As mentioned in our Committee Meeting today, we received recently
comments to the Pro-Se Landlord/Tenant litigation forms from Florida
Legal Services.    This has taken us off the October Board of Governors'
meeting track for approval of our Committee's revisions to the forms.
As you know, our Committee and the RPPTL Section approved the forms with
our edits in April.

In general, the comments from Legal Services appear to be almost
exclusively confined to comments to the Notes to the forms, with very
minor edits to the forms themselves.    They appear to me to be mainly
clarifications of language quoted from statutes and not substantive
changes to the form's original intent.

I have made changes to Forms/Notes 1, 2, 3, 4, 6, and 7 as shown on the
attached blackline.    I did not agree with Comments A1 and A22.  Making
changes based on Legal Services comments are not mandatory -- but if we
are unresponsive, then Legal Services may offer opposition to the forms
when they move forward to the Supreme Court for final approval.

If you have any comments or changes, kindly provide them to me by no
later than Friday, October 3rd.  Absent comments, I will forward the
revised forms back to the BAR.

I appreciate your time.

Neil.

Neil B. Shoter
Partner

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
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-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/

Please note our new office address above

IRS CIRCULAR 230 NOTICE:  Pursuant to recently enacted
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used and cannot be used by any taxpayer for the purpose
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Bella Contessa, LLC v. Schnidt, 15 FLW Supp. 911( 7th Jud. Cir. 6/3/08)
Computation of amt of rent to be refunded to tenant for 50% diminishment of rental value of property due to disrepair and statutory damages to be assessed against LL that interfered with utility services.

Rental value of the diminished due to defective appliances, pest control & other disrepair set forth in Sec. 101 of TE's complaint, LL committed prohibited practices and violations by threatening to shut off electricity.

TE entitled to actual damages, but since not pled, Court computed statutory damages as matter of law based on original complaint. LL required to pay $10,803.58 to Tenant.

Date: Tue, 23 Sep 2008 15:53:50 -0400From: NShoter@shutts.comTo: landten@lists.flabarrpptl.orgCC: AMenor@shutts.comSubject: [RPPTL LandTen] Pro Se Eviction Forms Update

As mentioned in our Committee Meeting today, we received recently comments to the Pro-Se Landlord/Tenant litigation forms from Florida Legal Services.    This has taken us off the October Board of Governors' meeting track for approval of our Committee's revisions to the forms.    As you know, our Committee and the RPPTL Section approved the forms with our edits in April.

In general, the comments from Legal Services appear to be almost exclusively confined to comments to the Notes to the forms, with very minor edits to the forms themselves.    They appear to me to be mainly clarifications of language quoted from statutes and not substantive changes to the form's original intent.

I have made changes to Forms/Notes 1, 2, 3, 4, 6, and 7 as shown on the attached blackline.    I did not agree with Comments A1 and A22.  Making changes based on Legal Services comments are not mandatory -- but if we are unresponsive, then Legal Services may offer opposition to the forms when they move forward to the Supreme Court for final approval.

If you have any comments or changes, kindly provide them to me by no later than Friday, October 3rd.  Absent comments, I will forward the revised forms back to the BAR.

I appreciate your time.

Neil.

Neil B. Shoter Partner

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

Please note our new office address above
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.

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