Empathy List Archives

SM

Sean Mickley

Fri, Apr 5, 2019 10:06 PM

All,

Please see the RPPTL Section and Executive Committee’s decision on the CLC recommendation regarding SB1200 and HB1247.

Sent from my iPhone

Sean A. Mickley | Of Counsel

Kirwin Norris, P.A.

4731 N.Highway A1A
Suite 226
Vero Beach, Florida 32963

O: 407-740-6600tel:407-740-6600
F: 407-740-6363tel:407-740-6363
E: sam@kirwinnorris.com mailto:sam@kirwinnorris.com

[cid:image003.png@01CF36D7.85E687A0]https://www.facebook.com/KirwinNorris [cid:image004.png@01CF36D7.85E687A0] http://www.linkedin.com/company/kirwin-norris [cid:image009.png@01CF3A20.298302D0] http://www.kirwinnorris.com/

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.

Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Begin forwarded message:

From: "S. Katherine Frazier" <katherine.frazier@hwhlaw.com mailto:katherine.frazier@hwhlaw.com>
To: "Sean Mickley" <sam@kirwinnorris.com mailto:sam@kirwinnorris.com>
Cc: "'Bob Swaine'" <bob@heartlandlaw.com mailto:bob@heartlandlaw.com>, "Scott Pence (SPence@cfjblaw.com mailto:SPence@cfjblaw.com)" <SPence@cfjblaw.com mailto:SPence@cfjblaw.com>, "Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com mailto:skurian@bplegal.com) (skurian@bplegal.com mailto:skurian@bplegal.com)" <skurian@bplegal.com mailto:skurian@bplegal.com>
Subject: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

Sean-

            The Executive Committee considered the below legislative position requested by the Construction Law Committee today. We met and discussed the merits of the requested position and the fact that the bills were at a very advanced stage in the legislative process. Unfortunately, since the Section had not been previously engaged with the bill drafters and sponsors, it was determined that the Section was not in a position to effectively oppose this bill at the eleventh hour. We discussed the policy issues and the decision by the Executive Committee is not a decision on the policy that the Construction Law Committee seeks to advance. The Executive Committee declined to action on the below motion due to the timing and status of the subject legislation in the legislative process.

            Below is the requested position:

“The Construction Law Committee supports changes to Florida law to allow contractors to collect reasonable attorney fees for claims on payment and performance bonds, which presently does not exist under Section 627.756, Fla. Stat. The Construction Law Committee, however, vehemently opposes changes to Florida law that impose increased requirements for claimants seeking payment for unpaid construction work on bonded public and private projects, including the changes proposed in HB 1247 and SB 1200.”
Thank you.
S. Katherine Frazier
Board Certified Real Estate Lawyer

Hill Ward Henderson
3700 Bank of America Plaza
101 East Kennedy Boulevard
Tampa, FL 33602
http://www.hwhlaw.com http://www.hwhlaw.com/
Main: 813-221-3900
Fax: 813-221-2900
Direct: 813-227-8480
skfrazier@hwhlaw.com mailto:skfrazier@hwhlaw.com

From: Sean Mickley [mailto:sam@kirwinnorris.com]
Sent: Friday, April 05, 2019 8:00 AM
To: S. Katherine Frazier
Cc: 'Scott Pence (SPence@cfjblaw.com mailto:SPence@cfjblaw.com)'; 'Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com mailto:skurian@bplegal.com) (skurian@bplegal.com mailto:skurian@bplegal.com)'
Subject: RE: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247

Revised paper and form attached. Summary below.

I. Summary:

The Construction Law Committee requests that the RPPTL Section take a formal position to oppose SB 1200 and HB 1247 in their entirety with the exception of the proposed changes adding contractors to the list of parties that may be awarded attorney fees under section 627.756, Fla. Stat. for claims on performance and payment bonds. The proposed changes and additions to SB 1200 and HB 1247 seek to require significantly greater hurdles for claimants on statutory payment bonds under Sections 255.05, Fla. Stat. and 713.23, Fla. Stat.

II. Impact on Private Sector

The proposed requirements to be set forth in the Notice of Non-Payment are akin to requiring a claimant to submit a Sworn Statement of Account pursuant to Sections 255.05(8) and 713.16(4), Fla. Stat. The procedures for seeking a Sworn Statement of Account already exist and this would be duplicative. many potential bond claimants in the construction industry may be without any secure recourse for payment on jobs. This could have a considerable impact on the construction industry, including many business failures in the construction industry and potentially increasing unemployment.

III. Reason for Expedited Response and Vote

The Construction Law Committee requests that the RPPTL Section expedite review and vote in opposition to SB 1200 and HB1247 because it is soon to be voted on the floor of the house and is being scheduled for its final committee in the Senate.

Sean A. Mickley | Of Counsel

Kirwin Norris, P.A.

Vero Beach Office Orlando Office
4731 N. Highway A1A 15 W. Church St.
Suite 226 Suite 301
Vero Beach, Florida 32963 Orlando, Florida 32801

O: 407-740-6600
F: 407-740-6363
E: sam@kirwinnorris.com mailto:sam@kirwinnorris.com

[cid:image003.png@01CF36D7.85E687A0]https://www.facebook.com/KirwinNorris [cid:image004.png@01CF36D7.85E687A0] http://www.linkedin.com/company/kirwin-norris [cid:image009.png@01CF3A20.298302D0] http://www.kirwinnorris.com/

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.

Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
[cid:119040517545601261@us-mta-350.us.mimecast.lan]http://www.hwhlaw.com

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential information, and 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 received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

All, Please see the RPPTL Section and Executive Committee’s decision on the CLC recommendation regarding SB1200 and HB1247. Sent from my iPhone Sean A. Mickley | Of Counsel Kirwin Norris, P.A. 4731 N.Highway A1A Suite 226 Vero Beach, Florida 32963 O: 407-740-6600<tel:407-740-6600> F: 407-740-6363<tel:407-740-6363> E: sam@kirwinnorris.com<mailto:sam@kirwinnorris.com> [cid:image003.png@01CF36D7.85E687A0]<https://www.facebook.com/KirwinNorris> [cid:image004.png@01CF36D7.85E687A0] <http://www.linkedin.com/company/kirwin-norris> [cid:image009.png@01CF3A20.298302D0] <http://www.kirwinnorris.com/> This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Begin forwarded message: From: "S. Katherine Frazier" <katherine.frazier@hwhlaw.com<mailto:katherine.frazier@hwhlaw.com>> To: "Sean Mickley" <sam@kirwinnorris.com<mailto:sam@kirwinnorris.com>> Cc: "'Bob Swaine'" <bob@heartlandlaw.com<mailto:bob@heartlandlaw.com>>, "Scott Pence (SPence@cfjblaw.com<mailto:SPence@cfjblaw.com>)" <SPence@cfjblaw.com<mailto:SPence@cfjblaw.com>>, "Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com<mailto:skurian@bplegal.com>) (skurian@bplegal.com<mailto:skurian@bplegal.com>)" <skurian@bplegal.com<mailto:skurian@bplegal.com>> Subject: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] Sean- The Executive Committee considered the below legislative position requested by the Construction Law Committee today. We met and discussed the merits of the requested position and the fact that the bills were at a very advanced stage in the legislative process. Unfortunately, since the Section had not been previously engaged with the bill drafters and sponsors, it was determined that the Section was not in a position to effectively oppose this bill at the eleventh hour. We discussed the policy issues and the decision by the Executive Committee is not a decision on the policy that the Construction Law Committee seeks to advance. The Executive Committee declined to action on the below motion due to the timing and status of the subject legislation in the legislative process. Below is the requested position: “The Construction Law Committee supports changes to Florida law to allow contractors to collect reasonable attorney fees for claims on payment and performance bonds, which presently does not exist under Section 627.756, Fla. Stat. The Construction Law Committee, however, vehemently opposes changes to Florida law that impose increased requirements for claimants seeking payment for unpaid construction work on bonded public and private projects, including the changes proposed in HB 1247 and SB 1200.” Thank you. S. Katherine Frazier Board Certified Real Estate Lawyer Hill Ward Henderson 3700 Bank of America Plaza 101 East Kennedy Boulevard Tampa, FL 33602 http://www.hwhlaw.com<http://www.hwhlaw.com/> Main: 813-221-3900 Fax: 813-221-2900 Direct: 813-227-8480 skfrazier@hwhlaw.com<mailto:skfrazier@hwhlaw.com> From: Sean Mickley [mailto:sam@kirwinnorris.com] Sent: Friday, April 05, 2019 8:00 AM To: S. Katherine Frazier Cc: 'Scott Pence (SPence@cfjblaw.com<mailto:SPence@cfjblaw.com>)'; 'Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com<mailto:skurian@bplegal.com>) (skurian@bplegal.com<mailto:skurian@bplegal.com>)' Subject: RE: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 Revised paper and form attached. Summary below. I. Summary: The Construction Law Committee requests that the RPPTL Section take a formal position to oppose SB 1200 and HB 1247 in their entirety with the exception of the proposed changes adding contractors to the list of parties that may be awarded attorney fees under section 627.756, Fla. Stat. for claims on performance and payment bonds. The proposed changes and additions to SB 1200 and HB 1247 seek to require significantly greater hurdles for claimants on statutory payment bonds under Sections 255.05, Fla. Stat. and 713.23, Fla. Stat. II. Impact on Private Sector The proposed requirements to be set forth in the Notice of Non-Payment are akin to requiring a claimant to submit a Sworn Statement of Account pursuant to Sections 255.05(8) and 713.16(4), Fla. Stat. The procedures for seeking a Sworn Statement of Account already exist and this would be duplicative. many potential bond claimants in the construction industry may be without any secure recourse for payment on jobs. This could have a considerable impact on the construction industry, including many business failures in the construction industry and potentially increasing unemployment. III. Reason for Expedited Response and Vote The Construction Law Committee requests that the RPPTL Section expedite review and vote in opposition to SB 1200 and HB1247 because it is soon to be voted on the floor of the house and is being scheduled for its final committee in the Senate. Sean A. Mickley | Of Counsel Kirwin Norris, P.A. Vero Beach Office Orlando Office 4731 N. Highway A1A 15 W. Church St. Suite 226 Suite 301 Vero Beach, Florida 32963 Orlando, Florida 32801 O: 407-740-6600 F: 407-740-6363 E: sam@kirwinnorris.com<mailto:sam@kirwinnorris.com> [cid:image003.png@01CF36D7.85E687A0]<https://www.facebook.com/KirwinNorris> [cid:image004.png@01CF36D7.85E687A0] <http://www.linkedin.com/company/kirwin-norris> [cid:image009.png@01CF3A20.298302D0] <http://www.kirwinnorris.com/> This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. [cid:119040517545601261@us-mta-350.us.mimecast.lan]<http://www.hwhlaw.com> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential information, and 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 received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

