Empathy List Archives

NB

Neil B. Shoter

Tue, Feb 8, 2011 2:31 PM

Please see the attached proposed Senate Bill. Our committee has been asked to provide comments by Friday. This deals with an additional exclusion from Part 2 of Section 83 for transients occupying without out agreement.

If you have any specific comments or opinions, please email then to me or our Vice Chair, Scott Frank.

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/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>

Please see the attached proposed Senate Bill. Our committee has been asked to provide comments by Friday. This deals with an additional exclusion from Part 2 of Section 83 for transients occupying without out agreement. If you have any specific comments or opinions, please email then to me or our Vice Chair, Scott Frank. 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/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>

GH

Greg Hass

Tue, Feb 8, 2011 3:16 PM

Who will decide if the person is "not legally entitled" to occupy the
premises? I assume the property owner will ask the law enforcement
officer to make this determination instead of a judge?

(6) Occupancy for less than 60 days by a person not legally entitled to
occupy the premises. A person who refuses to depart the premises is in
violation of s. 810.09 and may be removed from the premises by any law
enforcement officer.

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors(r)
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate(r) in Florida

LEGAL DISCLAIMER: The information transmitted is intended solely for
the individual or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of or taking action in reliance upon this
information by persons or entities other than the intended recipient is
prohibited. If you have received this email in error please contact the
sender and delete the material from any computer.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Tuesday, February 08, 2011 9:32 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: [RPPTL LandTen] Revisions to FS Section 786 - Residential
evictions

Please see the attached proposed Senate Bill. Our committee has been
asked to provide comments by Friday. This deals with an additional
exclusion from Part 2 of Section 83 for transients occupying without out
agreement.

If you have any specific comments or opinions, please email then to me
or our Vice Chair, Scott Frank.

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/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/

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.

Who will decide if the person is "not legally entitled" to occupy the premises? I assume the property owner will ask the law enforcement officer to make this determination instead of a judge? (6) Occupancy for less than 60 days by a person not legally entitled to occupy the premises. A person who refuses to depart the premises is in violation of s. 810.09 and may be removed from the premises by any law enforcement officer. Greg Hass, Senior Counsel Office of Law & Policy | FloridaRealtors(r) 7025 Augusta National Drive, Orlando, FL 32822 talk: 407.438.1400, ext. 2421 visit: http://www.floridarealtors.org The Voice for Real Estate(r) in Florida LEGAL DISCLAIMER: The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Tuesday, February 08, 2011 9:32 AM To: 'RPPTL Landlord Tenant Committee' Cc: 'Law Offices of Scott A. Frank' Subject: [RPPTL LandTen] Revisions to FS Section 786 - Residential evictions Please see the attached proposed Senate Bill. Our committee has been asked to provide comments by Friday. This deals with an additional exclusion from Part 2 of Section 83 for transients occupying without out agreement. If you have any specific comments or opinions, please email then to me or our Vice Chair, Scott Frank. 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/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/> 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.

DD

David D Eastman

Tue, Feb 8, 2011 4:02 PM

I am not sure of the limitation imposed by the occupancy for less than
60 days. It would appear that the landlord would want to remove an
unapproved occupancy by law enforcement at any time, including after 60
days. I am assuming that if occupancy went for longer than 60 days the
person or persons would have to be evicted pursuant to Chapter 83.

Consequently, I would strike the words "for less than 60 days"....and
include the "not legally entitled" language.

