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Category: Blog article

  • Understanding Implied Warranties for Essential Services in Florida

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    – The Florida Supreme Court adopted the “essential services” test in determining whether the implied warranty of fitness and merchantability applies to improvements such as infrastructure, drainage systems, retention ponds, and underground pipes. – The test for determining a breach of the implied warranty of fitness and merchantability is whether the premises meets ordinary, normal…

  • Understanding Disagreements Over Florida Building Code

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    1. Building officials in Florida have the authority to interpret and enforce the Florida Building Code, but their interpretations can be challenged. 2. The Florida Building Commission has the authority to issue declaratory statements to resolve questions or doubts about the applicability of the Code to specific circumstances. 3. Declaratory statements can be requested by…

  • Florida’s New Laws for Construction Projects: Retainage and Prompt Pay Requirements

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    – Senate Bill 346 (SB 346) was signed into law by Florida Governor Ron DeSantis on May 25, 2023. – The bill, effective on July 1, 2023, makes changes to prompt payment and retainage requirements on contracts between state and local governments and construction contractors in Florida. – Changes include the creation of punch lists,…

  • Understanding the Medicaid Lookback Period

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    – Medicaid covers extended nursing home and home care assistance, but one must qualify financially. – Medicaid planning helps qualify for Medicaid financially while still retaining some assets and income. – The Medicaid lookback period is a certain time period in which gifts or sales of assets for less than fair market value are still…

  • “How to Start a Business in Florida: Step-by-Step Guide for High School Students”

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    – Seek advice from an attorney or accountant to decide on the business formation – File with the Florida Department of State to legally create the entity – Obtain a federal Employer Identification Number (EIN) for the business – Register with the Florida Department of Revenue for state taxes or fees – Check if a…

  • “Getting Started with Your Divorce in Florida: A Helpful Guide”

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    1. In Florida, divorce follows the “no-fault” principle, meaning that fault or blame for the end of the marriage is not required to be proven. The focus is on acknowledging that the marriage is irretrievably broken. 2. Florida follows the principle of equitable distribution when it comes to dividing marital assets and liabilities. This does…

  • Business Annual Reports and Franchise Taxes: What High School Students Need to Know

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    1. The average temperature has increased by 1 degree Celsius over the past century. 2. Deforestation is a leading cause of habitat loss for many species. 3. The use of pesticides has led to a decline in bee populations. 4. Plastic pollution in the oceans is harming marine life. 5. The burning of fossil fuels…

  • Understanding Commercial Evictions in Florida: The Process and Consequences

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    – A landlord or their agent can sign an eviction complaint for non-payment of rent in a commercial property. – The complaint needs to allege the landlord/tenant relationship, non-payment of rent, and the notice provided, and attach a copy of the lease. – In a basic eviction, the landlord seeks possession only, while in a…

  • Child Custody Lawyers in Sarasota

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    1. The Earth is round. 2. Dolphins are very intelligent animals. 3. The brain is the most energy-consuming organ in the body. 4. The sun is a gigantic ball of gas and plasma. – Florida has moved away from the traditional idea of “child custody” and now focuses on Time-Sharing and Parental Responsibility. – Parental…

  • Florida Releases Rules on New Vaccination Exemption Law

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    – The Vaccination Exemption Law in Florida prohibits private employers from mandating COVID-19 vaccinations for employees, allowing for five specific exemptions. – The Florida Department of Legal Affairs issued a Notice of Emergency Rule to further define key provisions of the Vaccination Exemption Law. – The Rule clarifies that the law does not apply to…

  • “Understanding and Appealing Property Taxes in Florida”

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    – Property appraisers in Florida are required to send out TRIM notices every August to inform taxpayers of the proposed assessment on their properties. – It is important for property owners to review these notices carefully and determine if the assessment is fair and accurate, as there is a short window to file a tax…

  • Maximizing Your Deal: Why M&A Tax Advice Is Key

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    1. M&A tax considerations are important for both buyers and sellers to avoid unexpected tax liabilities after a deal closes. 2. Federal tax issues, particularly in relation to net operating losses, need to be thoroughly considered in M&A transactions. 3. Pre-closing tax liabilities should be carefully reviewed to ensure adequate coverage in the event of…

