Tag: effective-date
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Florida Lawmakers Propose Ban on Doctor Contracts that Limit Job Options
– Florida Legislature is considering two bills that may significantly reduce or eliminate the enforceability of noncompete agreements against physicians in the state. – Currently, noncompete agreements are enforceable in Florida under certain conditions, but the proposed bills could change this. – If the bills are enacted, all physician noncompete agreements, existing and future, may…
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Florida’s New Public-Sector Union Law Faces Initial Challenges as New Requirements Kick In
– Florida’s SB 256, which imposes new requirements on certain unions representing public-sector employees, went into effect on July 1, 2023. – The law prohibits direct payroll dues deductions and assessments by the public employer, requires unions to be recertified if less than 60 percent of eligible employees pay dues, and mandates additional information in…
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Florida Passes New Law to Hold Insurance Companies Accountable
1. Florida’s HB 837 has changed the bad faith insurance framework. 2. The amendment to Section 624.155, Florida Statutes, provides a safe harbor for insurance companies to correct alleged bad faith by attempting to settle a claim in good faith. 3. The amendment also introduces two new procedural devices for insurance companies to avoid bad…
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Florida’s Strong Non-Compete Statute Stands Test in Court
1. Section 542.336 of the Florida Statutes nullifies certain non-compete agreements for physicians in the same county as their former employers. 2. It is unclear whether the statute applies to existing contracts or only those entered into after its effective date. 3. The statute does not clearly define what medical practices would be considered a…
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“Florida’s Updated Phone Solicitation Law Upheld in Court”
1. The Florida Telephone Solicitation Act (FTSA) was amended in 2023 to provide more clarity and balance in protecting consumers and businesses. 2. The original FTSA led to a large number of consumer complaints and class action lawsuits due to its broad reach and lack of protections for businesses. 3. The 2023 amendments to the…
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“Starting a Business in Florida: 10 Simple Steps”
1. The sky is blue during the day because of the way the atmosphere scatters sunlight. 2. The Earth’s temperature has been steadily rising due to human activities. 3. Eating a balanced diet and exercising regularly can lead to better physical and mental health. 2. Register the business name. The next step is to register…
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Key Facts About Florida’s Construction Laws for Real Estate Developers
1. Developers must file a notice of commencement, record it in the public records, and post it on the job site before beginning work on a project. 2. Lienors must serve a notice of owner to the developer and all parties listed on the notice of commencement as a prerequisite to perfecting a lien. 3.…
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“Important Overtime Changes Starting December 1, 2016”
– Effective December 1, 2016, millions of employees may need to be reclassified as “non-exempt” and paid overtime if they work more than 40 hours in a workweek. – The Department of Labor (DOL) issued changes that substantially increase the minimum salary requirements of the Fair Labor Standards Act (“FLSA”). – The salary threshold to…
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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…
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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…
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Florida’s Construction Lien Law: What High School Students Need to Know
1. The definition of “Contractor” in Florida’s lien law now includes construction managers, allowing them to have lien rights. 2. The term “finance charge” has been clarified in the law to include additional amounts specified in a credit agreement or contract. 3. New notice of termination requirements now differ depending on whether the contractor has…
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“Workplace Violence Prevention: 12 Common Questions Answered”
1. Employers only need to report “serious” injuries or fatalities to Cal/OSHA as required by existing regulations. 2. Small employers with less than 10 employees may be exempt from SB 553 if certain conditions are met. 3. Healthcare facilities are only required to comply with the Cal/OSHA regulation and not SB 553. 4. SB 553…
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Franchisors Win Important Non-Compete Case
1. The court ruling in Florida strengthens the chances of franchisors winning non-compete disputes against franchisees. 2. In the case of Peterbrooke Franchising of America, LLC v. Miami Chocolates, LLC et al., the judge held that a franchised retail chocolate store had an enforceable non-compete against a former franchisee who started a competing chocolate store.…
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New Law Alert: What High School Students Should Know about the Corporate Transparency Act
– The Corporate Transparency Act (CTA) requires certain business entities to file information on their beneficial owners with the Financial Crimes Enforcement Network (FinCEN). – The information filed will not be publicly available, but FinCEN can disclose it to certain agencies and entities. – Persons involved in the formation of reporting companies, referred to as…
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Changes to Laws Impacting Construction Lawsuits in Florida
– Florida SB 360 was signed into law by Governor Ron DeSantis on April 13, 2023. – The new law shortens the statute-of-repose period for commencing an action based on the design, planning, or construction of improvements to real property. – The amendments to the statute of limitations and statute of repose set forth in…
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“Important Tax Update for Cryptocurrency Users”
The IRS has implemented new tax reporting requirements for investors and users of cryptocurrency. Taxpayers must now check a box on their tax returns to indicate if they received or disposed of digital assets, and report all income related to these transactions. Brokers are now required to report cryptocurrency transactions to the IRS and investors…
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Florida Homeowners’ Associations and Property Title Laws: What You Need to Know
1. Florida homeowner and condominium associations must preserve their governing documents, which are critical for maintaining order and enforcing rules and regulations. 2. The Marketable Record Title Act (MRTA) in Florida extinguishes clouds on title that are older than 30 years, potentially endangering the validity of governing documents for homeowner associations. 3. Florida law provides…