Good morning committee members.  We have been asked to comment upon proposed changes to Part II of Chapter 83, FS (residential leases) and Chapter 723, FS (mobile home parks).    As to Chapter 83, attached HB 77 amends the statute re: award of atty fees, eviction actions, and handling of deposits under residential leases, and HB 169 requires landlords to notify tenants if their property is in foreclosure.    As to Chapter 723, attached SBs 104 and 106 amend language pertaining to the sale of mobile home parks and lease of a mobile home park.

I would greatly appreciate anyone practicing in these areas to review the proposed changes and provide draft comments.  This should not require a significant amount of time.  Please let me know if you can help.  Thank you, Rick
Richard Eckhard | Holland & Knight
Equity Partner
100 North Tampa Street, Suite 4100 | Tampa FL 33602
Phone 813.227.6417 | Fax 813.229.0134
rick.eckhard@hklaw.commailto:rick.eckhard@hklaw.com | www.hklaw.comhttp://www.hklaw.com/

Add to address bookhttp://www.hklaw.com/vcard.aspx?user=Reckhard | View professional biographyhttp://www.hklaw.com/id77/biosReckhard

IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.

NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

Hello All,

Do we have a consensus that this dislosure must now accompany any Adverse
Action letter if an applicant is denied?

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: harry@evict.com

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I don't think there are any changes from last year's version.  I made comments last year and I am making comments this year.  Please consider the changes.  The people are disillusioned with government.  Making a law more punitive to the people/tenants will only cement their embitterment.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of rick.eckhard@hklaw.com
Sent: Friday, January 18, 2013 10:50
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Assistance Needed re: Comments on House and Senate Bills

Good morning committee members.  We have been asked to comment upon proposed changes to Part II of Chapter 83, FS (residential leases) and Chapter 723, FS (mobile home parks).    As to Chapter 83, attached HB 77 amends the statute re: award of atty fees, eviction actions, and handling of deposits under residential leases, and HB 169 requires landlords to notify tenants if their property is in foreclosure.    As to Chapter 723, attached SBs 104 and 106 amend language pertaining to the sale of mobile home parks and lease of a mobile home park.

I would greatly appreciate anyone practicing in these areas to review the proposed changes and provide draft comments.  This should not require a significant amount of time.  Please let me know if you can help.  Thank you, Rick
Richard Eckhard | Holland & Knight
Equity Partner
100 North Tampa Street, Suite 4100 | Tampa FL 33602
Phone 813.227.6417 | Fax 813.229.0134
rick.eckhard@hklaw.commailto:rick.eckhard@hklaw.com | www.hklaw.comhttp://www.hklaw.com/

Add to address bookhttp://www.hklaw.com/vcard.aspx?user=Reckhard | View professional biographyhttp://www.hklaw.com/id77/biosReckhard

IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.

NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

I like HB169 I have tenants repeatedly asking to get out of a lease because a landlord is in default.  There is nothing fair about a tenant paying rent and the Landlord not paying the mortgage.  I think the bill should go farther and state that a landlord in default breaches the lease and the tenant may vacate with 30 days notice.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of rick.eckhard@hklaw.com
Sent: Friday, January 18, 2013 10:50
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Assistance Needed re: Comments on House and Senate Bills

Good morning committee members.  We have been asked to comment upon proposed changes to Part II of Chapter 83, FS (residential leases) and Chapter 723, FS (mobile home parks).    As to Chapter 83, attached HB 77 amends the statute re: award of atty fees, eviction actions, and handling of deposits under residential leases, and HB 169 requires landlords to notify tenants if their property is in foreclosure.    As to Chapter 723, attached SBs 104 and 106 amend language pertaining to the sale of mobile home parks and lease of a mobile home park.

I would greatly appreciate anyone practicing in these areas to review the proposed changes and provide draft comments.  This should not require a significant amount of time.  Please let me know if you can help.  Thank you, Rick
Richard Eckhard | Holland & Knight
Equity Partner
100 North Tampa Street, Suite 4100 | Tampa FL 33602
Phone 813.227.6417 | Fax 813.229.0134
rick.eckhard@hklaw.commailto:rick.eckhard@hklaw.com | www.hklaw.comhttp://www.hklaw.com/

Add to address bookhttp://www.hklaw.com/vcard.aspx?user=Reckhard | View professional biographyhttp://www.hklaw.com/id77/biosReckhard

IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.

NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

Rick:

As to HB169, I am not comfortable with the concept that the owner must declare himself in default. The wording which states that if the loan is is arrears more than 60 days seems to require that. Could the language provide a standard such as upon receipt of a notice of default beyond the applicable grace period, the owner must advise the tenant?

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[cid:image001.jpg@01CDF965.2DA91040]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of rick.eckhard@hklaw.com
Sent: Friday, January 18, 2013 10:50 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Assistance Needed re: Comments on House and Senate Bills

Good morning committee members.  We have been asked to comment upon proposed changes to Part II of Chapter 83, FS (residential leases) and Chapter 723, FS (mobile home parks).    As to Chapter 83, attached HB 77 amends the statute re: award of atty fees, eviction actions, and handling of deposits under residential leases, and HB 169 requires landlords to notify tenants if their property is in foreclosure.    As to Chapter 723, attached SBs 104 and 106 amend language pertaining to the sale of mobile home parks and lease of a mobile home park.

