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[RPPTL LandTen] Legislative Changes

NB
Neil B. Shoter
Wed, Jan 26, 2011 2:24 PM

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/

</pre>IRS CIRCULAR 230 NOTICE:  Pursuant to recently enacted<br>U.S. Treasury Department Regulations, we are now required<br>to advise you that, unless otherwise expressly indicated,<br>any federal tax advice expressed above was neither<br>written nor intended by the sender or this firm to be<br>used and cannot be used by any taxpayer for the purpose <br>of avoiding penalties that may be imposed under U.S. tax <br>law.  If any person uses or refers to any such tax advice<br>in promoting, marketing or recommending a partnership or<br>other entity, investment plan or arrangement to any <br>taxpayer, then the advice should be considered to have<br>been written to support the promotion or marketing by a <br>person other than the sender or this firm of that <br>transaction or matter, and such taxpayer should seek<br>advice based on the taxpayer's particular circumstances<br>from an independent tax advisor.<br><br><br>The information in this email transmission is privileged<br>and confidential.  If you are not the intended recipient,<br>nor the employee or agent responsible for delivering it to<br>the intended recipient, you are hereby notified that any<br>dissemination or copying of this transmission (including<br>any attachments) is strictly prohibited.  If you have<br>received this email in error, please notify the sender by<br>email reply.  Thank you.<br><pre>

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-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website<http://www.shutts.com/> </pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted<br>U.S. Treasury Department Regulations, we are now required<br>to advise you that, unless otherwise expressly indicated,<br>any federal tax advice expressed above was neither<br>written nor intended by the sender or this firm to be<br>used and cannot be used by any taxpayer for the purpose <br>of avoiding penalties that may be imposed under U.S. tax <br>law. If any person uses or refers to any such tax advice<br>in promoting, marketing or recommending a partnership or<br>other entity, investment plan or arrangement to any <br>taxpayer, then the advice should be considered to have<br>been written to support the promotion or marketing by a <br>person other than the sender or this firm of that <br>transaction or matter, and such taxpayer should seek<br>advice based on the taxpayer's particular circumstances<br>from an independent tax advisor.<br><br><br>The information in this email transmission is privileged<br>and confidential. If you are not the intended recipient,<br>nor the employee or agent responsible for delivering it to<br>the intended recipient, you are hereby notified that any<br>dissemination or copying of this transmission (including<br>any attachments) is strictly prohibited. If you have<br>received this email in error, please notify the sender by<br>email reply. Thank you.<br><pre>
HB59.pdf (83.21 KB)
HB291.pdf (88.22 KB)
SB176.pdf (224.74 KB)
PH
Phyllis Harley
Wed, Jan 26, 2011 3:32 PM

I am addressing the issue of HB 0291

I see an issue with coordination of the day after posting when the sheriff
will be required to appear to return possession to the owner. This bill
would now add a 3rd party to coordinate with (the process server who posted
the Writ).  What reporting requirement will the process server have to
notify the sheriff that the Writ has been posted and the sheriff can appear
the next day (24 hours notice) to return possession to owner and possibly
remove any persons still remaining on property?

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, January 26, 2011 9:24 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
mailto:NShoter@shutts.com E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card |  http://www.shutts.com/
Website

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

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

I am addressing the issue of HB 0291 I see an issue with coordination of the day after posting when the sheriff will be required to appear to return possession to the owner. This bill would now add a 3rd party to coordinate with (the process server who posted the Writ). What reporting requirement will the process server have to notify the sheriff that the Writ has been posted and the sheriff can appear the next day (24 hours notice) to return possession to owner and possibly remove any persons still remaining on property? From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Wednesday, January 26, 2011 9:24 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 <mailto:NShoter@shutts.com> E-Mail | <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography | <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card | <http://www.shutts.com/> Website 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.
H
harry (at) evict.com
Wed, Jan 26, 2011 3:37 PM

Hi All,

I wrote up the original wording for HB 0291 for the Florida Apartment
Association but bill drafting in Tallahassee  came up with their own version
that has some problems. You will note that in their drafting, they limited
it to private process servers only in the 83.62 eviction setting. What about
foreclosures?

Please see my original wording below. I have no idea why they changed it so
much.

