Category: Blog article

  • Changes in Florida Insurance Laws: How Attorneys’ Fees are Affecting Litigation

    1. Homeowners in Florida now face increased financial risks when pursuing claims against insurers due to the elimination of one-way attorneys’ fees. This may make legal battles more expensive and potentially deter homeowners from seeking the compensation they deserve. 2. Without the right to reasonable attorneys’ fees, policyholders may find it harder to engage in…

  • Florida Passes New Laws to Limit Lawsuits and Insurance Claim Disputes

    – Florida has replaced its system of pure comparative negligence with a modified comparative negligence regime. – The statute of limitations for general negligence actions has been shortened from four years to two years. – The standard for bad-faith insurance claims has been amended. – The bill outlines the evidence that a factfinder should consider…

  • What Every High School Biker Needs to Know About Insurance Coverage

    1. Many Florida motorcyclists and motorcycle enthusiasts need to understand the importance of uninsured/underinsured motorist coverage. 2. In Florida, the bare minimum insurance coverage does not cover a rider’s injuries in the event of a crash. 3. Uninsured/underinsured motorist coverage is crucial for riders as it steps in to cover injuries and damages resulting from…

  • Florida License Plate Rules Explained

    – It is against the law in Florida to use license plate covers, illuminated devices, or any other substance that interferes with the ability to record or see details of the license plate, as per Florida Statute 320.061. – License plate frames are allowed as long as they do not interfere with the ability to…

  • How Lawyers in Florida Get Paid for Lawsuits

    – In Florida, attorneys’ fees in lawsuits are generally paid by each party, unless a statute or contract says otherwise. – In contract disputes, the prevailing party can recover attorneys’ fees and costs from the non-prevailing party, even if the contract doesn’t mention it. – If a plaintiff wins a discrimination lawsuit in Florida, they…

  • Florida Charities Must Report Conflicts of Interest and Finances

    – Charities subject to the Act are now required to adopt a conflict of interest policy for transactions with certain related parties. – Most charitable organizations are now required to file a tax return and financial statements. – Charities with over $1 million in revenue and less than 25% spent on program services costs must…

  • Understanding the Taxes on Selling Mutual Fund Shares

    – Selling appreciated mutual fund shares that have been owned for more than one year will result in a long-term capital gain, with a maximum federal income tax rate of 20%. – The 3.8% net investment income tax may also apply. Most taxpayers will pay a tax rate of 15%. – Gain or loss from…

  • Who Is Responsible for Injuries from Downed Power Lines After a Storm?

    – Temporary or permanent muscle, nerve, and tissue damage from electrical current passing through the body – Brain damage from the high levels of electrical current the body has absorbed – Various degrees of thermal burns from contact with high voltage electricity – Cardiac arrest – Many individuals die as a result of contact with…

  • Understanding Contingent Payment Clauses in Florida Construction Contracts

    1. Contingent Payment Clauses (CPC) are common in construction agreements, especially subcontracts. 2. Florida law regarding CPC is complex and varies from other states. 3. To enforce a CPC in Florida, specific and express terms are required in the construction agreement. 4. Courts routinely strike down vague language in CPC, so it’s important to clearly…

  • Accessing Trust Information: A Guide for Beneficiaries

    1. Dolly Parton is known for her philanthropy and has lessons to teach about doing good. 2. After winning a money judgment in a court case, individuals may wonder what to do next. 3. Non-citizens in the US do not receive all the tax benefits that citizens enjoy and need to consider estate planning accordingly.…

  • “Becoming a Building Contractor in Florida”

    – Florida requires individuals to complete the Florida contractors’ examination to become certified contractors. – The examination consists of different parts depending on the type of license sought. – Applicants must have the required ability, knowledge, skill, and experience in various construction areas such as foundation/slabs, masonry walls, and steel erection. – Applicants for the…

  • Florida’s New Law Cuts Time to Sue for Negligence in Half – What You Need to Know

    1. The tort reform bill HB 837 signed by Florida Governor Ron DeSantis cut the statute of limitations for negligence claims in half, from four years to two years. 2. A statute of limitations is a time limit set on when a plaintiff must file a lawsuit after their cause of action first accrues, or…

