FW: Legislative Subcommittee - February Report
Gang: See below and attached. Serious stuff is brewing in Tally.
Arnie.
From: Pence, Scott [mailto:spence@carltonfields.com]
Sent: Monday, February 11, 2013 10:05 AM
To: Arnold D. Tritt, Jr.
Cc: Roberts, Hardy L.; Heron, Lisa Colon; Rob Doan
Subject: Legislative Subcommittee - February Report
Following is the Legislative Subcommittee's report for today's call.
The Legislative Subcommittee has been asked to review and provide
comments for the following proposed legislation:
Proposed Bill
CLC Proposed Action
SB 530 (Revised Arbitration Code)
In order to address the potential argument that the court no longer has
authority to stay an arbitration proceeding where it finds no agreement
to arbitrate exists, the CLC recommended adding the words "and the court
may stay any arbitration proceeding that has been initiated or
threatened" to the end of new Section 682.03 (3) on page 13 of 38.
SB 286 (Limitation of Design Professional's Liability)
For the same reasons the CLC opposed the 2012 version of this Bill, the
CLC opposes this Bill.
SB 112 (Fraudulent Liens)
As worded, 713.31 would only apply to a "person who fraudulently records
a claim of lien." First, it was unclear to us what this requires (e.g.
does it require an adjudication that someone fraudulently recorded a
lien?). Second, it is unclear how someone fraudulently records a lien
to begin with (e.g. by telling someone you aren't recording one, but
then doing so anyway?)
We felt the issue is whether the lien is fraudulent, as opposed to
whether the lien was fraudulently recorded. Therefore, the CLC proposed
modifying the exception language to read as follows: "Claims for
fraudulent liens filed pursuant to part I of chapter 713 shall be
governed by s. 713.31 and are excluded from this section."
HB 285 (Judgment Liens)
No need for the CLC to take any position on this Bill.
Copies of the proposed Bills are attached for your reference. We will
continue to monitor the progress of these Bills and weigh in as
appropriate.
Scott Pence
Attorney at Law
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4322 | Fax: 813.229.4133
spence@carltonfields.com | www.carltonfields.com
bio http://www.carltonfields.com/spence/ | vcard
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[Carlton Fields]
Hardy L. Roberts
Attorney at Law / Board Certified in Construction Law by the Florida Bar
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4105 | Fax: 813.229.4133
hroberts@carltonfields.commailto:hroberts@carltonfields.com | www.carltonfields.comhttp://www.carltonfields.com/
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Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Arnold D. Tritt, Jr.
Sent: Monday, February 11, 2013 10:39 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] FW: Legislative Subcommittee - February Report
Gang: See below and attached. Serious stuff is brewing in Tally. Arnie.
From: Pence, Scott [mailto:spence@carltonfields.com]
Sent: Monday, February 11, 2013 10:05 AM
To: Arnold D. Tritt, Jr.
Cc: Roberts, Hardy L.; Heron, Lisa Colon; Rob Doan
Subject: Legislative Subcommittee - February Report
Following is the Legislative Subcommittee's report for today's call.
The Legislative Subcommittee has been asked to review and provide comments for the following proposed legislation:
Proposed Bill
CLC Proposed Action
SB 530 (Revised Arbitration Code)
In order to address the potential argument that the court no longer has authority to stay an arbitration proceeding where it finds no agreement to arbitrate exists, the CLC recommended adding the words "and the court may stay any arbitration proceeding that has been initiated or threatened" to the end of new Section 682.03 (3) on page 13 of 38.
SB 286 (Limitation of Design Professional's Liability)
For the same reasons the CLC opposed the 2012 version of this Bill, the CLC opposes this Bill.
SB 112 (Fraudulent Liens)
As worded, 713.31 would only apply to a "person who fraudulently records a claim of lien." First, it was unclear to us what this requires (e.g. does it require an adjudication that someone fraudulently recorded a lien?). Second, it is unclear how someone fraudulently records a lien to begin with (e.g. by telling someone you aren't recording one, but then doing so anyway?)
We felt the issue is whether the lien is fraudulent, as opposed to whether the lien was fraudulently recorded. Therefore, the CLC proposed modifying the exception language to read as follows: "Claims for fraudulent liens filed pursuant to part I of chapter 713 shall be governed by s. 713.31 and are excluded from this section."
HB 285 (Judgment Liens)
No need for the CLC to take any position on this Bill.
Copies of the proposed Bills are attached for your reference. We will continue to monitor the progress of these Bills and weigh in as appropriate.
[Carlton Fields]
Scott Pence
Attorney at Law
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4322 | Fax: 813.229.4133
spence@carltonfields.commailto:spence@carltonfields.com | www.carltonfields.comhttp://www.carltonfields.com
biohttp://www.carltonfields.com/spence/ | vcardhttp://www.carltonfields.com/load.vcf?type=atty&id=1b3e40d2-f26a-45ef-b47a-00fe08271338
Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.