I would like to see the RPPTL section support this legislation once it is
amended.  It will alleviate some of the delays in getting the writ served
and take some burden off the sheriff's departments who have had budget cuts.
In Pinellas for example, the sheriff does not want to serve process at all.
It is a money loser for them. Many of the sheriffs will argue that they
handle these quickly but in the larger counties, there is a serious delay.
You will also hear a "safety" argument but remember, this is "service", not
"execution"

If you have any concerns, please contact Chip Tatum who is the Government
Affairs Director for the Florida Apartment Association.  We are the ones
pushing for this and he is your main contact.  Chip's email  is
chip@fl-apartments.org  and chip@aago.org Chip's cell is 321-277-8401 and
office is 407-647-8839.

Harry Heist

---BEGIN DRAFT LEGISLATION---

48.27 Certified process servers.

(1) The chief judge of each judicial circuit may establish an approved list
of natural persons designated as certified process servers. The chief judge
may periodically add to such list the names of those natural persons who
have met the requirements for certification provided for in s. 48.29. Each
person whose name has been added to the approved list is subject to annual
recertification and reappointment by the chief judge of a judicial circuit.
The chief judge shall prescribe appropriate forms for application for
inclusion on the list of certified process servers. A reasonable fee for the
processing of any such application must be charged.

(2)(a) The addition of a person's name to the list authorizes him or her to
serve initial nonenforceable civil process on a person found within the
circuit where the process server is certified or a writ of possession in an
action for possession of real property when a civil action has been filed
against such person in the circuit court or in a county court in the state.
Upon filing an action in circuit or county court, a person may select from
the list for the circuit where the process is to be served one or more
certified process servers to serve initial nonenforceable civil process.

(b) The addition of a person's name to the list authorizes him or her to
serve criminal witness subpoenas and criminal summonses on a person found
within the circuit where the process server is certified. The state in any
proceeding or investigation by a grand jury or any party in a criminal
action, prosecution, or proceeding may select from the list for the circuit
where the process is to be served one or more certified process servers to
serve the subpoena or summons.

(3) Nothing herein shall be interpreted to exclude a sheriff or deputy or
other person appointed by the sheriff pursuant to s. 48.021 from serving
process or to exclude a person from appointment by individual motion and
order to serve process in any civil action in accordance with Rule 1.070(b)
of the Florida Rules of Civil Procedure.

83.62  Restoration of possession to landlord.--

(1)  In an action for possession, after entry of judgment in favor of the
landlord, the clerk shall issue a writ to the sheriff or person authorized
under Florida law to serve process describing the premises and commanding
the sheriff to put the landlord in possession after 24 hours' notice
conspicuously posted on the premises.

(2)  At the time the sheriff executes the writ of possession or at any time
thereafter, the landlord or the landlord's agent may remove any personal
property found on the premises to or near the property line. Subsequent to
executing the writ of possession, the landlord may request the sheriff to
stand by to keep the peace while the landlord changes the locks and removes
the personal property from the premises. When such a request is made, the
sheriff may charge a reasonable hourly rate, and the person requesting the
sheriff to stand by to keep the peace shall be responsible for paying the
reasonable hourly rate set by the sheriff. Neither the sheriff nor the
landlord or the landlord's agent shall be liable to the tenant or any other
party for the loss, destruction, or damage to the property after it has been
removed.

---END DRAFT LEGISLATION---

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

<http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=101615773
3> Description: Description: facebook

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, January 26, 2011 9:24 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 the 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
mailto:NShoter@shutts.com E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card |  http://www.shutts.com/
Website

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.

