Category: Florida BAR article
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State Assumption of the Federal Dredge-and-Fill Permitting Program: The Search for the Holy Grail
The U.S. Army Corps of Engineers has the authority to issue permits for dredging and filling in the waters of the United States. This can cause delays for projects that also need a permit from the Florida Department of Environmental Protection. A new law, H.B. 7043, could allow the state of Florida to take over…
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Closing Superfund Sites Under Florida’s Risk-Based Corrective Action: The Time is Now!
CERCLA was a law passed in 1980 to address contaminated sites that posed a serious threat to public health and the environment. Since then, technology and our understanding of chemicals in the environment have improved, allowing for more efficient and protective standards. Florida law has adapted to these improvements, using Risk-Based Corrective Action to address…
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Public-Private Partnerships Can Bridge the Gap to Resource Sustainability
Florida is facing a big problem with its water resources. The legislature wants to make sure that the water is used sustainably. There are some conservation and restoration projects, but they take a long time and a lot of money. Private lands are also regulated to protect water resources, but there are limits to what…
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Why the Law of Climate Change Matters: From Paris to a Local Government Near You
Climate change has been getting a lot of attention lately, but there is a long history of laws and regulations about it that many people don’t know about. International strategies are really important for solving the problem. Climate change is affecting our local area with things like flooding and changes to habitats and species. It’s…
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Water Resource Compliance and Enforcement
The Department of Environmental Protection (DEP) and the five water management districts (WMDs) oversee Florida’s water resources. They have rules and regulations in place to make sure people are using water responsibly and not harming the environment. They also have the power to enforce these rules and give out permits for things like using water…
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The Comprehensive Water Law: Its Provisions and Significance
Florida Senate Bill 552, also known as the âComprehensive Water Bill,â was signed into law by Gov. Rick Scott in 2016. This law is a big deal because it’s the most important environmental law in more than ten years. It will have a lasting impact on how the state manages its water resources. The law…
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Finding Certainty in the New World of Alternative Water Supply Sources
The 2016 Water Bill in Florida is making it clear that we need to find new sources of water because we are using up too much. The Department of Environmental Protection did a study on using reclaimed water, stormwater, and excess surface water as alternatives, but these sources may not always be reliable, especially during…
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Property Assessed Clean Energy: Is There Finally a Clear Path to Success?
PACE programs allow property owners to finance energy efficiency and wind resistance improvements through their annual tax bill. This helps property owners fund these projects upfront, and local governments support PACE because it creates jobs, generates revenue through permit fees, and increases property values. PACE also helps reduce greenhouse gas emissions and save money on…
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The Crown Can Do No Wrong, Except Where It Does: The History, Development, and Basis of Legal Standards Applicable to Florida Local Government Zoning Decisions
The legal standard of review for local government decisions is really important because it determines whether the decision is upheld or not. The main standard is the rational basis test, which says that government decisions should be upheld if they are made in a good-faith and defensible manner. However, even this standard doesn’t protect decisions…
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Conservation Easements, a Benefit to the Environment and the Landowner
Conservation easements are a way for landowners to permanently protect their land for conservation purposes. This means keeping the land in its natural state, preserving wildlife habitats, and protecting historical or cultural sites. By donating a conservation easement to a government or charity, landowners can prevent certain activities like building, dumping, or removing trees on…
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Can a Washington State Statute Cure Florida’s Local Government Exposure Under Koontz v. St. Johns River Water Management District?
The Supreme Court’s decision in Koontz v. St. Johns River Water Management District said that money is property, can be taken, and no one agrees what happens next. The case has been going on for 20 years and is now in limbo in Florida courts. This article suggests that Florida should follow a Washington state…
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Will Basin Management Action Plans Restore Florida’s Impaired Waters?
