Empathy List Archives

NB

Neil B. Shoter

Mon, Dec 12, 2011 2:27 PM

If you have any specific comments to the attached proposal that was circulated last week, please email them to me and Scott Frank by end of this week so we can pass them on to the Section's lobbyist.

Thank you.

Neil

[http://www.shutts.com/shutts100.jpg]
Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com/

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, December 09, 2011 1:25 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] House Bill 921

Anyone see this yet?

It is a big bill.

Does anyone know who is behind it?

Harry Heist

LAW OFFICES OF
HEIST, WEISSE, DAVIS & 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 mailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

</pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

If you have any specific comments to the attached proposal that was circulated last week, please email them to me and Scott Frank by end of this week so we can pass them on to the Section's lobbyist. Thank you. Neil [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com/> ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, December 09, 2011 1:25 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] House Bill 921 Anyone see this yet? It is a big bill. Does anyone know who is behind it? Harry Heist LAW OFFICES OF HEIST, WEISSE, DAVIS & 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<mailto:harry@evict.com> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. </pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

LC

Leonard Cabral

Tue, Dec 13, 2011 6:50 AM

Comments in pdf.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Monday, December 12, 2011 9:27 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] House Bill 921

If you have any specific comments to the attached proposal that was
circulated last week, please email them to me and Scott Frank by end of this
week so we can pass them on to the Section's lobbyist.

Thank you.

Neil

Image removed by sender.

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
mailto:NShoter@shutts.com E-Mail |
http://www.shutts.com/attorneys-Neil-Shoter.html Biography |
http://www.shutts.com/vcard-181.vcf V-Card | http://www.shutts.com/
Website

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, December 09, 2011 1:25 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] House Bill 921

Anyone see this yet?

It is a big bill.

Does anyone know who is behind it?

Harry Heist

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

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Comments in pdf. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Monday, December 12, 2011 9:27 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] House Bill 921 If you have any specific comments to the attached proposal that was circulated last week, please email them to me and Scott Frank by end of this week so we can pass them on to the Section's lobbyist. Thank you. Neil Image removed by sender. Neil B. Shoter Partner / LEED Accredited Professional _____ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 <mailto:NShoter@shutts.com> E-Mail | <http://www.shutts.com/attorneys-Neil-Shoter.html> Biography | <http://www.shutts.com/vcard-181.vcf> V-Card | <http://www.shutts.com/> Website _____ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, December 09, 2011 1:25 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] House Bill 921 Anyone see this yet? It is a big bill. Does anyone know who is behind it? Harry Heist LAW OFFICES OF HEIST, WEISSE, DAVIS & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.

DW

Dave Weisse

Wed, Dec 14, 2011 8:29 PM

There are some good ideas sprinkled throughout this massive proposed revision, but it would be a mistake to adopt most of these changes. It is not time to reinvent the wheel. Mandating litigation in the event of any dispute concerning deposit retention would completely overwhelm the judicial system. It would be a good idea to clarify that partial rent acceptance does not waive the landlord's right to promptly pursue all default remedies for the existing rent balance, including eviction, but not as written in the proposed legislation.

Dave Weisse
Law Offices of Heist, Weisse, Davis & Wolk. P.A.
----- Original Message -----
From: Neil B. Shoter
To: 'RPPTL Landlord Tenant Committee'
Sent: Monday, December 12, 2011 9:27 AM
Subject: [RPPTL LandTen] House Bill 921

If you have any specific comments to the attached proposal that was circulated last week, please email them to me and Scott Frank by end of this week so we can pass them on to the Section's lobbyist.

Thank you.

Neil

   Neil B. Shoter 
    Partner / LEED Accredited Professional

    Shutts & Bowen LLP 
    1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 
    Direct: (561) 650-8535 | Fax: (561) 822-5525
    E-Mail | Biography | V-Card | Website

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, December 09, 2011 1:25 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] House Bill 921

Anyone see this yet?  

It is a big bill.

Does anyone know who is behind it?

Harry Heist

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

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

No virus found in this incoming message.
Checked by AVG - www.avg.com
Version: 9.0.920 / Virus Database: 271.1.1/4076 - Release Date: 12/12/11 02:34:00

There are some good ideas sprinkled throughout this massive proposed revision, but it would be a mistake to adopt most of these changes. It is not time to reinvent the wheel. Mandating litigation in the event of any dispute concerning deposit retention would completely overwhelm the judicial system. It would be a good idea to clarify that partial rent acceptance does not waive the landlord's right to promptly pursue all default remedies for the existing rent balance, including eviction, but not as written in the proposed legislation. Dave Weisse Law Offices of Heist, Weisse, Davis & Wolk. P.A. ----- Original Message ----- From: Neil B. Shoter To: 'RPPTL Landlord Tenant Committee' Sent: Monday, December 12, 2011 9:27 AM Subject: [RPPTL LandTen] House Bill 921 If you have any specific comments to the attached proposal that was circulated last week, please email them to me and Scott Frank by end of this week so we can pass them on to the Section's lobbyist. Thank you. Neil Neil B. Shoter Partner / LEED Accredited Professional ------------------------------------------------------------------------ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail | Biography | V-Card | Website ---------------------------------------------------------------------------- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, December 09, 2011 1:25 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] House Bill 921 Anyone see this yet? It is a big bill. Does anyone know who is behind it? Harry Heist LAW OFFICES OF HEIST, WEISSE, DAVIS & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. ------------------------------------------------------------------------------ _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten ------------------------------------------------------------------------------ No virus found in this incoming message. Checked by AVG - www.avg.com Version: 9.0.920 / Virus Database: 271.1.1/4076 - Release Date: 12/12/11 02:34:00

AJ

Anthony J. Horky

Tue, Dec 20, 2011 6:28 PM

Here are my comments to the proposed Bill:

Page 3 of 21; line 83: strike "may" and replace with "shall"

Page 6 of 21: the order of this language in this notice is confusing. Lines
141 - 145 and 154 - 158 should be revised and combined so that a tenant is
put on notice that the landlord must hold the deposit and if the dispute
cannot be resolved informally, that the parties may bring an action. The
language ".and either you or the landlord will have to file a lawsuit so
that the court can resolve the dispute" is poorly drafted.

