Category: Blog article
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Do Banks Have to Protect Your Money in Florida?
– In Florida, in order to state a cause of action for breach of fiduciary duty, there must be a fiduciary duty, a breach thereof, and resulting damages. – Fiduciary relationships may be implied in law and are based on the specific factual situation and the relationship between the parties involved. – In a banking…
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Changes to Florida’s Waterfront Property Laws
– The majority of submerged land in Florida belongs to the State and is managed by the State’s Internal Improvement Trust Fund. – The State’s Department of Environmental Protection administers the submerged land through rules and regulations set forth in Chapter 18-21, F.A.C. – Some submerged lands in Florida were conveyed to other entities or…
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“Important Tips for Hiring Freelancers and Making Sure They’re Treated Right”
1. Businesses should be careful when classifying workers as independent contractors for federal tax purposes to avoid potential reclassification by the IRS. 2. If a worker is classified as an employee, the business is responsible for withholding federal income and payroll taxes, as well as paying the employer’s share of FICA and FUTA taxes, and…
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General Contractors Can Pursue Triple Damages Against Unlicensed Subcontractors in Florida
– Unlicensed contracting is a crime in Florida. – Florida Statutes provide special civil remedies for those harmed by unlicensed contracting, such as treble damages and attorney’s fees. – General contractors can also obtain these civil remedies if they are harmed by their unlicensed subcontractors. – In the case of Home Construction Management, LLC v.…
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Understanding Short Sales and Their Impact on Property Titles
1. Short sales happen when a seller owes more on their mortgage than they can sell the house for, usually due to financial hardship. 2. Lenders must agree to a short sale, and any lienholders on the property must also approve it. 3. Short sales can damage a seller’s credit and may result in them…
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Florida Courts Allow High-Ranking Corporate Officials to Plead Ignorance
1. The average temperature has increased by 1.8 degrees Fahrenheit over the past century. 2. Carbon dioxide levels have reached their highest point in the past 800,000 years. 3. Sea levels have risen by 8 inches in the last century. 4. The rate of species extinction is currently 1,000 times higher than before human intervention.…
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Contractor’s Termination Appeal Dismissed for Being Too Late – Kirwin Norris
– The contractor was default terminated in March 2017 and filed an appeal in November 2019. – The termination notice was found to be adequate as it informed the contractor of the termination and the right to appeal. – The contractor’s belief that the CO would reconsider the termination was not plausible, as demobilization was…
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Safeguarding Your Ideas in Orlando: Advice from a Local Law Firm
– Daniel Law Offices, P.A. provides expert legal services in intellectual property law in Orlando. – They specialize in patents, trademarks, copyrights, and trade secrets to protect the rights of creators and innovators. – The firm guides clients through the patent application process to secure exclusive rights to their innovations. – Their team assists in…
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Florida Condo Associations: Responsibilities for Window Repairs and Common Area Maintenance
1. The association’s declarations describe the boundaries of each unit and determine who is responsible for repairing property within the unit. 2. Sometimes the declarations do not clearly define the boundaries, leading to debates over who is obligated to repair certain elements like windows, doors, sliders, and skylights. 3. The association’s obligation to repair windows…
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How to Start an LLC in Florida
– Choose a name for the LLC that complies with Florida naming laws, including the requirement to end the name with LLC or L.L.C. – Ensure the chosen name is not already in use and is compliant with naming laws by consulting with a professional attorney. – Decide whether to hire a company to serve…
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Turning Your Home Into a Rental: What You Need to Know
1. Renting out a home can provide tax benefits such as deductions for expenses like utilities, operating costs, and maintenance, as well as depreciation deductions. 2. The passive activity loss rules may limit the ability to claim rental-related deductions that exceed rental income unless certain exceptions apply. 3. Renting out a home for an extended…
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Florida Government Offers Tax Relief for Sales and Property Taxes
1. The Florida Department of Revenue has extended the deadline for property tax assessments for the 2019 tax year to April 15, 2020, due to COVID-19. 2. Certain businesses in Florida are eligible for an extension to remit sales and use taxes to the state, based on their impact from COVID-19. 3. Adversely affected taxpayers,…
