Author: Elf
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How to Start an LLC in Florida
– Choose a name for the LLC that complies with Florida naming laws, including the requirement to end the name with LLC or L.L.C. – Ensure the chosen name is not already in use and is compliant with naming laws by consulting with a professional attorney. – Decide whether to hire a company to serve…
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Florida Condo Associations: Responsibilities for Window Repairs and Common Area Maintenance
1. The association’s declarations describe the boundaries of each unit and determine who is responsible for repairing property within the unit. 2. Sometimes the declarations do not clearly define the boundaries, leading to debates over who is obligated to repair certain elements like windows, doors, sliders, and skylights. 3. The association’s obligation to repair windows…
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Safeguarding Your Ideas in Orlando: Advice from a Local Law Firm
– Daniel Law Offices, P.A. provides expert legal services in intellectual property law in Orlando. – They specialize in patents, trademarks, copyrights, and trade secrets to protect the rights of creators and innovators. – The firm guides clients through the patent application process to secure exclusive rights to their innovations. – Their team assists in…
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Contractor’s Termination Appeal Dismissed for Being Too Late – Kirwin Norris
– The contractor was default terminated in March 2017 and filed an appeal in November 2019. – The termination notice was found to be adequate as it informed the contractor of the termination and the right to appeal. – The contractor’s belief that the CO would reconsider the termination was not plausible, as demobilization was…
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Florida Courts Allow High-Ranking Corporate Officials to Plead Ignorance
1. The average temperature has increased by 1.8 degrees Fahrenheit over the past century. 2. Carbon dioxide levels have reached their highest point in the past 800,000 years. 3. Sea levels have risen by 8 inches in the last century. 4. The rate of species extinction is currently 1,000 times higher than before human intervention.…
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Understanding Short Sales and Their Impact on Property Titles
1. Short sales happen when a seller owes more on their mortgage than they can sell the house for, usually due to financial hardship. 2. Lenders must agree to a short sale, and any lienholders on the property must also approve it. 3. Short sales can damage a seller’s credit and may result in them…
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General Contractors Can Pursue Triple Damages Against Unlicensed Subcontractors in Florida
– Unlicensed contracting is a crime in Florida. – Florida Statutes provide special civil remedies for those harmed by unlicensed contracting, such as treble damages and attorney’s fees. – General contractors can also obtain these civil remedies if they are harmed by their unlicensed subcontractors. – In the case of Home Construction Management, LLC v.…
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“Important Tips for Hiring Freelancers and Making Sure They’re Treated Right”
1. Businesses should be careful when classifying workers as independent contractors for federal tax purposes to avoid potential reclassification by the IRS. 2. If a worker is classified as an employee, the business is responsible for withholding federal income and payroll taxes, as well as paying the employer’s share of FICA and FUTA taxes, and…
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Changes to Florida’s Waterfront Property Laws
– The majority of submerged land in Florida belongs to the State and is managed by the State’s Internal Improvement Trust Fund. – The State’s Department of Environmental Protection administers the submerged land through rules and regulations set forth in Chapter 18-21, F.A.C. – Some submerged lands in Florida were conveyed to other entities or…
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Do Banks Have to Protect Your Money in Florida?
