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RPPTL Real Estate Leasing Committee

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[RPPTL LandTen] FW: RPPTL Leg: CDD HB 7203

FS
Frank, Scott A.
Tue, Apr 6, 2010 1:04 PM

All:

Attached please find a new House proposal allowing in essence rental tax
surcharges in certain development districts.  Please provide any
thoughts or suggestions by end of day today so we can determine whether
we want to provide a Committee response.

Thanks.

Scott A Frank
Attorney at Law
ARNSTEIN & LEHR LLP
www.arnstein.com http://www.arnstein.com/

515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323
Phone: 561.833.9800
Fax: 561.655.5551

433 Plaza Real
Suite 275
Boca Raton, Florida 33401-4323
Phone: 561.962.4145
Fax: 561.962.4245
SAFrank@arnstein.com mailto:SAFrank@arnstein.com

Offices in Illinois, Florida, and Wisconsin


From: Michael J. Gelfand [mailto:mjgelfand@gelfandarpe.com]
Sent: Tuesday, April 06, 2010 12:57 AM
To: etaft@taftlawnaples.com; nkibert@carltonfields.com; Neil B. Shoter;
Frank, Scott A.; RFreedman@CarltonFields.com; smezer@bushross.com
Cc: Alan Fields; GMeyer@CarltonFields.com
Subject: RPPTL Leg: CDD HB 7203

Any comments from your committees on this proposal?

Michael J. Gelfand

Florida Bar Board Certified Real Estate Attorney

Florida Supreme Court Certified Mediator:

Civil Circuit Court & Civil County Court

Gelfand & Arpe, P.A. http://www.gelfandarpe.com/

"Assisting Communities to Efficiently Reach Goals"

Regions Financial Tower, Suite 1220

1555 Palm Beach Lakes Blvd.

West Palm Beach Florida 33401

(561) 655-6224

This communication/transmission is intended only for the use of the
addressee(s) named above and may contain information that is privileged
and confidential. Access to this e-mail by anyone else is unauthorized.
If you are not the intended recipient, you are hereby notified that any
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strictly prohibited. If you received this transmission in error, please
immediately alert the sender by reply e-mail and permanently delete and
destroy this message and any attachments. To reply to our e-mail
administrator directly, please send an e-mail to ga@gelfandarpe.com.
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Nothing contained in this message (including any attachments) shall
constitute a contract or electronic signature under the Electronic
Signatures in Global and National Commerce Act, any version of the
Uniform Electronic Transactions Act or any other statute governing
electronic transactions. This e-mail does not provide an opinion, nor
without a fee agreement signed by the firm does this confirm
representation or counsel.

IRS Circular 230 Notice: To ensure compliance with the requirements
imposed by the IRS, we inform you that any U.S. tax advice contained in
this communication (including any attachments) is not intended or
written to be used, and may not be used, for the purpose of (i) avoiding
penalties under the Internal Revenue Code or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed
herein.

P Please consider the environment before printing this e-mail

This electronic mail transmission may contain confidential or privileged information.
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or disclosing it.

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.