BK

Barry Kalmanson

Fri, Apr 5, 2019 10:31 PM

It is time for the CLC to leave RPTL. Sincerely, Barry Kalmanson500 N Maitland AvenueSuite 305 Maitland, Fl. 32751407-645-4500 x 215 www.barrykalmanson.com -----Original Message-----
From: Sean Mickley sam@kirwinnorris.com
To: clc-discussion@lists.flabarrpptl.org clc-discussion@lists.flabarrpptl.org
Sent: Fri, Apr 5, 2019 6:11 pm
Subject: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

All,
Please see the RPPTL Section and Executive Committee’s decision on the CLC recommendation regarding SB1200 and HB1247.

Sent from my iPhone

| Sean A. Mickley | Of Counsel | |
| Kirwin Norris, P.A. 4731 N.Highway A1ASuite 226Vero Beach, Florida 32963
O: 407-740-6600
F: 407-740-6363 E: sam@kirwinnorris.com | |

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Begin forwarded message:

From: "S. Katherine Frazier" katherine.frazier@hwhlaw.com
To: "Sean Mickley" sam@kirwinnorris.com
Cc: "'Bob Swaine'" bob@heartlandlaw.com, "Scott Pence (SPence@cfjblaw.com)" SPence@cfjblaw.com, "Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com) (skurian@bplegal.com)" skurian@bplegal.com
Subject: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

Sean-                 The Executive Committee considered the below legislative position requested by the Construction Law Committee today. We met and discussed the merits of the requested position and the fact that the bills were at a very advanced stage in the legislative process. Unfortunately, since the Section had not been previously engaged with the bill drafters and sponsors, it was determined that the Section was not in a position to effectively oppose this bill at the eleventh hour. We discussed the policy issues and the decision by the Executive Committee is not a decision on the policy that the Construction Law Committee seeks to advance. The Executive Committee declined to action on the below motion due to the timing and status of the subject legislation in the legislative process.                 Below is the requested position: “The Construction Law Committee supports changes to Florida law to allow contractors to collect reasonable attorney fees for claims on payment and performance bonds, which presently does not exist under Section 627.756, Fla. Stat. The Construction Law Committee, however, vehemently opposes changes to Florida law that impose increased requirements for claimants seeking payment for unpaid construction work on bonded public and private projects, including the changes proposed in HB 1247 and SB 1200.”                 Thank you.   S. Katherine Frazier
Board Certified Real Estate Lawyer
Hill Ward Henderson
3700 Bank of America Plaza
101 East Kennedy Boulevard
Tampa, FL 33602
http://www.hwhlaw.com
Main: 813-221-3900
Fax: 813-221-2900
Direct: 813-227-8480
skfrazier@hwhlaw.com From: Sean Mickley [mailto:sam@kirwinnorris.com]
Sent: Friday, April 05, 2019 8:00 AM
To: S. Katherine Frazier
Cc: 'Scott Pence (SPence@cfjblaw.com)'; 'Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com) (skurian@bplegal.com)'
Subject: RE: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 Revised paper and form attached. Summary below. I.                Summary: The Construction Law Committee requests that the RPPTL Section take a formal position to oppose SB 1200 and HB 1247 in their entirety with the exception of the proposed changes adding contractors to the list of parties that may be awarded attorney fees under section 627.756, Fla. Stat. for claims on performance and payment bonds. The proposed changes and additions to SB 1200 and HB 1247 seek to require significantly greater hurdles for claimants on statutory payment bonds under Sections 255.05, Fla. Stat. and 713.23, Fla. Stat.   II.               Impact on Private Sector The proposed requirements to be set forth in the Notice of Non-Payment are akin to requiring a claimant to submit a Sworn Statement of Account pursuant to Sections 255.05(8) and 713.16(4), Fla. Stat. The procedures for seeking a Sworn Statement of Account already exist and this would be duplicative. many potential bond claimants in the construction industry may be without any secure recourse for payment on jobs.This could have a considerable impact on the construction industry, including many business failures in the construction industryand potentially increasing unemployment. III.             Reason for Expedited Response and Vote The Construction Law Committee requests that the RPPTL Section expedite review and vote in opposition to SB 1200 and HB1247 because it is soon to be voted on the floor of the house and is being scheduled for its final committee in the Senate.
| Sean A. Mickley|Of Counsel |    |
| Kirwin Norris, P.A. Vero Beach Office                Orlando Office 4731 N. Highway A1A            15 W. Church St. Suite 226                                 Suite 301 Vero Beach, Florida 32963     Orlando, Florida 32801
O: 407-740-6600
F: 407-740-6363 E:sam@kirwinnorris.com    | |

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
| |

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential information, and 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 received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion

It is time for the CLC to leave RPTL. Sincerely, Barry Kalmanson500 N Maitland AvenueSuite 305 Maitland, Fl. 32751407-645-4500 x 215 www.barrykalmanson.com -----Original Message----- From: Sean Mickley <sam@kirwinnorris.com> To: clc-discussion@lists.flabarrpptl.org <clc-discussion@lists.flabarrpptl.org> Sent: Fri, Apr 5, 2019 6:11 pm Subject: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] All, Please see the RPPTL Section and Executive Committee’s decision on the CLC recommendation regarding SB1200 and HB1247. Sent from my iPhone | Sean A. Mickley | Of Counsel | | | Kirwin Norris, P.A. 4731 N.Highway A1ASuite 226Vero Beach, Florida 32963 O: 407-740-6600 F: 407-740-6363 E: sam@kirwinnorris.com | | This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Begin forwarded message: From: "S. Katherine Frazier" <katherine.frazier@hwhlaw.com> To: "Sean Mickley" <sam@kirwinnorris.com> Cc: "'Bob Swaine'" <bob@heartlandlaw.com>, "Scott Pence (SPence@cfjblaw.com)" <SPence@cfjblaw.com>, "Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com) (skurian@bplegal.com)" <skurian@bplegal.com> Subject: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] Sean- The Executive Committee considered the below legislative position requested by the Construction Law Committee today. We met and discussed the merits of the requested position and the fact that the bills were at a very advanced stage in the legislative process. Unfortunately, since the Section had not been previously engaged with the bill drafters and sponsors, it was determined that the Section was not in a position to effectively oppose this bill at the eleventh hour. We discussed the policy issues and the decision by the Executive Committee is not a decision on the policy that the Construction Law Committee seeks to advance. The Executive Committee declined to action on the below motion due to the timing and status of the subject legislation in the legislative process. Below is the requested position: “The Construction Law Committee supports changes to Florida law to allow contractors to collect reasonable attorney fees for claims on payment and performance bonds, which presently does not exist under Section 627.756, Fla. Stat. The Construction Law Committee, however, vehemently opposes changes to Florida law that impose increased requirements for claimants seeking payment for unpaid construction work on bonded public and private projects, including the changes proposed in HB 1247 and SB 1200.” Thank you. S. Katherine Frazier Board Certified Real Estate Lawyer Hill Ward Henderson 3700 Bank of America Plaza 101 East Kennedy Boulevard Tampa, FL 33602 http://www.hwhlaw.com Main: 813-221-3900 Fax: 813-221-2900 Direct: 813-227-8480 skfrazier@hwhlaw.com From: Sean Mickley [mailto:sam@kirwinnorris.com] Sent: Friday, April 05, 2019 8:00 AM To: S. Katherine Frazier Cc: 'Scott Pence (SPence@cfjblaw.com)'; 'Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com) (skurian@bplegal.com)' Subject: RE: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 Revised paper and form attached. Summary below. I. Summary: The Construction Law Committee requests that the RPPTL Section take a formal position to oppose SB 1200 and HB 1247 in their entirety with the exception of the proposed changes adding contractors to the list of parties that may be awarded attorney fees under section 627.756, Fla. Stat. for claims on performance and payment bonds. The proposed changes and additions to SB 1200 and HB 1247 seek to require significantly greater hurdles for claimants on statutory payment bonds under Sections 255.05, Fla. Stat. and 713.23, Fla. Stat. II. Impact on Private Sector The proposed requirements to be set forth in the Notice of Non-Payment are akin to requiring a claimant to submit a Sworn Statement of Account pursuant to Sections 255.05(8) and 713.16(4), Fla. Stat. The procedures for seeking a Sworn Statement of Account already exist and this would be duplicative. many potential bond claimants in the construction industry may be without any secure recourse for payment on jobs.This could have a considerable impact on the construction industry, including many business failures in the construction industryand potentially increasing unemployment. III. Reason for Expedited Response and Vote The Construction Law Committee requests that the RPPTL Section expedite review and vote in opposition to SB 1200 and HB1247 because it is soon to be voted on the floor of the house and is being scheduled for its final committee in the Senate. | Sean A. Mickley|Of Counsel | | | Kirwin Norris, P.A. Vero Beach Office Orlando Office 4731 N. Highway A1A 15 W. Church St. Suite 226 Suite 301 Vero Beach, Florida 32963 Orlando, Florida 32801 O: 407-740-6600 F: 407-740-6363 E:sam@kirwinnorris.com | | This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. | | CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential information, and 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 received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/clc-discussion _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/clc-discussion

JP

Jeffrey Price

Fri, Apr 5, 2019 11:22 PM

excellent synopsis of events and positions. I applaud you fine work. thank you.
Jeff Price

Jeffrey L Price

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org on behalf of Sean Mickley sam@kirwinnorris.com
Sent: Friday, April 5, 2019 6:06:09 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

All,

Please see the RPPTL Section and Executive Committee’s decision on the CLC recommendation regarding SB1200 and HB1247.

