[RPPTL LandTen] Proposed Revisions to Section 713.10, Florida Statutes

Tue Jun 1 13:26:37 PDT 2010

That is essentially what I thought many folks were doing - for instance,
saying in the memo of record, every Lease contains at least one of the
following separate provisions, each of which independently qualifies
under the Statute to secure its benefits...  then I would have a list of
every one of the different 713.10 expressions from all the leases on the
property.  Of course, what's suggested below is MUCH better in that it
would then cover FUTURE leases too - I'm very much in favor of the clean
up now in the works - glad to see it happening.

 Carlton Fields,
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David S. Drobner
Attorney At Law

Shareholder

Miami Tower
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Miami, Florida  33131-2114 

direct 305.539.7354
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       - Concentrating in commercial leasing.

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of
brenda at ezellfirmpa.com
Sent: Tuesday, June 01, 2010 4:08 PM
To: RPPTL Landlord Tenant Committee
Cc: lweintraub at becker-poliakoff.com; mjgelfand at gelfandarpe.com
Subject: Re: [RPPTL LandTen] Proposed Revisions to Section 713.10,
Florida Statutes

I like option 1 as well, with Neil's suggested language.

Brenda

Best regards,

Brenda B. Ezell

Ezell Law Firm, PA

4651 Salisbury Road, Suite 470

Jacksonville, FL 32256

Tel. 904.253.7879

Fax. 904.253.7880

Email: brenda at ezellfirmpa.com

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Tuesday, June 01, 2010 3:31 PM
To: RPPTL Landlord Tenant Committee
Cc: mjgelfand at gelfandarpe.com; lweintraub at becker-poliakoff.com
Subject: Re: [RPPTL LandTen] Proposed Revisions to Section 713.10,
Florida Statutes

Good work.  I also like Alternate 1 but have this suggestion:

The protections against liens afforded by this part shall apply
notwithstanding all leases do not contain the same language prohibiting
such liability, so long as they substantially express the intention that
the interest of the lessor shall not be subject to liens for
improvements made by the lessee. 

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Neil B. Shoter 
Partner / LEED Accredited Professional  

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	From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Arthur J.
Menor
	Sent: Friday, May 28, 2010 12:12 PM
	To: RPPTL Landlord Tenant Committee
	Cc: lweintraub at becker-poliakoff.com; mjgelfand at gelfandarpe.com
	Subject: [RPPTL LandTen] Proposed Revisions to Section
713.10,Florida Statutes

	Attached is my first draft (redlined to show changes to current
statute) of proposed statutory revisions to address the Everglades
Electric Supply, Inc. v. Paraiso Granite, LLC case (28 So.3d 235 (Fla.
4th DCA 2010).

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Arthur J. Menor 
Partner  

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