[RPPTL LandTen] Legislative Changes

[Alberto M Cardet]

HB 59 - As I read it, I understand that this bill will give process servers
access to gated communities and buildings that currently deny access to
process servers.  It may need to be reworded but otherwise I think its
great.  I have had issues serving residential evictions in buildings that
require security grant access to the building and process servers are
specifically not given access.  As far as the "unannounced" if they know the
server is coming they are not going to be there.  i.e. if security calls the
tenant and says I'm sending a process server up, you are not going to get
personal service, if any.

 

HB 291 - Should probably have a sunset provision.  For the time being it is
great, as due to the foreclosure crisis the sheriff, at least in Dade
County, has a 2 or 3 week backlog on serving 24 hour notices.  My concern
are the Process Servers that have a side business "processing" residential
evictions, not to say they are practicing law without a license, and
allowing someone with questionable practices to provide a tenant with their
last chance notice to move before the sheriff returns to put them on the
street.

 

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

 


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