Sent from my iPhone

Sean A. Mickley | Of Counsel

Kirwin Norris, P.A.

4731 N.Highway A1A
Suite 226
Vero Beach, Florida 32963

O: 407-740-6600tel:407-740-6600
F: 407-740-6363tel:407-740-6363
E: sam@kirwinnorris.com mailto:sam@kirwinnorris.com

[cid:image003.png@01CF36D7.85E687A0]https://www.facebook.com/KirwinNorris [cid:image004.png@01CF36D7.85E687A0] http://www.linkedin.com/company/kirwin-norris [cid:image009.png@01CF3A20.298302D0] http://www.kirwinnorris.com/

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.

Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Begin forwarded message:

From: "S. Katherine Frazier" <katherine.frazier@hwhlaw.com mailto:katherine.frazier@hwhlaw.com>
To: "Sean Mickley" <sam@kirwinnorris.com mailto:sam@kirwinnorris.com>
Cc: "'Bob Swaine'" <bob@heartlandlaw.com mailto:bob@heartlandlaw.com>, "Scott Pence (SPence@cfjblaw.com mailto:SPence@cfjblaw.com)" <SPence@cfjblaw.com mailto:SPence@cfjblaw.com>, "Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com mailto:skurian@bplegal.com) (skurian@bplegal.com mailto:skurian@bplegal.com)" <skurian@bplegal.com mailto:skurian@bplegal.com>
Subject: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

Sean-

            The Executive Committee considered the below legislative position requested by the Construction Law Committee today. We met and discussed the merits of the requested position and the fact that the bills were at a very advanced stage in the legislative process. Unfortunately, since the Section had not been previously engaged with the bill drafters and sponsors, it was determined that the Section was not in a position to effectively oppose this bill at the eleventh hour. We discussed the policy issues and the decision by the Executive Committee is not a decision on the policy that the Construction Law Committee seeks to advance. The Executive Committee declined to action on the below motion due to the timing and status of the subject legislation in the legislative process.

            Below is the requested position:

“The Construction Law Committee supports changes to Florida law to allow contractors to collect reasonable attorney fees for claims on payment and performance bonds, which presently does not exist under Section 627.756, Fla. Stat. The Construction Law Committee, however, vehemently opposes changes to Florida law that impose increased requirements for claimants seeking payment for unpaid construction work on bonded public and private projects, including the changes proposed in HB 1247 and SB 1200.”
Thank you.
S. Katherine Frazier
Board Certified Real Estate Lawyer

Hill Ward Henderson
3700 Bank of America Plaza
101 East Kennedy Boulevard
Tampa, FL 33602
http://www.hwhlaw.com http://www.hwhlaw.com/
Main: 813-221-3900
Fax: 813-221-2900
Direct: 813-227-8480
skfrazier@hwhlaw.com mailto:skfrazier@hwhlaw.com

From: Sean Mickley [mailto:sam@kirwinnorris.com]
Sent: Friday, April 05, 2019 8:00 AM
To: S. Katherine Frazier
Cc: 'Scott Pence (SPence@cfjblaw.com mailto:SPence@cfjblaw.com)'; 'Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com mailto:skurian@bplegal.com) (skurian@bplegal.com mailto:skurian@bplegal.com)'
Subject: RE: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247

Revised paper and form attached. Summary below.

I. Summary:

The Construction Law Committee requests that the RPPTL Section take a formal position to oppose SB 1200 and HB 1247 in their entirety with the exception of the proposed changes adding contractors to the list of parties that may be awarded attorney fees under section 627.756, Fla. Stat. for claims on performance and payment bonds. The proposed changes and additions to SB 1200 and HB 1247 seek to require significantly greater hurdles for claimants on statutory payment bonds under Sections 255.05, Fla. Stat. and 713.23, Fla. Stat.

II. Impact on Private Sector

The proposed requirements to be set forth in the Notice of Non-Payment are akin to requiring a claimant to submit a Sworn Statement of Account pursuant to Sections 255.05(8) and 713.16(4), Fla. Stat. The procedures for seeking a Sworn Statement of Account already exist and this would be duplicative. many potential bond claimants in the construction industry may be without any secure recourse for payment on jobs. This could have a considerable impact on the construction industry, including many business failures in the construction industry and potentially increasing unemployment.

III. Reason for Expedited Response and Vote

The Construction Law Committee requests that the RPPTL Section expedite review and vote in opposition to SB 1200 and HB1247 because it is soon to be voted on the floor of the house and is being scheduled for its final committee in the Senate.

Sean A. Mickley | Of Counsel

Kirwin Norris, P.A.

Vero Beach Office Orlando Office
4731 N. Highway A1A 15 W. Church St.
Suite 226 Suite 301
Vero Beach, Florida 32963 Orlando, Florida 32801

O: 407-740-6600
F: 407-740-6363
E: sam@kirwinnorris.com mailto:sam@kirwinnorris.com

[cid:image003.png@01CF36D7.85E687A0]https://www.facebook.com/KirwinNorris [cid:image004.png@01CF36D7.85E687A0] http://www.linkedin.com/company/kirwin-norris [cid:image009.png@01CF3A20.298302D0] http://www.kirwinnorris.com/

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.

Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
[cid:119040517545601261@us-mta-350.us.mimecast.lan]http://www.hwhlaw.com

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential information, and 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 received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

excellent synopsis of events and positions. I applaud you fine work. thank you. Jeff Price Jeffrey L Price ________________________________ From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> on behalf of Sean Mickley <sam@kirwinnorris.com> Sent: Friday, April 5, 2019 6:06:09 PM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] All, Please see the RPPTL Section and Executive Committee’s decision on the CLC recommendation regarding SB1200 and HB1247. Sent from my iPhone Sean A. Mickley | Of Counsel Kirwin Norris, P.A. 4731 N.Highway A1A Suite 226 Vero Beach, Florida 32963 O: 407-740-6600<tel:407-740-6600> F: 407-740-6363<tel:407-740-6363> E: sam@kirwinnorris.com<mailto:sam@kirwinnorris.com> [cid:image003.png@01CF36D7.85E687A0]<https://www.facebook.com/KirwinNorris> [cid:image004.png@01CF36D7.85E687A0] <http://www.linkedin.com/company/kirwin-norris> [cid:image009.png@01CF3A20.298302D0] <http://www.kirwinnorris.com/> This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Begin forwarded message: From: "S. Katherine Frazier" <katherine.frazier@hwhlaw.com<mailto:katherine.frazier@hwhlaw.com>> To: "Sean Mickley" <sam@kirwinnorris.com<mailto:sam@kirwinnorris.com>> Cc: "'Bob Swaine'" <bob@heartlandlaw.com<mailto:bob@heartlandlaw.com>>, "Scott Pence (SPence@cfjblaw.com<mailto:SPence@cfjblaw.com>)" <SPence@cfjblaw.com<mailto:SPence@cfjblaw.com>>, "Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com<mailto:skurian@bplegal.com>) (skurian@bplegal.com<mailto:skurian@bplegal.com>)" <skurian@bplegal.com<mailto:skurian@bplegal.com>> Subject: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] Sean- The Executive Committee considered the below legislative position requested by the Construction Law Committee today. We met and discussed the merits of the requested position and the fact that the bills were at a very advanced stage in the legislative process. Unfortunately, since the Section had not been previously engaged with the bill drafters and sponsors, it was determined that the Section was not in a position to effectively oppose this bill at the eleventh hour. We discussed the policy issues and the decision by the Executive Committee is not a decision on the policy that the Construction Law Committee seeks to advance. The Executive Committee declined to action on the below motion due to the timing and status of the subject legislation in the legislative process. Below is the requested position: “The Construction Law Committee supports changes to Florida law to allow contractors to collect reasonable attorney fees for claims on payment and performance bonds, which presently does not exist under Section 627.756, Fla. Stat. The Construction Law Committee, however, vehemently opposes changes to Florida law that impose increased requirements for claimants seeking payment for unpaid construction work on bonded public and private projects, including the changes proposed in HB 1247 and SB 1200.” Thank you. S. Katherine Frazier Board Certified Real Estate Lawyer Hill Ward Henderson 3700 Bank of America Plaza 101 East Kennedy Boulevard Tampa, FL 33602 http://www.hwhlaw.com<http://www.hwhlaw.com/> Main: 813-221-3900 Fax: 813-221-2900 Direct: 813-227-8480 skfrazier@hwhlaw.com<mailto:skfrazier@hwhlaw.com> From: Sean Mickley [mailto:sam@kirwinnorris.com] Sent: Friday, April 05, 2019 8:00 AM To: S. Katherine Frazier Cc: 'Scott Pence (SPence@cfjblaw.com<mailto:SPence@cfjblaw.com>)'; 'Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com<mailto:skurian@bplegal.com>) (skurian@bplegal.com<mailto:skurian@bplegal.com>)' Subject: RE: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 Revised paper and form attached. Summary below. I. Summary: The Construction Law Committee requests that the RPPTL Section take a formal position to oppose SB 1200 and HB 1247 in their entirety with the exception of the proposed changes adding contractors to the list of parties that may be awarded attorney fees under section 627.756, Fla. Stat. for claims on performance and payment bonds. The proposed changes and additions to SB 1200 and HB 1247 seek to require significantly greater hurdles for claimants on statutory payment bonds under Sections 255.05, Fla. Stat. and 713.23, Fla. Stat. II. Impact on Private Sector The proposed requirements to be set forth in the Notice of Non-Payment are akin to requiring a claimant to submit a Sworn Statement of Account pursuant to Sections 255.05(8) and 713.16(4), Fla. Stat. The procedures for seeking a Sworn Statement of Account already exist and this would be duplicative. many potential bond claimants in the construction industry may be without any secure recourse for payment on jobs. This could have a considerable impact on the construction industry, including many business failures in the construction industry and potentially increasing unemployment. III. Reason for Expedited Response and Vote The Construction Law Committee requests that the RPPTL Section expedite review and vote in opposition to SB 1200 and HB1247 because it is soon to be voted on the floor of the house and is being scheduled for its final committee in the Senate. Sean A. Mickley | Of Counsel Kirwin Norris, P.A. Vero Beach Office Orlando Office 4731 N. Highway A1A 15 W. Church St. Suite 226 Suite 301 Vero Beach, Florida 32963 Orlando, Florida 32801 O: 407-740-6600 F: 407-740-6363 E: sam@kirwinnorris.com<mailto:sam@kirwinnorris.com> [cid:image003.png@01CF36D7.85E687A0]<https://www.facebook.com/KirwinNorris> [cid:image004.png@01CF36D7.85E687A0] <http://www.linkedin.com/company/kirwin-norris> [cid:image009.png@01CF3A20.298302D0] <http://www.kirwinnorris.com/> This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. [cid:119040517545601261@us-mta-350.us.mimecast.lan]<http://www.hwhlaw.com> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential information, and 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 received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

