[RPPTL LandTen] Proposed Revisions to Section 713.10, Florida Statutes
Lloyd, see my responses below.
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
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Wednesday, June 02, 2010 10:04 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee:
Re:Proposed Revisions to Section 713.10, Florida Statutes
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. The contractor
will find the notice in his search. The statute also requires the
tenant to notify him if the lease exculpates the landlord's interest
from liens. If the notice is recorded but the lease does not contain
the exculpatory language the contractor will still have a claim against
the landlord's interest. I don't think this scenario is unfair to the
contractor.
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? I think
with alternative 1 if a future lease contained no exculpation at all the
protection would be lost not just for that but for all leases in the
entire project (the result in the Everglades Electric case). That is
why I think alternative 2 deserves some consideration.
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.
This email message was sent by:
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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
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-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
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</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>
Arthur, I understand your position, but I see little or no difference between:
- Executing lease and short form lease simultaneously and then recording short form lease; and
- Executing lease and the notice simultaneously and then recording the notice.
Many landlord's would prefer to record the notice instead of a short form lease.
Thanks,
Rick
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 Arthur J. Menor
Sent: Wednesday, June 02, 2010 8:28 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-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/
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 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
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email reply. Thank you.
Rick, the subcommittee working on this amendment met by phone yesterday.
We considered your comment and others and have tentatively decided to
provide that lien prohibition notice will be effective as to any lienor
performing work under a notice of commencement recorded after the
recording date of the lien prohibition notice. We hope to circulate a
revised draft soon.
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: Thursday, June 03, 2010 9:23 AM
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
Arthur, I understand your position, but I see little or no
difference between:
1. Executing lease and short form lease simultaneously and then
recording short form lease; and
2. Executing lease and the notice simultaneously and then
recording the notice.
Many landlord's would prefer to record the notice instead of a
short form lease.
Thanks,
Rick
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.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 Arthur J.
Menor
Sent: Wednesday, June 02, 2010 8:28 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
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.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-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
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-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/
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Gentlemen
I appreciate your efforts, and please continue. In the interim, please remove me from your email copy lists as the discussions while interesting likely are not seeking my input; please rely on your committee chair to provide me your final work product, or to direct inquiries to me.
Most folks do not desire me involved in your, policy level efforts, only desiring me to "make the final product pretty."
Thanks for understanding my need to reduce emails, and to avoid the impression that I am participating in the committee's policy drafting effort.
Of course, if there is a need for me to get involved, then one of the two chairs should contact me.
Michael J. Gelfand
Florida Bar Board Certified Real Estate Attorney
Florida Supreme Court Certified Mediator:
Civil Circuit Court & Civil County Court
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From: Rick G. Emmanuel [mailto:rge@esclaw.com]
Sent: Thursday, June 03, 2010 9:23 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: Michael J. Gelfand; 'lweintraub@becker-poliakoff.com'
Subject: RE: [RPPTL LandTen] Proposed Revisions to Section 713.10, Florida Statutes
Arthur, I understand your position, but I see little or no difference between:
- Executing lease and short form lease simultaneously and then recording short form lease; and
- Executing lease and the notice simultaneously and then recording the notice.
Many landlord's would prefer to record the notice instead of a short form lease.
Thanks,
Rick
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 Arthur J. Menor
Sent: Wednesday, June 02, 2010 8:28 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-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/
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 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
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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.