[CLC-Discussion] HB911: Chapter 558
David A. Zulian
dazulian at napleslaw.com
Thu Feb 21 09:08:27 PST 2019
I think we can all agree that Chapter 558 does not often lead to the resolution of a case. However, it is a good procedure to identify issues pre-suit. If the goal is to reduce litigation, I don’t think that goal is accomplished by the proposed HB911. Also, I question whether it is constitutional. Isn’t the imposition of non-binding arbitration a procedure?
I oppose the Bill.
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David A. Zulian
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From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of Frank Silva
Sent: Thursday, February 21, 2019 11:43 AM
To: Michelle M. Krone <mmk at kubickidraper.com>; Wolf, Brian <bawolf at smithcurrie.com>
Cc: clc-discussion at lists.flabarrpptl.org; Ashley Fields <eaf at kirwinnorris.com>
Subject: Re: [CLC-Discussion] HB911: Chapter 558
I oppose HB 911.
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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org>> On Behalf Of Michelle M. Krone
Sent: Thursday, February 21, 2019 8:22 AM
To: Wolf, Brian <bawolf at smithcurrie.com<mailto:bawolf at smithcurrie.com>>
Cc: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>; Ashley Fields <eaf at kirwinnorris.com<mailto:eaf at kirwinnorris.com>>
Subject: Re: [CLC-Discussion] HB911: Chapter 558
I oppose HB911 as well.
Regards,
Michelle Krone, Esq.
Sent from my iPhone
On Feb 21, 2019, at 8:00 AM, Wolf, Brian <bawolf at smithcurrie.com<mailto:bawolf at smithcurrie.com>> wrote:
I oppose HB911.
Brian A. Wolf
Partner
Board Certified Construction Attorney
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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 Kurian, Sanjay
Sent: Wednesday, February 20, 2019 4:22 PM
To: Jeffrey Price <jeff at npw-law.com<mailto:jeff at npw-law.com>>; Sean Mickley <sam at kirwinnorris.com<mailto:sam at kirwinnorris.com>>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Cc: Ashley Fields <eaf at kirwinnorris.com<mailto:eaf at kirwinnorris.com>>
Subject: Re: [CLC-Discussion] CLC Meeting - Discussion of Proposed SB 674 - February 21, 2019 at 12pm
Jeff,
Since we had not heard from everyone on the subcommittee it would be inaccurate to say unanimous.
However, all of the comments I have seen on the subcommittee have been opposed.
Thanks.
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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 Jeffrey Price
Sent: Wednesday, February 20, 2019 3:58 PM
To: Sean Mickley <sam at kirwinnorris.com<mailto:sam at kirwinnorris.com>>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Cc: Ashley Fields <eaf at kirwinnorris.com<mailto:eaf at kirwinnorris.com>>
Subject: Re: [CLC-Discussion] CLC Meeting - Discussion of Proposed SB 674 - February 21, 2019 at 12pm
Sean:
Thank you for bringing this bill to everyone’s attention.
I have just read this ill-conceived, irrational and paralogistic mishmash and can say in an unqualified voice that the numbering of HB911 incorporates the appropriate phone number to call were this stunning example of legislative jabberwocky to become law.
More disturbing to me is that our Legislative Subcommittee has “come to an overwhelming consensus to oppose this bill. ”
I am stunned that the word unanimous was not used.
This infers that there is a slight possibility that someone in said committee is in favor of this . . . thing.
I will happily attend tomorrow’s call-in simply to identify the person or persons who may believe anything about HB911 is salvageable, for the purpose of recommending implementation of the Baker Act.
<image009.png><https://www.npw-law.com/>
From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org>> On Behalf Of Sean Mickley
Sent: Wednesday, February 20, 2019 2:38 PM
To: Sean Mickley <sam at kirwinnorris.com<mailto:sam at kirwinnorris.com>>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Cc: Ashley Fields <eaf at kirwinnorris.com<mailto:eaf at kirwinnorris.com>>
Subject: Re: [CLC-Discussion] CLC Meeting - Discussion of Proposed SB 674 - February 21, 2019 at 12pm
Good afternoon all,
HB 911 has also been presented to the CLC’s Legislative Subcommittee, a copy of which is attached hereto. HB 911 seeks to eliminate the 558 process and replace it with a mandatory non-binding arbitration process. The Legislative Subcommittee has reviewed, vetted, and discussed HB 911 and have come to an overwhelming consensus to oppose this bill. As such, we are adding discussing and voting on HB 911 to tomorrow’s phone conference as well.
Once again, the telephone conference meeting to discuss SB 674 will be held on Thursday February 21, 2019 at 12pm.
The call-in information is as follows: Dial-in: 888-376-5050
Pin: 7542148521#
Moderator: 12141# (Moderator Does Not Use Pin Code)
Sean A. Mickley | Of Counsel
Kirwin Norris, P.A.
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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org>> On Behalf Of Sean Mickley
Sent: Tuesday, February 19, 2019 5:17 PM
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Cc: Ashley Fields <eaf at kirwinnorris.com<mailto:eaf at kirwinnorris.com>>
Subject: [CLC-Discussion] CLC Meeting - Discussion of Proposed SB 674 - February 21, 2019 at 12pm
All,
As you know, the legislative sessions is quickly approaching, and senate and house bills are flying around. One of those bills is SB 674 attached hereto. The CLC’s Legislative Subcommittee has reviewed, vetted, and discussed the bill. The overwhelming consensus is that this bill needs to be opposed. In order to take a position on the bill, however, the CLC needs to hold a telephonic conference to discuss the bill and vote whether the CLC should take a position on it.
The telephone conference meeting to discuss SB 674 will be held on Thursday February 21, 2019 at 12pm.
The call-in information is as follows: Dial-in: 888-376-5050
Pin: 7542148521#
Moderator: 12141# (Moderator Does Not Use Pin Code)
Please come prepared to discuss SB 674.
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<mailto:sam at kirwinnorris.com>
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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.
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