Hi All, I wrote up the original wording for HB 0291 for the Florida Apartment Association but bill drafting in Tallahassee came up with their own version that has some problems. You will note that in their drafting, they limited it to private process servers only in the 83.62 eviction setting. What about foreclosures? Please see my original wording below. I have no idea why they changed it so much. I would like to see the RPPTL section support this legislation once it is amended. It will alleviate some of the delays in getting the writ served and take some burden off the sheriff's departments who have had budget cuts. In Pinellas for example, the sheriff does not want to serve process at all. It is a money loser for them. Many of the sheriffs will argue that they handle these quickly but in the larger counties, there is a serious delay. You will also hear a "safety" argument but remember, this is "service", not "execution" If you have any concerns, please contact Chip Tatum who is the Government Affairs Director for the Florida Apartment Association. We are the ones pushing for this and he is your main contact. Chip's email is chip@fl-apartments.org and chip@aago.org Chip's cell is 321-277-8401 and office is 407-647-8839. Harry Heist ---BEGIN DRAFT LEGISLATION--- 48.27 Certified process servers. (1) The chief judge of each judicial circuit may establish an approved list of natural persons designated as certified process servers. The chief judge may periodically add to such list the names of those natural persons who have met the requirements for certification provided for in s. 48.29. Each person whose name has been added to the approved list is subject to annual recertification and reappointment by the chief judge of a judicial circuit. The chief judge shall prescribe appropriate forms for application for inclusion on the list of certified process servers. A reasonable fee for the processing of any such application must be charged. (2)(a) The addition of a person's name to the list authorizes him or her to serve initial nonenforceable civil process on a person found within the circuit where the process server is certified or a writ of possession in an action for possession of real property when a civil action has been filed against such person in the circuit court or in a county court in the state. Upon filing an action in circuit or county court, a person may select from the list for the circuit where the process is to be served one or more certified process servers to serve initial nonenforceable civil process. (b) The addition of a person's name to the list authorizes him or her to serve criminal witness subpoenas and criminal summonses on a person found within the circuit where the process server is certified. The state in any proceeding or investigation by a grand jury or any party in a criminal action, prosecution, or proceeding may select from the list for the circuit where the process is to be served one or more certified process servers to serve the subpoena or summons. (3) Nothing herein shall be interpreted to exclude a sheriff or deputy or other person appointed by the sheriff pursuant to s. 48.021 from serving process or to exclude a person from appointment by individual motion and order to serve process in any civil action in accordance with Rule 1.070(b) of the Florida Rules of Civil Procedure. 83.62 Restoration of possession to landlord.-- (1) In an action for possession, after entry of judgment in favor of the landlord, the clerk shall issue a writ to the sheriff or person authorized under Florida law to serve process describing the premises and commanding the sheriff to put the landlord in possession after 24 hours' notice conspicuously posted on the premises. (2) At the time the sheriff executes the writ of possession or at any time thereafter, the landlord or the landlord's agent may remove any personal property found on the premises to or near the property line. Subsequent to executing the writ of possession, the landlord may request the sheriff to stand by to keep the peace while the landlord changes the locks and removes the personal property from the premises. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourly rate set by the sheriff. Neither the sheriff nor the landlord or the landlord's agent shall be liable to the tenant or any other party for the loss, destruction, or damage to the property after it has been removed. ---END DRAFT LEGISLATION--- LAW OFFICES OF HEIST, WEISSE & DAVIS, P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. <http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=101615773 3> Description: Description: facebook From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Wednesday, January 26, 2011 9:24 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 the 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 <mailto:NShoter@shutts.com> E-Mail | <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography | <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card | <http://www.shutts.com/> Website 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.
Attached image
H
harry (at) evict.com
Wed, Jan 26, 2011 3:55 PM

Hi Phyllis,

We thought about this as well.

Right now, the Deputy serves the Writ and then brings it back to the
Sheriff's Office, Civil Process.  They then docket it in their computers and
give it to the Deputy who will execute.

Current practice is for the Deputy to call the landlord or agent whose phone
number is on the Writ, and arrange for the execution. This would all stay
the same with Sheriff served Writs.  All has been paid for up front to the
Sheriff.

With the new law, on Process Server served Writs, the landlord, IF they need
execution will  pay the money to the Sheriff and ask them to execute. In
other word, once the Sheriff receives the money, they execute.

In many cases execution is not necessary and the sheriff simply writes
"unexecuted per plaintiff or plaintiff's agent" and it is returned to the
Clerk.

Harry

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

<http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=101615773
3> Description: Description: facebook

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Phyllis Harley
Sent: Wednesday, January 26, 2011 10:32 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

I am addressing the issue of HB 0291

I see an issue with coordination of the day after posting when the sheriff
will be required to appear to return possession to the owner. This bill
would now add a 3rd party to coordinate with (the process server who posted
the Writ).  What reporting requirement will the process server have to
notify the sheriff that the Writ has been posted and the sheriff can appear
the next day (24 hours notice) to return possession to owner and possibly
remove any persons still remaining on property?

