Category: Florida BAR article
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An Analysis of Affordable/Work-Force Housing Initiatives and Their Legality in the State of Florida, Part I
Many Florida communities are struggling to make housing affordable for their workers. High land costs, strict zoning rules, and other factors have led to a big gap between how much homes cost and how much people make. Some local governments are requiring developers to set aside affordable housing units or pay into a fund. But…
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Five Tips Every Real Estate Practitioner Should Know About Defective Deeds
Real estate professionals often deal with mistakes in deeds, which can sometimes be fixed easily or might not even matter. The first thing to do is figure out if the mistake is harmless or if it will cause serious problems. If it’s harmless, it can be ignored for now, but it’s still best to fix…
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The Plaza East Trilogy: Not a Nursery Rhyme, But Scary Warfare
Hurricanes can cause a lot of damage to condos, and there’s often a big fight over who has to pay for the repairs. This battle involves insurers, condo associations, and individual unit owners. The main issue is figuring out who is responsible for paying for repairs that insurance doesn’t cover. If this issue isn’t resolved,…
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Challenging Inter Vivos Transfers Procured by Undue Influence: Factors to Consider
Florida has a lot of people who take advantage of elderly people. When someone is coerced into giving away their stuff, it might be seen as undue influence and could be reversed. The courts have guidelines for challenging a contested will, but it’s not as clear for gifts given while the person is still alive.…
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Judgment Liens on Real Property: Recent Decision Causes Uncertainty for Title Companies, Bankers, and Lawyers
The Florida Legislature prescribed a 10-year period for judgment liens on real property, with an option to renew for another 10 years. A recent court decision has caused confusion and could affect lenders, title companies, and homeowners. It means old judgment liens that were previously ignored may now cause problems for homeowners trying to refinance…
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The Need for Statutory Change to the Right to Terminate Residential Leases
Florida’s LL/TE Act covers how landlords can end leases, but it doesn’t say what tenants can do if their landlord won’t renew their lease. There have been cases where landlords won’t renew leases even when tenants follow all the rules and pay rent on time. For example, in one case, a tenant who had lived…
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The Impact of Unlicensed Contractor Activities
If you’re working in construction, you need to have a license from the Florida Department of Business and Professional Regulation. This is important because without a license, any contracts or legal rights you have might not be enforceable. This means that if you want to change your business structure or merge with another company, you…
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What Every Attorney Needs to Know About Estate Planning
When people get married, they need to update their estate plans. This includes things like beneficiary designations on retirement accounts and life insurance. If someone dies without updating their estate plan after getting married, their spouse may be entitled to a certain amount of their estate, even if it doesn’t match what the deceased wanted.…
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Should You Incorportate a Personal Power Into Your Client’s Trust?
A personal power in a trust is a special kind of power given to someone the settlor really trusts. It’s different from making someone a trustee because it shows even more confidence in the person chosen. With a personal power, the person has the final say on certain decisions about the trust, and no one…
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The New Homestead Trap: Surviving Spouses Are Trapped by Life Estates They No Longer Want or Can Afford
Florida’s homestead laws are causing problems for surviving spouses. The cost of living in their homes has gone up, including property taxes, insurance, and special assessments for hurricane damage. Many surviving spouses can’t afford to live in their homes anymore and want to move, but they’re trapped because they can’t sell or change their life…
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Foundations of the Procuring Cause Doctrine
These are stories about real estate agents in Florida. They get their money from selling houses, so when there’s a dispute over who should get paid, it’s a big deal. The legal principle that comes into play is called the procuring cause doctrine, and it applies to both residential and commercial real estate. It’s a…
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The Status of Florida Law on Contract Zoning: Practical Drafting Suggestions to Avoid Contract Zoning Claims in Settlement Agreements
In 1956, the Florida Supreme Court ruled that local governments cannot make secret deals with developers to change zoning laws in exchange for certain conditions. The case, Hartnett v. Austin, involved a challenge to the City of Coral Gables’ decision to rezone a property for commercial use. The court ruled that requiring future contracts between…
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Rasmussen Court Allows Both Spouses $125,000 Exemptions and Protects Appreciation Within 1,215 Days of Bankruptcy
After the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), courts have interpreted the limits on homestead protection. In most states, including Florida, debtors can only exempt up to $125,000 of their homestead property if they filed for bankruptcy within 1,215 days of acquiring the property. In the case of Rasmussen, a couple…
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Public Private Partnerships: The Future of Public Construction in Florida?
