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Category: Blog article

  • Challenging Denied Building Permits in Florida

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    1. When challenging a building permit denial, the agency or officer is subject to judicial review in a mandamus proceeding against the officer or board. 2. To compel the issuance of a building permit, it must appear that the applicant had a right to build in the desired manner and that all valid provisions of…

  • Enforcing Non-Compete Agreements for Doctors

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    1. A Florida court upheld a temporary injunction against a cardiovascular surgeon for violating non-compete and non-solicit provisions in his employment contract with First Coast Cardiovascular Institute, P.A. 2. FCCI had plans to expand its practice in Putnam County, Florida and had made investments to deepen its relationship with Putnam County Medical Center. 3. Dr.…

  • “Keeping Your Business and Real Estate Separate”

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    1. Owning real estate in a separate entity from the operating business can provide liability protection, limiting claims to the value of the property and accounts held with it. 2. Keeping real estate within a corporation for tax purposes may result in double taxation if the property is sold. Alternatively, holding real estate in a…

  • Understanding Florida’s Probate Process

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    1. Probate is the court-supervised process of administering a deceased person’s assets in Florida. 2. A personal representative is appointed to take charge of the probate process, including identifying, gathering, and securing the estate assets. 3. The probate process involves paying valid creditors, taxes, and expenses, followed by distributing the remaining assets to the beneficiaries…

  • “Responsibilities for Retirement Plan Sponsors: A Guide for Government Officials”

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    – Governmental retirement plan sponsors are not subject to ERISA, but instead must turn to state legal sources such as state constitutional law or statutory law to determine fiduciary duties. – Most state retirement systems have fiduciary guidance in their provisions, which usually focus on the state retirement system specifically. – Other potential sources of…

  • Comparing Stock and Asset Purchases in Mergers and Acquisitions: What You Need to Know

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    – Stock/equity purchase and asset purchase are the two most common ways to structure the purchase of a business. – There may be circumstances that result in a hybrid between these two structures or other structures such as a merger. – The structure of the deal is critically important to both the buyer and the…

  • “Get Help Applying for Work Visas with an Immigration Attorney”

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    Work visas are a type of visa that allows foreign workers to legally work in the United States for a temporary period of time. They are available for various job types, including specialty occupations, free trade agreement professionals, agricultural workers, and educators. The length of employment depends on the type of visa issued. Working with…

  • Are Secret Agreements Enforceable in Florida Real Estate Deals?

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    – Florida law looks to section 542.335 of the Florida Statutes to determine the enforceability of restrictive covenants, including confidentiality agreements. – The party seeking to enforce the restrictive covenant must prove each element of their cause of action by a preponderance of the evidence. – In order to pursue a claim for breach of…

  • Enforcing Privacy Rules in Florida Real Estate

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    – Florida courts look to section 542.335 of the Florida Statutes to determine the enforceability of restrictive covenants. – The party seeking to enforce the restrictive covenant bears the burden of proof and must establish each element of their cause of action by a preponderance of the evidence. – In pursuing a claim for breach…

  • Florida 2019 Law: Local Governments Must Be Open About Permit Fees.

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    1. House Bill 127 aims to improve transparency and efficiency in local regulations when doing business at the local level. 2. It requires local governments to provide clear information on the types of permits and authorizations needed for construction work, as well as the associated costs. 3. The bill has received unanimous support from both…

  • “Easy Ways to Save on College Costs”

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    1. Parents and grandparents can take advantage of tuition tax credits, such as the American Opportunity Tax Credit (AOTC) and the Lifetime Learning Credit (LLC), to help with college expenses. 2. Scholarships used for tuition, fees, books, and supplies are exempt from income tax, but may impact the amount of education tax credits that can…

  • Florida’s Agricultural Bond Laws: A Tool for Collecting Money for Farming Issues

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    1. Any person involved in buying, receiving, soliciting, handling, or negotiating agricultural products from or for Florida producers must be licensed and bonded, unless exempt. 2. The purpose of the Florida License and Bond Law is to create a marketplace free of unfair trading practices and defaults, and to ensure that producers receive proper accounting…

  • Can a Commercial Landlord Take Action Against a Tenant Who Hasn’t Paid Rent?