JP

Jeffrey Price

Fri, Apr 5, 2019 11:24 PM

agreed.

Jeffrey L Price

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org on behalf of Barry Kalmanson bkpa1@aol.com
Sent: Friday, April 5, 2019 6:31:28 PM
To: sam@kirwinnorris.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

It is time for the CLC to leave RPTL.

Sincerely,

Barry Kalmanson
500 N Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215

www.barrykalmanson.com http://www.barrykalmanson.com

-----Original Message-----
From: Sean Mickley sam@kirwinnorris.com
To: clc-discussion@lists.flabarrpptl.org clc-discussion@lists.flabarrpptl.org
Sent: Fri, Apr 5, 2019 6:11 pm
Subject: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

All,

Please see the RPPTL Section and Executive Committee’s decision on the CLC recommendation regarding SB1200 and HB1247.

Sent from my iPhone

Sean A. Mickley | Of Counsel

Kirwin Norris, P.A.

4731 N.Highway A1A
Suite 226
Vero Beach, Florida 32963

O: 407-740-6600
F: 407-740-6363
E: sam@kirwinnorris.com mailto:sam@kirwinnorris.com

[cid:image003.png@01CF36D7.85E687A0]https://www.facebook.com/KirwinNorris [cid:image004.png@01CF36D7.85E687A0] http://www.linkedin.com/company/kirwin-norris [cid:image009.png@01CF3A20.298302D0] http://www.kirwinnorris.com/

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.

Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Begin forwarded message:

From: "S. Katherine Frazier" <katherine.frazier@hwhlaw.com mailto:katherine.frazier@hwhlaw.com>
To: "Sean Mickley" <sam@kirwinnorris.com mailto:sam@kirwinnorris.com>
Cc: "'Bob Swaine'" <bob@heartlandlaw.com mailto:bob@heartlandlaw.com>, "Scott Pence (SPence@cfjblaw.com mailto:SPence@cfjblaw.com)" <SPence@cfjblaw.com mailto:SPence@cfjblaw.com>, "Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com mailto:skurian@bplegal.com) (skurian@bplegal.com mailto:skurian@bplegal.com)" <skurian@bplegal.com mailto:skurian@bplegal.com>
Subject: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

Sean-

            The Executive Committee considered the below legislative position requested by the Construction Law Committee today. We met and discussed the merits of the requested position and the fact that the bills were at a very advanced stage in the legislative process. Unfortunately, since the Section had not been previously engaged with the bill drafters and sponsors, it was determined that the Section was not in a position to effectively oppose this bill at the eleventh hour. We discussed the policy issues and the decision by the Executive Committee is not a decision on the policy that the Construction Law Committee seeks to advance. The Executive Committee declined to action on the below motion due to the timing and status of the subject legislation in the legislative process.

            Below is the requested position:

“The Construction Law Committee supports changes to Florida law to allow contractors to collect reasonable attorney fees for claims on payment and performance bonds, which presently does not exist under Section 627.756, Fla. Stat. The Construction Law Committee, however, vehemently opposes changes to Florida law that impose increased requirements for claimants seeking payment for unpaid construction work on bonded public and private projects, including the changes proposed in HB 1247 and SB 1200.”
Thank you.
S. Katherine Frazier
Board Certified Real Estate Lawyer

Hill Ward Henderson
3700 Bank of America Plaza
101 East Kennedy Boulevard
Tampa, FL 33602
http://www.hwhlaw.com http://www.hwhlaw.com/
Main: 813-221-3900
Fax: 813-221-2900
Direct: 813-227-8480
skfrazier@hwhlaw.com mailto:skfrazier@hwhlaw.com

From: Sean Mickley [mailto:sam@kirwinnorris.com]
Sent: Friday, April 05, 2019 8:00 AM
To: S. Katherine Frazier
Cc: 'Scott Pence (SPence@cfjblaw.com mailto:SPence@cfjblaw.com)'; 'Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com mailto:skurian@bplegal.com) (skurian@bplegal.com mailto:skurian@bplegal.com)'
Subject: RE: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247

Revised paper and form attached. Summary below.

I. Summary:

The Construction Law Committee requests that the RPPTL Section take a formal position to oppose SB 1200 and HB 1247 in their entirety with the exception of the proposed changes adding contractors to the list of parties that may be awarded attorney fees under section 627.756, Fla. Stat. for claims on performance and payment bonds. The proposed changes and additions to SB 1200 and HB 1247 seek to require significantly greater hurdles for claimants on statutory payment bonds under Sections 255.05, Fla. Stat. and 713.23, Fla. Stat.

II. Impact on Private Sector

The proposed requirements to be set forth in the Notice of Non-Payment are akin to requiring a claimant to submit a Sworn Statement of Account pursuant to Sections 255.05(8) and 713.16(4), Fla. Stat. The procedures for seeking a Sworn Statement of Account already exist and this would be duplicative. many potential bond claimants in the construction industry may be without any secure recourse for payment on jobs. This could have a considerable impact on the construction industry, including many business failures in the construction industry and potentially increasing unemployment.

III. Reason for Expedited Response and Vote

The Construction Law Committee requests that the RPPTL Section expedite review and vote in opposition to SB 1200 and HB1247 because it is soon to be voted on the floor of the house and is being scheduled for its final committee in the Senate.

Sean A. Mickley | Of Counsel

Kirwin Norris, P.A.

Vero Beach Office Orlando Office
4731 N. Highway A1A 15 W. Church St.
Suite 226 Suite 301
Vero Beach, Florida 32963 Orlando, Florida 32801

O: 407-740-6600
F: 407-740-6363
E: sam@kirwinnorris.com mailto:sam@kirwinnorris.com

[cid:image003.png@01CF36D7.85E687A0]https://www.facebook.com/KirwinNorris [cid:image004.png@01CF36D7.85E687A0] http://www.linkedin.com/company/kirwin-norris [cid:image009.png@01CF3A20.298302D0] http://www.kirwinnorris.com/