The government is struggling to afford construction projects, so they’re teaming up with private companies to get them done. These partnerships can be a good way for both the government and the companies to make money. In Florida, they’re using this method to improve a major road, which will hopefully create jobs and help the…
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The Impact of Co-ownership on Florida Homestead
The Florida Supreme Court says there are three types of homestead, all meant to protect the family home. Co-ownership of property, like owning it with someone else, can affect these protections. For example, it can impact tax benefits for the home. If you own a home and live there, you can get a tax break…
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Bacardi on the Rocks
Parents in Florida may create a trust to protect their child’s inheritance from their spouse in the event of a divorce. However, there is uncertainty about whether a former spouse can still access the trust assets for certain types of judgments. This is a complex issue that may need clarification in Florida laws. In this…
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When is a Final Construction Lien Release Really Final?
When construction work is done, the person paying for the work should get a release of payment claims. If they’re paying a contractor, the people who did the actual work should also give a release for their payment. Lienors have to release part of their claim when they get paid. The form and timing of…
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Proving Standing to Foreclose a Florida Mortgage
Proving standing to foreclose on a mortgage in Florida is difficult because of the complexities of securitization. Many mortgages were sold to trusts and pooled with other mortgages to be sold to investors. The trusts are governed by pooling and servicing agreements, and there are different entities involved such as trustees, servicers, and custodians. Despite…
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Estate Planning Considerations for Out-of-state Property
If you own property in another state, it’s important to include it in your estate plan. Make sure your legal documents show that you intend to live in Florida, to avoid extra taxes and legal issues. Use strategies like trusts and joint ownership to avoid extra probate processes for your out-of-state property. If you have…
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Are Florida Laws on Tenancy by the Entireties in Personalty as Clear as We Think?
In basic terms, at common law, there was some doubt about whether a married couple could jointly own property with the right of survivorship or by the entirety. This is because specific requirements, called “unities,” had to be met for these types of ownership. Tenancy by the entirety (TBE) is a form of ownership only…
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Limitations on Establishing Unsafe Structures Liens and Special Assessments: Homestead Exemption, Special Benefit to Land, and Public Purpose and Facility Doctrine
In short, the legal firm we hired and the attorney representing us didn’t do a good job. We’re thinking about finding a new lawyer to help with our case. Unsafe structures are buildings that are deteriorated, unsanitary, vacant, or damaged. If a building is found to be unsafe, the local government can take action to…
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Close Encounters of the Referendum Kind
Amendment 4 in Florida proposes that voters should have the final say on all comprehensive planning decisions. If approved, this amendment would require a public vote on any new land use plan or changes to an existing plan. This means that local representatives would not have the final say, and decisions would be made by…
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The Impact of Federal, State, and Local False Claims Acts on the Construction Industry
The Federal False Claims Act (FCA) is a law that helps fight fraud against the government. It was originally for defense contractors, but now it’s mostly used for medical and pharmaceutical claims. With more federal money going to construction projects, there may be more FCA cases against construction contractors. The law also allows private citizens…
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But Is It a Condominium? Village of Doral Place Association, Inc., v. Ru4 Real, Inc.
The court case Village of Doral Place Association, Inc. v. RU4 Real, Inc. is about whether a tax deed for a condominium common area was valid. The court said it wasn’t, but they mixed up condos and subdivisions. This article explains the mix-up and shows how the case doesn’t set a precedent for turning subdivision…