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, January 26, 2011 9:24 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
mailto:NShoter@shutts.com E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card |  http://www.shutts.com/
Website

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.

Hi Phyllis, We thought about this as well. Right now, the Deputy serves the Writ and then brings it back to the Sheriff's Office, Civil Process. They then docket it in their computers and give it to the Deputy who will execute. Current practice is for the Deputy to call the landlord or agent whose phone number is on the Writ, and arrange for the execution. This would all stay the same with Sheriff served Writs. All has been paid for up front to the Sheriff. With the new law, on Process Server served Writs, the landlord, IF they need execution will pay the money to the Sheriff and ask them to execute. In other word, once the Sheriff receives the money, they execute. In many cases execution is not necessary and the sheriff simply writes "unexecuted per plaintiff or plaintiff's agent" and it is returned to the Clerk. Harry LAW OFFICES OF HEIST, WEISSE & DAVIS, P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. <http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=101615773 3> Description: Description: facebook From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Phyllis Harley Sent: Wednesday, January 26, 2011 10:32 AM To: 'RPPTL Landlord Tenant Committee' Cc: 'Law Offices of Scott A. Frank' Subject: Re: [RPPTL LandTen] Legislative Changes I am addressing the issue of HB 0291 I see an issue with coordination of the day after posting when the sheriff will be required to appear to return possession to the owner. This bill would now add a 3rd party to coordinate with (the process server who posted the Writ). What reporting requirement will the process server have to notify the sheriff that the Writ has been posted and the sheriff can appear the next day (24 hours notice) to return possession to owner and possibly remove any persons still remaining on property? From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Wednesday, January 26, 2011 9:24 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 <mailto:NShoter@shutts.com> E-Mail | <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography | <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card | <http://www.shutts.com/> Website 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.
Attached image
PH
Phyllis Harley
Wed, Jan 26, 2011 4:12 PM

Harry:

I see and agree with all you stated in your email below.  I think what you
are stating with few Writs that the sheriffs' actually have to remove
someone after 24 hrs posting is correct (at least in my experience it rarely
happens).  However, back to your email just prior, the language of the
proposed bill does not really cover the issue..in practice under the
proposed bill as it stands currently, I anticipate lingering Writs of
Possessions that have been posted by a process server, but not yet acted
upon by a sheriff.

I do grant that these will be few cases, but would it be feasible to propose
a change to the language to address this (or is this just splitting hairs)?

Phyllis Harley, Esquire

Harley Law Offices, P.A.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Wednesday, January 26, 2011 10:56 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

Hi Phyllis,

We thought about this as well.

Right now, the Deputy serves the Writ and then brings it back to the
Sheriff's Office, Civil Process.  They then docket it in their computers and
give it to the Deputy who will execute.

Current practice is for the Deputy to call the landlord or agent whose phone
number is on the Writ, and arrange for the execution. This would all stay
the same with Sheriff served Writs.  All has been paid for up front to the
Sheriff.

With the new law, on Process Server served Writs, the landlord, IF they need
execution will  pay the money to the Sheriff and ask them to execute. In
other word, once the Sheriff receives the money, they execute.

In many cases execution is not necessary and the sheriff simply writes
"unexecuted per plaintiff or plaintiff's agent" and it is returned to the
Clerk.

Harry

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

<http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=101615773
3> Description: Description: facebook

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Phyllis Harley
Sent: Wednesday, January 26, 2011 10:32 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

I am addressing the issue of HB 0291

I see an issue with coordination of the day after posting when the sheriff
will be required to appear to return possession to the owner. This bill
would now add a 3rd party to coordinate with (the process server who posted
the Writ).  What reporting requirement will the process server have to
notify the sheriff that the Writ has been posted and the sheriff can appear
the next day (24 hours notice) to return possession to owner and possibly
remove any persons still remaining on property?

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, January 26, 2011 9:24 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
mailto:NShoter@shutts.com E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card |  http://www.shutts.com/
Website

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.

