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[RPPTL LandTen] Florida Bar Journal Article - FS 689.01

BE
Brenda Ezell
Mon, Jun 29, 2020 6:31 PM

Good afternoon everyone.  Attached is a draft article which discusses the change to Florida Statutes 689.01 to remove the witness requirement for leases which is presented for our review and comments prior to submission for publication in the Florida Bar Journal.  The Florida Bar Journal publication committee is interested in any comments relating to any potential substantive issues or general value for publication and has asked for feedback by the end of this week so your prompt response is appreciated.

Thank you!

Brenda

Best regards,

Brenda B. Ezell, B.C.S.

[BCS]

[cid:image002.png@01D622E5.16EDD9B0]
3560 Cardinal Point Drive, Suite 202
Jacksonville, FL 32257
904.432.3200 (o)
904-432-3201 (f)
www.ezellfirmpa.comhttp://www.ezellfirmpa.com/

CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

Good afternoon everyone. Attached is a draft article which discusses the change to Florida Statutes 689.01 to remove the witness requirement for leases which is presented for our review and comments prior to submission for publication in the Florida Bar Journal. The Florida Bar Journal publication committee is interested in any comments relating to any potential substantive issues or general value for publication and has asked for feedback by the end of this week so your prompt response is appreciated. Thank you! Brenda Best regards, Brenda B. Ezell, B.C.S. [BCS] [cid:image002.png@01D622E5.16EDD9B0] 3560 Cardinal Point Drive, Suite 202 Jacksonville, FL 32257 904.432.3200 (o) 904-432-3201 (f) www.ezellfirmpa.com<http://www.ezellfirmpa.com/> CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.
G
gammill (at) miamilawoffice.com
Mon, Jun 29, 2020 7:51 PM

Dear Ms. Ezell,

This is a very well written postmortem.  (I did not review the cases cited because they would be only of historical interest, and no longer of precedential value, in light of the statutory revision.)

Warren P. Gammill, Esq.

Warren Gammill & Associates, P.L.

Suite 400, Courthouse Plaza

28 West Flagler Street

Miami, Florida 33130

Telephone: 305-579-0000

Telecopier: 305-371-6927

mailto:Gammill@MiamiLawOffice.com Gammill@MiamiLawOffice.com

Website:  http://www.gammilllaw.com/ www.gammilllaw.com

From: landtencl-bounces@lists.flabarrpptl.org landtencl-bounces@lists.flabarrpptl.org On Behalf Of Brenda Ezell
Sent: Monday, June 29, 2020 2:32 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org; RPPTL Landlord Tennant Committee landtencl@lists.flabarrpptl.org
Subject: [RPPTL LandTenCL] Florida Bar Journal Article - FS 689.01

Good afternoon everyone.  Attached is a draft article which discusses the change to Florida Statutes 689.01 to remove the witness requirement for leases which is presented for our review and comments prior to submission for publication in the Florida Bar Journal.  The Florida Bar Journal publication committee is interested in any comments relating to any potential substantive issues or general value for publication and has asked for feedback by the end of this week so your prompt response is appreciated.

Thank you!

Brenda

Best regards,

Brenda B. Ezell, B.C.S.

3560 Cardinal Point Drive, Suite 202

Jacksonville, FL 32257

904.432.3200 (o)

904-432-3201 (f)

http://www.ezellfirmpa.com/ www.ezellfirmpa.com

CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

Dear Ms. Ezell, This is a very well written postmortem. (I did not review the cases cited because they would be only of historical interest, and no longer of precedential value, in light of the statutory revision.) Warren P. Gammill, Esq. Warren Gammill & Associates, P.L. Suite 400, Courthouse Plaza 28 West Flagler Street Miami, Florida 33130 Telephone: 305-579-0000 Telecopier: 305-371-6927 <mailto:Gammill@MiamiLawOffice.com> Gammill@MiamiLawOffice.com Website: <http://www.gammilllaw.com/> www.gammilllaw.com From: landtencl-bounces@lists.flabarrpptl.org <landtencl-bounces@lists.flabarrpptl.org> On Behalf Of Brenda Ezell Sent: Monday, June 29, 2020 2:32 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>; RPPTL Landlord Tennant Committee <landtencl@lists.flabarrpptl.org> Subject: [RPPTL LandTenCL] Florida Bar Journal Article - FS 689.01 Good afternoon everyone. Attached is a draft article which discusses the change to Florida Statutes 689.01 to remove the witness requirement for leases which is presented for our review and comments prior to submission for publication in the Florida Bar Journal. The Florida Bar Journal publication committee is interested in any comments relating to any potential substantive issues or general value for publication and has asked for feedback by the end of this week so your prompt response is appreciated. Thank you! Brenda Best regards, Brenda B. Ezell, B.C.S. 3560 Cardinal Point Drive, Suite 202 Jacksonville, FL 32257 904.432.3200 (o) 904-432-3201 (f) <http://www.ezellfirmpa.com/> www.ezellfirmpa.com CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.
ER
Eric.Rapkin (at) akerman.com
Mon, Jun 29, 2020 8:01 PM

The second paragraph (and fn3) differ from what was in the white paper that the section had put out, which said that some would argue that the statute did require witnesses to the tenant's signature:

[cid:image003.png@01D64E2E.85D0E3D0]

Eric D. Rapkin
Chair, Real Estate Practice Group
Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301
D: 954 759 8962 | T: 954 463 2700 | C: 305 343 6129 | F: 954 847 5350
eric.rapkin@akerman.commailto:eric.rapkin@akerman.com

vCardhttps://www.akerman.com/vcards/165.vcf | Profilehttps://www.akerman.com/en/people/eric-rapkin.html

[Akerman Logo]http://www.akerman.com/

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

From: landtencl-bounces@lists.flabarrpptl.org landtencl-bounces@lists.flabarrpptl.org On Behalf Of gammill@miamilawoffice.com
Sent: Monday, June 29, 2020 3:51 PM
To: 'RPPTL Landlord Tennant Committee' landtencl@lists.flabarrpptl.org; 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTenCL] Florida Bar Journal Article - FS 689.01

Dear Ms. Ezell,

This is a very well written postmortem.  (I did not review the cases cited because they would be only of historical interest, and no longer of precedential value, in light of the statutory revision.)

