[RPPTL LandTen] Proposed Revisions to Section 713.10, Florida Statutes
Attached is my first draft (redlined to show changes to current statute)
of proposed statutory revisions to address the Everglades Electric
Supply, Inc. v. Paraiso Granite, LLC case (28 So.3d 235 (Fla. 4th DCA
2010).
http://www.shutts.com/shutts100.jpg Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail mailto:AMenor@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | Website
http://www.shutts.com/
</pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted<br>U.S. Treasury Department Regulations, we are now required<br>to advise you that, unless otherwise expressly indicated,<br>any federal tax advice expressed above was neither<br>written nor intended by the sender or this firm to be<br>used and cannot be used by any taxpayer for the purpose <br>of avoiding penalties that may be imposed under U.S. tax <br>law. If any person uses or refers to any such tax advice<br>in promoting, marketing or recommending a partnership or<br>other entity, investment plan or arrangement to any <br>taxpayer, then the advice should be considered to have<br>been written to support the promotion or marketing by a <br>person other than the sender or this firm of that <br>transaction or matter, and such taxpayer should seek<br>advice based on the taxpayer's particular circumstances<br>from an independent tax advisor.<br><br><br>The information in this email transmission is privileged<br>and confidential. If you are not the intended recipient,<br>nor the employee or agent responsible for delivering it to<br>the intended recipient, you are hereby notified that any<br>dissemination or copying of this transmission (including<br>any attachments) is strictly prohibited. If you have<br>received this email in error, please notify the sender by<br>email reply. Thank you.<br><pre>
I would vote for Alternate 1. Less language leaves less room for interpretation.
David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942
[cid:image001.png@01CB015F.334BD600]
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J. Menor
Sent: Friday, May 28, 2010 12:12 PM
To: RPPTL Landlord Tenant Committee
Cc: lweintraub@becker-poliakoff.com; mjgelfand@gelfandarpe.com
Subject: [RPPTL LandTen] Proposed Revisions to Section 713.10, Florida Statutes
Attached is my first draft (redlined to show changes to current statute) of proposed statutory revisions to address the Everglades Electric Supply, Inc. v. Paraiso Granite, LLC case (28 So.3d 235 (Fla. 4th DCA 2010).
[cid:~WRD000.jpg]
Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mailmailto:AMenor@shutts.com | Biographyhttp://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/ | Websitehttp://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,
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The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
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Good work. I also like Alternate 1 but have this suggestion:
The protections against liens afforded by this part shall apply
notwithstanding all leases do not contain the same language prohibiting
such liability, so long as they substantially express the intention that
the interest of the lessor shall not be subject to liens for
improvements made by the lessee.
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/
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J.
Menor
Sent: Friday, May 28, 2010 12:12 PM
To: RPPTL Landlord Tenant Committee
Cc: lweintraub@becker-poliakoff.com; mjgelfand@gelfandarpe.com
Subject: [RPPTL LandTen] Proposed Revisions to Section
713.10,Florida Statutes
Attached is my first draft (redlined to show changes to current
statute) of proposed statutory revisions to address the Everglades
Electric Supply, Inc. v. Paraiso Granite, LLC case (28 So.3d 235 (Fla.
4th DCA 2010).
http://www.shutts.com/shutts100.jpg Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail mailto:AMenor@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.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 like option 1 as well, with Neil's suggested language.
Brenda
Best regards,
Brenda B. Ezell
Ezell Law Firm, PA
4651 Salisbury Road, Suite 470
Jacksonville, FL 32256
Tel. 904.253.7879
Fax. 904.253.7880
Email: brenda@ezellfirmpa.commailto:brenda@ezellfirmpa.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Tuesday, June 01, 2010 3:31 PM
To: RPPTL Landlord Tenant Committee
Cc: mjgelfand@gelfandarpe.com; lweintraub@becker-poliakoff.com
Subject: Re: [RPPTL LandTen] Proposed Revisions to Section 713.10, Florida Statutes
Good work. I also like Alternate 1 but have this suggestion:
The protections against liens afforded by this part shall apply notwithstanding all leases do not contain the same language prohibiting such liability, so long as they substantially express the intention that the interest of the lessor shall not be subject to liens for improvements made by the lessee.