Harry: I see and agree with all you stated in your email below. I think what you are stating with few Writs that the sheriffs' actually have to remove someone after 24 hrs posting is correct (at least in my experience it rarely happens). However, back to your email just prior, the language of the proposed bill does not really cover the issue..in practice under the proposed bill as it stands currently, I anticipate lingering Writs of Possessions that have been posted by a process server, but not yet acted upon by a sheriff. I do grant that these will be few cases, but would it be feasible to propose a change to the language to address this (or is this just splitting hairs)? Phyllis Harley, Esquire Harley Law Offices, P.A. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com Sent: Wednesday, January 26, 2011 10:56 AM To: 'RPPTL Landlord Tenant Committee' Cc: 'Law Offices of Scott A. Frank' Subject: Re: [RPPTL LandTen] Legislative Changes Hi Phyllis, We thought about this as well. Right now, the Deputy serves the Writ and then brings it back to the Sheriff's Office, Civil Process. They then docket it in their computers and give it to the Deputy who will execute. Current practice is for the Deputy to call the landlord or agent whose phone number is on the Writ, and arrange for the execution. This would all stay the same with Sheriff served Writs. All has been paid for up front to the Sheriff. With the new law, on Process Server served Writs, the landlord, IF they need execution will pay the money to the Sheriff and ask them to execute. In other word, once the Sheriff receives the money, they execute. In many cases execution is not necessary and the sheriff simply writes "unexecuted per plaintiff or plaintiff's agent" and it is returned to the Clerk. Harry LAW OFFICES OF HEIST, WEISSE & DAVIS, P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. <http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=101615773 3> Description: Description: facebook From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Phyllis Harley Sent: Wednesday, January 26, 2011 10:32 AM To: 'RPPTL Landlord Tenant Committee' Cc: 'Law Offices of Scott A. Frank' Subject: Re: [RPPTL LandTen] Legislative Changes I am addressing the issue of HB 0291 I see an issue with coordination of the day after posting when the sheriff will be required to appear to return possession to the owner. This bill would now add a 3rd party to coordinate with (the process server who posted the Writ). What reporting requirement will the process server have to notify the sheriff that the Writ has been posted and the sheriff can appear the next day (24 hours notice) to return possession to owner and possibly remove any persons still remaining on property? From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Wednesday, January 26, 2011 9:24 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 <mailto:NShoter@shutts.com> E-Mail | <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography | <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card | <http://www.shutts.com/> Website 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.
Attached image
H
harry (at) evict.com
Wed, Jan 26, 2011 4:20 PM

I agree with you. Come up with some simple wording.  We are early in the
process.

Ron Book is our lobbyist for the Florida Apartment Association.

Remember we are working in an atmosphere of general opposition already so we
want to make it as easy as possible for the Sheriff.

Harry

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

<http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=101615773
3> Description: Description: facebook

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Phyllis Harley
Sent: Wednesday, January 26, 2011 11:13 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

Harry:

I see and agree with all you stated in your email below.  I think what you
are stating with few Writs that the sheriffs' actually have to remove
someone after 24 hrs posting is correct (at least in my experience it rarely
happens).  However, back to your email just prior, the language of the
proposed bill does not really cover the issue..in practice under the
proposed bill as it stands currently, I anticipate lingering Writs of
Possessions that have been posted by a process server, but not yet acted
upon by a sheriff.

I do grant that these will be few cases, but would it be feasible to propose
a change to the language to address this (or is this just splitting hairs)?

Phyllis Harley, Esquire

Harley Law Offices, P.A.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Wednesday, January 26, 2011 10:56 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

Hi Phyllis,

We thought about this as well.

Right now, the Deputy serves the Writ and then brings it back to the
Sheriff's Office, Civil Process.  They then docket it in their computers and
give it to the Deputy who will execute.

Current practice is for the Deputy to call the landlord or agent whose phone
number is on the Writ, and arrange for the execution. This would all stay
the same with Sheriff served Writs.  All has been paid for up front to the
Sheriff.

With the new law, on Process Server served Writs, the landlord, IF they need
execution will  pay the money to the Sheriff and ask them to execute. In
other word, once the Sheriff receives the money, they execute.

In many cases execution is not necessary and the sheriff simply writes
"unexecuted per plaintiff or plaintiff's agent" and it is returned to the
Clerk.

