[RPPTL LandTen] Legislative Changes

[Neil B. Shoter]

thanks Rick, we will pass on comments received

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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 Rick G. Emmanuel
Sent: Thursday, January 27, 2011 11:13 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

I have concerns with proposed subsection (7) of Section 48.031, FS, as set forth in HB 59. While I understand that the purpose is to allow process servers access to gated communities, I believe the wording goes to far. For example:

1. What is "unannounced access"? Does this mean they can walk in without identifying who they are?

2. Why access to limited common areas? Does this allow access to balconies, storage lockers and similar areas?

3. What are "secured residential areas"? I consider my home a secured residential area. So is a condominium unit. If this bill passes, can a process server just walk into someone's home, unannounced,  without ringing the bell or telling the owner who he is? At least the police generally need a search warrant to enter someone's home.

Maybe I am over reacting, but I believe that if the bill is passed as written, it will have unintended consequences, lead to litigation and could be unconstitutional.

Thanks,

Rick

Patrick G. Emmanuel, Jr., Esq.
Board Certified Real Estate Lawyer
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: Wednesday, January 26, 2011 8:24 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

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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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