David D. Eastman, Esq.
Lutz, Bobo, Telfair, Eastman, Gabel & Lee
2155 Delta Boulevard, Suite 210-B
Tallahassee, Florida 32303
(850) 521-0890
(850) 521-0891 Facsimile

The information contained in this transmission is intended only for the
personal and confidential use of the designated recipient(s) named
above. This transmission may be attorney-client work product or
communication and as such is privileged and confidential. If the reader
of this message is not the intended recipient, you are hereby notified
that you have received this document in error, and any review,
dissemination, distribution, or copying of the contents of this
information is strictly prohibited. If you received this communication
in error, please notify us immediately by telephone and e-mail the
original transmission to us. Thank you.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Tuesday, February 08, 2011 10:16 AM
To: RPPTL Landlord Tenant Committee
Cc: Law Offices of Scott A. Frank
Subject: Re: [RPPTL LandTen] Revisions to FS Section 786 -
Residentialevictions

Who will decide if the person is "not legally entitled" to occupy the
premises? I assume the property owner will ask the law enforcement
officer to make this determination instead of a judge?

(6) Occupancy for less than 60 days by a person not legally entitled to
occupy the premises. A person who refuses to depart the premises is in
violation of s. 810.09 and may be removed from the premises by any law
enforcement officer.

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors(r)
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate(r) in Florida

LEGAL DISCLAIMER: The information transmitted is intended solely for
the individual or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of or taking action in reliance upon this
information by persons or entities other than the intended recipient is
prohibited. If you have received this email in error please contact the
sender and delete the material from any computer.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Tuesday, February 08, 2011 9:32 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: [RPPTL LandTen] Revisions to FS Section 786 - Residential
evictions

Please see the attached proposed Senate Bill. Our committee has been
asked to provide comments by Friday. This deals with an additional
exclusion from Part 2 of Section 83 for transients occupying without out
agreement.

If you have any specific comments or opinions, please email then to me
or our Vice Chair, Scott Frank.

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/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/

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.

I am not sure of the limitation imposed by the occupancy for less than 60 days. It would appear that the landlord would want to remove an unapproved occupancy by law enforcement at any time, including after 60 days. I am assuming that if occupancy went for longer than 60 days the person or persons would have to be evicted pursuant to Chapter 83. Consequently, I would strike the words "for less than 60 days"....and include the "not legally entitled" language. David D. Eastman, Esq. Lutz, Bobo, Telfair, Eastman, Gabel & Lee 2155 Delta Boulevard, Suite 210-B Tallahassee, Florida 32303 (850) 521-0890 (850) 521-0891 Facsimile The information contained in this transmission is intended only for the personal and confidential use of the designated recipient(s) named above. This transmission may be attorney-client work product or communication and as such is privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that you have received this document in error, and any review, dissemination, distribution, or copying of the contents of this information is strictly prohibited. If you received this communication in error, please notify us immediately by telephone and e-mail the original transmission to us. Thank you. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Greg Hass Sent: Tuesday, February 08, 2011 10:16 AM To: RPPTL Landlord Tenant Committee Cc: Law Offices of Scott A. Frank Subject: Re: [RPPTL LandTen] Revisions to FS Section 786 - Residentialevictions Who will decide if the person is "not legally entitled" to occupy the premises? I assume the property owner will ask the law enforcement officer to make this determination instead of a judge? (6) Occupancy for less than 60 days by a person not legally entitled to occupy the premises. A person who refuses to depart the premises is in violation of s. 810.09 and may be removed from the premises by any law enforcement officer. Greg Hass, Senior Counsel Office of Law & Policy | FloridaRealtors(r) 7025 Augusta National Drive, Orlando, FL 32822 talk: 407.438.1400, ext. 2421 visit: http://www.floridarealtors.org The Voice for Real Estate(r) in Florida LEGAL DISCLAIMER: The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Tuesday, February 08, 2011 9:32 AM To: 'RPPTL Landlord Tenant Committee' Cc: 'Law Offices of Scott A. Frank' Subject: [RPPTL LandTen] Revisions to FS Section 786 - Residential evictions Please see the attached proposed Senate Bill. Our committee has been asked to provide comments by Friday. This deals with an additional exclusion from Part 2 of Section 83 for transients occupying without out agreement. If you have any specific comments or opinions, please email then to me or our Vice Chair, Scott Frank. 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/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/> 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@lists.flabarrpptl.org

[RPPTL LandTen] Revisions to FS Section 786 - Residential evictions