Harry

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

<http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=101615773
3> Description: Description: facebook

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Phyllis Harley
Sent: Wednesday, January 26, 2011 10:32 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

I am addressing the issue of HB 0291

I see an issue with coordination of the day after posting when the sheriff
will be required to appear to return possession to the owner. This bill
would now add a 3rd party to coordinate with (the process server who posted
the Writ).  What reporting requirement will the process server have to
notify the sheriff that the Writ has been posted and the sheriff can appear
the next day (24 hours notice) to return possession to owner and possibly
remove any persons still remaining on property?

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, January 26, 2011 9:24 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
mailto:NShoter@shutts.com E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card |  http://www.shutts.com/
Website

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

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

I agree with you. Come up with some simple wording. We are early in the process. Ron Book is our lobbyist for the Florida Apartment Association. Remember we are working in an atmosphere of general opposition already so we want to make it as easy as possible for the Sheriff. Harry LAW OFFICES OF HEIST, WEISSE & DAVIS, P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. <http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=101615773 3> Description: Description: facebook From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Phyllis Harley Sent: Wednesday, January 26, 2011 11:13 AM To: 'RPPTL Landlord Tenant Committee' Cc: 'Law Offices of Scott A. Frank' Subject: Re: [RPPTL LandTen] Legislative Changes Harry: I see and agree with all you stated in your email below. I think what you are stating with few Writs that the sheriffs' actually have to remove someone after 24 hrs posting is correct (at least in my experience it rarely happens). However, back to your email just prior, the language of the proposed bill does not really cover the issue..in practice under the proposed bill as it stands currently, I anticipate lingering Writs of Possessions that have been posted by a process server, but not yet acted upon by a sheriff. I do grant that these will be few cases, but would it be feasible to propose a change to the language to address this (or is this just splitting hairs)? Phyllis Harley, Esquire Harley Law Offices, P.A. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com Sent: Wednesday, January 26, 2011 10:56 AM To: 'RPPTL Landlord Tenant Committee' Cc: 'Law Offices of Scott A. Frank' Subject: Re: [RPPTL LandTen] Legislative Changes Hi Phyllis, We thought about this as well. Right now, the Deputy serves the Writ and then brings it back to the Sheriff's Office, Civil Process. They then docket it in their computers and give it to the Deputy who will execute. Current practice is for the Deputy to call the landlord or agent whose phone number is on the Writ, and arrange for the execution. This would all stay the same with Sheriff served Writs. All has been paid for up front to the Sheriff. With the new law, on Process Server served Writs, the landlord, IF they need execution will pay the money to the Sheriff and ask them to execute. In other word, once the Sheriff receives the money, they execute. In many cases execution is not necessary and the sheriff simply writes "unexecuted per plaintiff or plaintiff's agent" and it is returned to the Clerk. Harry LAW OFFICES OF HEIST, WEISSE & DAVIS, P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. <http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=101615773 3> Description: Description: facebook From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Phyllis Harley Sent: Wednesday, January 26, 2011 10:32 AM To: 'RPPTL Landlord Tenant Committee' Cc: 'Law Offices of Scott A. Frank' Subject: Re: [RPPTL LandTen] Legislative Changes I am addressing the issue of HB 0291 I see an issue with coordination of the day after posting when the sheriff will be required to appear to return possession to the owner. This bill would now add a 3rd party to coordinate with (the process server who posted the Writ). What reporting requirement will the process server have to notify the sheriff that the Writ has been posted and the sheriff can appear the next day (24 hours notice) to return possession to owner and possibly remove any persons still remaining on property? From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Wednesday, January 26, 2011 9:24 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 <mailto:NShoter@shutts.com> E-Mail | <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography | <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card | <http://www.shutts.com/> Website 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.
Attached image
NB
Neil B. Shoter
Wed, Jan 26, 2011 4:33 PM

Thanks Harry and Phyllis.  We will see what other comments we get by Friday from the Committee to forward to the Section, remembering that we will take comments from all sides of our Committee that express comments.

Neil

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

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

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Wednesday, January 26, 2011 11:21 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

I agree with you. Come up with some simple wording.  We are early in the process.