[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/
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J. Menor
Sent: Friday, May 28, 2010 12:12 PM
To: RPPTL Landlord Tenant Committee
Cc: lweintraub@becker-poliakoff.com; mjgelfand@gelfandarpe.com
Subject: [RPPTL LandTen] Proposed Revisions to Section 713.10,Florida Statutes
Attached is my first draft (redlined to show changes to current statute) of proposed statutory revisions to address the Everglades Electric Supply, Inc. v. Paraiso Granite, LLC case (28 So.3d 235 (Fla. 4th DCA 2010).
[http://www.shutts.com/shutts100.jpg]
Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mailmailto:AMenor@shutts.com | Biographyhttp://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/ | Websitehttp://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
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email reply. Thank you.
That is essentially what I thought many folks were doing - for instance,
saying in the memo of record, every Lease contains at least one of the
following separate provisions, each of which independently qualifies
under the Statute to secure its benefits... then I would have a list of
every one of the different 713.10 expressions from all the leases on the
property. Of course, what's suggested below is MUCH better in that it
would then cover FUTURE leases too - I'm very much in favor of the clean
up now in the works - glad to see it happening.
Carlton Fields,
P.A.http://www.carltonfields.com/files/upload/cf_email_logo.gif
David S. Drobner
Attorney At Law
Shareholder
Miami Tower
100 S.E. Second Street, Suite 4200
Miami, Florida 33131-2114
direct 305.539.7354
fax 305.530.0055
ddrobner@carltonfields.com mailto:ddrobner@carltonfields.com
www.carltonfields.com http://www.carltonfields.com/
bio http://www.carltonfields.com/ddrobner/
vcard
<http://www.carltonfields.com/attorneys/AttorneyVCard.aspx?id=a523cec8-0
f11-41d1-b783-45ca25439a87>
- Concentrating in commercial leasing.
Confidential: This e-mail contains a communication protected by the
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of
brenda@ezellfirmpa.com
Sent: Tuesday, June 01, 2010 4:08 PM
To: RPPTL Landlord Tenant Committee
Cc: lweintraub@becker-poliakoff.com; mjgelfand@gelfandarpe.com
Subject: Re: [RPPTL LandTen] Proposed Revisions to Section 713.10,
Florida Statutes
I like option 1 as well, with Neil's suggested language.
Brenda
Best regards,
Brenda B. Ezell
Ezell Law Firm, PA
4651 Salisbury Road, Suite 470
Jacksonville, FL 32256
Tel. 904.253.7879
Fax. 904.253.7880
Email: brenda@ezellfirmpa.com
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Tuesday, June 01, 2010 3:31 PM
To: RPPTL Landlord Tenant Committee
Cc: mjgelfand@gelfandarpe.com; lweintraub@becker-poliakoff.com
Subject: Re: [RPPTL LandTen] Proposed Revisions to Section 713.10,
Florida Statutes
Good work. I also like Alternate 1 but have this suggestion:
The protections against liens afforded by this part shall apply
notwithstanding all leases do not contain the same language prohibiting
such liability, so long as they substantially express the intention that
the interest of the lessor shall not be subject to liens for
improvements made by the lessee.
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/
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J.
Menor
Sent: Friday, May 28, 2010 12:12 PM
To: RPPTL Landlord Tenant Committee
Cc: lweintraub@becker-poliakoff.com; mjgelfand@gelfandarpe.com
Subject: [RPPTL LandTen] Proposed Revisions to Section
713.10,Florida Statutes
Attached is my first draft (redlined to show changes to current
statute) of proposed statutory revisions to address the Everglades
Electric Supply, Inc. v. Paraiso Granite, LLC case (28 So.3d 235 (Fla.
4th DCA 2010).
http://www.shutts.com/shutts100.jpg
Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail mailto:AMenor@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.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 agree with Neil's suggested revision.
My one comment is on Section (2) and subsection (c). These address all leases entered into "after the date of the recording of the notice". What happens to leases that have been executed prior to or simultaneously with the execution and recording of the notice? On single tenant premises, I have negotiated both the terms of the lease and the notice with the tenant, executed same simultaneously with the lease and then sent the notice for recording. The new wording would seem to prevent this.
Thanks,
Rick Emmanuel
Patrick G. Emmanuel, Jr., Esq.
Emmanuel, Sheppard & Condon, P.A.