Warren P. Gammill, Esq.
Warren Gammill & Associates, P.L.
Suite 400, Courthouse Plaza
28 West Flagler Street
Miami, Florida 33130
Telephone: 305-579-0000
Telecopier: 305-371-6927
Gammill@MiamiLawOffice.commailto:Gammill@MiamiLawOffice.com
Website: www.gammilllaw.comhttp://www.gammilllaw.com/

From: landtencl-bounces@lists.flabarrpptl.orgmailto:landtencl-bounces@lists.flabarrpptl.org <landtencl-bounces@lists.flabarrpptl.orgmailto:landtencl-bounces@lists.flabarrpptl.org> On Behalf Of Brenda Ezell
Sent: Monday, June 29, 2020 2:32 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>; RPPTL Landlord Tennant Committee <landtencl@lists.flabarrpptl.orgmailto:landtencl@lists.flabarrpptl.org>
Subject: [RPPTL LandTenCL] Florida Bar Journal Article - FS 689.01

Good afternoon everyone.  Attached is a draft article which discusses the change to Florida Statutes 689.01 to remove the witness requirement for leases which is presented for our review and comments prior to submission for publication in the Florida Bar Journal.  The Florida Bar Journal publication committee is interested in any comments relating to any potential substantive issues or general value for publication and has asked for feedback by the end of this week so your prompt response is appreciated.

Thank you!

Brenda

Best regards,

Brenda B. Ezell, B.C.S.

[BCS]

[cid:image002.png@01D622E5.16EDD9B0]
3560 Cardinal Point Drive, Suite 202
Jacksonville, FL 32257
904.432.3200 (o)
904-432-3201 (f)
www.ezellfirmpa.comhttp://www.ezellfirmpa.com/

CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.

The second paragraph (and fn3) differ from what was in the white paper that the section had put out, which said that some would argue that the statute did require witnesses to the tenant's signature: [cid:image003.png@01D64E2E.85D0E3D0] Eric D. Rapkin Chair, Real Estate Practice Group Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301 D: 954 759 8962 | T: 954 463 2700 | C: 305 343 6129 | F: 954 847 5350 eric.rapkin@akerman.com<mailto:eric.rapkin@akerman.com> vCard<https://www.akerman.com/vcards/165.vcf> | Profile<https://www.akerman.com/en/people/eric-rapkin.html> [Akerman Logo]<http://www.akerman.com/> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. From: landtencl-bounces@lists.flabarrpptl.org <landtencl-bounces@lists.flabarrpptl.org> On Behalf Of gammill@miamilawoffice.com Sent: Monday, June 29, 2020 3:51 PM To: 'RPPTL Landlord Tennant Committee' <landtencl@lists.flabarrpptl.org>; 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTenCL] Florida Bar Journal Article - FS 689.01 Dear Ms. Ezell, This is a very well written postmortem. (I did not review the cases cited because they would be only of historical interest, and no longer of precedential value, in light of the statutory revision.) Warren P. Gammill, Esq. Warren Gammill & Associates, P.L. Suite 400, Courthouse Plaza 28 West Flagler Street Miami, Florida 33130 Telephone: 305-579-0000 Telecopier: 305-371-6927 Gammill@MiamiLawOffice.com<mailto:Gammill@MiamiLawOffice.com> Website: www.gammilllaw.com<http://www.gammilllaw.com/> From: landtencl-bounces@lists.flabarrpptl.org<mailto:landtencl-bounces@lists.flabarrpptl.org> <landtencl-bounces@lists.flabarrpptl.org<mailto:landtencl-bounces@lists.flabarrpptl.org>> On Behalf Of Brenda Ezell Sent: Monday, June 29, 2020 2:32 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>; RPPTL Landlord Tennant Committee <landtencl@lists.flabarrpptl.org<mailto:landtencl@lists.flabarrpptl.org>> Subject: [RPPTL LandTenCL] Florida Bar Journal Article - FS 689.01 Good afternoon everyone. Attached is a draft article which discusses the change to Florida Statutes 689.01 to remove the witness requirement for leases which is presented for our review and comments prior to submission for publication in the Florida Bar Journal. The Florida Bar Journal publication committee is interested in any comments relating to any potential substantive issues or general value for publication and has asked for feedback by the end of this week so your prompt response is appreciated. Thank you! Brenda Best regards, Brenda B. Ezell, B.C.S. [BCS] [cid:image002.png@01D622E5.16EDD9B0] 3560 Cardinal Point Drive, Suite 202 Jacksonville, FL 32257 904.432.3200 (o) 904-432-3201 (f) www.ezellfirmpa.com<http://www.ezellfirmpa.com/> CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and may contain information which is legally privileged or otherwise exempt from disclosure. They are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipients or otherwise have reason to believe that you have received this message in error, please immediately notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.