Tag: law-firm
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Resolving Administrative Disputes
In 1996, the administrative law in Florida was revised to include new ways to solve disputes: mediation and a summary procedure. Mediation is when a neutral third party helps the involved parties find a solution together, instead of going to court. It’s a flexible and informal process focused on reaching a mutually agreeable solution. Basically,…
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Goodwill Hunting for Equity: The Florida Supreme Court’s Unintended Result of the Thompson Case, Part I
In Florida, when a married couple’s business is being divided in a divorce, the court has to figure out how much of the business’s value is considered marital property. They don’t count the value of the business that comes from one spouse’s reputation or skills, because that’s called “personal goodwill” and it’s not included in…
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Putting a Milking Stool Behind a Horse Does Not Make it a Cow: Accountants’ Charging and Retaining Liense in Florida
In family law, lawyers often try to secure payment of their fees by filing notices of charging liens. This is common practice. However, it’s unusual for an accountant to do the same thing. Recently, an accountant involved in a family law case filed a motion claiming they have a right to be paid. This was…
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A Vision of the Future of Florida Land Use Law
In Florida, local governments have the power to govern themselves but must follow state laws. In the future, new regional governments will have more power and responsibility, especially in areas like water, transportation, and economic development. There will also be more focus on managing growth and planning for the future. This means being careful about…
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Current Developments in Public School Concurrency
School overcrowding is a big problem in Florida because the population has grown so much. The state government has passed a $2.7 billion plan to build more schools, which should help. But there are still disagreements about how to pay for all the new schools needed. In Broward County, there are rules in place to…
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All Appropriate Inquiries in Commercial Real Estate Due Diligence: What Inquiring Minds Need to Know
The U.S. Environmental Protection Agency (EPA) made a rule in 2006 called âAll Appropriate Inquiriesâ (AAI), which sets rules for checking for environmental issues when buying or selling commercial property. This rule is important to protect buyers and sellers from being responsible for cleaning up hazardous substances on a property. It’s important to follow these…
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And Now School Concurrency
In recent years, Florida has had crowded schools because of a growing population. A new law in 2005 made it so that all communities must have a plan in place for new neighborhoods to make sure there are enough schools for the kids living there. This new plan controls when new neighborhoods can be built…
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Florida Supreme Court Takes Property Owners to the Cleaners: The Impact of Aramark v. Easton
The Florida Supreme Court made a decision in the case of Aramark Uniform & Career Apparel, Inc. v. Easton, which could have big effects on property owners in Florida. The court said that a landowner can be held responsible for pollution on their property, even if they didn’t cause it. The decision also limits the…
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Conquering the Maze of Certiorari Review of Local Government Quasi-judicial Land Use Decisions
If you’re filing a petition for a writ of certiorari, you need to do it within 30 days of the order you want to challenge. Your petition should include why you should get relief, what relief you’re asking for, and your arguments with the right references. It also needs to have the right caption and…
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More Flexible Cleanup in Florida: RCRA Corrective Action Reforms
The Resource Conservation and Recovery Act (RCRA) has been reformed to focus on achieving cleanup goals efficiently and cost-effectively. These reforms aim to speed up the cleanup process while still protecting human health and the environment. Florida’s Department of Environmental Protection (DEP) also follows a policy of “more protection, less process.” These reforms will lead…
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Water, Water Everywhere?, Part II
A big law firm is being sued for not giving its employees enough breaks and for not paying overtime. If the lawsuit is successful, the employees might get a lot of money. Florida has laws about managing land and water, but they don’t connect the two. Unlike California, Florida doesn’t require developers to prove they…
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Risk-Based Corrective Action in Florida: How Is it Working?
In 2003, the Florida Legislature passed a law called Global RBCA, which expanded the use of risk-based corrective action to all contaminated sites with legal responsibility for clean-up. This allows for customized clean-up plans based on site-specific data and aims to protect human health and the environment. The law continues to evolve, and there may…
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Greening Your Law Firm
It’s important for businesses to go green to help combat climate change and save money. In our state, where we are at risk of hurricanes and sea level rise, it’s even more important for businesses and local government to take responsibility for their environmental impact. The American Bar Association and the Environmental Protection Agency have…
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The Latest in Green Development: Advising Your Client on the New Standard for Real Estate Projects
Green building rating systems are used to measure the environmental performance of buildings, focusing on energy efficiency. The most well-known system is LEED, which stands for Leadership in Energy and Environmental Design. It is a voluntary certification system created by the U.S. Green Building Council. To get LEED certified, a developer submits their project for…
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Restrictive Covenants as Institutional Controls for Remediated Sites: Worth the Effort?
Restrictive covenants, which are rules that limit what you can do on your property, are actually really helpful in environmental and land use law. They allow contaminated land to be used again, even if it’s not completely cleaned up. This is important for making sure the land can be productive again. In Florida, they use…
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Strictly Speaking, Does F.S. §376.313(3) Create Duty to Everybody, Everywhere?, Part II
Not all cases of pollution lead to a strict liability claim under F.S. §376.313. Sometimes, you can’t get compensation for the harm to your reputation under this law. The Florida Supreme Court says that the state has strict laws to prevent pollution and allows people to sue for damages if they can prove they were…
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Strictly Speaking, Does F.S. §376.313(3) Create Duty to Everybody, Everywhere?, Part I
In 2010, the Florida Supreme Court ruled that commercial fishermen could sue a fertilizer company for releasing pollutants. This decision expands the ability for private individuals to sue for environmental damage, which contradicts the law’s original purpose of protecting natural resources. The impact of this decision is important for understanding how environmental laws are enforced.…
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Modernization of Stormwater Quality Rules
Here’s the simplified version: A big company is being sued by a group of people who say the company’s product hurt them. The company hired a law firm to defend them. The law firm’s lawyers don’t want certain information to be shown in court, but the judge said they have to share it. The law…
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Waters of the United States: A New Era for Federal Wetland Jurisdiction
The government has been trying to figure out which waters are protected under the Clean Water Act for a long time. In 2019, the Trump administration proposed a new rule that would make the rules for protecting wetlands and waterways more strict. This means that the government would have more control over construction and other…
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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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Is My Judgment in Your Best Interest? How Decisions Are Made in Guardianships and a Suggested Reform
Glenda Martinez and J. Alan Smith met on social media in 2008, got engaged in 2009, and then Smith got into a car accident in 2010 that left him with head trauma. Smith’s daughter filed a petition to appoint a guardian for him, which led to a long legal battle. This case highlighted the conflict…
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Twelve Ways of Proving the Negative and Overcoming the Carpenter Presumption of Undue Influence
The Carpenter presumption in Florida law says that if someone who benefits from a will was involved in making the will in certain ways, it’s assumed they unduly influenced the person who made the will. There are seven things that can make this assumption stronger, like being there when the will was made or knowing…
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The Longstanding Concept of Abandonment of the Homestead Did Not Survive the 1985 Amendments to the Florida Constitution
In 1984, Florida voters changed the state constitution to protect more people’s homes. Before the change, only families were protected. After the change, single people and those without dependents were also protected. This meant that it was harder for the government or creditors to take away someone’s home, even if they were single. The Florida…
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The Fellow Officer Rule and the Officer Assistance Statute in Florida: Separate Assessments of Prob
Police officers must have a good reason to arrest someone, called “probable cause.” Sometimes, one officer doesn’t see everything needed for probable cause, so they rely on other officers or citizens to help. In Florida, there are rules that allow for these kinds of arrests, like the “fellow officer” rule and the “officer assistance” statute.…