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Category: Blog article

  • New Ruling Shakes Up Separation Agreements

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    – The National Labor Relations Board ruled that broad non-disparagement and confidentiality provisions in separation agreements with employees are unlawful under the National Labor Relations Act. – The provisions in the separation agreement preventing employees from disclosing the terms of the agreement or making statements that could harm the employer’s image violate employees’ NLRA rights.…

  • “Keeping Your Business and Real Estate Separate: A Guide for High School Students”

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    – Businesses that are formed as C corporations treat real estate assets as they do equipment and inventory, with expenses related to owning the assets appearing as ordinary expenses on their income statements and generally being tax deductible. – Transferring ownership of real estate to a pass-through entity can avoid double taxation, as profits upon…

  • “Help for Florida Condo Repairs After Hurricanes”

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    1. Florida’s building code is shaped by hurricanes and requires certain high wind zones near the coastline to have different structural requirements. 2. Condominium associations in Florida are required to act quickly to complete emergency repairs after a storm. 3. Chapter 718 of the Florida Condominium Act provides for emergency powers for condominium associations, and…

  • Understanding Florida Construction Liens: Is the Lien Valid?

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    1. Florida construction lien law allows parties who perform construction work to record liens if they are not paid. 2. A lien can be deemed fraudulent if the lienor willfully exaggerates the claimed amount or includes work not performed or materials not furnished. 3. Proving a lien is fraudulent requires showing willful exaggeration, willful inclusion…

  • Who is Responsible for Overdue Fees After a Homeowners Association Foreclose on a Property in Florida?

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    1. The Third District Court of Appeals in Florida has ruled that associations can now be jointly and severally liable for past-due assessments in certain situations. 2. The case of Aventura Management, LLC v. Spiaggia involved Spiaggia Condominium Association initiating a lien foreclosure against a unit owner for unpaid assessments. 3. Spiaggia later relinquished its…

  • The Disciplinary Process for Certified Contractors in Florida: Part Two

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    1. The Panel reviews case files once a month and decides on recommended Closing Orders, Administrative Complaints, or Dismissals. 2. The Panel must find probable cause before the Department can initiate disciplinary proceedings on a licensee. 3. After the Panel decides to file an Administrative Complaint, the licensee is served at their address of record.…

  • Maximize Your Tax Benefits with “Head of Household” Filing Status

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    – Taxpayers who qualify as head of household may receive more favorable tax filing status compared to single taxpayers. – To qualify, a taxpayer must maintain a household for more than half the year and have a “qualifying child” or relative whom they can claim as a dependent. – A “qualifying child” is defined as…

  • Understanding Real Estate Contracts in Florida

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    – Real estate contracts are essential for all property purchases, and working with a Florida real estate attorney is important to ensure that the contract is legally binding. – The contract addresses who pays the closing costs, including fees such as escrow, notary and recording, title, and taxes. – The closing date is a critical…

  • Taxes in Business Mergers and Acquisitions

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    1. Mergers and acquisitions can be structured as either a stock purchase or an asset purchase for tax purposes. 2. The current 21% corporate federal income tax rate makes buying the stock of a C corporation more attractive, as the corporation will pay less tax and generate more after-tax income. 3. Individual federal tax rates…

  • Determining Fault in a Dog Bite Incident in Florida

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    – Florida law regarding dog bite cases is based on strict liability, making the owner responsible for the dog’s actions, even if the dog has never bitten anyone else. – Other legal factors come into play when determining a dog owner’s liability, such as whether the bite victim provoked the animal and where the incident…

  • How to Become a Personal Representative in Florida

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    1. The personal representative of a probate estate in Florida must be at least 18 years old, have no felony convictions, and meet other eligibility requirements outlined in Section 733.303 of the Florida Probate Code. 2. To become a personal representative, one must file a petition for administration with the probate court, including their name,…

  • Understanding Florida’s Personal Injury Protection (PIP) Coverage: What You Need to Know and How to Stay Protected

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    – Personal Injury Protection (PIP) is mandatory in Florida and is a required coverage under every car insurance policy. – PIP provides coverage for medical expenses and lost wages regardless of who was at fault for causing the accident. – It is important to seek necessary medical attention after a motor vehicle accident, especially if…

  • “Easy Steps for Small Business Tax Prep”

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    1. Gather all necessary financial documents: This includes income statements, expense records, receipts, and any other financial documents related to your business. 2. Organize and review your financial records: Take the time to ensure that all your financial records are accurate and up-to-date. Organizing your records will make the tax preparation process much smoother. 3.…

  • What is a Florida Letter of Protection?