– In Florida, in order to state a cause of action for breach of fiduciary duty, there must be a fiduciary duty, a breach thereof, and resulting damages. – Fiduciary relationships may be implied in law and are based on the specific factual situation and the relationship between the parties involved. – In a banking…
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Smart Tax Tips for Small Business Owners
1. Accelerating cash collections can help small business owners increase profits on their current year’s tax return, while deferring collections can keep taxable profits lower and delay tax payment to the following year. 2. Small business owners can also accelerate or defer deductible expenses to offset income and reduce taxable income in a more profitable…
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Understanding Conflicts of Interest in Florida Class Action Cases
1. In the case of Young v. Achenbauch, the Florida Supreme Court found that the balancing test used by the Third District Court of Appeals was inappropriate for addressing conflict of interest issues in class action lawsuits. 2. The court determined that the Florida Rules of Professional Conduct fully addressed the conflict of interest issue…
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2024 Changes to Inheritance and Gift Tax Exemptions Announced
– The IRS has announced that the estate and gift tax basic exclusion amount and the generation‑skipping transfer (“GST”) tax exemption will increase from $12,920,000 to $13,610,000 effective January 1, 2024. – The gift tax annual exclusion amount will increase from $17,000 to $18,000 per person in 2024, and the annual exclusion for gifts to…
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Upcoming Changes to Florida Construction Laws
1. Florida construction lien and bond law is constantly changing and should be reviewed regularly. 2. Recent amendments to Florida lien and bond law will take effect on October 1, 2023. 3. The amendments to Florida Statute 255.05(2)(a)2 will better protect bond claimants who were not provided with a copy of the bond. 4. The…
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“Florida’s Updated Phone Solicitation Law Upheld in Court”
1. The Florida Telephone Solicitation Act (FTSA) was amended in 2023 to provide more clarity and balance in protecting consumers and businesses. 2. The original FTSA led to a large number of consumer complaints and class action lawsuits due to its broad reach and lack of protections for businesses. 3. The 2023 amendments to the…
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Changes to Florida Homeowners Construction Recovery Fund: What High School Students Need to Know
– The Florida Homeowners Construction Recovery Fund (Recovery Fund) was created to help Florida homeowners who have been financially harmed by licensed contractors. – Homeowners seeking payment from the fund must be the owner of an owner-occupied residence, and the property must meet certain criteria. – The homeowner must have a final judgment, arbitration award,…
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Understanding Indemnification in Florida Construction Contracts
– Florida has specific requirements for indemnification provisions in construction contracts – The indemnification clause must have a monetary limitation that is reasonably related to the contract – The provision must be part of the project specifications – The indemnification provision cannot cover claims not caused by the party giving indemnity or protect against gross…
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Are Car Accident Settlements Taxable?
– Insurance settlements for auto injury cases do not increase your net worth, so they are not taxed by the IRS. – Compensation for physical injuries, vehicle repair, and emotional distress from a car accident is non-taxable. – Proceeds for emotional distress or mental anguish from a physical injury are treated the same as proceeds…
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Child Support in Florida: Can You Get Out of Making Payments?
– In Florida, child support is calculated based on the Income Shares Model, taking into account the income of both parents, the number of children, and certain other expenses. – A parent may seek to waive or modify child support payments if they can demonstrate a substantial change in circumstances, such as financial hardship or…
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“Updating Your Beneficiary Designations for a Strong Estate Plan”
1. Dolly Parton is known for being a highly philanthropic celebrity and has valuable lessons to teach about doing good. 2. After winning a money judgment in a lawsuit, individuals may wonder how to actually obtain the funds they are owed. 3. Non-citizens in the U.S. do not receive all the same tax benefits and…
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Florida Court Narrows Protection for Whistleblowers under Fraud Laws
1. The U.S. District Court for the Southern District of Florida ruled that in order to engage in protected conduct under the False Claims Act, a plaintiff must specifically suspect that their employer has made a false claim for payment to the federal government. 2. The court granted summary judgment in favor of the employer…
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The Hoiberg Group – Legal Services for You
– Income must be reported even if a Form 1099-K was not received. – A tax extension only extends the filing deadline, not the payment deadline. – The best way to check on a tax refund is through the IRS website. – The best way to check the status of a tax refund is through…
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“Dealing with Food Poisoning from a Restaurant”
– Food poisoning can result in organ failure, especially in young children or elderly adults. – Food poisoning can lead to long-term health issues for some individuals. – Food poisoning can have far-reaching health consequences for vulnerable groups of people. – Botulism can affect the nervous system, leading to paralysis or neurological damage. – Reactive…
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Florida Law Gives Spouse a Share of the Estate, Even if Disinherited
– In Florida, the surviving spouse has the right to claim a portion of the deceased spouse’s estate, regardless of what is written in the will. – This law, known as the elective share statute, was created in 1975 to ensure that the surviving spouse and children are not left without means after the death…