[RPPTL LandTen] Legislative Changes

Wed Jan 26 08:33:01 PST 2011

Thanks Harry and Phyllis.  We will see what other comments we get by Friday from the Committee to forward to the Section, remembering that we will take comments from all sides of our Committee that express comments.

Neil

[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 harry at evict.com
Sent: Wednesday, January 26, 2011 11:21 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

I agree with you. Come up with some simple wording.  We are early in the process.

Ron Book is our lobbyist for the Florida Apartment Association.

Remember we are working in an atmosphere of general opposition already so we want to make it as easy as possible for the Sheriff.

Harry

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com<http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Phyllis Harley
Sent: Wednesday, January 26, 2011 11:13 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

Harry:

I see and agree with all you stated in your email below.  I think what you are stating with few Writs that the sheriffs' actually have to remove someone after 24 hrs posting is correct (at least in my experience it rarely happens).  However, back to your email just prior, the language of the proposed bill does not really cover the issue......in practice under the proposed bill as it stands currently, I anticipate lingering Writs of Possessions that have been posted by a process server, but not yet acted upon by a sheriff.

I do grant that these will be few cases, but would it be feasible to propose a change to the language to address this (or is this just splitting hairs)?

Phyllis Harley, Esquire
Harley Law Offices, P.A.

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of harry at evict.com
Sent: Wednesday, January 26, 2011 10:56 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

Hi Phyllis,

We thought about this as well.

Right now, the Deputy serves the Writ and then brings it back to the Sheriff's Office, Civil Process.  They then docket it in their computers and give it to the Deputy who will execute.

Current practice is for the Deputy to call the landlord or agent whose phone number is on the Writ, and arrange for the execution. This would all stay the same with Sheriff served Writs.  All has been paid for up front to the Sheriff.

With the new law, on Process Server served Writs, the landlord, IF they need execution will  pay the money to the Sheriff and ask them to execute. In other word, once the Sheriff receives the money, they execute.

In many cases execution is not necessary and the sheriff simply writes "unexecuted per plaintiff or plaintiff's agent" and it is returned to the Clerk.

Harry

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com<http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
[cid:957313116 at 26012011-1BE8]<http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=1016157733>

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Phyllis Harley
Sent: Wednesday, January 26, 2011 10:32 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

I am addressing the issue of HB 0291

I see an issue with coordination of the day after posting when the sheriff will be required to appear to return possession to the owner. This bill would now add a 3rd party to coordinate with (the process server who posted the Writ).  What reporting requirement will the process server have to notify the sheriff that the Writ has been posted and the sheriff can appear the next day (24 hours notice) to return possession to owner and possibly remove any persons still remaining on property?

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, January 26, 2011 9:24 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: [RPPTL LandTen] Legislative Changes

Our Committee has been asked to give input on the following proposed bills.  If you have any comments on thee proposed changes as they relate to Landlord/Tenant practice, please email Scott Frank, our Co-Chair and legislative coordinator as soon as possible as we have only two days in which to respond to the RPPTL Section on these.

House Bills 0059 (same as SB 328) - Giving process servers "unannounced" access to residential common areas and gated communities to effect service.

HB 0291 (same SB 0426) - Amends 83.62.   Allowing process servers to post a writ of possession in addition to the sheriff in residential cases.

SB 176 - Relating in parts to affordable housing matters.

Please send any comments to Scott at your earliest convenience.

Neil Shoter
Chair

[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/>

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