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Author: Elf

  • New Florida Law Prohibits Policyholders From Transferring Insurance Benefits

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    1. Florida’s Senate Bill 2-A prohibits policyholders from assigning their insurance benefits to others for residential and commercial properties issued after January 1, 2023. 2. This means property owners with post-2023 policies can no longer transfer their benefits to a third party. 3. Homeowners with policies issued before 2023 are not affected by this change…

  • “Skills a General Contractor Can Use in Florida”

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    – Florida Construction Licensing is regulated by Chapter 489, Florida Statutes, which includes restrictions on the scope of work allowed for each license. – A Certified General Contractor in Florida is authorized to enter into contracts to build anything in the state, but may have restrictions on self-performing certain types of work. – Section 489.113,…

  • Don’t Stress About Personal Liability as a Qualifying Agent in Florida

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    1. The Florida Supreme Court ruled that a qualifying agent has a duty to supervise a contractor’s construction projects. 2. However, the failure to meet that duty does not give rise to a private cause of action against the agent. 3. The case of Murthy v. N. Sinha Corp. established that the qualifying agent is…

  • “Understanding Non-Compete and Non-Solicitation Agreements”

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    – Non-competition and non-solicitation agreements, also known as restrictive covenants, aim to protect employers from unfair competition by former employees. – Under Florida law, restrictive covenants are enforceable if they are in writing, signed by the employee, and reasonably necessary to protect the legitimate business interests of the employer. – Employers should be reasonable in…

  • Meet Hoiberg Group: Your Legal Advisors

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    – Taxpayers should report all income from gig economy activities, including part-time, temporary, or side work, even if it’s paid in cash, property, or goods and not reported on an information return form. – People working in service industries, such as restaurants and salons, should report all tips received, including cash tips and noncash tips…

  • “Is a Medicaid Asset Protection Trust Right for You?”

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    1. Dolly Parton is known for her philanthropy and has lessons to teach about giving back. 2. Winning a money judgment in court does not automatically provide funds, and there are steps to take to collect the money. 3. Non-citizens in the US do not have the same tax benefits as citizens, especially in estate…

  • “Florida Home Sales: What Sellers Must Tell Buyers”

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    1. Every state has different requirements for disclosure when selling residential property. 2. In Florida, it has always been a violation of the law to misrepresent material facts. 3. Prior to 1985, remaining silent and not disclosing material defects was not a violation of the law. 4. The 1985 Johnson v. Davis opinion created a…

  • Busting Through Company Protections in Florida: What You Need to Know

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    1. Lack of separateness between the corporation and its shareholder(s) 2. Improper conduct in the use of the corporation by the shareholder(s) 3. Improper conduct was the proximate cause of the alleged loss – The corporation was so controlled by its shareholder(s) that its independent existence was non-existent, making the shareholders alter egos of the…

  • Can a Condo Association Make Homeowners Pay for Legal Fees?

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    – Florida Statutes and governing documents of a condominium association allow for recovery of attorneys’ fees in many legal actions. – Section 718.116 of the Florida Statutes, also known as the Condominium Act, governs collections and provides for the recovery of attorneys’ fees. – The section includes limitations on the recovery of attorneys’ fees, but…

  • Florida’s New Consumer Privacy Law Makes Things Interesting

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    1. The Florida Digital Bill of Rights (FDBR) was passed by the state legislature on May 9, 2023. 2. The bill is expected to be signed into law by Governor Ron DeSantis and will take effect on December 31, 2023. 3. The FDBR is modeled after consumer privacy laws in Virginia but includes unique aspects…

  • Time Limit for Florida HOA/Condo Association to Foreclose on a Lien

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    1. Florida law allows community associations to collect assessments from unit owners to cover operating and maintenance costs. 2. If a unit owner fails to pay, the association can record the unpaid assessment as a lien against the property and file for foreclosure, following the guidelines in Florida Statute Chapter 718. 3. As of May…

  • Answering Your Car Accident Questions

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    1. In Florida, even if the car accident is your fault, you will still have insurance coverage through personal injury protection (PIP). However, the other driver can still sue you if their injuries are severe. 2. Information about your car accident in Florida becomes public record 60 days after the collision. Until then, only select…