I would greatly appreciate anyone practicing in these areas to review the proposed changes and provide draft comments.  This should not require a significant amount of time.  Please let me know if you can help.  Thank you, Rick
Richard Eckhard | Holland & Knight
Equity Partner
100 North Tampa Street, Suite 4100 | Tampa FL 33602
Phone 813.227.6417 | Fax 813.229.0134
rick.eckhard@hklaw.commailto:rick.eckhard@hklaw.com | www.hklaw.comhttp://www.hklaw.com/

Add to address bookhttp://www.hklaw.com/vcard.aspx?user=Reckhard | View professional biographyhttp://www.hklaw.com/id77/biosReckhard

IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.

NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

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received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

HB169

I do not support HB169.  Although on the surface, it seems to have good
intent, it could cause more harm than good.  Overall, the disclosures
required here, under the threat of criminal penalties, may result in more
foreclosures and less availability of rental properties. Add to that the
fact that a landlord on the verge of foreclosure, who might be able to save
the property with a new income stream (new tenant) would suffer the stigma
of a criminal record, seems too heavy handed.

For the sake of argument, let's assume that a prospective tenant or a
current tenant up for renewal will not lease property once the disclosure is
made.  With the new revenue stream from a new tenant or a renewal, the
landlord may be able to bring the loan current, refinance the loan, do a
loan modification or workout.  Without the new revenue source, it is more
likely than not that the property will proceed through the foreclosure
process.    This means more rental property in foreclosure and less
availability of rentals for tenants.

A landlord shouldn't have to disclose to a tenant that it is in foreclosure
or has not made payments within 60 days if the landlord has valid defenses,
and/or has filed a counterclaim, and the lender is in default.  Not every
loan is properly handled by a lender and not all loans are through
institutional lenders, making it more likely that a landlord may prevail in
a foreclosure.

HB77

I do not support the amendment to s. 83.60 because I believe it will cause
more litigation, not less.  I can appreciate that a dismissal with an award
of fees to the tenant because of a deficient 3 day notice is harsh, but I
have too many questions when I read the provision "Landlord must be given an
opportunity to cure a deficiency in a notice or in the pleadings before
dismissal of the action."  What does that mean?  What type of deficiency?
How egregious of a deficiency?  How many opportunities?  How is the
opportunity given--dismissal without prejudice, or leave to amend?  How much
time will the landlord be given to cure?  How long will the tenant have to
respond to the cured deficiency?  Can this be done without conflict with the
rules of civil procedure?

The bill has promise but not as currently written.

Thank you.

Regards,

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

One Boca Place  New Address!

2255 Glades Road, Suite 324A

Boca Raton, FL 33431

Phone: (561) 989-3206

Fax: (561) 989-3204

Web: www.horkylaw.com

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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Wednesday, January 23, 2013 12:30 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Assistance Needed re: Comments on House and
Senate Bills

Rick:

As to HB169, I am not comfortable with the concept that the owner must
declare himself in default. The wording which states that if the loan is is
arrears more than 60 days seems to require that. Could the language provide
a standard such as upon receipt of a notice of default beyond the applicable
grace period, the owner must advise the tenant?

David  Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

Email Logo -Resize 30

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of
rick.eckhard@hklaw.com
Sent: Friday, January 18, 2013 10:50 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Assistance Needed re: Comments on House and Senate
Bills

Good morning committee members.  We have been asked to comment upon proposed
changes to Part II of Chapter 83, FS (residential leases) and Chapter 723,
FS (mobile home parks).    As to Chapter 83, attached HB 77 amends the
statute re: award of atty fees, eviction actions, and handling of deposits
under residential leases, and HB 169 requires landlords to notify tenants if
their property is in foreclosure.    As to Chapter 723, attached SBs 104 and
106 amend language pertaining to the sale of mobile home parks and lease of
a mobile home park.

I would greatly appreciate anyone practicing in these areas to review the
proposed changes and provide draft comments.  This should not require a
significant amount of time.  Please let me know if you can help.  Thank you,
Rick

Richard Eckhard | Holland & Knight

Equity Partner

100 North Tampa Street, Suite 4100 | Tampa FL 33602

Phone 813.227.6417 | Fax 813.229.0134

mailto:rick.eckhard@hklaw.com rick.eckhard@hklaw.com |
http://www.hklaw.com/ www.hklaw.com

http://www.hklaw.com/vcard.aspx?user=Reckhard Add to address book |
http://www.hklaw.com/id77/biosReckhard View professional biography

IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS
IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS
COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY
HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I)
AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II)
PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED
MATTER HEREIN.

NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is
intended solely for the use of the individual(s) to whom it is addressed. If
you believe you received this e-mail in error, please notify the sender
immediately, delete the e-mail from your computer and do not copy or
disclose it to anyone else. If you are not an existing client of H&K, do not
construe anything in this e-mail to make you a client unless it contains a
specific statement to that effect and do not disclose anything to H&K in
reply that you expect it to hold in confidence. If you properly received
this e-mail as a client, co-counsel or retained expert of H&K, you should
maintain its contents in confidence in order to preserve the attorney-client
or work product privilege that may be available to protect confidentiality.

The information contained in this transmission may be attorney/client
privileged and confidential. It 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 communication in error, please notify us immediately by reply
e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.

A portion of our practice involves the collection of debt and any
information you provide will be used for that purpose if we are attempting
to collect a debt from you.