All: Attached please find a new House proposal allowing in essence rental tax surcharges in certain development districts. Please provide any thoughts or suggestions by end of day today so we can determine whether we want to provide a Committee response. Thanks. Scott A Frank Attorney at Law ARNSTEIN & LEHR LLP www.arnstein.com <http://www.arnstein.com/> 515 North Flagler Drive Sixth Floor West Palm Beach, Florida 33401-4323 Phone: 561.833.9800 Fax: 561.655.5551 433 Plaza Real Suite 275 Boca Raton, Florida 33401-4323 Phone: 561.962.4145 Fax: 561.962.4245 SAFrank@arnstein.com <mailto:SAFrank@arnstein.com> Offices in Illinois, Florida, and Wisconsin ________________________________ From: Michael J. Gelfand [mailto:mjgelfand@gelfandarpe.com] Sent: Tuesday, April 06, 2010 12:57 AM To: etaft@taftlawnaples.com; nkibert@carltonfields.com; Neil B. Shoter; Frank, Scott A.; RFreedman@CarltonFields.com; smezer@bushross.com Cc: Alan Fields; GMeyer@CarltonFields.com Subject: RPPTL Leg: CDD HB 7203 Any comments from your committees on this proposal? Michael J. Gelfand Florida Bar Board Certified Real Estate Attorney Florida Supreme Court Certified Mediator: Civil Circuit Court & Civil County Court Gelfand & Arpe, P.A. <http://www.gelfandarpe.com/> "Assisting Communities to Efficiently Reach Goals" Regions Financial Tower, Suite 1220 1555 Palm Beach Lakes Blvd. West Palm Beach Florida 33401 (561) 655-6224 This communication/transmission is intended only for the use of the addressee(s) named above and may contain information that is privileged and confidential. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this communication is strictly prohibited. If you received this transmission in error, please immediately alert the sender by reply e-mail and permanently delete and destroy this message and any attachments. To reply to our e-mail administrator directly, please send an e-mail to ga@gelfandarpe.com. <mailto:ga@gelfandarpe.com.> Nothing contained in this message (including any attachments) shall constitute a contract or electronic signature under the Electronic Signatures in Global and National Commerce Act, any version of the Uniform Electronic Transactions Act or any other statute governing electronic transactions. This e-mail does not provide an opinion, nor without a fee agreement signed by the firm does this confirm representation or counsel. IRS Circular 230 Notice: To ensure compliance with the requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and may not be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. P Please consider the environment before printing this e-mail This electronic mail transmission may contain confidential or privileged information. If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. 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.
DW
David Weisman
Tue, Apr 6, 2010 1:49 PM

I do not think that this impacts our practice one way or another.  It is a revenue source for the CCD that passes it, and the provision that requires landowner approval will protect communities that do not want it. The only time it would pass would be developer controlled CCD's.

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.png@01CAD56E.6C3C4B10]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Frank, Scott A.
Sent: Tuesday, April 06, 2010 9:05 AM
To: RPPTL Landlord Tenant Committee
Cc: Neil B. Shoter
Subject: [RPPTL LandTen] FW: RPPTL Leg: CDD HB 7203

All:

Attached please find a new House proposal allowing in essence rental tax surcharges in certain development districts.  Please provide any thoughts or suggestions by end of day today so we can determine whether we want to provide a Committee response.

Thanks.

Scott A Frank
Attorney at Law
ARNSTEIN & LEHR LLP
www.arnstein.comhttp://www.arnstein.com/

515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323
Phone: 561.833.9800
Fax: 561.655.5551

433 Plaza Real
Suite 275
Boca Raton, Florida 33401-4323
Phone: 561.962.4145
Fax: 561.962.4245
SAFrank@arnstein.commailto:SAFrank@arnstein.com

Offices in Illinois, Florida, and Wisconsin


From: Michael J. Gelfand [mailto:mjgelfand@gelfandarpe.com]
Sent: Tuesday, April 06, 2010 12:57 AM
To: etaft@taftlawnaples.com; nkibert@carltonfields.com; Neil B. Shoter; Frank, Scott A.; RFreedman@CarltonFields.com; smezer@bushross.com
Cc: Alan Fields; GMeyer@CarltonFields.com
Subject: RPPTL Leg: CDD HB 7203
Any comments from your committees on this proposal?