Ron Book is our lobbyist for the Florida Apartment Association.

Remember we are working in an atmosphere of general opposition already so we want to make it as easy as possible for the Sheriff.

Harry

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
[cid:957313116@26012011-1BE8]http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=1016157733

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Phyllis Harley
Sent: Wednesday, January 26, 2011 11:13 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

Harry:

I see and agree with all you stated in your email below.  I think what you are stating with few Writs that the sheriffs' actually have to remove someone after 24 hrs posting is correct (at least in my experience it rarely happens).  However, back to your email just prior, the language of the proposed bill does not really cover the issue......in practice under the proposed bill as it stands currently, I anticipate lingering Writs of Possessions that have been posted by a process server, but not yet acted upon by a sheriff.

I do grant that these will be few cases, but would it be feasible to propose a change to the language to address this (or is this just splitting hairs)?

Phyllis Harley, Esquire
Harley Law Offices, P.A.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Wednesday, January 26, 2011 10:56 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

Hi Phyllis,

We thought about this as well.

Right now, the Deputy serves the Writ and then brings it back to the Sheriff's Office, Civil Process.  They then docket it in their computers and give it to the Deputy who will execute.

Current practice is for the Deputy to call the landlord or agent whose phone number is on the Writ, and arrange for the execution. This would all stay the same with Sheriff served Writs.  All has been paid for up front to the Sheriff.

With the new law, on Process Server served Writs, the landlord, IF they need execution will  pay the money to the Sheriff and ask them to execute. In other word, once the Sheriff receives the money, they execute.

In many cases execution is not necessary and the sheriff simply writes "unexecuted per plaintiff or plaintiff's agent" and it is returned to the Clerk.

Harry

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
[cid:957313116@26012011-1BE8]http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=1016157733

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Phyllis Harley
Sent: Wednesday, January 26, 2011 10:32 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

I am addressing the issue of HB 0291

I see an issue with coordination of the day after posting when the sheriff will be required to appear to return possession to the owner. This bill would now add a 3rd party to coordinate with (the process server who posted the Writ).  What reporting requirement will the process server have to notify the sheriff that the Writ has been posted and the sheriff can appear the next day (24 hours notice) to return possession to owner and possibly remove any persons still remaining on property?

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, January 26, 2011 9:24 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.

Thanks Harry and Phyllis. We will see what other comments we get by Friday from the Committee to forward to the Section, remembering that we will take comments from all sides of our Committee that express comments. Neil [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website<http://www.shutts.com/> ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com Sent: Wednesday, January 26, 2011 11:21 AM To: 'RPPTL Landlord Tenant Committee' Cc: 'Law Offices of Scott A. Frank' Subject: Re: [RPPTL LandTen] Legislative Changes I agree with you. Come up with some simple wording. We are early in the process. Ron Book is our lobbyist for the Florida Apartment Association. Remember we are working in an atmosphere of general opposition already so we want to make it as easy as possible for the Sheriff. Harry LAW OFFICES OF HEIST, WEISSE & DAVIS, P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. [cid:957313116@26012011-1BE8]<http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=1016157733> From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Phyllis Harley Sent: Wednesday, January 26, 2011 11:13 AM To: 'RPPTL Landlord Tenant Committee' Cc: 'Law Offices of Scott A. Frank' Subject: Re: [RPPTL LandTen] Legislative Changes Harry: I see and agree with all you stated in your email below. I think what you are stating with few Writs that the sheriffs' actually have to remove someone after 24 hrs posting is correct (at least in my experience it rarely happens). However, back to your email just prior, the language of the proposed bill does not really cover the issue......in practice under the proposed bill as it stands currently, I anticipate lingering Writs of Possessions that have been posted by a process server, but not yet acted upon by a sheriff. I do grant that these will be few cases, but would it be feasible to propose a change to the language to address this (or is this just splitting hairs)? Phyllis Harley, Esquire Harley Law Offices, P.A. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com Sent: Wednesday, January 26, 2011 10:56 AM To: 'RPPTL Landlord Tenant Committee' Cc: 'Law Offices of Scott A. Frank' Subject: Re: [RPPTL LandTen] Legislative Changes Hi Phyllis, We thought about this as well. Right now, the Deputy serves the Writ and then brings it back to the Sheriff's Office, Civil Process. They then docket it in their computers and give it to the Deputy who will execute. Current practice is for the Deputy to call the landlord or agent whose phone number is on the Writ, and arrange for the execution. This would all stay the same with Sheriff served Writs. All has been paid for up front to the Sheriff. With the new law, on Process Server served Writs, the landlord, IF they need execution will pay the money to the Sheriff and ask them to execute. In other word, once the Sheriff receives the money, they execute. In many cases execution is not necessary and the sheriff simply writes "unexecuted per plaintiff or plaintiff's agent" and it is returned to the Clerk. Harry LAW OFFICES OF HEIST, WEISSE & DAVIS, P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. [cid:957313116@26012011-1BE8]<http://www.facebook.com/posted.php?id=1016157733#!/profile.php?id=1016157733> From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Phyllis Harley Sent: Wednesday, January 26, 2011 10:32 AM To: 'RPPTL Landlord Tenant Committee' Cc: 'Law Offices of Scott A. Frank' Subject: Re: [RPPTL LandTen] Legislative Changes I am addressing the issue of HB 0291 I see an issue with coordination of the day after posting when the sheriff will be required to appear to return possession to the owner. This bill would now add a 3rd party to coordinate with (the process server who posted the Writ). What reporting requirement will the process server have to notify the sheriff that the Writ has been posted and the sheriff can appear the next day (24 hours notice) to return possession to owner and possibly remove any persons still remaining on property? From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Wednesday, January 26, 2011 9:24 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-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website<http://www.shutts.com/> 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.
Attached image
GS
Gale Silbermann
Thu, Jan 27, 2011 2:50 PM

