Tag: legal-action
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Focusing the Lens of Justice: The Implementation of Police Body Cameras Is a Management Right, Not a Mandatory Subject of Collective Bargaining
Police body cameras are small devices that police officers wear to record their interactions with suspects and other people. They are used to gather evidence and help keep everyone safe. Florida police departments and their officers have been debating whether the use of body cameras should be a decision made by management or negotiated with…
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Enforcement of FDUTPA by Competitors: Did the Florida Legislature Create a Right Without A Remedy?
In 2001, a law in Florida was changed to allow businesses to sue their competitors for unfair competition. Before that, the law was mainly used by consumers to get their money back from bad sellers. Now, it’s unclear what “actual damages” means for business competitors, and the courts are divided on the issue. So, it’s…
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The Birth of New Rights for Pregnant, Postpartum, and Nursing Employees
President Biden signed two new laws that protect pregnant and nursing workers. The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers, similar to the Americans with Disabilities Act. The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act) extends break and space requirements for expressing…
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Florida’s Cabinet System: Y2K and Beyond
The structure of Florida’s Cabinet will change in 2003, reducing the number of Cabinet officers. The Cabinet is unique in the US and has specific powers and duties under the constitution. Many powers and duties have been assigned to them by the legislature. Before Governor Lawton Chiles eliminated many state government rules, most agencies, boards,…
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Protecting Military Families: The New Servicemembers Civil Relief Act
In 2003, President Bush signed a new law called the Servicemembers Civil Relief Act (SCRA), which replaced the old Soldier’s and Sailor’s Civil Relief Act. The new law is easier to understand and includes updates to reflect changes in American life. It also clarifies disagreements among military law experts and strengthens protections for active duty…
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Florida’s Homestead Realty: Is it Exempt from Imposition of an Equitable Lien for Nonpayment of Alimony and Child Support?
Just tell me the important stuff in easy words, and leave out the fancy stuff and names of the legal stuff. When a parent or ex-spouse falls behind on alimony or child support, there are ways to collect the money they owe. This can include taking their income, revoking their driver’s license, and even putting…
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Florida’s Putative Father Registry: More Work is Needed to Follow the Established National Trends Toward Stable Adoption Placements
In 2003, Florida changed its adoption law to make sure that adoption decisions were more stable. This was after some high-profile adoption cases caused a lot of controversy. The state made a registry to help unmarried fathers protect their rights in the adoption process. There have been some court cases about the registry, with different…
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Choosing a Valuation Date of Marital Assets in Dissolution of Marriage Cases: Perlmutter and its Permutations
This article will explain how Florida law has changed over the years regarding how to value assets in a divorce. Before 1988, the date for valuation was decided case by case. In 1988, a new law said the valuation date should be the date of a separation agreement or the date of the petition, unless…
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What the Abacus Can Teach Us About Technology (And Other Valuable Lessons About Innovation and Collaboration)
Access to justice, or the ability for everyone to have a fair chance in court, has been a big issue for a while. Many people can’t afford to hire a lawyer and get turned away from legal help. This is a big problem because everyone deserves a fair shot in court. The Florida Supreme Court…
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CERCLA Investor Liability: Don’t Ask, Don’t Tell Won’t Work
In 1980, the government passed a law called CERCLA, which made people responsible for cleaning up hazardous substances on their property, even if they didn’t cause the contamination. This law has made investing in real estate much riskier because now people can be held responsible for cleaning up hazardous substances on their property, even if…
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Like Home: The New Definition of Habitual Residence
The Wizard of Oz story about Dorothy clicking her ruby slippers to go home is kind of like how lawyers are trying to help kids who have been taken to a different country by a parent. But it’s not easy, because different courts have different rules about when a child is considered to be living…
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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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Environmental Regulation in Florida’s Coastal Zone: You Ain’t Seen Nothing Yet
A new trend in environmental law is changing the way businesses operate along the coast of Florida. This trend means that citizens can now sue businesses for harming the environment, and it will have a big impact on how business is done in the area. Before, environmental regulation was mainly handled through lawsuits, but now…
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Overfiling: Can the EPA Pursue a Case Where the State has Taken Enforcement Action? What Courts Have Done Since Harmon
The federal government sets environmental standards, but the states enforce them. If a state doesn’t do a good job, the EPA can step in and enforce the rules instead. However, there are some rules about when the EPA can do this, and courts have had different opinions about it. Harmon Industries in Grain Valley, Missouri…
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Slipsliding Away: Landowners Continue to Lose Substantive Rights under Local Planning Case Law
This article is about how laws can have unintended consequences. It talks about a court case that added to a confusing body of growth management laws. The court gave more rights to third parties trying to reverse zoning approvals than to landowners trying to reverse zoning denials. The article looks at how these laws have…
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1997 Update on the Bert Harris Private Property Protection Act
The Bert J. Harris, Jr. Private Property Rights Protection Act allows property owners to sue the government if they feel that the government’s actions have unfairly restricted the use of their property. Before suing, the property owner must submit a written claim and get an appraisal of the property’s value. Within six months, the government…
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Environmental Stewardship of Florida Shooting Ranges
In Florida, there are over 400 shooting ranges that attract about one million enthusiasts every year. Recently, there has been more focus on regulating these ranges due to high-profile cases. This has led to the involvement of organizations like the NRA and NSSF, as well as public and private gun clubs. New laws and environmental…
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Global Warming: An Introduction to the State of the Science and a Survey of Some Legal Responses
In 1979, a member of the President’s Counsel on Environmental Quality was asked to raise awareness about global climate change. Despite early warnings, the United States has taken a “wait and see” approach. Now, there is scientific evidence to support action. The debate now centers on whether human activity has contributed to the increase in…
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Intervene Means Intervene: The Florida Legislature Revises Citizen Standing Under F.S. §403.412(5)
In 2002, a controversial bill was passed that changed the rules for citizens challenging environmental permits in Florida. Before the bill, citizens and environmental groups had an easier time challenging permits, but now it’s harder for them to do so. The bill was part of the regular legislative session and was called HB 813. It…
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Now It’s Easier Being Green: Florida’s New Benefit and Social Purpose Corporations
Starting from July 1, 2014, Florida allowed for-profit companies to focus on public interest goals instead of just making profits. This means they can use some of their resources for activities that benefit society. There are two new types of for-profit companies – benefit corporations and social purpose corporations. These companies are different from traditional…
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PFApocalypSe Now: The PFAS Firestorm and Implications for Florida
A company is being accused of copying a clothing design from another company. The lawyer for the first company is arguing that the design is unique and copyrighted, while the lawyer for the second company says it’s not that original. The case is in court now. PFAS are harmful chemicals found in many products we…
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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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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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An Athlete’s Right of Publicity
Celebrities like athletes have a valuable asset in their persona, which can continue to make them money even after they retire. The right of publicity protects their economic interest in their name, while the right to privacy protects against intrusion and embarrassment. These rights help protect athletes from others using their identity for profit without…