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“Explore Hoiberg Group: Connecting You with Experts in Legal Matters”
– The IRS has announced a delay in the new $600 Form 1099-K reporting threshold for third party settlement organizations for calendar year 2023. – Taxpayers will not be required to report unless they receive over $20,000 and have more than 200 transactions in 2023. – The IRS is planning for a threshold of $5,000…
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Protecting Your Cryptocurrency for the Future: A Guide by Estate Planners
1. Dolly Parton is known for her philanthropy and has lessons to teach about doing good. 2. After winning a money judgment in litigation, it’s important to know the next steps to actually receive the funds. 3. Non-citizens in the US do not receive the same tax benefits and protections as citizens, particularly in estate…
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SEC Releases Final SPAC Rules: What You Need to Know
– The SEC recently adopted new rules and amendments (SPAC Rules) aimed at enhancing disclosures and providing additional investor protection in initial public offerings (IPOs) by special purpose acquisition companies (SPACs) and subsequent business combination transactions. – The goal of the new rules is to address information asymmetries, misleading information, and conflicts of interest in…
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Consortium vs Joint Ventures: Understanding the Difference
– People who exercise regularly are less likely to develop chronic diseases. – Eating a diet rich in fruits and vegetables is linked to a lower risk of heart disease. – High caffeine intake may be associated with increased anxiety and insomnia. – Lack of sleep can impair cognitive function and increase the risk of…
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Changes in Florida Laws for Filing Construction and Design Defect Lawsuits
1. The Florida statute of limitations and repose period govern lawsuits involving construction and design defects. 2. The statute of limitations sets a time limit for filing a lawsuit, while the statute of repose sets an outer limit beyond which any claim can be initiated. 3. The Amendment to the statute changes the repose period…
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How to Finance Buying a Business – Smith Legacy Law
1. Dolly Parton is known for her philanthropy and her passion to do good can be emulated by others. 2. Winning a money judgment in litigation does not automatically provide funds and individuals need to take additional steps to collect the money. 3. Non-citizens in the US do not receive the same tax benefits as…
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“Responsibilities of Employers in Emergencies”
– Natural disasters caused $313 billion in global economic losses in 2022. – In the United States, there were 18 major natural disaster events with at least $1 billion in damages, and 3.4 million people were forced to leave their homes. – Employers can prepare for natural disasters by developing an emergency action plan, as…
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What Florida Insurers Should Know about Bad Faith Law Changes
– The Florida Supreme Court outlined an insurer’s good-faith duties in the context of third-party liability claims in the case Boston Old Colony Ins. Co. v. Gutierrez in 1980. – These duties include advising the insured of settlement opportunities, possible claim outcomes, and the potential for an excess judgment. The insurer must also fully investigate…
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Florida’s Law for Managing Troubled Commercial Properties
– The Uniform Commercial Real Estate Receivership Act became law in Florida on July 1, 2020. – The Act clarifies the standard for the appointment of a receiver and the powers of receivers in commercial foreclosure actions. – Receivers are important because they preserve the status quo, manage property expenses, and preserve the property that…
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Understanding Riparian Rights in Florida: Enjoying the Right to a Waterfront View
– Riparian rights include the rights to an unobstructed view of the water. – An upland owner has the right to an unobstructed view of the channel. – To be a legitimate claim of obstructing a waterfront view, the obstruction must substantially and materially block the land owner’s view of the channel. 1. In Mickel…
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Enforcing Non-Compete Agreements: What You Need to Know Before Signing a Contract
1. Former employees are reminded of their post-employment obligations through a letter after their separation, whether stand-alone or part of a more comprehensive separation letter. 2. Look for “smoking gun” evidence of potential breach, such as analyzing former employee’s work email and computer for any signs of taking confidential information. – No new company was…
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“Why You Should Use Business Immigration Lawyers”
– Business immigration law is constantly evolving and covers a wide range of topics related to hiring or working with employees from other countries. – The American immigration system is complex, and business immigration attorneys stay up-to-date with the latest laws and have vast experience in the field to help clients navigate the landscape. –…