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Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
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agreed. Jeffrey L Price ________________________________ From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> on behalf of Barry Kalmanson <bkpa1@aol.com> Sent: Friday, April 5, 2019 6:31:28 PM To: sam@kirwinnorris.com; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] It is time for the CLC to leave RPTL. Sincerely, Barry Kalmanson 500 N Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 www.barrykalmanson.com<http://www.barrykalmanson.com> -----Original Message----- From: Sean Mickley <sam@kirwinnorris.com> To: clc-discussion@lists.flabarrpptl.org <clc-discussion@lists.flabarrpptl.org> Sent: Fri, Apr 5, 2019 6:11 pm Subject: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] All, Please see the RPPTL Section and Executive Committee’s decision on the CLC recommendation regarding SB1200 and HB1247. Sent from my iPhone Sean A. Mickley | Of Counsel Kirwin Norris, P.A. 4731 N.Highway A1A Suite 226 Vero Beach, Florida 32963 O: 407-740-6600 F: 407-740-6363 E: sam@kirwinnorris.com<mailto:sam@kirwinnorris.com> [cid:image003.png@01CF36D7.85E687A0]<https://www.facebook.com/KirwinNorris> [cid:image004.png@01CF36D7.85E687A0] <http://www.linkedin.com/company/kirwin-norris> [cid:image009.png@01CF3A20.298302D0] <http://www.kirwinnorris.com/> This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Begin forwarded message: From: "S. Katherine Frazier" <katherine.frazier@hwhlaw.com<mailto:katherine.frazier@hwhlaw.com>> To: "Sean Mickley" <sam@kirwinnorris.com<mailto:sam@kirwinnorris.com>> Cc: "'Bob Swaine'" <bob@heartlandlaw.com<mailto:bob@heartlandlaw.com>>, "Scott Pence (SPence@cfjblaw.com<mailto:SPence@cfjblaw.com>)" <SPence@cfjblaw.com<mailto:SPence@cfjblaw.com>>, "Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com<mailto:skurian@bplegal.com>) (skurian@bplegal.com<mailto:skurian@bplegal.com>)" <skurian@bplegal.com<mailto:skurian@bplegal.com>> Subject: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] Sean- The Executive Committee considered the below legislative position requested by the Construction Law Committee today. We met and discussed the merits of the requested position and the fact that the bills were at a very advanced stage in the legislative process. Unfortunately, since the Section had not been previously engaged with the bill drafters and sponsors, it was determined that the Section was not in a position to effectively oppose this bill at the eleventh hour. We discussed the policy issues and the decision by the Executive Committee is not a decision on the policy that the Construction Law Committee seeks to advance. The Executive Committee declined to action on the below motion due to the timing and status of the subject legislation in the legislative process. Below is the requested position: “The Construction Law Committee supports changes to Florida law to allow contractors to collect reasonable attorney fees for claims on payment and performance bonds, which presently does not exist under Section 627.756, Fla. Stat. The Construction Law Committee, however, vehemently opposes changes to Florida law that impose increased requirements for claimants seeking payment for unpaid construction work on bonded public and private projects, including the changes proposed in HB 1247 and SB 1200.” Thank you. S. Katherine Frazier Board Certified Real Estate Lawyer Hill Ward Henderson 3700 Bank of America Plaza 101 East Kennedy Boulevard Tampa, FL 33602 http://www.hwhlaw.com<http://www.hwhlaw.com/> Main: 813-221-3900 Fax: 813-221-2900 Direct: 813-227-8480 skfrazier@hwhlaw.com<mailto:skfrazier@hwhlaw.com> From: Sean Mickley [mailto:sam@kirwinnorris.com] Sent: Friday, April 05, 2019 8:00 AM To: S. Katherine Frazier Cc: 'Scott Pence (SPence@cfjblaw.com<mailto:SPence@cfjblaw.com>)'; 'Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com<mailto:skurian@bplegal.com>) (skurian@bplegal.com<mailto:skurian@bplegal.com>)' Subject: RE: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 Revised paper and form attached. Summary below. I. Summary: The Construction Law Committee requests that the RPPTL Section take a formal position to oppose SB 1200 and HB 1247 in their entirety with the exception of the proposed changes adding contractors to the list of parties that may be awarded attorney fees under section 627.756, Fla. Stat. for claims on performance and payment bonds. The proposed changes and additions to SB 1200 and HB 1247 seek to require significantly greater hurdles for claimants on statutory payment bonds under Sections 255.05, Fla. Stat. and 713.23, Fla. Stat. II. Impact on Private Sector The proposed requirements to be set forth in the Notice of Non-Payment are akin to requiring a claimant to submit a Sworn Statement of Account pursuant to Sections 255.05(8) and 713.16(4), Fla. Stat. The procedures for seeking a Sworn Statement of Account already exist and this would be duplicative. many potential bond claimants in the construction industry may be without any secure recourse for payment on jobs. This could have a considerable impact on the construction industry, including many business failures in the construction industry and potentially increasing unemployment. III. Reason for Expedited Response and Vote The Construction Law Committee requests that the RPPTL Section expedite review and vote in opposition to SB 1200 and HB1247 because it is soon to be voted on the floor of the house and is being scheduled for its final committee in the Senate. Sean A. Mickley | Of Counsel Kirwin Norris, P.A. Vero Beach Office Orlando Office 4731 N. Highway A1A 15 W. Church St. Suite 226 Suite 301 Vero Beach, Florida 32963 Orlando, Florida 32801 O: 407-740-6600 F: 407-740-6363 E: sam@kirwinnorris.com<mailto:sam@kirwinnorris.com> [cid:image003.png@01CF36D7.85E687A0]<https://www.facebook.com/KirwinNorris> [cid:image004.png@01CF36D7.85E687A0] <http://www.linkedin.com/company/kirwin-norris> [cid:image009.png@01CF3A20.298302D0] <http://www.kirwinnorris.com/> This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. [X]<http://www.hwhlaw.com> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential information, and 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 received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org<mailto:CLC-Discussion@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/clc-discussion

FB

Fred Barnes

Sat, Apr 6, 2019 6:48 PM

Agreed.

Frederick C. Barnes
Sent from my iPhone

On Apr 5, 2019, at 7:24 PM, Jeffrey Price jeff@npw-law.com wrote:

agreed.

Jeffrey L Price

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org on behalf of Barry Kalmanson bkpa1@aol.com
Sent: Friday, April 5, 2019 6:31:28 PM
To: sam@kirwinnorris.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

It is time for the CLC to leave RPTL.

Sincerely,

Barry Kalmanson
500 N Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215

www.barrykalmanson.com

-----Original Message-----
From: Sean Mickley sam@kirwinnorris.com
To: clc-discussion@lists.flabarrpptl.org clc-discussion@lists.flabarrpptl.org
Sent: Fri, Apr 5, 2019 6:11 pm
Subject: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

All,

Please see the RPPTL Section and Executive Committee’s decision on the CLC recommendation regarding SB1200 and HB1247.

Sent from my iPhone

Sean A. Mickley | Of Counsel

Kirwin Norris, P.A.

4731 N.Highway A1A
Suite 226
Vero Beach, Florida 32963

O: 407-740-6600
F: 407-740-6363
E: sam@kirwinnorris.com

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.

Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Begin forwarded message:

From: "S. Katherine Frazier" katherine.frazier@hwhlaw.com
To: "Sean Mickley" sam@kirwinnorris.com
Cc: "'Bob Swaine'" bob@heartlandlaw.com, "Scott Pence (SPence@cfjblaw.com)" SPence@cfjblaw.com, "Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com) (skurian@bplegal.com)" skurian@bplegal.com
Subject: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

Sean-

             The Executive Committee considered the below legislative position requested by the Construction Law Committee today. We met and discussed the merits of the requested position and the fact that the bills were at a very advanced stage in the legislative process. Unfortunately, since the Section had not been previously engaged with the bill drafters and sponsors, it was determined that the Section was not in a position to effectively oppose this bill at the eleventh hour. We discussed the policy issues and the decision by the Executive Committee is not a decision on the policy that the Construction Law Committee seeks to advance. The Executive Committee declined to action on the below motion due to the timing and status of the subject legislation in the legislative process.

             Below is the requested position:

“The Construction Law Committee supports changes to Florida law to allow contractors to collect reasonable attorney fees for claims on payment and performance bonds, which presently does not exist under Section 627.756, Fla. Stat. The Construction Law Committee, however, vehemently opposes changes to Florida law that impose increased requirements for claimants seeking payment for unpaid construction work on bonded public and private projects, including the changes proposed in HB 1247 and SB 1200.”
Thank you.
S. Katherine Frazier
Board Certified Real Estate Lawyer

Hill Ward Henderson
3700 Bank of America Plaza
101 East Kennedy Boulevard
Tampa, FL 33602
http://www.hwhlaw.com
Main: 813-221-3900
Fax: 813-221-2900
Direct: 813-227-8480
skfrazier@hwhlaw.com

From: Sean Mickley [mailto:sam@kirwinnorris.com]
Sent: Friday, April 05, 2019 8:00 AM
To: S. Katherine Frazier
Cc: 'Scott Pence (SPence@cfjblaw.com)'; 'Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com) (skurian@bplegal.com)'
Subject: RE: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247

Revised paper and form attached. Summary below.

I. Summary:

The Construction Law Committee requests that the RPPTL Section take a formal position to oppose SB 1200 and HB 1247 in their entirety with the exception of the proposed changes adding contractors to the list of parties that may be awarded attorney fees under section 627.756, Fla. Stat. for claims on performance and payment bonds. The proposed changes and additions to SB 1200 and HB 1247 seek to require significantly greater hurdles for claimants on statutory payment bonds under Sections 255.05, Fla. Stat. and 713.23, Fla. Stat.

II. Impact on Private Sector

The proposed requirements to be set forth in the Notice of Non-Payment are akin to requiring a claimant to submit a Sworn Statement of Account pursuant to Sections 255.05(8) and 713.16(4), Fla. Stat. The procedures for seeking a Sworn Statement of Account already exist and this would be duplicative. many potential bond claimants in the construction industry may be without any secure recourse for payment on jobs. This could have a considerable impact on the construction industry, including many business failures in the construction industry and potentially increasing unemployment.

III. Reason for Expedited Response and Vote

The Construction Law Committee requests that the RPPTL Section expedite review and vote in opposition to SB 1200 and HB1247 because it is soon to be voted on the floor of the house and is being scheduled for its final committee in the Senate.

Sean A. Mickley | Of Counsel

Kirwin Norris, P.A.

Vero Beach Office Orlando Office
4731 N. Highway A1A 15 W. Church St.
Suite 226 Suite 301
Vero Beach, Florida 32963 Orlando, Florida 32801

O: 407-740-6600
F: 407-740-6363
E: sam@kirwinnorris.com

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.

Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential information, and 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 received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion

Agreed. Frederick C. Barnes Sent from my iPhone > On Apr 5, 2019, at 7:24 PM, Jeffrey Price <jeff@npw-law.com> wrote: > > agreed. > > Jeffrey L Price > > From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> on behalf of Barry Kalmanson <bkpa1@aol.com> > Sent: Friday, April 5, 2019 6:31:28 PM > To: sam@kirwinnorris.com; clc-discussion@lists.flabarrpptl.org > Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] > > It is time for the CLC to leave RPTL. > > Sincerely, > > Barry Kalmanson > 500 N Maitland Avenue > Suite 305 > Maitland, Fl. 32751 > 407-645-4500 x 215 > > www.barrykalmanson.com > > > -----Original Message----- > From: Sean Mickley <sam@kirwinnorris.com> > To: clc-discussion@lists.flabarrpptl.org <clc-discussion@lists.flabarrpptl.org> > Sent: Fri, Apr 5, 2019 6:11 pm > Subject: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] > > All, > > Please see the RPPTL Section and Executive Committee’s decision on the CLC recommendation regarding SB1200 and HB1247. > > Sent from my iPhone > > Sean A. Mickley | Of Counsel > > > Kirwin Norris, P.A. > > 4731 N.Highway A1A > Suite 226 > Vero Beach, Florida 32963 > > O: 407-740-6600 > F: 407-740-6363 > E: sam@kirwinnorris.com > > > > > This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. > > Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. > > Begin forwarded message: > >> From: "S. Katherine Frazier" <katherine.frazier@hwhlaw.com> >> To: "Sean Mickley" <sam@kirwinnorris.com> >> Cc: "'Bob Swaine'" <bob@heartlandlaw.com>, "Scott Pence (SPence@cfjblaw.com)" <SPence@cfjblaw.com>, "Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com) (skurian@bplegal.com)" <skurian@bplegal.com> >> Subject: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] >> >> Sean- >> >> The Executive Committee considered the below legislative position requested by the Construction Law Committee today. We met and discussed the merits of the requested position and the fact that the bills were at a very advanced stage in the legislative process. Unfortunately, since the Section had not been previously engaged with the bill drafters and sponsors, it was determined that the Section was not in a position to effectively oppose this bill at the eleventh hour. We discussed the policy issues and the decision by the Executive Committee is not a decision on the policy that the Construction Law Committee seeks to advance. The Executive Committee declined to action on the below motion due to the timing and status of the subject legislation in the legislative process. >> >> Below is the requested position: >> “The Construction Law Committee supports changes to Florida law to allow contractors to collect reasonable attorney fees for claims on payment and performance bonds, which presently does not exist under Section 627.756, Fla. Stat. The Construction Law Committee, however, vehemently opposes changes to Florida law that impose increased requirements for claimants seeking payment for unpaid construction work on bonded public and private projects, including the changes proposed in HB 1247 and SB 1200.” >> Thank you. >> S. Katherine Frazier >> Board Certified Real Estate Lawyer >> >> Hill Ward Henderson >> 3700 Bank of America Plaza >> 101 East Kennedy Boulevard >> Tampa, FL 33602 >> http://www.hwhlaw.com >> Main: 813-221-3900 >> Fax: 813-221-2900 >> Direct: 813-227-8480 >> skfrazier@hwhlaw.com >> >> From: Sean Mickley [mailto:sam@kirwinnorris.com] >> Sent: Friday, April 05, 2019 8:00 AM >> To: S. Katherine Frazier >> Cc: 'Scott Pence (SPence@cfjblaw.com)'; 'Sanjay Kurian - Becker & Poliakoff (skurian@bplegal.com) (skurian@bplegal.com)' >> Subject: RE: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 >> >> Revised paper and form attached. Summary below. >> >> I. Summary: >> >> The Construction Law Committee requests that the RPPTL Section take a formal position to oppose SB 1200 and HB 1247 in their entirety with the exception of the proposed changes adding contractors to the list of parties that may be awarded attorney fees under section 627.756, Fla. Stat. for claims on performance and payment bonds. The proposed changes and additions to SB 1200 and HB 1247 seek to require significantly greater hurdles for claimants on statutory payment bonds under Sections 255.05, Fla. Stat. and 713.23, Fla. Stat. >> >> II. Impact on Private Sector >> >> The proposed requirements to be set forth in the Notice of Non-Payment are akin to requiring a claimant to submit a Sworn Statement of Account pursuant to Sections 255.05(8) and 713.16(4), Fla. Stat. The procedures for seeking a Sworn Statement of Account already exist and this would be duplicative. many potential bond claimants in the construction industry may be without any secure recourse for payment on jobs. This could have a considerable impact on the construction industry, including many business failures in the construction industry and potentially increasing unemployment. >> >> III. Reason for Expedited Response and Vote >> >> The Construction Law Committee requests that the RPPTL Section expedite review and vote in opposition to SB 1200 and HB1247 because it is soon to be voted on the floor of the house and is being scheduled for its final committee in the Senate. >> >> >> Sean A. Mickley | Of Counsel >> >> >> Kirwin Norris, P.A. >> >> Vero Beach Office Orlando Office >> 4731 N. Highway A1A 15 W. Church St. >> Suite 226 Suite 301 >> Vero Beach, Florida 32963 Orlando, Florida 32801 >> >> O: 407-740-6600 >> F: 407-740-6363 >> E: sam@kirwinnorris.com >> >> >> >> >> This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. >> >> Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. >> >> >> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential information, and 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 received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. >> > _______________________________________________ > CLC-Discussion mailing list > CLC-Discussion@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/clc-discussion > _______________________________________________ > CLC-Discussion mailing list > CLC-Discussion@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/clc-discussion

BK

Barry Kalmanson

Sun, Apr 7, 2019 2:53 PM

How do we get the ball rolling for the CLC to leave RPTL? Sincerely, Barry Kalmanson500 N Maitland AvenueSuite 305 Maitland, Fl. 32751407-645-4500 x 215 www.barrykalmanson.com -----Original Message-----
From: Fred Barnes fred@fcbarneslaw.com
To: Jeffrey Price jeff@npw-law.com
Cc: sam@kirwinnorris.com sam@kirwinnorris.com; clc-discussion@lists.flabarrpptl.org clc-discussion@lists.flabarrpptl.org; Barry Kalmanson bkpa1@aol.com
Sent: Sat, Apr 6, 2019 2:48 pm
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

Agreed.

Frederick C. BarnesSent from my iPhone
On Apr 5, 2019, at 7:24 PM, Jeffrey Price jeff@npw-law.com wrote:

agreed.

Jeffrey L Price

Sent: Friday, April 5, 2019 6:31:28 PM
To: sam@kirwinnorris.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] It is time for the CLC to leave RPTL. Sincerely, Barry Kalmanson500 N Maitland AvenueSuite 305 Maitland, Fl. 32751407-645-4500 x 215 www.barrykalmanson.com

How do we get the ball rolling for the CLC to leave RPTL? Sincerely, Barry Kalmanson500 N Maitland AvenueSuite 305 Maitland, Fl. 32751407-645-4500 x 215 www.barrykalmanson.com -----Original Message----- From: Fred Barnes <fred@fcbarneslaw.com> To: Jeffrey Price <jeff@npw-law.com> Cc: sam@kirwinnorris.com <sam@kirwinnorris.com>; clc-discussion@lists.flabarrpptl.org <clc-discussion@lists.flabarrpptl.org>; Barry Kalmanson <bkpa1@aol.com> Sent: Sat, Apr 6, 2019 2:48 pm Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] Agreed. Frederick C. BarnesSent from my iPhone On Apr 5, 2019, at 7:24 PM, Jeffrey Price <jeff@npw-law.com> wrote: agreed. Jeffrey L Price Sent: Friday, April 5, 2019 6:31:28 PM To: sam@kirwinnorris.com; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] It is time for the CLC to leave RPTL. Sincerely, Barry Kalmanson500 N Maitland AvenueSuite 305 Maitland, Fl. 32751407-645-4500 x 215 www.barrykalmanson.com

WL

Weintraub, Lee

Sun, Apr 7, 2019 2:58 PM

We don’t. We get the ball rolling with one of you creating a new CLC independent of the Florida Bar. I will remain active with the RPPTL construction law committee and look forward to hearing from you about how your new committee can serve its members. I would consider joining your committee as well if you can make it work.

Get Outlook for iOShttps://aka.ms/o0ukef

Lee
A.
Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
954.985.4147
954.985.4176
lweintraub@beckerlawyers.com
www.beckerlawyers.com
Connect with me on LinkedIn
Find me on Facebook
Follow Becker on...
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.

Lee
A.
Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Ft. Lauderdale
Ext: 15147
(954.985.4147)
From: clc-discussion-bounces@lists.flabarrpptl.org on behalf of Barry Kalmanson bkpa1@aol.com
Sent: Sunday, April 7, 2019 10:56 AM
To: fred@fcbarneslaw.com; jeff@npw-law.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

How do we get the ball rolling for the CLC to leave RPTL?

Sincerely,

Barry Kalmanson
500 N Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215

www.barrykalmanson.com http://www.barrykalmanson.com

-----Original Message-----
From: Fred Barnes fred@fcbarneslaw.com
To: Jeffrey Price jeff@npw-law.com
Cc: sam@kirwinnorris.com sam@kirwinnorris.com; clc-discussion@lists.flabarrpptl.org clc-discussion@lists.flabarrpptl.org; Barry Kalmanson bkpa1@aol.com
Sent: Sat, Apr 6, 2019 2:48 pm
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

Agreed.

Frederick C. Barnes
Sent from my iPhone

On Apr 5, 2019, at 7:24 PM, Jeffrey Price <jeff@npw-law.com mailto:jeff@npw-law.com> wrote:

agreed.