Page 6 of 21; lines 164 -168: I agree with Leonard Cabral's comments.

Page 7 of 21; line 169: I don't understand why this subsection is only
applicable to "all other" deposits.

Page 9 of 21; lines 231 - 234: I do not agree. Why should the new landlord
only be liable for 1 month's rent? See Leonard's comments.

Page 9 of 21; lines 241 - 250: I agree with Leonard's comments.

Page 11 of 21; lines 289-290: This provision improperly allows a landlord
of a dwelling unit other than a single family home to write out its
liability for plumbing and electrical. See Leonard's comments.

Page 11 of 21; lines 292-293: I feel this is unnecessary and over
legislating. How many other contractual obligations that the landlord has
with third parties will be added next - e.g., "The landlord shall pay the
water bill unless the tenant is obligated to do so," etc.?

Page 14 of 21; line 388: I agree with Leonard's comment; to insert "in
writing"

Page 19 of 21: Understanding that a tenant who does not pay rent or has
otherwise been legally evicted from the dwelling unit rightly should be
removed, this provision, at least as to legal holidays, seems unfair when
you consider that a tenant's ability to vacate may be hindered by storage
facilities, moving companies and/or rental offices being closed on the
weekend or a legal holiday.

Thank you.

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

301 Yamato Road, Suite 1240

Boca Raton, Florida 33431

Telephone: (561) 226-4628

Facsimile: (561) 994-6693

Website: www.horkylaw.com

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 attorney-client
privileged or 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 at: ajhorky.law@gmail.com.

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.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Tuesday, December 13, 2011 1:51 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] House Bill 921

Comments in pdf.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Monday, December 12, 2011 9:27 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] House Bill 921

If you have any specific comments to the attached proposal that was
circulated last week, please email them to me and Scott Frank by end of this
week so we can pass them on to the Section's lobbyist.

Thank you.

Neil

Image removed by sender.

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
mailto:NShoter@shutts.com E-Mail |
http://www.shutts.com/attorneys-Neil-Shoter.html Biography |
http://www.shutts.com/vcard-181.vcf V-Card | http://www.shutts.com/
Website

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, December 09, 2011 1:25 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] House Bill 921

Anyone see this yet?

It is a big bill.

Does anyone know who is behind it?

Harry Heist

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

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Here are my comments to the proposed Bill: Page 3 of 21; line 83: strike "may" and replace with "shall" Page 6 of 21: the order of this language in this notice is confusing. Lines 141 - 145 and 154 - 158 should be revised and combined so that a tenant is put on notice that the landlord must hold the deposit and if the dispute cannot be resolved informally, that the parties may bring an action. The language ".and either you or the landlord will have to file a lawsuit so that the court can resolve the dispute" is poorly drafted. Page 6 of 21; lines 164 -168: I agree with Leonard Cabral's comments. Page 7 of 21; line 169: I don't understand why this subsection is only applicable to "all other" deposits. Page 9 of 21; lines 231 - 234: I do not agree. Why should the new landlord only be liable for 1 month's rent? See Leonard's comments. Page 9 of 21; lines 241 - 250: I agree with Leonard's comments. Page 11 of 21; lines 289-290: This provision improperly allows a landlord of a dwelling unit other than a single family home to write out its liability for plumbing and electrical. See Leonard's comments. Page 11 of 21; lines 292-293: I feel this is unnecessary and over legislating. How many other contractual obligations that the landlord has with third parties will be added next - e.g., "The landlord shall pay the water bill unless the tenant is obligated to do so," etc.? Page 14 of 21; line 388: I agree with Leonard's comment; to insert "in writing" Page 19 of 21: Understanding that a tenant who does not pay rent or has otherwise been legally evicted from the dwelling unit rightly should be removed, this provision, at least as to legal holidays, seems unfair when you consider that a tenant's ability to vacate may be hindered by storage facilities, moving companies and/or rental offices being closed on the weekend or a legal holiday. Thank you. Anthony J. Horky, Esquire Anthony J. Horky, P.A. 301 Yamato Road, Suite 1240 Boca Raton, Florida 33431 Telephone: (561) 226-4628 Facsimile: (561) 994-6693 Website: www.horkylaw.com 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 attorney-client privileged or 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 at: ajhorky.law@gmail.com. ------------------------------------------------------- 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. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral Sent: Tuesday, December 13, 2011 1:51 AM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] House Bill 921 Comments in pdf. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Monday, December 12, 2011 9:27 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] House Bill 921 If you have any specific comments to the attached proposal that was circulated last week, please email them to me and Scott Frank by end of this week so we can pass them on to the Section's lobbyist. Thank you. Neil Image removed by sender. Neil B. Shoter Partner / LEED Accredited Professional _____ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 <mailto:NShoter@shutts.com> E-Mail | <http://www.shutts.com/attorneys-Neil-Shoter.html> Biography | <http://www.shutts.com/vcard-181.vcf> V-Card | <http://www.shutts.com/> Website _____ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, December 09, 2011 1:25 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] House Bill 921 Anyone see this yet? It is a big bill. Does anyone know who is behind it? Harry Heist LAW OFFICES OF HEIST, WEISSE, DAVIS & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. 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