[CLC-Discussion] HB911: Chapter 558

Thu Feb 21 09:15:55 PST 2019

I agree with the below reasoning.  I oppose the proposed bill, and while
Ch. 558 is not perfect, it is a worth process and does occasionally work to
prevent litigation over defect disputes.

On Thu, Feb 21, 2019 at 11:15 AM David A. Zulian <dazulian at napleslaw.com>
wrote:

> 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.
>
> <http://napleslaw.com/>
>
> David A. Zulian
>
> Florida Bar Board Certified Construction Lawyer
>
> Cheffy Passidomo, P.A.
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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.
>
>
>
>
>
>
>
> [image: cid:image001.png at 01D09E0A.6706E0F0]
>
> Frank Silva, Esquire
>
> General Counsel
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> *From:* clc-discussion-bounces at lists.flabarrpptl.org <
> 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>
> *Cc:* clc-discussion at lists.flabarrpptl.org; Ashley Fields <
> 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> wrote:
>
> I oppose HB911.
>
>
>
>
>
> *Brian A. Wolf *
> *Partner*
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> *Board Certified Construction Attorney*
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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>] *On Behalf Of *Kurian,
> Sanjay
> *Sent:* Wednesday, February 20, 2019 4:22 PM
> *To:* Jeffrey Price <jeff at npw-law.com>; Sean Mickley <sam at kirwinnorris.com>;
> clc-discussion at lists.flabarrpptl.org
> *Cc:* Ashley Fields <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.
>
>
>
>
>
> *Confidentiality Note**:* The information contained in this message is
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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>] *On Behalf Of *Jeffrey
> Price
> *Sent:* Wednesday, February 20, 2019 3:58 PM
> *To:* Sean Mickley <sam at kirwinnorris.com>;
> clc-discussion at lists.flabarrpptl.org
> *Cc:* Ashley Fields <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 <
> 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>;
> clc-discussion at lists.flabarrpptl.org
> *Cc:* Ashley Fields <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.*
>
>
>
> *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
>
>
>
>
>
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> 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
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> reply email and destroy all copies of the original message including
> attachments.  Thank you.
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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.
>
>
>
> *From:* clc-discussion-bounces at lists.flabarrpptl.org <
> clc-discussion-bounces at lists.flabarrpptl.org> *On Behalf Of *Sean Mickley
> *Sent:* Tuesday, February 19, 2019 5:17 PM
> *To:* clc-discussion at lists.flabarrpptl.org
> *Cc:* Ashley Fields <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
>
>
>
>
>
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> This email message including attachments, if any, is intended for the use
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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
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> advisor.
>
>
>
>
>
> <http://www.kubickidraper.com>
>
> *Michelle M. Krone
> <http://www.kubickidraper.com/staff_detail11.php?MemberID=33>*
>
> Shareholder
>
> Board Certified Construction Lawyer
>
> Direct   (239) 461-8103
>
> Fax       (239) 939-0700
>
> mmk at kubickidraper.com
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