Jeffrey L Price

Sent: Friday, April 5, 2019 6:31:28 PM
To: sam@kirwinnorris.com mailto:sam@kirwinnorris.com; clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

It is time for the CLC to leave RPTL.

Sincerely,

Barry Kalmanson
500 N Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215

www.barrykalmanson.com http://www.barrykalmanson.com

We don’t. We get the ball rolling with one of you creating a new CLC independent of the Florida Bar. I will remain active with the RPPTL construction law committee and look forward to hearing from you about how your new committee can serve its members. I would consider joining your committee as well if you can make it work. Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ Lee A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 954.985.4147 954.985.4176 lweintraub@beckerlawyers.com www.beckerlawyers.com Connect with me on LinkedIn Find me on Facebook Follow Becker on... Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. Lee A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group Ft. Lauderdale Ext: 15147 (954.985.4147) From: clc-discussion-bounces@lists.flabarrpptl.org on behalf of Barry Kalmanson <bkpa1@aol.com> Sent: Sunday, April 7, 2019 10:56 AM To: fred@fcbarneslaw.com; jeff@npw-law.com Cc: clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] How do we get the ball rolling for the CLC to leave RPTL? Sincerely, Barry Kalmanson 500 N Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 www.barrykalmanson.com<http://www.barrykalmanson.com> -----Original Message----- From: Fred Barnes <fred@fcbarneslaw.com> To: Jeffrey Price <jeff@npw-law.com> Cc: sam@kirwinnorris.com <sam@kirwinnorris.com>; clc-discussion@lists.flabarrpptl.org <clc-discussion@lists.flabarrpptl.org>; Barry Kalmanson <bkpa1@aol.com> Sent: Sat, Apr 6, 2019 2:48 pm Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] Agreed. Frederick C. Barnes Sent from my iPhone On Apr 5, 2019, at 7:24 PM, Jeffrey Price <jeff@npw-law.com<mailto:jeff@npw-law.com>> wrote: agreed. Jeffrey L Price ________________________________ Sent: Friday, April 5, 2019 6:31:28 PM To: sam@kirwinnorris.com<mailto:sam@kirwinnorris.com>; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] It is time for the CLC to leave RPTL. Sincerely, Barry Kalmanson 500 N Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 www.barrykalmanson.com<http://www.barrykalmanson.com>

FB

Fred Barnes

Sun, Apr 7, 2019 3:52 PM

Lee,

Not sure why the existing CLC couldn’t continue within the Florida Bar but transferred out from the auspices of RPPTL, perhaps as a new Section? Not sure why construction needs to be in a probate law Section, which only hinders the CLC’s operations.

Sincerely,

Frederick C. Barnes, Esq.

Board Certified Construction Lawyer

500 N. Maitland Ave., Suite 305

Maitland, FL 32751

(407) 865-9200

http://www.fcbarneslaw.com/ www.fcbarneslaw.com

rsz_1fcb_lrg_logo

From: Weintraub, Lee [mailto:lweintraub@beckerlawyers.com]
Sent: Sunday, April 07, 2019 10:59 AM
To: Barry Kalmanson; fred@fcbarneslaw.com; jeff@npw-law.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

We don’t. We get the ball rolling with one of you creating a new CLC independent of the Florida Bar. I will remain active with the RPPTL construction law committee and look forward to hearing from you about how your new committee can serve its members. I would consider joining your committee as well if you can make it work.

Get Outlook for iOS https://aka.ms/o0ukef

Lee

A.

Weintraub

Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group

http://www.beckerlawyers.com/ www.beckerlawyers.com

Becker & Poliakoff

1 East Broward Blvd., Suite 1800

Ft. Lauderdale,

FL

33301

cid:image003.png@01D4ED35.FA181980

tel:954.985.4147 954.985.4147

cid:image004.png@01D4ED35.FA181980

fax:954.985.4176 954.985.4176

cid:image005.png@01D4ED35.FA181980

mailto:lweintraub@beckerlawyers.com lweintraub@beckerlawyers.com

cid:image006.png@01D4ED35.FA181980

http://www.beckerlawyers.com/ www.beckerlawyers.com

cid:image007.png@01D4ED35.FA181980

http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813 Connect with me on LinkedIn

http://twitter.com/leeweintraub Find me on Facebook

cid:image008.jpg@01D4ED35.FA181980

Follow Becker on...

http://www.facebook.com/beckerpoliakoff Facebook

http://www.linkedin.com/company/becker-&-poliakoff-p.a. LinkedIn

http://twitter.com/BeckerPoliakoff Twitter

https://www.youtube.com/user/bplawfirm YouTube

Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.

Lee

A.

Weintraub

Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group

Ft. Lauderdale

Ext: 15147

tel:954.985.4147 (954.985.4147)

From: clc-discussion-bounces@lists.flabarrpptl.org on behalf of Barry Kalmanson bkpa1@aol.com
Sent: Sunday, April 7, 2019 10:56 AM
To: fred@fcbarneslaw.com; jeff@npw-law.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

How do we get the ball rolling for the CLC to leave RPTL?

Sincerely,

Barry Kalmanson

500 N Maitland Avenue

Suite 305

Maitland, Fl. 32751

407-645-4500 x 215

http://www.barrykalmanson.com www.barrykalmanson.com

-----Original Message-----
From: Fred Barnes fred@fcbarneslaw.com
To: Jeffrey Price jeff@npw-law.com
Cc: sam@kirwinnorris.com sam@kirwinnorris.com; clc-discussion@lists.flabarrpptl.org clc-discussion@lists.flabarrpptl.org; Barry Kalmanson bkpa1@aol.com
Sent: Sat, Apr 6, 2019 2:48 pm
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

Agreed.

Frederick C. Barnes

Sent from my iPhone

On Apr 5, 2019, at 7:24 PM, Jeffrey Price < mailto:jeff@npw-law.com jeff@npw-law.com> wrote:

agreed.

Jeffrey L Price

Sent: Friday, April 5, 2019 6:31:28 PM
To: mailto:sam@kirwinnorris.com sam@kirwinnorris.com; mailto:clc-discussion@lists.flabarrpptl.org clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

It is time for the CLC to leave RPTL.

Sincerely,

Barry Kalmanson

500 N Maitland Avenue

Suite 305

Maitland, Fl. 32751

407-645-4500 x 215

http://www.barrykalmanson.com www.barrykalmanson.com

Lee, Not sure why the existing CLC couldn’t continue within the Florida Bar but transferred out from the auspices of RPPTL, perhaps as a new Section? Not sure why construction needs to be in a probate law Section, which only hinders the CLC’s operations. Sincerely, Frederick C. Barnes, Esq. Board Certified Construction Lawyer 500 N. Maitland Ave., Suite 305 Maitland, FL 32751 (407) 865-9200 <http://www.fcbarneslaw.com/> www.fcbarneslaw.com rsz_1fcb_lrg_logo From: Weintraub, Lee [mailto:lweintraub@beckerlawyers.com] Sent: Sunday, April 07, 2019 10:59 AM To: Barry Kalmanson; fred@fcbarneslaw.com; jeff@npw-law.com Cc: clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] We don’t. We get the ball rolling with one of you creating a new CLC independent of the Florida Bar. I will remain active with the RPPTL construction law committee and look forward to hearing from you about how your new committee can serve its members. I would consider joining your committee as well if you can make it work. Get Outlook for iOS <https://aka.ms/o0ukef> Lee A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group <http://www.beckerlawyers.com/> www.beckerlawyers.com Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 cid:image003.png@01D4ED35.FA181980 <tel:954.985.4147> 954.985.4147 cid:image004.png@01D4ED35.FA181980 <fax:954.985.4176> 954.985.4176 cid:image005.png@01D4ED35.FA181980 <mailto:lweintraub@beckerlawyers.com> lweintraub@beckerlawyers.com cid:image006.png@01D4ED35.FA181980 <http://www.beckerlawyers.com/> www.beckerlawyers.com cid:image007.png@01D4ED35.FA181980 <http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813> Connect with me on LinkedIn <http://twitter.com/leeweintraub> Find me on Facebook cid:image008.jpg@01D4ED35.FA181980 Follow Becker on... <http://www.facebook.com/beckerpoliakoff> Facebook <http://www.linkedin.com/company/becker-&-poliakoff-p.a.> LinkedIn <http://twitter.com/BeckerPoliakoff> Twitter <https://www.youtube.com/user/bplawfirm> YouTube Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. Lee A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group Ft. Lauderdale Ext: 15147 <tel:954.985.4147> (954.985.4147) _____ From: clc-discussion-bounces@lists.flabarrpptl.org on behalf of Barry Kalmanson <bkpa1@aol.com> Sent: Sunday, April 7, 2019 10:56 AM To: fred@fcbarneslaw.com; jeff@npw-law.com Cc: clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] How do we get the ball rolling for the CLC to leave RPTL? Sincerely, Barry Kalmanson 500 N Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 <http://www.barrykalmanson.com> www.barrykalmanson.com -----Original Message----- From: Fred Barnes <fred@fcbarneslaw.com> To: Jeffrey Price <jeff@npw-law.com> Cc: sam@kirwinnorris.com <sam@kirwinnorris.com>; clc-discussion@lists.flabarrpptl.org <clc-discussion@lists.flabarrpptl.org>; Barry Kalmanson <bkpa1@aol.com> Sent: Sat, Apr 6, 2019 2:48 pm Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] Agreed. Frederick C. Barnes Sent from my iPhone On Apr 5, 2019, at 7:24 PM, Jeffrey Price < <mailto:jeff@npw-law.com> jeff@npw-law.com> wrote: agreed. Jeffrey L Price _____ Sent: Friday, April 5, 2019 6:31:28 PM To: <mailto:sam@kirwinnorris.com> sam@kirwinnorris.com; <mailto:clc-discussion@lists.flabarrpptl.org> clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] It is time for the CLC to leave RPTL. Sincerely, Barry Kalmanson 500 N Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 <http://www.barrykalmanson.com> www.barrykalmanson.com

WL

Weintraub, Lee

Sun, Apr 7, 2019 4:33 PM

Once again, one of you can go through the process of contacting the Florida Bar to inquire about making the move. Until then, I am going to remain active in the RPPTL section because of all the other benefits it provides me in my practice, as well as the great friends I have made there.