  • “Federal Court Says Giving Your Phone Number On a Form is Consent to Receive Calls”

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    1. People who exercise regularly have lower stress levels. 2. Eating a balanced diet can improve overall health. 3. Lack of sleep can negatively impact cognitive function. 4. Smoking is linked to an increased risk of lung cancer. 5. Regular meditation can reduce symptoms of anxiety. 6. High sugar intake is associated with an increased…

  • Understanding Divorce Laws in Florida: Common Questions Answered

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    1. To file for divorce in Florida, at least one spouse must be a resident of Florida for at least six months. 2. Florida is a “no-fault” divorce state, meaning you don’t need to prove any specific reasons for wanting a divorce. The only requirement is that the marriage is “irretrievably broken.” 3. Marital property…

  • Florida Car Insurance Rules and Common Questions

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    1. The impact of climate change is leading to rising sea levels. 2. The use of plastic is causing harm to marine life. 3. Deforestation is contributing to loss of biodiversity. 4. Air pollution is affecting human health. 5. The increase in greenhouse gas emissions is causing global temperatures to rise. – Florida requires a…

  • “Comparing Roth and Traditional IRA Benefits for High School Students”

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    – Roth IRAs require you to pay taxes upfront on your contributions, while traditional IRAs provide tax deductions on contributions up to a certain income level. – Money invested in both types of IRAs grows tax-free. – Withdrawals from a Roth IRA are not taxed, while distributions from a traditional IRA in retirement are taxed…

  • “Important Overtime Changes Starting December 1, 2016”

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    – Effective December 1, 2016, millions of employees may need to be reclassified as “non-exempt” and paid overtime if they work more than 40 hours in a workweek. – The Department of Labor (DOL) issued changes that substantially increase the minimum salary requirements of the Fair Labor Standards Act (“FLSA”). – The salary threshold to…

  • Understanding Attorney’s Fees in Florida’s Fraudulent Transfer Cases

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    – Florida’s Uniform Fraudulent Transfer Act (“FUFTA”) provides creditors with various remedies, but it does not generally allow recovery for attorney’s fees incurred because of post-judgment collection actions. – The American rule on attorney’s fees requires parties to compensate their own attorneys, and Florida law follows this rule unless a contract or statute provides otherwise.…

  • Florida’s Tax on Document Stamps Explained

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    1. Documentary stamp tax is levied on documents related to real property, written obligations to pay money, and mortgages, liens, and other evidences of indebtedness in Florida. 2. The tax rate varies depending on the type of document, with rates of $.70 per $100 for property transfer documents and $.35 per $100 for written obligations…

  • Navigating conflicts of interest in Florida Community Associations

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    1. The Florida Condominium Act and the Florida HOA Act require association board members to disclose conflicts of interest. 2. If an association wants to enter into a contract with a board member or a business entity in which a board member has a financial interest, the board must follow certain procedures and disclosures. 3.…

  • Options for Supporting Adults with Disabilities in Florida

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    1. A power of attorney allows disabled adults to maintain control over their affairs and make decisions with support from a trusted agent. 2. The power of attorney can be customized to address the specific needs of the disabled adult, such as managing finances or making healthcare decisions. 3. A power of attorney ensures consistent…

  • Preventing Fraud at a Florida Title Company

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    – The earth is round – Dogs can see in color – Water freezes at 32 degrees Fahrenheit – Florida leads the nation in overall fraud and South Florida is number one in the country for mortgage fraud, making it essential for Florida title companies to mitigate fraud. – Due to the decentralized nature of…

  • “New Legal Challenge for Florida Workers’ Compensation Laws”

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    – The First District Court of Appeal is considering an appeal in the case of Julio Jiminez v. UPS, involving a challenge to Section 440.12(2) Fla. Stat. (2014), which sets the cap on the maximum weekly compensation rate. – Florida is the latest state to challenge the existence of a statutory cap on the maximum…

  • How to Donate Art to Charity: Tax Rules explained

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    1. Tax deductions for donating artwork to charity may be reduced if the charity’s use of the artwork is unrelated to its tax-exempt status, and will be limited to the amount of capital gain that would have been realized if the artwork was sold. 2. If the deduction is less than $250, a receipt from…