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

Arthur J. Menor AMenor at shutts.com
Wed Jun 2 06:28:08 PDT 2010


I made the protection prospective (leases entered into after the date of
the recording of the notice) because of the discussion in the
penultimate paragraph of the Everglades Electric opinion.  I also think
that this is more defensible from the perspective of the lienor.  It is
hard to take away lien rights from someone who is working under a lease
that was entered into before the constructive notice to that lienor that
their rights had been limited.
 
 <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/> 
 
 


________________________________

	From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Rick G.
Emmanuel
	Sent: Tuesday, June 01, 2010 6:50 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 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) 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/20100602/8c4ae615/attachment-0001.html 


More information about the landten mailing list