Michael J. Gelfand
Florida Bar Board Certified Real Estate Attorney
Florida Supreme Court Certified Mediator:
Civil Circuit Court & Civil County Court
Gelfand & Arpe, P.A.http://www.gelfandarpe.com/
"Assisting Communities to Efficiently Reach Goals"
Regions Financial Tower, Suite 1220
1555 Palm Beach Lakes Blvd.
West Palm Beach Florida 33401
(561) 655-6224

This communication/transmission is intended only for the use of the addressee(s) named above and may contain information that is privileged and confidential. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this communication is strictly prohibited. If you received this transmission in error, please immediately alert the sender by reply e-mail and permanently delete and destroy this message and any attachments. To reply to our e-mail administrator directly, please send an e-mail to ga@gelfandarpe.com.mailto:ga@gelfandarpe.com.
Nothing contained in this message (including any attachments) shall constitute a contract or electronic signature under the Electronic Signatures in Global and National Commerce Act, any version of the Uniform Electronic Transactions Act or any other statute governing electronic transactions. This e-mail does not provide an opinion, nor without a fee agreement signed by the firm does this confirm representation or counsel.
IRS Circular 230 Notice: To ensure compliance with the requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and may not be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
P Please consider the environment before printing this e-mail

This electronic mail transmission may contain confidential or privileged information.

If you believe that you have received this message in error, please notify

the sender by reply transmission and delete the message without copying or disclosing it.

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.

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.

I do not think that this impacts our practice one way or another. It is a revenue source for the CCD that passes it, and the provision that requires landowner approval will protect communities that do not want it. The only time it would pass would be developer controlled CCD's. 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.png@01CAD56E.6C3C4B10] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Frank, Scott A. Sent: Tuesday, April 06, 2010 9:05 AM To: RPPTL Landlord Tenant Committee Cc: Neil B. Shoter Subject: [RPPTL LandTen] FW: RPPTL Leg: CDD HB 7203 All: Attached please find a new House proposal allowing in essence rental tax surcharges in certain development districts. Please provide any thoughts or suggestions by end of day today so we can determine whether we want to provide a Committee response. Thanks. Scott A Frank Attorney at Law ARNSTEIN & LEHR LLP www.arnstein.com<http://www.arnstein.com/> 515 North Flagler Drive Sixth Floor West Palm Beach, Florida 33401-4323 Phone: 561.833.9800 Fax: 561.655.5551 433 Plaza Real Suite 275 Boca Raton, Florida 33401-4323 Phone: 561.962.4145 Fax: 561.962.4245 SAFrank@arnstein.com<mailto:SAFrank@arnstein.com> Offices in Illinois, Florida, and Wisconsin ________________________________ From: Michael J. Gelfand [mailto:mjgelfand@gelfandarpe.com] Sent: Tuesday, April 06, 2010 12:57 AM To: etaft@taftlawnaples.com; nkibert@carltonfields.com; Neil B. Shoter; Frank, Scott A.; RFreedman@CarltonFields.com; smezer@bushross.com Cc: Alan Fields; GMeyer@CarltonFields.com Subject: RPPTL Leg: CDD HB 7203 Any comments from your committees on this proposal? Michael J. Gelfand Florida Bar Board Certified Real Estate Attorney Florida Supreme Court Certified Mediator: Civil Circuit Court & Civil County Court Gelfand & Arpe, P.A.<http://www.gelfandarpe.com/> "Assisting Communities to Efficiently Reach Goals" Regions Financial Tower, Suite 1220 1555 Palm Beach Lakes Blvd. West Palm Beach Florida 33401 (561) 655-6224 This communication/transmission is intended only for the use of the addressee(s) named above and may contain information that is privileged and confidential. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this communication is strictly prohibited. If you received this transmission in error, please immediately alert the sender by reply e-mail and permanently delete and destroy this message and any attachments. To reply to our e-mail administrator directly, please send an e-mail to ga@gelfandarpe.com.<mailto:ga@gelfandarpe.com.> Nothing contained in this message (including any attachments) shall constitute a contract or electronic signature under the Electronic Signatures in Global and National Commerce Act, any version of the Uniform Electronic Transactions Act or any other statute governing electronic transactions. This e-mail does not provide an opinion, nor without a fee agreement signed by the firm does this confirm representation or counsel. IRS Circular 230 Notice: To ensure compliance with the requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and may not be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. P Please consider the environment before printing this e-mail This electronic mail transmission may contain confidential or privileged information. If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. 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. 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.