Get Outlook for iOShttps://aka.ms/o0ukef

Lee
A.
Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
954.985.4147
954.985.4176
lweintraub@beckerlawyers.com
www.beckerlawyers.com
Connect with me on LinkedIn
Find me on Facebook
Follow Becker on...
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.

Lee
A.
Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Ft. Lauderdale
Ext: 15147
(954.985.4147)
From: clc-discussion-bounces@lists.flabarrpptl.org on behalf of Fred Barnes fred@fcbarneslaw.com
Sent: Sunday, April 7, 2019 11:54 AM
To: Weintraub, Lee; 'Barry Kalmanson'; jeff@npw-law.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

Lee,

Not sure why the existing CLC couldn’t continue within the Florida Bar but transferred out from the auspices of RPPTL, perhaps as a new Section? Not sure why construction needs to be in a probate law Section, which only hinders the CLC’s operations.

Sincerely,

Frederick C. Barnes, Esq.
Board Certified Construction Lawyer
500 N. Maitland Ave., Suite 305
Maitland, FL 32751
(407) 865-9200
www.fcbarneslaw.com http://www.fcbarneslaw.com/
[rsz_1fcb_lrg_logo]

From: Weintraub, Lee [mailto:lweintraub@beckerlawyers.com]
Sent: Sunday, April 07, 2019 10:59 AM
To: Barry Kalmanson; fred@fcbarneslaw.com; jeff@npw-law.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

We don’t. We get the ball rolling with one of you creating a new CLC independent of the Florida Bar. I will remain active with the RPPTL construction law committee and look forward to hearing from you about how your new committee can serve its members. I would consider joining your committee as well if you can make it work.

Get Outlook for iOShttps://aka.ms/o0ukef

Lee

A.

Weintraub

Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group

[www.beckerlawyers.com]http://www.beckerlawyers.com/

Becker & Poliakoff

1 East Broward Blvd., Suite 1800

Ft. Lauderdale,

FL

33301

[cid:image003.png@01D4ED35.FA181980]

954.985.4147tel:954.985.4147

[cid:image004.png@01D4ED35.FA181980]

954.985.4176

[cid:image005.png@01D4ED35.FA181980]

lweintraub@beckerlawyers.com mailto:lweintraub@beckerlawyers.com

[cid:image006.png@01D4ED35.FA181980]

www.beckerlawyers.com http://www.beckerlawyers.com/

[cid:image007.png@01D4ED35.FA181980]

Connect with me on LinkedIn
http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813

Find me on Facebook
http://twitter.com/leeweintraub

[cid:image008.jpg@01D4ED35.FA181980]

Follow Becker on...

[Facebook]http://www.facebook.com/beckerpoliakoff

[LinkedIn]http://www.linkedin.com/company/becker-&-poliakoff-p.a.

[Twitter]http://twitter.com/BeckerPoliakoff

[YouTube]https://www.youtube.com/user/bplawfirm

Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.

Lee

A.

Weintraub

Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group

Ft. Lauderdale

Ext: 15147

(954.985.4147)tel:954.985.4147

From: clc-discussion-bounces@lists.flabarrpptl.org on behalf of Barry Kalmanson bkpa1@aol.com
Sent: Sunday, April 7, 2019 10:56 AM
To: fred@fcbarneslaw.com; jeff@npw-law.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

How do we get the ball rolling for the CLC to leave RPTL?

Sincerely,

Barry Kalmanson
500 N Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215

www.barrykalmanson.com http://www.barrykalmanson.com

-----Original Message-----
From: Fred Barnes fred@fcbarneslaw.com
To: Jeffrey Price jeff@npw-law.com
Cc: sam@kirwinnorris.com sam@kirwinnorris.com; clc-discussion@lists.flabarrpptl.org clc-discussion@lists.flabarrpptl.org; Barry Kalmanson bkpa1@aol.com
Sent: Sat, Apr 6, 2019 2:48 pm
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]
Agreed.
Frederick C. Barnes
Sent from my iPhone

On Apr 5, 2019, at 7:24 PM, Jeffrey Price <jeff@npw-law.com mailto:jeff@npw-law.com> wrote:
agreed.
Jeffrey L Price

Sent: Friday, April 5, 2019 6:31:28 PM
To: sam@kirwinnorris.com mailto:sam@kirwinnorris.com; clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151]

It is time for the CLC to leave RPTL.

Sincerely,

Barry Kalmanson
500 N Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215

www.barrykalmanson.com http://www.barrykalmanson.com

Once again, one of you can go through the process of contacting the Florida Bar to inquire about making the move. Until then, I am going to remain active in the RPPTL section because of all the other benefits it provides me in my practice, as well as the great friends I have made there. Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ Lee A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 954.985.4147 954.985.4176 lweintraub@beckerlawyers.com www.beckerlawyers.com Connect with me on LinkedIn Find me on Facebook Follow Becker on... Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. Lee A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group Ft. Lauderdale Ext: 15147 (954.985.4147) From: clc-discussion-bounces@lists.flabarrpptl.org on behalf of Fred Barnes <fred@fcbarneslaw.com> Sent: Sunday, April 7, 2019 11:54 AM To: Weintraub, Lee; 'Barry Kalmanson'; jeff@npw-law.com Cc: clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] Lee, Not sure why the existing CLC couldn’t continue within the Florida Bar but transferred out from the auspices of RPPTL, perhaps as a new Section? Not sure why construction needs to be in a probate law Section, which only hinders the CLC’s operations. Sincerely, Frederick C. Barnes, Esq. Board Certified Construction Lawyer 500 N. Maitland Ave., Suite 305 Maitland, FL 32751 (407) 865-9200 www.fcbarneslaw.com<http://www.fcbarneslaw.com/> [rsz_1fcb_lrg_logo] From: Weintraub, Lee [mailto:lweintraub@beckerlawyers.com] Sent: Sunday, April 07, 2019 10:59 AM To: Barry Kalmanson; fred@fcbarneslaw.com; jeff@npw-law.com Cc: clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] We don’t. We get the ball rolling with one of you creating a new CLC independent of the Florida Bar. I will remain active with the RPPTL construction law committee and look forward to hearing from you about how your new committee can serve its members. I would consider joining your committee as well if you can make it work. Get Outlook for iOS<https://aka.ms/o0ukef> Lee A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group [www.beckerlawyers.com]<http://www.beckerlawyers.com/> Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 [cid:image003.png@01D4ED35.FA181980] 954.985.4147<tel:954.985.4147> [cid:image004.png@01D4ED35.FA181980] 954.985.4176 [cid:image005.png@01D4ED35.FA181980] lweintraub@beckerlawyers.com<mailto:lweintraub@beckerlawyers.com> [cid:image006.png@01D4ED35.FA181980] www.beckerlawyers.com<http://www.beckerlawyers.com/> [cid:image007.png@01D4ED35.FA181980] Connect with me on LinkedIn <http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813> Find me on Facebook <http://twitter.com/leeweintraub> [cid:image008.jpg@01D4ED35.FA181980] Follow Becker on... [Facebook]<http://www.facebook.com/beckerpoliakoff> [LinkedIn]<http://www.linkedin.com/company/becker-&-poliakoff-p.a.> [Twitter]<http://twitter.com/BeckerPoliakoff> [YouTube]<https://www.youtube.com/user/bplawfirm> Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. Lee A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group Ft. Lauderdale Ext: 15147 (954.985.4147)<tel:954.985.4147> ________________________________ From: clc-discussion-bounces@lists.flabarrpptl.org on behalf of Barry Kalmanson <bkpa1@aol.com> Sent: Sunday, April 7, 2019 10:56 AM To: fred@fcbarneslaw.com; jeff@npw-law.com Cc: clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] How do we get the ball rolling for the CLC to leave RPTL? Sincerely, Barry Kalmanson 500 N Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 www.barrykalmanson.com<http://www.barrykalmanson.com> -----Original Message----- From: Fred Barnes <fred@fcbarneslaw.com> To: Jeffrey Price <jeff@npw-law.com> Cc: sam@kirwinnorris.com <sam@kirwinnorris.com>; clc-discussion@lists.flabarrpptl.org <clc-discussion@lists.flabarrpptl.org>; Barry Kalmanson <bkpa1@aol.com> Sent: Sat, Apr 6, 2019 2:48 pm Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] Agreed. Frederick C. Barnes Sent from my iPhone On Apr 5, 2019, at 7:24 PM, Jeffrey Price <jeff@npw-law.com<mailto:jeff@npw-law.com>> wrote: agreed. Jeffrey L Price ________________________________ Sent: Friday, April 5, 2019 6:31:28 PM To: sam@kirwinnorris.com<mailto:sam@kirwinnorris.com>; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Fwd: CLC - Legislative Position Form and White Paper on SB 1200 and HB 1247 [IWOV-FirmLive.FID1364151] It is time for the CLC to leave RPTL. Sincerely, Barry Kalmanson 500 N Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 www.barrykalmanson.com<http://www.barrykalmanson.com>