  • Challenging a Will – Understanding Your Rights in Inheriting Property

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    – Dolly Parton is known for her philanthropy and has valuable lessons to teach about doing good. – Winning a money judgment in litigation doesn’t automatically provide funds, and there are steps to take to collect. – Non-citizens in the US don’t receive all the same tax benefits as citizens, especially when it comes to…

  • Unpaid Commissions and Bonuses: Florida Law FAQs

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    1. In Florida, workers are entitled to unpaid commissions and bonuses under contract law. 2. Common commission disputes include payment of commission tails post-termination, recategorizing new accounts as house accounts, and reducing commission percentage after sales were made. 3. Bonus disputes often concern entitlement to bonuses post-termination and withholding of bonuses under a “for cause”…

  • Florida’s Strong Non-Compete Statute Stands Test in Court

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    1. Section 542.336 of the Florida Statutes nullifies certain non-compete agreements for physicians in the same county as their former employers. 2. It is unclear whether the statute applies to existing contracts or only those entered into after its effective date. 3. The statute does not clearly define what medical practices would be considered a…

  • Understanding Florida’s Head of Household Exemption for Independent Contractors

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    1. The head-of-household exemption in Florida protects a portion of a head of household’s earnings from wage garnishment for six months if they provide more than half the financial support for their household’s dependents. 2. To qualify for the exemption, the head of household must earn compensation for personal services or labor, whether it be…

  • Is Your Website Accessible for Everyone?

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    1. Many businesses have been sued for ADA violations related to website accessibility for the blind or visually impaired. 2. The pandemic led to an increase in these lawsuits as lawyers looked for new cases. 3. Retail businesses are the primary target of these lawsuits, but other sectors, such as hotels and restaurants, are also…

  • “Understanding the Advantages of a Family Trust”

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    1. Dolly Parton is known for being one of the most philanthropic celebrities in the world, and there are lessons that can be learned from her passion to do good. 2. After winning a money judgment in a litigation case, individuals are entitled to the amount stated in the judgment, but it does not automatically…

  • Understanding LLC Distributions in Florida: What You Need to Know

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    – Members of LLCs are entitled to distributions as stated in the operating agreement. – If a member is entitled to receive a distribution, they have the status of a creditor and can use remedies available to a creditor under Florida law. – An LLC may not make a distribution to its members if it…

  • “Is Your Business Ready to be Sold?”

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    1. Contracts should be reviewed and updated to ensure they are conducive to a potential sale, including provisions for assignment, non-compete agreements, and customer contracts. 2. Financial records should be maintained in an organized and accurate manner, including P&L statements, balance sheets, tax returns, compliance with GAAP, detailed budgets, and knowledge of key financial metrics…

  • Understanding the Kiddie Tax and How It Affects Your Family

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    – Income shifting is a tax strategy that transfers assets into children’s names to save taxes by moving income into lower tax brackets. – The kiddie tax rules apply to children under 18 or college students under 24, with unearned income over $2,300, and tax savings from income shifting are limited. – If the kiddie…

  • “How Does a History of Domestic Violence Affect Family Law Cases?”

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    1. Florida law defines domestic violence as physical or sexual abuse by one family member or intimate partner against another. 2. Instances of verbal, psychological, financial, or emotional abuse are not considered “domestic violence” unless they rise to the level of threatened physical harm in Florida. 3. A judge in a family law case can…

  • Businesses Can Sue Under Florida’s Trade Practices Law

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    – Non-consumers can bring a cause of action under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). – The claimant must still prove an injury or detriment to consumers to establish liability. – Caribbean Cruise Lines sued the Better Business Bureau (“BBB”) after receiving an “F” rating and brought a FDUPTA claim. – The…

  • “Protecting Your Trade Secrets: What Can Be Kept Private and What’s Public”

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    – The case of loanDepot.com, LLC v. CrossCountry Mortg., LLC, No. 22 CIV. 5971 (LGS), 2023 WL 3884032 (S.D.N.Y. June 8, 2023) dealt with a business protecting its trade secret customer lists. – The court granted an injunction to restrain Defendant from using information that is publicly available but could replicate Plaintiff’s purportedly “secret” information.…