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

Tue Jun 1 15:49:33 PDT 2010

I agree with Neil's suggested revision.

My one comment is on Section (2) and subsection (c). These address all leases entered into "after the date of the recording of the notice". What happens to leases that have been executed prior to or simultaneously with the execution and recording of the notice? On single tenant premises, I have negotiated both the terms of the lease and the notice with the tenant, executed same simultaneously with the lease and then sent the notice for recording. The new wording would seem to prevent this.

Thanks,

Rick Emmanuel

Patrick G. Emmanuel, Jr., Esq.
Emmanuel, Sheppard & Condon, P.A.
30 South Spring Street
Pensacola, FL  32502
Telephone: (850) 433-6581
Facsimile: (850) 433-6162

CONFIDENTIALITY STATEMENT:

This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (rge at esclaw.com<mailto:rge at esclaw.com>) and then delete this message and all copies and backups thereof. Thank you.

________________________________
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 2:31 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.

[http://www.shutts.com/shutts100.jpg]
Neil B. Shoter
Partner / LEED Accredited Professional
________________________________
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail<mailto:NShoter at shutts.com> | Biography<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website<http://www.shutts.com/>

________________________________
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).

[http://www.shutts.com/shutts100.jpg]
Arthur J. Menor
Partner
________________________________
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail<mailto:AMenor at shutts.com> | Biography<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | Website<http://www.shutts.com/>

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/mailman/private/landten/attachments/20100601/1022f809/attachment-0001.html 