[RPPTL LandTen] FW: SB 656--Landlords and Tenants (Removal of Unwanted Houseguests)

Tue Feb 10 13:14:44 PST 2015

To All,

We were asked to review and comment on HB 305 a few weeks back.  Below are the combined comments that I sent to Rob.

Attached is the new Senate bill 656 which Rob sent yesterday.  He is asking for our comments to the Senate Bill.  I think it is better written but other than that do you stick to your comments or any new comments.  Time is of the essence and appreciate your time.  Arlene

[Udick Law Logo_sig]

Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176

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From: Freedman, Robert S. [mailto:RFreedman at cfjblaw.com]
Sent: Monday, February 09, 2015 4:12 PM
To: Arlene Udick
Cc: rick.eckhard at hklaw.com; Freedman, Robert S.
Subject: FW: SB 656--Landlords and Tenants (Removal of Unwanted Houseguests)
Importance: High

Arlene, we were just asked to provide comments on SB 656, which is shown as “similar” to HB 305 – below are your comment on HB 305 that you previously provided:

1.       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

2.       The Litigation Committee of the RPPTL is revising the Statute.

3.       It seems appropriate to exclude transient occupants from the class of tenants accorded protections under Chapter 83, but it would be helpful to understand the genesis of this house bill.  If this type of occupancy is no longer governed by Chapter 83, is it governed by Chapter 509 which addresses hotels and lodging?

4.       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.

5.       If it is not a tenancy then it does not belong in chapter 83- Otherwise my comment is that it is not very well drafted

6.       Why not Chapter 83 Part IV?

7.       My personal comment to the proposed statute is that it is not well drafted and where is it coming from

I had not sent your HB 305 comments on to Pete, as he had indicated that that bill was not going anywhere.  Now, with a similar bill existing in SB 656, he wants comments.  I have attached SB 656 – can you please provide comments at your earliest convenience?

FYI, Pete indicated in another email that he has heard indirectly that this bill makes it harder, not easier, to act.  Is this correct?

Thanks.  Rob

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

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From: Peter Dunbar [mailto:PDunbar at deanmead.com]
Sent: Monday, February 09, 2015 3:58 PM
To: Freedman, Robert S.
Cc: Martha Edenfield
Subject: FW: SB 656--Landlords and Tenants (Removal of Unwanted Houseguests)

Senate Judiciary Staff Director is asking for our assistance.  Do we have someone from Landlord-Tenant who can help here?

[cid:imagee6f198.GIF at a3912518.45a831c1]<http://www.deanmead.com/>

Peter M. Dunbar
Attorney at Law
PDunbar at deanmead.com<mailto:PDunbar at deanmead.com>

Dean Mead
215 S. Monroe Street, Suite 815
Tallahassee, Florida 32301
850-999-4100 . Fax 850-577-0095
www.deanmead.com<http://www.deanmead.com/>

Orlando | Fort Pierce | Gainesville | Tallahassee | Viera/Melbourne

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________________________________
From: Martha Edenfield
Sent: Monday, February 09, 2015 2:23 PM
To: Peter Dunbar
Subject: Fwd: SB 656--Landlords and Tenants (Removal of Unwanted Houseguests)

Sent from my iPhone

Begin forwarded message:
From: CIBULA.THOMAS <CIBULA.THOMAS at flsenate.gov<mailto:CIBULA.THOMAS at flsenate.gov>>
Date: February 9, 2015 at 2:22:32 PM EST
To: Martha Edenfield <MEdenfield at deanmead.com<mailto:MEdenfield at deanmead.com>>
Subject: SB 656--Landlords and Tenants (Removal of Unwanted Houseguests)
Martha,

SB 656 is designed to help people remove unwanted houseguests without having to resort to formal eviction proceedings or similar proceedings. Does the RPPTL have any thoughts on this? Does your group have an expert we could talk to about the bill?

__________________________
Thomas C. Cibula
Staff Director
Committee on Judiciary
The Florida Senate
515 Knott Building
404 South Monroe Street
Tallahassee, FL 32399

(850) 487-5198

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Subject: [RPPTL LandTen] FW: HB 305 - Transient Occupancy
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