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    – A letter of protection (LOP) is an agreement between a patient and a medical provider, where the provider agrees to treat the patient without immediate payment, in anticipation of receiving payment from a lawsuit settlement or judgment. – LOPs are commonly used in Florida due to the 80% coverage of accident-related medical bills by…

  • “Insurance Requirements for Florida Contractors”

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    – Florida contractors are required to have public liability and property damage insurance in place in order to obtain or renew their construction license. – The Construction Industry Licensing Board conducts random sample audits of licensees to verify insurance coverage. – License holders must provide proof of insurance coverage in the form of an original…

  • Starting a Business in Florida: Sole Proprietorship – Business and Immigration Lawyers in Miami, FL

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    1. Sole proprietorship is the simplest business structure in Florida and gives the owner complete control. 2. A sole proprietorship is automatically formed when the business owner conducts activities under their legal name. 3. If the business owner operates under a different name, they must register a fictitious name with the State of Florida. 4.…

  • New Requirements for Condo Associations’ Financial Reporting in Florida

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    1. The Florida legislature changed the thresholds for a condominium association’s financial reporting requirements in 2013. 2. The threshold for required formal review of financial statements was raised to annual revenues of at least $300,000 but less than $500,000. 3. The threshold for required audited financial statements was raised to annual revenues of at least…

  • Understanding Community Development Districts in Florida

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    – CDDs are created to serve the specific needs of a community. – They have the power to plan, finance, construct, operate and maintain community-wide infrastructure and services for the benefit of residents. – CDDs are governed by a Board of Supervisors, initially elected by landowners and later by residents. – CDD Supervisors are subject…

  • Understanding Construction Defects and Property Laws in Florida

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    1. Homeowners associations and condominium associations in Florida have different requirements when it comes to examining and certifying construction defects. 2. Condominium associations are required to have a licensed engineer and/or contractor examine and certify construction defects. 3. These requirements are in place to handle disputes affecting condominium unit owners concerning matters of common interest.…

  • What to Do If You Get a Legal Order

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    – Dolly Parton is known for her philanthropy and has important lessons to teach about doing good. – After winning a money judgment in court, it is important to understand that it does not automatically provide you with funds. – Non-citizens in the U.S. do not receive all the tax benefits that citizens do, particularly…

  • “Importance of Guardianship Plans for Generation X in Florida”

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    – Having a guardianship plan in place provides peace of mind for both Gen Xers and their aging parents. – A guardianship plan can help avoid disputes among family members regarding who should be appointed as the guardian. – Creating a guardianship plan before an emergency occurs can save time and money in the long…

  • “Laws for Business Licenses in Your Area Until 2023”

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    1. The subcontractor did not have a required local license for specific aspects of the work performed, leading the general contractor to argue that the subcontractor was unlicensed. 2. The subcontract included a clause requiring compliance with all federal, state, and local laws, which included local licensing requirements. 3. The general contractor sought to recover…

  • “Getting Clients from Your Previous Job Could Get You in Trouble.”

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    1. The court ruled that an employee can be taken to trial for violating non-disclosure and loyalty provisions, even without a non-compete or non-solicit agreement. 2. It is unlawful for an employee to take actions that harm their employer for the benefit of a competing business, even while still employed. 3. In the healthcare industry,…

  • “Dividing Stocks in a Divorce: What You Need to Know”

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    – Stocks acquired during the marriage are considered marital assets and subject to equitable distribution. – Stocks acquired before marriage are viewed as separate assets and are not subject to division. – It is important to clearly categorize stocks into marital and separate assets to facilitate a fair distribution. – The current value of stocks…