30 South Spring Street
Pensacola, FL 32502
Telephone: (850) 433-6581
Facsimile: (850) 433-6162
CONFIDENTIALITY STATEMENT:
This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (rge@esclaw.commailto:rge@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Tuesday, June 01, 2010 2:31 PM
To: RPPTL Landlord Tenant Committee
Cc: mjgelfand@gelfandarpe.com; lweintraub@becker-poliakoff.com
Subject: Re: [RPPTL LandTen] Proposed Revisions to Section 713.10, Florida Statutes
Good work. I also like Alternate 1 but have this suggestion:
The protections against liens afforded by this part shall apply notwithstanding all leases do not contain the same language prohibiting such liability, so long as they substantially express the intention that the interest of the lessor shall not be subject to liens for improvements made by the lessee.
[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/
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J. Menor
Sent: Friday, May 28, 2010 12:12 PM
To: RPPTL Landlord Tenant Committee
Cc: lweintraub@becker-poliakoff.com; mjgelfand@gelfandarpe.com
Subject: [RPPTL LandTen] Proposed Revisions to Section 713.10,Florida Statutes
Attached is my first draft (redlined to show changes to current statute) of proposed statutory revisions to address the Everglades Electric Supply, Inc. v. Paraiso Granite, LLC case (28 So.3d 235 (Fla. 4th DCA 2010).
[http://www.shutts.com/shutts100.jpg]
Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mailmailto:AMenor@shutts.com | Biographyhttp://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a-8b57-a6912a6d5435/Arthur_J_Menor.cfm/ | Websitehttp://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 made the protection prospective (leases entered into after the date of
the recording of the notice) because of the discussion in the
penultimate paragraph of the Everglades Electric opinion. I also think
that this is more defensible from the perspective of the lienor. It is
hard to take away lien rights from someone who is working under a lease
that was entered into before the constructive notice to that lienor that
their rights had been limited.
http://www.shutts.com/shutts100.jpg Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail mailto:AMenor@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | Website
http://www.shutts.com/
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Rick G.
Emmanuel
Sent: Tuesday, June 01, 2010 6:50 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'lweintraub@becker-poliakoff.com';
'mjgelfand@gelfandarpe.com'
Subject: Re: [RPPTL LandTen] Proposed Revisions to Section
713.10, Florida Statutes
I agree with Neil's suggested revision.
My one comment is on Section (2) and subsection (c). These
address all leases entered into "after the date of the recording of the
notice". What happens to leases that have been executed prior to or
simultaneously with the execution and recording of the notice? On single
tenant premises, I have negotiated both the terms of the lease and the
notice with the tenant, executed same simultaneously with the lease and
then sent the notice for recording. The new wording would seem to
prevent this.
Thanks,
Rick Emmanuel
Patrick G. Emmanuel, Jr., Esq.
Emmanuel, Sheppard & Condon, P.A.
30 South Spring Street
Pensacola, FL 32502
Telephone: (850) 433-6581
Facsimile: (850) 433-6162
CONFIDENTIALITY STATEMENT:
This e-mail message and all attachments transmitted with it may
contain legally privileged and confidential information intended solely
for the use of the addressee. If the reader of this message is not the
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Tuesday, June 01, 2010 2:31 PM
To: RPPTL Landlord Tenant Committee
Cc: mjgelfand@gelfandarpe.com; lweintraub@becker-poliakoff.com
Subject: Re: [RPPTL LandTen] Proposed Revisions to Section
713.10, Florida Statutes
Good work. I also like Alternate 1 but have this suggestion:
The protections against liens afforded by this part shall apply
notwithstanding all leases do not contain the same language prohibiting
such liability, so long as they substantially express the intention that
the interest of the lessor shall not be subject to liens for
improvements made by the lessee.
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/
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J.
Menor
Sent: Friday, May 28, 2010 12:12 PM
To: RPPTL Landlord Tenant Committee
Cc: lweintraub@becker-poliakoff.com;
mjgelfand@gelfandarpe.com
Subject: [RPPTL LandTen] Proposed Revisions to Section
713.10,Florida Statutes
Attached is my first draft (redlined to show changes to
current statute) of proposed statutory revisions to address the
Everglades Electric Supply, Inc. v. Paraiso Granite, LLC case (28 So.3d
235 (Fla. 4th DCA 2010).
http://www.shutts.com/shutts100.jpg Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail mailto:AMenor@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.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
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of avoiding penalties that may be imposed under U.S. tax
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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
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The information in this email transmission is privileged
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Alternative 1 essentially says that the notice will still be effective
to exculpate the landlord for liens even if all of the leases do not
contain the same exculpation language but do contain some form of
exculpation language. Alternative 2 essentially say the notice will
still be effective even if all of the leases do not contain the same
exculpation language so long as the lease in question contains that
language. I created alternative 2 because it seems to me that the basic
idea of the statute is that the landlord can avoid lien liability by
including an exculpation in a lease and recording notice of the
exculpation. I don't see why it should matter that every lease for the
property have the exact same exculpation language. The notice advises
lienors that they need to look to the tenant's interest only, it
shouldn't matter whether some leases don't have the same exculpatory
language or don't have any exculpatory language at all so long as the
lease for the premises which they are improving contains an exculpation.
