[RPPTL LandTen] Legislative Changes

[Shane Weaver]

As far as HB 291, I do not support this bill for the reasons Alberto mentions. The final stage in removing someone from their home really should be handled by a deputy. With deputies, there is little to no possibility of fake writs, non-existent service, threats or coercion. And when tenants see a deputy, they know that whatever is being given to them is legit and they need to act on it.

I understand about the delays in some counties, but I think that is counterbalanced by the additional measure of security and protection that a deputy's service insures for both landlords and tenants.

Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 822-9885

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Alberto M Cardet
Sent: Thursday, January 27, 2011 12:09 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

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

[cid:image001.jpg at 01CBBE1D.CC881330]

Neil B. Shoter
Partner / LEED Accredited Professional
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