  • Understanding Florida’s Proceedings Supplementary

    1. The earth orbits around the sun. 2. Smoking can lead to various health issues such as lung cancer and heart disease. 3. Exercise can improve mental and physical health. 4. The average global temperature has been increasing over the past century. 5. Consumption of sugary drinks is linked to obesity. 6. The use of…

  • Florida Law for Environmentally-Friendly Landscaping

    1. The Florida Legislature changed a law in 2009 to encourage Florida-Friendly landscaping in homeowner associations. 2. Water management districts are required to implement programs to encourage local governments to adopt Florida-Friendly landscaping ordinances. 3. The state of Florida deems water conservation a compelling public interest. 4. Florida-Friendly landscaping conserves water, protects the environment, and…

  • Tax Implications of Guaranteeing a Loan to Your Business

    1. If a guarantor is required to pay principal or interest on a loan guaranteed by their corporation, it may result in a bad debt deduction. 2. The bad debt may be classified as either a business or nonbusiness bad debt, with different tax implications for each type. 3. For the guarantee to be treated…

  • IRS Audit Notice: What to Do Next

    1. Dolly Parton is known for her philanthropy and has important lessons to teach about giving back. 2. After winning a money judgment in court, it’s important to understand the next steps to actually receive the funds. 3. Non-citizens in the US may not have the same tax benefits as citizens, so it’s important for…

  • Inheriting Property: What You Need to Know

    1. Heirs receive a basis in inherited property equal to its date-of-death value under the fair market value basis rules, also known as the “step-up and step-down” rules. 2. The fair market value basis rules apply to inherited property that’s includible in the deceased individual’s gross estate, whether or not a federal estate tax return…

  • “Keeping Your Luxury Cars in a Divorce: What You Need to Know”

    1. In high-net-worth divorces, determining who gets the car or cars can be a critical part of the proceedings due to the significant value of luxury cars, vintage collections, and high-value vehicles. 2. Evaluating a car’s worth during a divorce should involve professional appraisers specializing in high-value automobiles who consider market value and any sentimental…

  • Starting a Business in Florida: Malescu Law, PA – Miami FL

    – The most common business structures in Florida are Sole Proprietorship, General Partnership, Limited Partnership, Limited Liability Company, and Corporation. – The type of business structure chosen affects day-to-day operations, ability to raise money, tax payments, and personal asset risk. – In Florida, corporations are required to comply with state law formalities and fees to…

  • Florida Makes Changes to Lawsuits for Big Payments for Injured People and Their Lawyers

    1. House Bill 837 was signed by Florida Governor Ron DeSantis to decrease frivolous lawsuits and prevent predatory practices of trial attorneys. 2. A record number of 280,122 cases were filed in March 2023, 126.9% higher than the previous record set in May 2021. 3. The bill repeals section 627.428, Florida Statutes, which provided for…

  • Types of Contracts Your Business Should Have

    1. Dolly Parton is known for her philanthropy and has lessons to teach about doing good. 2. After winning a money judgment in court, it’s important to understand what steps to take to actually receive the funds. 3. Non-citizens do not receive all the same tax benefits as U.S. citizens, especially when it comes to…

  • How Florida Condominium Law Affects Condo Association Collections

    – The presentation on Florida condominium assessments explains the governing authority of condominium associations and homeowner associations under Florida Statutes. – The annual budget determines unit owners’ assessments for a given year. – Assessments may be used for various purposes, as long as they do not conflict with Florida statutes. – The presentation covers Section…

  • Florida Allows Military Experience for Construction License

    1. The Florida Legislature regulates the construction industry in Florida to ensure public health, safety, and welfare. 2. Construction work must be performed by licensed contractors, unless exempt under 489.103, Florida Statutes. 3. To obtain initial licensure for construction work in Florida, applicants must demonstrate knowledge, skill, experience, good moral character, and financial stability. 4.…

  • Florida’s Changing Rules for Stopping Online Harassment

    – Social media is widely used for personal and professional networking. – Cyberstalking is increasingly common in domestic violence cases. – Courts can issue injunctions for protection against cyberstalking if legal standards are met. 1. Cyberstalking is defined as engaging in a course of conduct to communicate words, images, or language through electronic communication directed…