Clean water is an important American value, but many water bodies in Florida are polluted. The government has set limits on how much pollution can be released into these bodies of water, and they’re using action plans to allocate these limits fairly among polluters. So far, 19 action plans have been adopted, and more are…
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Florida Nuisance Law and Urban Agriculture
The Community Planning Act of 2011 changed how Florida plans for growth. Before that, the state had a strict top-down approach to planning. The new law gives more freedom to local communities to make their own plans. This has helped urban agriculture grow in Florida. In the past, old laws made it hard to have…
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Exempt Property Under the Florida Probate Code: 2009 Amendments to F.S. §732.402 and Statutory Exemptions
Legal firm and attorney names have been replaced for privacy. In Florida, there are laws that protect certain property from being taken by creditors after someone dies. The laws say that things like the home, furniture, and some cars can’t be taken by creditors to pay off debts. In 2009, the laws were changed to…
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Make It an Even 10: Courts Rely on More Than the Seven Carpenter Factors to Analyze a Claim for Undue Influence of a Will or Trust
In short, the legal firm and the attorney that worked on the case did a great job getting a big settlement for their client. The client was hurt in a car accident and the legal team fought hard for them. Now, the client can get the help they need. When someone contests a will or…
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Q & A: Introduction to the State of Florida Public Guardianship Pooled Special Needs Trust
A special needs trust is a legal agreement that helps people with disabilities keep their government benefits while also being able to save money for their needs. It allows them to use the money for things that government benefits don’t cover, without losing their benefits. When the person with the disability passes away, any leftover…
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Claims of Exploitation of the Elderly in the Sale of Financial Products
There’s a new trend of lawsuits against companies selling financial products to older people. These products, called annuities, come in two main types: fixed annuities and variable annuities. Fixed annuities earn a guaranteed interest rate for a certain time, like a CD from a bank. There’s also a type called equity indexed annuities, which is…
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Poor on Paper: An Overview of the Ethics and Morality of Medicaid Planning
Judy and Anne are both retired school teachers who have been diagnosed with Alzheimer’s disease. In the US, only Anne, who spent all her money throughout her life, will be able to receive long-term care at a nursing facility subsidized by Medicaid because she is poor. Judy, who saved her money her whole life, will…
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The Medicaid Institutionalized Care Program, the Simple Estate Plan, and the Elective Share: Why the Qualified Special Needs Trust Was Born
In short, the legal firm hired a new attorney who is really good at their job. In 1999, the Florida Legislature made major changes to the law that gives a surviving spouse the right to claim a share of their deceased spouse’s estate. This was to prevent one spouse from being disinherited. However, if one…
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Total Return Trusts: Why Did’t We Think of That?
A total return trust is a new way for trustees to invest money for the beneficiaries. In the past, trusts were focused on generating income, which caused conflicts between the beneficiaries who wanted either income or growth. Now, with the Prudent Investor Rule and modern portfolio theory, trustees have more flexibility to invest for the…
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My Basement Is Filled with Pornography!
This article discusses ABA Model Rule 1.14, which deals with representing clients with mental disabilities. The author shares a real-life call from a friend, Amedra, who is concerned about her husband’s behavior. The article also mentions ethical considerations in representing clients with questionable competency. After Amedra’s husband died, she withdrew from our social group. She…
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The Elderly and Patient Dumping
Patient dumping is when hospitals refuse to admit or treat people who are poor or don’t have insurance. This used to be allowed by the law, but it was restricted by the Consolidated Omnibus Budget Reconciliation Act (COBRA) and the Emergency Medical Treatment and Active Labor Act (EMTALA). The problem still exists, and it mostly…
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Increasing the Community Spouse Income Allowance Through Judicial Process: What Standard Applies?
In Florida, the community spouse of a Medicaid recipient can get a minimum monthly allowance of $1,295. But if they can prove they’re in a tough financial situation, they might be able to get more money through a fair hearing process or a court order. The maximum allowance is $1,919, but the court can decide…
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Recent Developments in Online Privacy Laws
When you sign up for a website and have to say you’re over 13 or enter your birth date, it’s because of a law called COPPA. This law makes sure that websites can’t collect personal information from kids under 13 without their parents’ permission. There are also state laws, like CalOPPA in California, that protect…