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RPPTL Real Estate Leasing Committee

[RPPTL LandTen] 713.10 Revisions and upcoming Committee Meeting

Neil B. Shoter

Fri, Sep 17, 2010 6:06 PM

If you are in the area, we welcome your attendance in person. Otherwise, please join us by phone.

        1-888-376-5050  Passcode:  2010210354

        August Meeting Minutes and Agenda attached

IMPORTANT COMMENTS ON THE ATTACHED STATUTORY REVISIONS:

We have a short but important agenda. Attached is the supporting documentation for the joint proposed bill from the Landlord/Tenant Committee & Construction Law Committee (CLC) regarding changes to 713.10.

Proposed bills revising Section 713.10, and 713.13 (to be sent separately);
White Paper describing the proposed legislation, and
Legislative Position Request Form

Art Menor will discuss the revisions to 713.10 and 713.10. The CLC has approved this version after several months of negotiation. This final proposal reflects comments received from many of you as well as comments from other Section committees, including Title Insurance and Mortgage. Art has worked tirelessly on behalf of our Committee negotiating with the contractor/lienor constituency of the CLC to reach a compromise that retains the important protections against the attachment of tenant-contractor liens to landlord's fee interest originally established by 713.10, but which were severely eroded by the Everglades Electric case.

We will vote to approve this final proposal so that it can be submitted to the Real Property Division/Executive Council for approval on Saturday 9/22.

As always, we appreciate your participation.

Neil Shoter, Committee Chair

[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/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | Websitehttp://www.shutts.com/

</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>

All, the next meeting of the Landlord/Tenant Committee of the Real Property Probate and Trust Law Section of the Florida Bar will be held next Friday, September 21, 2010, 1:30 pm - 3:00 pm, in conjunction with the meeting of the RPPTL Executive Council to be held at the Orlando Ritz Carlton Resort. If you are in the area, we welcome your attendance in person. Otherwise, please join us by phone. 1-888-376-5050 Passcode: 2010210354 August Meeting Minutes and Agenda attached IMPORTANT COMMENTS ON THE ATTACHED STATUTORY REVISIONS: We have a short but important agenda. Attached is the supporting documentation for the joint proposed bill from the Landlord/Tenant Committee & Construction Law Committee (CLC) regarding changes to 713.10. 1. Proposed bills revising Section 713.10, and 713.13 (to be sent separately); 2. White Paper describing the proposed legislation, and 3. Legislative Position Request Form Art Menor will discuss the revisions to 713.10 and 713.10. The CLC has approved this version after several months of negotiation. This final proposal reflects comments received from many of you as well as comments from other Section committees, including Title Insurance and Mortgage. Art has worked tirelessly on behalf of our Committee negotiating with the contractor/lienor constituency of the CLC to reach a compromise that retains the important protections against the attachment of tenant-contractor liens to landlord's fee interest originally established by 713.10, but which were severely eroded by the Everglades Electric case. We will vote to approve this final proposal so that it can be submitted to the Real Property Division/Executive Council for approval on Saturday 9/22. As always, we appreciate your participation. Neil Shoter, Committee Chair [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/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website<http://www.shutts.com/> </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>

lesstevens

Fri, Sep 17, 2010 6:15 PM

Neil:

I know it is Friday, but is the meeting on Tuesday the 21st or Friday the
24th?

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, September 17, 2010 2:07 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] 713.10 Revisions and upcoming Committee Meeting

If you are in the area, we welcome your attendance in person. Otherwise,
please join us by phone.

        1-888-376-5050  Passcode:  2010210354



        August Meeting Minutes and Agenda attached

IMPORTANT COMMENTS ON THE ATTACHED STATUTORY REVISIONS:

We have a short but important agenda. Attached is the supporting
documentation for the joint proposed bill from the Landlord/Tenant Committee
& Construction Law Committee (CLC) regarding changes to 713.10.

Proposed bills revising Section 713.10, and 713.13 (to be sent
separately);
White Paper describing the proposed legislation, and
Legislative Position Request Form

Art Menor will discuss the revisions to 713.10 and 713.10. The CLC has
approved this version after several months of negotiation. This final
proposal reflects comments received from many of you as well as comments
from other Section committees, including Title Insurance and Mortgage. Art
has worked tirelessly on behalf of our Committee negotiating with the
contractor/lienor constituency of the CLC to reach a compromise that retains
the important protections against the attachment of tenant-contractor liens
to landlord's fee interest originally established by 713.10, but which were
severely eroded by the Everglades Electric case.

We will vote to approve this final proposal so that it can be submitted to
the Real Property Division/Executive Council for approval on Saturday 9/22.

As always, we appreciate your participation.

Neil Shoter, Committee Chair

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
mailto:NShoter@shutts.com E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card | http://www.shutts.com/
Website

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.

Neil: I know it is Friday, but is the meeting on Tuesday the 21st or Friday the 24th? From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Friday, September 17, 2010 2:07 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] 713.10 Revisions and upcoming Committee Meeting All, the next meeting of the Landlord/Tenant Committee of the Real Property Probate and Trust Law Section of the Florida Bar will be held next Friday, September 21, 2010, 1:30 pm - 3:00 pm, in conjunction with the meeting of the RPPTL Executive Council to be held at the Orlando Ritz Carlton Resort. If you are in the area, we welcome your attendance in person. Otherwise, please join us by phone. 1-888-376-5050 Passcode: 2010210354 August Meeting Minutes and Agenda attached IMPORTANT COMMENTS ON THE ATTACHED STATUTORY REVISIONS: We have a short but important agenda. Attached is the supporting documentation for the joint proposed bill from the Landlord/Tenant Committee & Construction Law Committee (CLC) regarding changes to 713.10. 1. Proposed bills revising Section 713.10, and 713.13 (to be sent separately); 2. White Paper describing the proposed legislation, and 3. Legislative Position Request Form Art Menor will discuss the revisions to 713.10 and 713.10. The CLC has approved this version after several months of negotiation. This final proposal reflects comments received from many of you as well as comments from other Section committees, including Title Insurance and Mortgage. Art has worked tirelessly on behalf of our Committee negotiating with the contractor/lienor constituency of the CLC to reach a compromise that retains the important protections against the attachment of tenant-contractor liens to landlord's fee interest originally established by 713.10, but which were severely eroded by the Everglades Electric case. We will vote to approve this final proposal so that it can be submitted to the Real Property Division/Executive Council for approval on Saturday 9/22. As always, we appreciate your participation. Neil Shoter, Committee Chair <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 <mailto:NShoter@shutts.com> E-Mail | <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography | <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card | <http://www.shutts.com/> Website 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.