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Category: Blog article

  • The Steps for Handling a Complaint Against a Contractor in Florida: Part One

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    1. Contractors must follow Chapter 489, Florida Statutes for construction contracting. 2. The Department of Business and Professional Regulation regulates the industry and disciplines licensees for violations. 3. The Department receives complaints almost daily against certified contractors. 4. Homeowners typically file complaints using a uniform complaint form. 5. Complaints are analyzed and, if legally sufficient,…

  • New Law in Florida Lowers Upfront Payment for Government Construction Jobs

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    – House Bill 101, signed by Florida Governor Ron DeSantis, reduces the maximum retainage rate on government construction projects in Florida from 10% for the first half of a project and 5% for the remainder, to a flat 5% throughout the duration of the project. – The changes to the Local Government Prompt Payment Act…

  • Understanding Florida Building Code Violations and Claims

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    – The Florida Building Code is meant to protect the public’s health, safety, and welfare by setting minimum construction requirements. – Violations of the Code can lead to private legal action and fines for licensees, with potential suspension of permit privileges if fines are not paid. – A material violation of the Code is a…

  • Should You Appeal or Defend a Court Decision: A Guide from Smith Legacy Law

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    1. Dolly Parton is well-known for her philanthropy and has valuable lessons to teach about giving back to the community. 2. After winning a money judgment in court, individuals still need to take steps to actually receive the funds they are owed. 3. Non-citizens in the U.S. may not receive all the same tax benefits…

  • Conservation Easements: What High School Students Need to Know

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    1. Conservation easements are a mechanism to restrict development on a property and are permanent in nature. 2. Landowners may be eligible for federal income tax deductions by placing a conservation easement on their property. 3. Conservation easements prohibit activities that undermine the conservation attributes of the protected land. 4. Rights reserved by grantors typically…

  • Supreme Court Narrows Scope of Lanham Act Outside US

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    1. The Supreme Court ruled that the Lanham Act does not allow for recovery of damages for non-domestic sales, limiting its extraterritorial reach. 2. The decision came from a trademark dispute between a U.S. company and six foreign parties. 3. The ruling will make it more difficult for U.S. businesses to block infringing activity, especially…

  • Paying Off Your Mortgage: What You Need to Know

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    – When a borrower pays off a mortgage or deed of trust, the lender must record a notice that it no longer holds a security interest in the property. – The laws governing these notifications vary from state to state and must be consulted individually for details. – The notice must be in written form…

  • “Tips for Keeping Your Small Business Safe Online”

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    – Customers prefer fast and efficient service – Employees are more productive in well-lit and ventilated workspaces – Flexible work hours result in higher job satisfaction – Florida ranks third highest for complaints received by the FBI and fourth in terms of money lost due to cybercrime. – Compromised business and personal email resulted in…

  • “Florida’s New Rules for LLCs: Filing Statements of Authority Explained”

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    – The Revised Limited Liability Company Act in Florida, which takes effect in 2014 and 2015, brings some significant changes to how LLCs operate. – LLCs can now file a statement of authority with the Florida Secretary of State to inform the public about who has the authority to bind the company in contractual relationships.…

  • Understanding the Florida Building Code: Expert Testimony Explained

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    – The Florida Building Code is a set of documents that apply to the design, construction, erection, alteration, modification, repair, or demolition of public or private buildings, structures, or facilities. – The Florida Building Code is adopted into the Florida Administrative Code and is authorized by the Florida Building Codes Act. – Expert testimony regarding…

  • Getting a Mortgage in Florida: What You Need to Know

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    – The Florida definition of a mortgage includes any written instrument securing the payment of money, and the word “debt” includes promissory notes, bonds, and other written obligations for the payment of money. – A valid mortgage in Florida should identify the encumbered real property, reference the debt, be executed, delivered, accepted, and acknowledged by…

  • Florida Lawmakers Propose Ban on Doctor Contracts that Limit Job Options

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    – Florida Legislature is considering two bills that may significantly reduce or eliminate the enforceability of noncompete agreements against physicians in the state. – Currently, noncompete agreements are enforceable in Florida under certain conditions, but the proposed bills could change this. – If the bills are enacted, all physician noncompete agreements, existing and future, may…

