body{font-size:10pt;font-family:arial,sans-serif;background-color:#ffffff;color:black;}p{margin:0px;}I agree completely.

ADRIENNE F. PROMOFF, P.A.
Museum Tower * Penthouse II
150 West Flagler Street, Suite 2950
Miami, Florida 33130
Tel: 305-374-0102
Fax: 305-692-3086
Email: apromoff@mindspring.com

NOTICE: This e-mail is from an attorney and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of this firm, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything in reply that you intend to be confidential. If you properly received this e-mail as a client, co-counsel or consultant, you should maintain its contents in confidence in order to preserve the attorney-client privilege or work product exclusion that may be available to protect confidentiality.

Adrienne F. Promoff

----Original Message-----
From: "Rick G. Emmanuel"
Sent: Jan 27, 2011 11:12 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: "'Law Offices of Scott A. Frank'"
Subject: Re: [RPPTL LandTen] Legislative Changes

I have concerns with proposed subsection (7) of Section 48.031, FS, as set forth in HB 59. While I understand that the purpose is to allow process servers access to gated communities, I believe the wording goes to far. For example:

1. What is "unannounced access"? Does this mean they can walk in without identifying who they are?

2. Why access to limited common areas? Does this allow access to balconies, storage lockers and similar areas?

3. What are "secured residential areas"? I consider my home a secured residential area. So is a condominium unit. If this bill passes, can a process server just walk into someone's home, unannounced, without ringing the bell or telling the owner who he is? At least the police generally need a search warrant to enter someone's home.

Maybe I am over reacting, but I believe that if the bill is passed as written, it will have unintended consequences, lead to litigation and could be unconstitutional.

Thanks,

Rick

Patrick G. Emmanuel, Jr., Esq.

Board Certified Real Estate Lawyer

Emmanuel, Sheppard & Condon, P.A.

30 South Spring Street

Pensacola, FL 32502

Telephone: (850) 433-6581

Facsimile: (850) 433-6162

CONFIDENTIALITY STATEMENT:

This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (rge@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.

---

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, January 26, 2011 8:24 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: [RPPTL LandTen] Legislative Changes

Our Committee has been asked to give input on the following proposed bills. If you have any comments on thee proposed changes as they relate to Landlord/Tenant practice, please email Scott Frank, our Co-Chair and legislative coordinator as soon as possible as we have only two days in which to respond to the RPPTL Section on these.

House Bills 0059 (same as SB 328) - Giving process servers "unannounced" access to residential common areas and gated communities to effect service.

HB 0291 (same SB 0426**) - Amends 83.62.**  Allowing process servers to post a writ of possession in addition to the sheriff in residential cases.

SB 176 - Relating in parts to affordable housing matters.

Please send any comments to Scott at your earliest convenience.

Neil Shoter

Chair

Neil B. Shoter
Partner / LEED Accredited Professional

---

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

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
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to advise you that, unless otherwise expressly indicated,
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used and cannot be used by any taxpayer for the purpose
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transaction or matter, and such taxpayer should seek
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any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Thanks!

Rick

Patrick G. Emmanuel, Jr., Esq.
Board Certified Real Estate Lawyer
Emmanuel, Sheppard & Condon, P.A.
30 South Spring Street
Pensacola, FL  32502
Telephone: (850) 433-6581
Facsimile: (850) 433-6162

CONFIDENTIALITY STATEMENT:

This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (rge@esclaw.commailto:rge@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Adrienne F. Promoff
Sent: Thursday, January 27, 2011 10:30 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Legislative Changes

I agree completely.

ADRIENNE F. PROMOFF, P.A.
Museum Tower * Penthouse II
150 West Flagler Street, Suite 2950
Miami, Florida 33130
Tel: 305-374-0102
Fax: 305-692-3086
Email: apromoff@mindspring.commailto:apromoff@mindspring.com

NOTICE: This e-mail is from an attorney and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of this firm, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything in reply that you intend to be confidential. If you properly received this e-mail as a client, co-counsel or consultant, you should maintain its contents in confidence in order to preserve the attorney-client privilege or work product exclusion that may be available to protect confidentiality.

Adrienne F. Promoff

----Original Message-----
From: "Rick G. Emmanuel"
Sent: Jan 27, 2011 11:12 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: "'Law Offices of Scott A. Frank'"
Subject: Re: [RPPTL LandTen] Legislative Changes

I have concerns with proposed subsection (7) of Section 48.031, FS, as set forth in HB 59. While I understand that the purpose is to allow process servers access to gated communities, I believe the wording goes to far. For example:

1. What is "unannounced access"? Does this mean they can walk in without identifying who they are?

2. Why access to limited common areas? Does this allow access to balconies, storage lockers and similar areas?

3. What are "secured residential areas"? I consider my home a secured residential area. So is a condominium unit. If this bill passes, can a process server just walk into someone's home, unannounced,  without ringing the bell or telling the owner who he is? At least the police generally need a search warrant to enter someone's home.

Maybe I am over reacting, but I believe that if the bill is passed as written, it will have unintended consequences, lead to litigation and could be unconstitutional.

Thanks,

Rick

Patrick G. Emmanuel, Jr., Esq.
Board Certified Real Estate Lawyer
Emmanuel, Sheppard & Condon, P.A.
30 South Spring Street
Pensacola, FL  32502
Telephone: (850) 433-6581
Facsimile: (850) 433-6162

CONFIDENTIALITY STATEMENT:

This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (rge@esclaw.commailto:rge@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, January 26, 2011 8:24 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: [RPPTL LandTen] Legislative Changes

Our Committee has been asked to give input on the following proposed bills.  If you have any comments on thee proposed changes as they relate to Landlord/Tenant practice, please email Scott Frank, our Co-Chair and legislative coordinator as soon as possible as we have only two days in which to respond to the RPPTL Section on these.

House Bills 0059 (same as SB 328) - Giving process servers "unannounced" access to residential common areas and gated communities to effect service.

HB 0291 (same SB 0426) - Amends 83.62.  Allowing process servers to post a writ of possession in addition to the sheriff in residential cases.

SB 176 - Relating in parts to affordable housing matters.

Please send any comments to Scott at your earliest convenience.

Neil Shoter
Chair

[http://www.shutts.com/shutts100.jpg]
Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | Websitehttp://www.shutts.com/

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.