[RPPTL-constructionlaw] FW: Legislative Subcommittee - February Report

[Arnold D. Tritt, Jr.]

Gang:  See below and attached.  Serious stuff is brewing in Tally.
Arnie.

 

From: Pence, Scott [mailto:spence at carltonfields.com] 
Sent: Monday, February 11, 2013 10:05 AM
To: Arnold D. Tritt, Jr.
Cc: Roberts, Hardy L.; Heron, Lisa Colon; Rob Doan
Subject: Legislative Subcommittee - February Report

 

Following is the Legislative Subcommittee's report for today's call.

 

The Legislative Subcommittee has been asked to review and provide
comments for the following proposed legislation:

 

Proposed Bill

CLC Proposed Action

SB 530 (Revised Arbitration Code)

In order to address the potential argument that the court no longer has
authority to stay an arbitration proceeding where it finds no agreement
to arbitrate exists, the CLC recommended adding the words "and the court
may stay any arbitration proceeding that has been initiated or
threatened" to the end of new Section 682.03 (3) on page 13 of 38.

SB 286 (Limitation of Design Professional's Liability)

For the same reasons the CLC opposed the 2012 version of this Bill, the
CLC opposes this Bill.

SB 112 (Fraudulent Liens)

As worded, 713.31 would only apply to a "person who fraudulently records
a claim of lien."  First, it was unclear to us what this requires (e.g.
does it require an adjudication that someone fraudulently recorded a
lien?).  Second, it is unclear how someone fraudulently records a lien
to begin with (e.g. by telling someone you aren't recording one, but
then doing so anyway?)  

We felt the issue is whether the lien is fraudulent, as opposed to
whether the lien was fraudulently recorded.  Therefore, the CLC proposed
modifying the exception language to read as follows: "Claims for
fraudulent liens filed pursuant to part I of chapter 713 shall be
governed by s. 713.31 and are excluded from this section."

HB 285 (Judgment Liens)

No need for the CLC to take any position on this Bill.

 

Copies of the proposed Bills are attached for your reference. We will
continue to monitor the progress of these Bills and weigh in as
appropriate.

 

 


Scott Pence
Attorney at Law

4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida  33607-5780 
Direct:  813.229.4322 | Fax:  813.229.4133

spence at carltonfields.com | www.carltonfields.com 
bio <http://www.carltonfields.com/spence/>  | vcard
<http://www.carltonfields.com/load.vcf?type=atty&id=1b3e40d2-f26a-45ef-b
47a-00fe08271338>     

Confidential: This e-mail contains a communication protected by the
attorney-client privilege or constitutes work product.  If you do not
expect such a communication please delete this message without reading
it or any attachment and then notify the sender of this inadvertent
delivery. 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/constructionlaw/attachments/20130211/558a5a94/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 6143 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/constructionlaw/attachments/20130211/558a5a94/image001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: SB 530.pdf
Type: application/pdf
Size: 239796 bytes
Desc: SB 530.pdf
URL: <http://mailman.fsr.com/pipermail/constructionlaw/attachments/20130211/558a5a94/SB530.pdf>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: SB 286.pdf
Type: application/pdf
Size: 99145 bytes
Desc: SB 286.pdf
URL: <http://mailman.fsr.com/pipermail/constructionlaw/attachments/20130211/558a5a94/SB286.pdf>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: SB112 Strike Amendment.pdf
Type: application/pdf
Size: 1319439 bytes
Desc: SB112 Strike Amendment.pdf
URL: <http://mailman.fsr.com/pipermail/constructionlaw/attachments/20130211/558a5a94/SB112StrikeAmendment.pdf>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: HB285.pdf
Type: application/pdf
Size: 165924 bytes
Desc: HB285.pdf
URL: <http://mailman.fsr.com/pipermail/constructionlaw/attachments/20130211/558a5a94/HB285.pdf>