  • Common Problems for Renters: Wilkes & Mee

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    1. Be cautious when screening potential tenants and conduct thorough background checks to ensure they are reliable. 2. Ensure all lease agreements are legally sound and clearly outline the responsibilities of both the landlord and tenant. 3. Regularly inspect the property to identify any maintenance or safety issues that need to be addressed. 4. Promptly…

  • Florida Medicaid Providers Required to Pay a Minimum Wage of $15 by October 2022

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    – The Florida governor signed the Freedom First budget on June 2, 2022, providing over $600 million in funding to increase the minimum wage for employees of Medicaid providers to at least $15 an hour. – Medicaid providers reimbursed under fee-for-service schedules are required to pay covered employees at least $15 per hour. – Nursing…

  • What to do if there is a breach of contract?

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    – Double check your facts. Re-read carefully your contract. Mark items that have been breached. – Contact the offending party. Try to resolve the dispute directly with them. – If it does not work, seek legal counsel.

  • Florida Court Upholds Rules for Workers’ Compensation Immunity

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    – The court reaffirmed the tests for exception to workers’ compensation immunity in Florida. – Plaintiffs must prove intentional or grossly negligent conduct to defeat workers’ compensation immunity. – The employer was entitled to workers’ compensation immunity, but the co-employee was not based on the allegations in the Complaint. – The co-employee was alleged to…

  • “Why an LLC Could Be the Perfect Business Structure for You”

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    – An LLC provides owners with limited personal liability for business debts, similar to a corporation, and protection from the entity’s creditors. – LLC owners can elect to have the entity treated as a partnership for federal tax purposes, allowing earnings to flow through to the owners and be taxed only once on their individual…

  • “Making Money from Selling Your Home? Here’s What You Need to Know About Taxes”

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    – The median home price has increased in recent years, with the highest prices in the West and Northeast regions. – Homeowners should be aware of the tax implications when selling their homes, including potential capital gains tax and net investment income tax. – Homeowners can exclude up to $250,000 (or $500,000 for joint filers)…

  • Pros and Cons of Taking a Business Dispute to Court in Connecticut

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    1. Dolly Parton is known for her philanthropy and has valuable lessons to teach about doing good. 2. After winning a money judgment in litigation, individuals may wonder what to do next in order to receive the funds. 3. Non-citizens in the US do not receive all the tax benefits that citizens do, especially when…

  • “Medicaid Eligibility: Income Limits in Florida”

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    – Medicaid in Florida provides extensive health coverage to low-income individuals, including seniors, persons with disabilities, children, and pregnant women. – The income limits for Medicaid, especially for long-term care, vary based on an individual’s or family’s circumstances and are subject to change annually. – For individuals interested in long-term care services, the income cap…

  • “Start Saving for College Now with a 529 Plan”

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    – 529 plans allow for prepayment of higher education costs on a tax-favored basis. – There are two types of 529 plans: prepaid plans and savings plans. – Contributions to 529 plans do not receive a federal income tax deduction, but earnings on the account are not taxed while the funds are in the program.…

  • “Florida Conservation: Controlled Burns to Protect Land”

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    – Prescribed burning is important for the management of plant and animal communities. – It reduces the risk and severity of wildfires, protecting people and property. – Prescribed burning prepares forestland for reforestation and improves herbaceous vegetation on rangeland. – Florida law defines prescribed burning and requires a written plan and certification for those conducting…

  • Understanding Florida’s Tenancy by the Entireties Law

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    – Florida’s housing market has been one of the hottest in the country in recent years, with Tampa, Florida being named the hottest city for buying a home in 2022. – The demand for second homes in Florida has increased 87% from pre-pandemic levels, according to real estate brokerage firm Redfin. – Married couples purchasing…

  • Resolving Problems Between Tenants and Landlords in Florida

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    – Tenants in Florida have the right to sign a written rental agreement to ensure transparency and clear terms for both parties. – If the landlord breaches the lease agreement, the tenant may initiate legal action. – Landlords in Florida may not violate codes and statutes, such as discriminatorily increasing rent or decreasing services to…