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

Wed Jun 2 06:39:59 PDT 2010

Alternative 1 essentially says that the notice will still be effective
to exculpate the landlord for liens even if all of the leases do not
contain the same exculpation language but do contain some form of
exculpation language.  Alternative 2 essentially say the notice will
still be effective even if all of the leases do not contain the same
exculpation language so long as the lease in question contains that
language.  I created alternative 2 because it seems to me that the basic
idea of the statute is that the landlord can avoid lien liability by
including an exculpation in a lease and recording notice of the
exculpation.  I don't see why it should matter that every lease for the
property have the exact same exculpation language.  The notice advises
lienors that they need to look to the tenant's interest only, it
shouldn't matter whether some leases don't have the same exculpatory
language or don't have any exculpatory language at all so long as the
lease for the premises which they are improving contains an exculpation.
The difference in exculpatory provisions or the absence of an
exculpatory provision could result from specific negotiations of
individual leases.

 <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 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. 

 <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
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<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/> 

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