The difference in exculpatory provisions or the absence of an
exculpatory provision could result from specific negotiations of
individual leases.
http://www.shutts.com/shutts100.jpg Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail mailto:AMenor@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | Website
http://www.shutts.com/
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Tuesday, June 01, 2010 3:31 PM
To: RPPTL Landlord Tenant Committee
Cc: mjgelfand@gelfandarpe.com; lweintraub@becker-poliakoff.com
Subject: Re: [RPPTL LandTen] Proposed Revisions to Section
713.10,Florida Statutes
Good work. I also like Alternate 1 but have this suggestion:
The protections against liens afforded by this part shall apply
notwithstanding all leases do not contain the same language prohibiting
such liability, so long as they substantially express the intention that
the interest of the lessor shall not be subject to liens for
improvements made by the lessee.
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/
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J.
Menor
Sent: Friday, May 28, 2010 12:12 PM
To: RPPTL Landlord Tenant Committee
Cc: lweintraub@becker-poliakoff.com;
mjgelfand@gelfandarpe.com
Subject: [RPPTL LandTen] Proposed Revisions to Section
713.10,Florida Statutes
Attached is my first draft (redlined to show changes to
current statute) of proposed statutory revisions to address the
Everglades Electric Supply, Inc. v. Paraiso Granite, LLC case (28 So.3d
235 (Fla. 4th DCA 2010).
http://www.shutts.com/shutts100.jpg Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail mailto:AMenor@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.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
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The information in this email transmission is privileged
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I agree that we need to create a mechanism to protect landlord from
tenant work.
I am confused by two things
1. It seems to me that with alternative 2 we are effectively
telling a contractor who does a search, that there may be a lien
prohibition in the lease and you have a duty of further inquiry, which
seems to defeat the purpose of doing the search.
2. I do not understand what happens if we use alternative 1 and a
future lease does not contain the prohibition. Is the protection lost
for the individual lease or for all leases?
While it may not be politically palatable, if you really want to make it
clear and simple provide that someone doing work on behalf of the Tenant
can not lien Landlord's interest unless Landlord signs the notice of
commencement or otherwise consents. This will force the issue up front
and everyone will understand the risks.
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J.
Menor
Sent: Wednesday, June 02, 2010 9:40 AM
To: RPPTL Landlord Tenant Committee
Cc: lweintraub@becker-poliakoff.com; mjgelfand@gelfandarpe.com
Subject: N-1003 - Landlord Tenant Committee: Re: [RPPTL LandTen]
Proposed Revisions to Section 713.10,Florida Statutes
Alternative 1 essentially says that the notice will still be
effective to exculpate the landlord for liens even if all of the leases
do not contain the same exculpation language but do contain some form of
exculpation language. Alternative 2 essentially say the notice will
still be effective even if all of the leases do not contain the same
exculpation language so long as the lease in question contains that
language. I created alternative 2 because it seems to me that the basic
idea of the statute is that the landlord can avoid lien liability by
including an exculpation in a lease and recording notice of the
exculpation. I don't see why it should matter that every lease for the
property have the exact same exculpation language. The notice advises
lienors that they need to look to the tenant's interest only, it
shouldn't matter whether some leases don't have the same exculpatory
language or don't have any exculpatory language at all so long as the
lease for the premises which they are improving contains an exculpation.
The difference in exculpatory provisions or the absence of an
exculpatory provision could result from specific negotiations of
individual leases.
<http://www.shutts.com/shutts100.jpg> Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm
Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail mailto:AMenor@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | Website
http://www.shutts.com/
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Tuesday, June 01, 2010 3:31 PM
To: RPPTL Landlord Tenant Committee
Cc: mjgelfand@gelfandarpe.com;
lweintraub@becker-poliakoff.com
Subject: Re: [RPPTL LandTen] Proposed Revisions to
Section 713.10,Florida Statutes
Good work. I also like Alternate 1 but have this
suggestion:
The protections against liens afforded by this part
shall apply notwithstanding all leases do not contain the same language
prohibiting such liability, so long as they substantially express the
intention that the interest of the lessor shall not be subject to liens
for improvements made by the lessee.