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    – The COVID-19 pandemic caused financial damage to the commercial real estate sector, leading landlords to consider rent abatements and eviction proceedings. – Some landlords opted for self-help tactics, such as changing locks or placing chains on doors, to evict defaulting tenants. – The use of self-help by commercial landlords varies by state, and it…

  • How Florida’s New Summary Judgment Standard Affects Legal Cases

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    1. The new summary judgment standard in Florida requires evidence on an issue of fact to be probative enough that a reasonable jury could find in favor of the nonmoving party. 2. The old summary judgment standard in Florida compelled courts to grant summary judgment only if “no genuine issue as to any material fact”…

  • “Taking Partial Blame for Your Slip-and-Fall Injury in Florida”

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    – In Florida, there is a two-year statute of limitations for filing a claim for slip-and-fall or trip-and-fall accidents. – Florida has a modified comparative negligence law, which means that if the injured person is found to share some degree of liability, their compensation will be reduced by the percentage of fault assigned to them.…

  • Florida’s Civil Theft Law: Understanding Your Rights

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    1. Florida’s Civil Theft statute allows for recovery of treble damages and attorney fees if successful. 2. Civil theft claims can be asserted by individuals and businesses, creating civil liability for criminal practices such as theft, robbery, and exploitation of elderly persons. 3. Civil theft claims require clear and convincing evidence, which falls between a…

  • What Florida Law Says About Banks’ Responsibilities in Underwriting and Loan Processing

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    – Claims against the original lender for not performing like a reasonable and prudent bank can be expected to perform in the administration of a loan are unsustainable in Florida law. – There is no tort duty for banks to process loans competently in Florida. – Four elements are necessary to sustain a negligence claim…

  • “Important Things to Know Before Subletting Your Place”

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    1. People who drink more than 5 cups of coffee per day are more likely to experience heart problems. 2. Regular exercise can improve mental health and lower the risk of depression. 3. Eating a diet high in processed foods and sugar is linked to an increased risk of obesity and type 2 diabetes. –…

  • Big Changes Coming to Florida Divorce Laws

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    – Greyson’s Law (Senate Bill 130 and HB 97) in Florida aims to consider violence between parents when deciding on custody arrangements and court orders to better protect families. – Senate Bill 1146 proposes to allow unmarried fathers who acknowledge paternity to automatically have the same legal rights as the mother to care for the…

  • Beware when Buying Property in Florida: What Subsequent Purchasers Need to Know

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    – The earth is approximately 4.5 billion years old. – The sun is a massive, glowing sphere of hot gases that is the star at the center of our solar system. – The moon is Earth’s only natural satellite. 1. The Florida Supreme Court in Hayslip v. U.S. Home Corporation determined that a subsequent purchaser…

  • “Florida Increases Lowest Pay – Local Law Firm Discusses”

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    – Florida’s minimum wage rate will increase from $8.56 per hour to $8.65 per hour effective January 1, 2021. – Tipped employees in Florida must be paid a direct hourly wage of $5.63 in 2021, in addition to any tips received. – Amendment 2, passed by Florida voters in November 2020, will increase the minimum…

  • Florida Employers Must Use E-Verify System

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    1. Starting July 1, 2023, Florida public agencies and private employers with twenty-five or more employees must use the E-Verify system to verify employment eligibility of new employees. 2. Paper Form I-9’s alone are not sufficient under the new law, and employers must retain E-Verification documents for three years from the employee’s date of hire.…

  • How to Avoid Trust Disputes – Protecting Your Family’s Inheritance

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    1. Dolly Parton is known for her philanthropy and has valuable lessons to teach about doing good. 2. Winning a money judgment in court entitles a person to a specific amount of money, but it doesn’t immediately provide funds. 3. Non-citizens in the US do not enjoy all the tax benefits that US citizens do,…

  • “Preparing for the Future: Estate Planning for Florida College Athletes”

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    1. NIL income for college athletes may be subject to taxes at the federal and state level. 2. College athletes receiving financial aid should be aware that NIL income could impact their eligibility for such aid. 3. Creating trusts or legal entities through estate planning can help protect and manage NIL income. 4. Estate planning…