[RPPTL LandTen] Revisions to FS Section 786 - Residentialevictions

[David D Eastman]

I am not sure of the limitation imposed by the occupancy for less than
60 days.  It would appear that the landlord would want to remove an
unapproved occupancy by law enforcement at any time, including after 60
days.  I am assuming that if occupancy went for longer than 60 days the
person or persons would have to be evicted pursuant to Chapter 83.
 
Consequently, I would strike the words "for less than 60 days"....and
include the "not legally entitled" language.
 
David D. Eastman, Esq.
Lutz, Bobo, Telfair, Eastman, Gabel & Lee
2155 Delta Boulevard, Suite 210-B
Tallahassee, Florida 32303
(850) 521-0890
(850) 521-0891 Facsimile
 
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Tuesday, February 08, 2011 10:16 AM
To: RPPTL Landlord Tenant Committee
Cc: Law Offices of Scott A. Frank
Subject: Re: [RPPTL LandTen] Revisions to FS Section 786 -
Residentialevictions



Who will decide if the person is "not legally entitled" to occupy the
premises?  I assume the property owner will ask the law enforcement
officer to make this determination instead of a judge?

 

 (6) Occupancy for less than 60 days by a person not legally entitled to
occupy the premises. A person who refuses to depart the premises is in
violation of s. 810.09 and may be removed from the premises by any law
enforcement officer.

 

Greg Hass, Senior Counsel

 

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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: Tuesday, February 08, 2011 9:32 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: [RPPTL LandTen] Revisions to FS Section 786 - Residential
evictions

 

Please see the attached proposed Senate Bill. Our committee has been
asked to provide comments by Friday.  This deals with an additional
exclusion from Part 2 of Section 83 for transients occupying without out
agreement.  

 

If you have any specific comments or opinions, please email then to me
or our Vice Chair, Scott Frank.

 

Neil

 

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Neil B. Shoter 
Partner / LEED Accredited Professional  

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