[RPPTL LandTen] Legislative Changes

Thu Jan 27 09:21:18 PST 2011

I do not agree with either proposal.  

HB 328 is overbroad, an invasion of privacy and needs to be more
specific. I agree with the previous emails regarding the vague language
in the bill.  What exactly is the driving force behind this proposed
expansion of authority to process servers? In the past, process servers
had to work a little to get service-e.g., stakeouts, surveillance, etc.

HB0291 appears like it is going to cause logistical problems.  The
unintended result of a procedure that inserts additional steps and
involves coordination between multiple parties is delay.  I can
appreciate the purpose behind the bill, but now getting a server
involved at one stage, the sheriff at another seems problematic to me.
Perhaps the sheriff's fee should be increased to make it financially
viable for the sheriff.  Then again, why should the public pay more to
have the sheriff do its job?  I read below the problems in more rural
areas of the state and hope an answer can be found.  

Regards, 

Anthony J. Horky, Esq.

Mombach, Boyle & Hardin, P.A.

500 East Broward Boulevard

Suite 1950 Broward Financial Centre

Ft. Lauderdale, Florida 33394

Telephone: 954.467.2200 ext. 225

Facsimile:  954.467.2210

E-Mail: ahorky at mbhlawyer.com

Website: www.mbhlawyer.com

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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 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  

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IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose 
of avoiding penalties that may be imposed under U.S. tax 
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any 
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a 
person other than the sender or this firm of that 
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
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