[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
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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
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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
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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).
<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
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<http://www.shutts.com/>
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