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

Thu Jun 3 16:32:27 PDT 2010

Gentlemen

I appreciate your efforts, and please continue.  In the interim, please remove me from your email copy lists as the discussions while interesting likely are not seeking my input; please rely on your committee chair to provide me your final work product, or to direct inquiries to me.

Most folks do not desire me involved in your, policy level efforts, only desiring me to "make the final product pretty."

Thanks for understanding my need to reduce emails, and to avoid the impression that I am participating in the committee's policy drafting effort.

Of course, if there is a need for me to get involved, then one of the two chairs should contact me.

Michael J. Gelfand
Florida Bar Board Certified Real Estate Attorney
Florida Supreme Court Certified Mediator:
   Civil Circuit Court & Civil County Court
Gelfand & Arpe, P.A.<http://www.gelfandarpe.com/>
"Assisting Communities to Efficiently Reach Goals"
Regions Financial Tower, Suite 1220
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West Palm Beach Florida 33401
(561) 655-6224

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From: Rick G. Emmanuel [mailto:rge at esclaw.com]
Sent: Thursday, June 03, 2010 9:23 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: Michael J. Gelfand; 'lweintraub at becker-poliakoff.com'
Subject: RE: [RPPTL LandTen] Proposed Revisions to Section 713.10, Florida Statutes

Arthur, I understand your position, but I see little or no difference between:
1. Executing lease and short form lease simultaneously and then recording short form lease; and
2. Executing lease and the notice simultaneously and then recording the notice.

Many landlord's would prefer to record the notice instead of a short form lease.

Thanks,

Rick

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 Arthur J. Menor
Sent: Wednesday, June 02, 2010 8:28 AM
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
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
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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

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
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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
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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