After reading this proposed amendment, I am opposed to its enactment. I am in agreement with and adopt by reference the statements and positions of the other members opposing this amendment. Thank you.
Regards,
Anthony J. Horky, Esq.
Anthony J. Horky, P.A.
Ph.: (561) 989-3206
Email: ahorky@horkylaw.com
www.bocabusinesslawyer.com
Sent from my iPhone
On Jan 16, 2020, at 1:32 PM, Brenda Ezell brenda@ezellfirmpa.com wrote:
Good afternoon. Attached for your consideration and comment is HB 6069 which was just introduced this week. This bill seriously impacts how evictions will proceed so I thought it would be a good idea to get comments from all of you who practice in this area in advance of the Section taking a position on this.
Thank you.
Brenda
Best regards,
Brenda B. Ezell, B.C.S.
<image001.jpg>
<image002.png>
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.
<HB 6069.pdf>
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Note line 26.
About 20 years ago or so, the law did not say "default judgment" and the law
was changed to clarify this.
This was to close a loophole where while there would be a default, it was
not clear that this would be a default judgment of eviction with writ to
follow. Back then, some judges were setting hearings where there should not
have been one and this tightened that up.
The Florida Apartment Association was the main force behind cleaning that up
back then.
The various legal services organizations in Florida have wanted this change
for years and would argue that the tenants were not given due process if
they were required to place money into the court registry saying that the
tenant was forced to "pay to play"
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Brenda Ezell
Sent: Thursday, January 16, 2020 1:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] HB 6069
Good afternoon. Attached for your consideration and comment is HB 6069
which was just introduced this week. This bill seriously impacts how
evictions will proceed so I thought it would be a good idea to get comments
from all of you who practice in this area in advance of the Section taking a
position on this.
Thank you.
Brenda
Best regards,
Brenda B. Ezell, B.C.S.
BCS
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
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have received this message in error, please immediately notify the sender
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strictly prohibited.
Another no vote here. There are three bad bills out there now. All strike the requirements relative to posting $ in the registry or forfeiting a defense. But, one includes a right of first refusal if the unit is to be sold, essentially imposes rent control across the board and prohibits “discrimination” based upon things like credit score and criminal background (among other horrors.) these ALL need a swift death.
Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
Sent from my iPhone
On Jan 16, 2020, at 2:51 PM, Harry Heist harry@evict.com wrote:
This is not the first time that this has been introduced as a bill or was close to it. I dealt with all the Section 83 issues for the Florida Apartment Association for 25 years as their prior Legal Counsel and continue to assist them on all the bills that involve them.
I can assure you that this will be vehemently opposed by the Florida Apartment Association and also the National Association of Residential Property Managers which has a number of chapters in Florida. Most of the members are our clients as well.
I will keep you informed from the Florida Apartment Association and NARPM end of it and can put you in touch with all the government affairs staff and lobbyist. FAA uses Ron Book who many of you know.
This must be defeated.
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
Email: harry@evict.com
<image003.png>
Visit us on Facebook
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.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Brenda Ezell
Sent: Thursday, January 16, 2020 1:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] HB 6069
Good afternoon. Attached for your consideration and comment is HB 6069 which was just introduced this week. This bill seriously impacts how evictions will proceed so I thought it would be a good idea to get comments from all of you who practice in this area in advance of the Section taking a position on this.
Thank you.
Brenda
Best regards,
Brenda B. Ezell, B.C.S.
<image004.jpg>
<image005.png>
3560 Cardinal Point Drive, Suite 202
Jacksonville, FL 32257
904.432.3200 (o)
904-432-3201 (f)
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.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Deborah, can you provide the other two bill numbers?
Sent from my Verizon, Samsung Galaxy smartphone
Regards,
Brenda B. Ezell, B.C.S.
Ezell Law Firm, P.A.
3560 Cardinal Point Dr., Suite 202
Jacksonville, FL 32257
(904) 432-3200
www.ezellfirmpa.com
-------- Original message --------
From: Deborah Marks deborahmarkslaw@gmail.com
Date: 1/16/20 15:15 (GMT-05:00)
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] HB 6069
Another no vote here. There are three bad bills out there now. All strike the requirements relative to posting $ in the registry or forfeiting a defense. But, one includes a right of first refusal if the unit is to be sold, essentially imposes rent control across the board and prohibits “discrimination” based upon things like credit score and criminal background (among other horrors.) these ALL need a swift death.
Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
Sent from my iPhone
On Jan 16, 2020, at 2:51 PM, Harry Heist harry@evict.com wrote:
This is not the first time that this has been introduced as a bill or was close to it. I dealt with all the Section 83 issues for the Florida Apartment Association for 25 years as their prior Legal Counsel and continue to assist them on all the bills that involve them.
I can assure you that this will be vehemently opposed by the Florida Apartment Association and also the National Association of Residential Property Managers which has a number of chapters in Florida. Most of the members are our clients as well.
