[RPPTL LandTen] HB 305 - Transient Occupancy

Mon Jan 26 05:49:01 PST 2015

I agree with Mr. Waller. Moreover, 82.02 should be amended to expand the
definition of unlawful detention to include a situation where the person
enters peaceably and then withholds possession against the person who is
entitled to possession. 82.04 states that summary procedure is available for
that situation but doesn't clearly give a remedy.  

DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER'S E-MAIL ADDRESS.
DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE RULES OF COURT.
ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO SERVICE
<mailto:PLEADINGS at VOVALAW.COM> PLEADINGS at CARUSILAW.COM.

Daniel S. Carusi, Esq.

Daniel S. Carusi. P.A.

517 SW 1 Avenue

Ft. Lauderdale, FL 33301

954.527.0101

954.524.4169 F

This message and the documents attached to it, if any, are intended only for
the use of the addressee and may contain information that is PRIVILEGED and
CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not the
intended recipient, you are hereby notified that any dissemination of this
communication is strictly prohibited. If you have received this
communication in error, please delete all electronic copies of this message
and its attachments, if any, destroy any hard copies you may have created
and notify me immediately.

-------------------------------------------------------

Tax Advice Disclosure: To ensure compliance with requirements imposed by the
IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting, marketing or recommending to another party
any matters addressed herein.

The information contained in this transmission may contain privileged and
confidential information. It is intended only for the use of the person(s)
named above. If you are not the intended recipient, you are hereby notified
that any review, dissemination, distribution or duplication of this
communication is strictly prohibited. If you are not the intended recipient,
please contact the sender by reply email and destroy all copies of the
original message. To reply to our email administrator directly, please send
an email to  <mailto:apolloniaauciello at bellsouth.net>
apolloniaauciello at bellsouth.net.

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Roland Waller
Sent: Monday, January 26, 2015 7:45 AM
To: RPPTL Landlord Tenant Committee
Cc: Conner, Ted
Subject: Re: [RPPTL LandTen] HB 305 - Transient Occupancy

This is not a landlord tenant relationship and should not be included in the
landlord tenant statue.  This is covered by the Unlawful Detainer Statute
F.S. 82.  F.S. 82.04 (2) covers this occupancy not covered by the F.S. 83,
so if this passes the legislature needs to make a major change to F.S. 82

The Litigation Committee of the RPPTL is revising the Statute.  I will send
you the draft which was preliminarily approved at the last meeting.

Roland "Chip" Waller, Esquire

Waller & Mitchell

5332 Main Street

New Port Richey, FL 34652

Office: (727) 847-2288

Fax: (727) 848-4183

Email: roland.waller at rdwaller.com

E-service: pleadings at rdwaller.com

Hearings:  hearings at rdwaller.com

The mission of Waller & Mitchell is to take a genuine interest in our
clients, understand their objectives and meet or exceed their expectations
in a timely manner.  We strive to provide superior legal services and
maintain the highest standards of professional integrity.

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Arlene Udick
Sent: Sunday, January 25, 2015 3:09 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] FW: HB 305 - Transient Occupancy

Please comment to the proposed legislation regarding transient occupancy.
Comments due back tomorrow.  Thanks.  Arlene

Udick Law Logo_sig

Arlene C. Udick, Esq.

(p) 352-391-1888

(c) 352-217-3176

EMAIL CONFIDENTIALITY:  The information contained in this electronic message
may contain attorney-client privilege and confidential information intended
only for use of the owner of the email address listed as the recipient of
this message.  If you are not the intended recipient of this email message
you are hereby notified that any disclosure, dissemination, distribution, or
copying of this information is strictly prohibited.  If you have received
this email in error, please notify the sender by return email and/or by
telephone at 352-391-1888.    

From: Arlene Udick 
Sent: Tuesday, January 20, 2015 6:37 PM
To: 'landten at lists.flabarrpptl.org'
Subject: FW: HB 305 - Transient Occupancy

Received this email from Rob Freeman today.  The proposed legislation is
attempting to redefine "transient occupancy".  See his email below.

Please review and send your comments back to me by Monday before noon.
Thanks.  Arlene

From: Freedman, Robert S. [mailto:RFreedman at cfjblaw.com] 
Sent: Tuesday, January 20, 2015 5:01 PM
To: Alexander Dobrev - Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
(alexander.dobrev at lowndes-law.com); Arlene Udick; rick.eckhard at hklaw.com;
Conner, Ted (tconner at oldrepublictitle.com); stacy.kalmanson at fnf.com;
szikakis at parziklaw.com; treyg at floridarealtors.com
Cc: Steve Mezer; Alan Fields (AFields at wfgnationaltitle.com); Freedman,
Robert S.; Drew O'Malley
Subject: HB 305 - Transient Occupancy

Greetings to all.  Attached please find HB 305, of which I became aware of a
short time ago (it was filed last Friday).  Based upon a quick read, this
proposal seeking to revise the definition of "transient occupancy" as well
as to exclude the concepts of transient occupancy from ch. 83.  I have
copied the Landlord/Tenant committee legislative liaisons, as this directly
falls under their scope, but have included the rest of you given the nature
of the proposal and its potential ramifications.  So far, there is not a
Senate sponsor.  I do not know the reason behind this filing from Rep.
Harrison (from the New Tampa area).

So, please provide me with your thoughts and comments in bullet-point format
- if you believe that language changes are needed, please also provide a
markup of the bill pages.  I would like to receive these by midday on
Tuesday, January 27th.

Thanks for your assistance.

Regards, Rob

Carlton Fields Jorden Burt, P.A.
Robert S. Freedman
Shareholder

4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida  33607-5780 
Direct:  813.229.4149 | Fax:  813.229.4133

 <mailto:RFreedman at cfjblaw.com> RFreedman at cfjblaw.com |
<http://www.CFJBLaw.com> www.CFJBLaw.com  
 <http://www.linkedin.com/in/robfreedmancarltonfields> LinkedIn   

Confidential: This e-mail contains a communication protected by the
attorney-client privilege or constitutes work product.  If you do not expect
such a communication please delete this message without reading it or any
attachment and then notify the sender of this inadvertent delivery. 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20150126/f2dc93af/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2679 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20150126/f2dc93af/image001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 26949 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20150126/f2dc93af/image002-0001.jpg>