Dear Committee:

As you may be aware, Gale Silbermann passed away on December 12th.  Would
you all kindly remove her from your e-mail list.  Thank you for your
cooperation.

Denise O'Shea

Baxter, Strohauer, Mannion & Silbermann, PA

1150 Cleveland Street, Suite 300

Clearwater, FL 33755

(727) 461-6100

(727) 447-6899 Fax

IRS CIRCULAR 230 NOTICE:  To ensure compliance with requirements imposed by
the IRS, we inform you that any tax advice contained in this communication
is not intended or written to be used, and cannot be used, for the purpose
of (i) avoiding penalties imposed under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or
matter addressed in this communication or in any attachment.

The information contained in this message is privileged and confidential.
It is intended only for the use of the addressee named above.  If the reader
of this message is not the intended recipient, you are notified that any
dissemination, distribution, or copying of this message is strictly
prohibited.  If you have received this message in error, please notify the
sender by reply email and destroy and delete this message.  Thank you for
your cooperation.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, January 26, 2011 9:24 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
mailto:NShoter@shutts.com E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card |  http://www.shutts.com/
Website

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.

Dear Committee: As you may be aware, Gale Silbermann passed away on December 12th. Would you all kindly remove her from your e-mail list. Thank you for your cooperation. Denise O'Shea Baxter, Strohauer, Mannion & Silbermann, PA 1150 Cleveland Street, Suite 300 Clearwater, FL 33755 (727) 461-6100 (727) 447-6899 Fax IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication or in any attachment. The information contained in this message is privileged and confidential. It is intended only for the use of the addressee named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution, or copying of this message is strictly prohibited. If you have received this message in error, please notify the sender by reply email and destroy and delete this message. Thank you for your cooperation. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Wednesday, January 26, 2011 9:24 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 <mailto:NShoter@shutts.com> E-Mail | <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography | <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card | <http://www.shutts.com/> Website 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.
RG
Rick G. Emmanuel
Thu, Jan 27, 2011 4:12 PM

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.

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<mailto: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-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website<http://www.shutts.com/> 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.
NB
Neil B. Shoter
Thu, Jan 27, 2011 4:30 PM

thanks Rick, we will pass on comments received

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

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

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Rick G. Emmanuel
Sent: Thursday, January 27, 2011 11:13 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.

thanks Rick, we will pass on comments received [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website<http://www.shutts.com/> ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Rick G. Emmanuel Sent: Thursday, January 27, 2011 11:13 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<mailto: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-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website<http://www.shutts.com/> 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.
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