<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/
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J.
Menor
Sent: Friday, May 28, 2010 12:12 PM
To: RPPTL Landlord Tenant Committee
Cc: lweintraub@becker-poliakoff.com;
mjgelfand@gelfandarpe.com
Subject: [RPPTL LandTen] Proposed Revisions to
Section 713.10,Florida Statutes
Attached is my first draft (redlined to show
changes to current statute) of proposed statutory revisions to address
the Everglades Electric Supply, Inc. v. Paraiso Granite, LLC case (28
So.3d 235 (Fla. 4th DCA 2010).
<http://www.shutts.com/shutts100.jpg>
Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard |
West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail mailto:AMenor@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.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
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any
taxpayer, then the advice should be considered
to have
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The information in this email transmission is
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I share Patrick's concern about the fix being prospective only. I
don't think you're taking anything away from the lienors. Everyone in
the industry knows that by contracting with the tenant, you don't get
lien rights against the landlord. Seems to me like this is a windfall
for the lienors.
Michael T. Lynott
Greenberg Traurig, P.A.
1221 Brickell Avenue
Miami, Florida 33131
Phone: (305) 579-0858
Fax: (305) 961-5858
Email: lynottm@gtlaw.com
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J.
Menor
Sent: Wednesday, June 02, 2010 9:28 AM
To: RPPTL Landlord Tenant Committee
Cc: mjgelfand@gelfandarpe.com; lweintraub@becker-poliakoff.com
Subject: Re: [RPPTL LandTen] Proposed Revisions to Section
713.10,Florida Statutes
I made the protection prospective (leases entered into after the date of
the recording of the notice) because of the discussion in the
penultimate paragraph of the Everglades Electric opinion. I also think
that this is more defensible from the perspective of the lienor. It is
hard to take away lien rights from someone who is working under a lease
that was entered into before the constructive notice to that lienor that
their rights had been limited.
http://www.shutts.com/shutts100.jpg Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail mailto:AMenor@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | Website
http://www.shutts.com/
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Rick G.
Emmanuel
Sent: Tuesday, June 01, 2010 6:50 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'lweintraub@becker-poliakoff.com';
'mjgelfand@gelfandarpe.com'
Subject: Re: [RPPTL LandTen] Proposed Revisions to Section
713.10, Florida Statutes
I agree with Neil's suggested revision.
My one comment is on Section (2) and subsection (c). These
address all leases entered into "after the date of the recording of the
notice". What happens to leases that have been executed prior to or
simultaneously with the execution and recording of the notice? On single
tenant premises, I have negotiated both the terms of the lease and the
notice with the tenant, executed same simultaneously with the lease and
then sent the notice for recording. The new wording would seem to
prevent this.
Thanks,
Rick Emmanuel
Patrick G. Emmanuel, Jr., Esq.
Emmanuel, Sheppard & Condon, P.A.
30 South Spring Street
Pensacola, FL 32502
Telephone: (850) 433-6581
Facsimile: (850) 433-6162
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Tuesday, June 01, 2010 2:31 PM
To: RPPTL Landlord Tenant Committee
Cc: mjgelfand@gelfandarpe.com; lweintraub@becker-poliakoff.com
Subject: Re: [RPPTL LandTen] Proposed Revisions to Section
713.10, Florida Statutes
Good work. I also like Alternate 1 but have this suggestion:
The protections against liens afforded by this part shall apply
notwithstanding all leases do not contain the same language prohibiting
such liability, so long as they substantially express the intention that
the interest of the lessor shall not be subject to liens for
improvements made by the lessee.
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/
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J.
Menor
Sent: Friday, May 28, 2010 12:12 PM
To: RPPTL Landlord Tenant Committee
Cc: lweintraub@becker-poliakoff.com;
mjgelfand@gelfandarpe.com
Subject: [RPPTL LandTen] Proposed Revisions to Section
713.10,Florida Statutes
Attached is my first draft (redlined to show changes to
current statute) of proposed statutory revisions to address the
Everglades Electric Supply, Inc. v. Paraiso Granite, LLC case (28 So.3d
235 (Fla. 4th DCA 2010).
http://www.shutts.com/shutts100.jpg Arthur J. Menor
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail mailto:AMenor@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.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,
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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.
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