 and SB 1200.”                 Thank you.   S. Katherine Frazier
Board Certified Real Estate Lawyer  
Hill Ward Henderson
3700 Bank of America Plaza
101 East Kennedy Boulevard
Tampa, FL  33602
http://www.hwhlaw.com
Main: 813-221-3900
Fax: 813-221-2900
Direct: 813-227-8480
skfrazier at hwhlaw.com    From: Sean Mickley [mailto:sam at kirwinnorris.com]
Sent: Friday, April 05, 2019 8:00 AM
To: S. Katherine Frazier
Cc: 'Scott Pence (SPence at cfjblaw.com)'; 'Sanjay Kurian - Becker & Poliakoff (skurian at bplegal.com) (skurian at bplegal.com)'
Subject: RE: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247    Revised paper and form attached. Summary below.    I.                Summary:    The Construction Law Committee requests that the RPPTL Section take a formal position to oppose SB 1200 and HB 1247 in their entirety with the exception of the proposed changes adding contractors to the list of parties that may be awarded attorney fees under section 627.756, Fla. Stat. for claims on performance and payment bonds. The proposed changes and additions to SB 1200 and HB 1247 seek to require significantly greater hurdles for claimants on statutory payment bonds under Sections 255.05, Fla. Stat. and 713.23, Fla. Stat.      II.               Impact on Private Sector    The proposed requirements to be set forth in the Notice of Non-Payment are akin to requiring a claimant to submit a Sworn Statement of Account pursuant to Sections 255.05(8) and 713.16(4), Fla. Stat.  The procedures for seeking a Sworn Statement of Account already exist and this would be duplicative. many potential bond claimants in the construction industry may be without any secure recourse for payment on jobs.This could have a considerable impact on the construction industry, including many business failures in the construction industryand potentially increasing unemployment.    III.             Reason for Expedited Response and Vote    The Construction Law Committee requests that the RPPTL Section expedite review and vote in opposition to SB 1200 and HB1247 because it is soon to be voted on the floor of the house and is being scheduled for its final committee in the Senate.       
| Sean A. Mickley|Of Counsel   |     |
|    Kirwin Norris, P.A.    Vero Beach Office                Orlando Office 4731 N. Highway A1A            15 W. Church St. Suite 226                                 Suite 301 Vero Beach, Florida 32963     Orlando, Florida 32801 
O: 407-740-6600 
F:  407-740-6363 E:sam at kirwinnorris.com    |  |

           This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information.  If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited.  If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments.  Thank you.    Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service.  If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. 
|  |

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential information, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. 

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