I will keep you informed from the Florida Apartment Association and NARPM end of it and can put you in touch with all the government affairs staff and lobbyist. FAA uses Ron Book who many of you know.
This must be defeated.
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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
<image003.png>
Visit us on Facebook
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.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Brenda Ezell
Sent: Thursday, January 16, 2020 1:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] HB 6069
Good afternoon. Attached for your consideration and comment is HB 6069 which was just introduced this week. This bill seriously impacts how evictions will proceed so I thought it would be a good idea to get comments from all of you who practice in this area in advance of the Section taking a position on this.
Thank you.
Brenda
Best regards,
Brenda B. Ezell, B.C.S.
<image004.jpg>
<image005.png>
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.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
It was introduced in the House by Rep. Anna Eskamani (District 47/Orange County). You can track the bill here: https://public.lobbytools.com/index.cfm?type=bills&id=55730
The Senate Bill that Brenda mentioned (Sen. Torres) can be tracked here: https://www.flsenate.gov/Session/Bill/2020/1528
[Trenam Law]https://www.trenam.com/
GREGORY R. HANEY | ATTORNEY
Florida Bar Board Certified Specialist in Real Estate Law
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Kristopher Fernandez
Sent: Thursday, January 16, 2020 1:42 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] HB 6069
I am strongly against it the change. Without the “default” language, a tenant can plead any defense the wants to plead, valid or not. The result is to delay the landlord from quickly regaining possession of its property. It will also increase the landlord’s attorney fees if I now have to have an evidentiary hearing to overcome the tenant’s defenses and obtain an eviction judgment.
. Do you know who is proposing the change and why?
Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL 33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)
NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Brenda Ezell
Sent: Thursday, January 16, 2020 1:29 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] HB 6069
Good afternoon. Attached for your consideration and comment is HB 6069 which was just introduced this week. This bill seriously impacts how evictions will proceed so I thought it would be a good idea to get comments from all of you who practice in this area in advance of the Section taking a position on this.
Thank you.
Brenda
Best regards,
Brenda B. Ezell, B.C.S.
[BCS]
[cid:image008.png@01D5CC84.FF24F860]
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.
According to the Section’s legislative consultants, these bills do not appear to have any significant chance of advancing through the legislative process.
[cid:image003.jpg@01D51FA2.FDE2A630]
Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
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Please consider the environment before printing this email
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Brenda Ezell
Sent: Thursday, January 16, 2020 3:53 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] HB 6069
EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.
Deborah, can you provide the other two bill numbers?
Sent from my Verizon, Samsung Galaxy smartphone
Regards,
Brenda B. Ezell, B.C.S.
Ezell Law Firm, P.A.
3560 Cardinal Point Dr., Suite 202
Jacksonville, FL 32257
(904) 432-3200
www.ezellfirmpa.com
-------- Original message --------
From: Deborah Marks deborahmarkslaw@gmail.com
Date: 1/16/20 15:15 (GMT-05:00)
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] HB 6069
Another no vote here. There are three bad bills out there now. All strike the requirements relative to posting $ in the registry or forfeiting a defense. But, one includes a right of first refusal if the unit is to be sold, essentially imposes rent control across the board and prohibits “discrimination” based upon things like credit score and criminal background (among other horrors.) these ALL need a swift death.
Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
Sent from my iPhone
On Jan 16, 2020, at 2:51 PM, Harry Heist harry@evict.com wrote:
This is not the first time that this has been introduced as a bill or was close to it. I dealt with all the Section 83 issues for the Florida Apartment Association for 25 years as their prior Legal Counsel and continue to assist them on all the bills that involve them.
I can assure you that this will be vehemently opposed by the Florida Apartment Association and also the National Association of Residential Property Managers which has a number of chapters in Florida. Most of the members are our clients as well.
I will keep you informed from the Florida Apartment Association and NARPM end of it and can put you in touch with all the government affairs staff and lobbyist. FAA uses Ron Book who many of you know.
This must be defeated.
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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
<image003.png>https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Brenda Ezell
Sent: Thursday, January 16, 2020 1:29 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] HB 6069
Good afternoon. Attached for your consideration and comment is HB 6069 which was just introduced this week. This bill seriously impacts how evictions will proceed so I thought it would be a good idea to get comments from all of you who practice in this area in advance of the Section taking a position on this.
Thank you.
Brenda
Best regards,
Brenda B. Ezell, B.C.S.
<image004.jpg>
<image005.png>
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.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org on behalf of Brenda Ezell brenda@ezellfirmpa.com
Sent: Thursday, January 16, 2020 6:29:21 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] HB 6069
Good afternoon. Attached for your consideration and comment is HB 6069 which was just introduced this week. This bill seriously impacts how evictions will proceed so I thought it would be a good idea to get comments from all of you who practice in this area in advance of the Section taking a position on this.
Thank you.
Brenda
Best regards,
Brenda B. Ezell, B.C.S.
[BCS]
[cid:image002.png@01D5CC70.F4B4C9F0]
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.