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Tag: real-estate

The Medicaid Institutionalized Care Program, the Simple Estate Plan, and the Elective Share: Why the Qualified Special Needs Trust Was Born

May 18, 2024

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by

Elf

in Florida BAR article

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…
Senate Bill 360 Refined: The Impact of the 2007 Legislative Session on Local Government Growth Management, Part I

May 18, 2024

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by

Elf

in Florida BAR article

In 2007, three new laws were passed in Florida that affect how cities and towns can plan and use their land. These laws make changes to things like big developments, traffic, affordable housing, and school needs. One important change is that the deadlines for large projects were extended by three years because of the slow…
Economic Redevelopment of Small-city Downtowns: Options and Considerations for the Practitioner Part 2

May 18, 2024

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by

Elf

in Florida BAR article

The Main Street Approach focuses on four things to help downtown areas: organization, promotion and marketing, design, and economic restructuring. All these things work together to make downtown better. For organization, everyone in the downtown area needs to work together to make a plan for the future. This includes the chamber of commerce, merchants, and…
Economic Redevelopment of Small-city Downtowns: Options and Considerations for the Practitioner

May 18, 2024

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by

Elf

in Florida BAR article

Downtowns in small cities have faced economic problems since the 1950s, with businesses moving to the suburbs or closing down due to the popularity of shopping centers and discount superstores. However, in the past 20 years, there has been a revival in small-city downtowns, with more people and businesses choosing to live and work there.…
Advising the Client Regarding Protection of Property Rights: Harris Act and Inverse Condemnation Claims

May 18, 2024

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by

Elf

in Florida BAR article

This article talks about the challenges that real estate practitioners face when advising clients on protecting their property rights. It covers two aspects of property rights: compensation for a government taking property, and rights under Florida’s Harris Act. These are complex issues and the law is still evolving, so itâs important to consult with a…
Florida Public Records Law: The Battle Over Attorneys’ Fees

May 18, 2024

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by

Elf

in Florida BAR article

The public records law in Florida gives people the right to access government records. But there are a lot of rules and exceptions that make it complicated. Recently, there have been a lot of lawsuits about this, and it’s been hard for government agencies to follow the law. Some people have been taking advantage of…
Up Allen’s Creek Without a Paddle: Can Cities Leverage Utility Service for Annexation?

May 18, 2024

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by

Elf

in Florida BAR article

The Florida Supreme Court decided that cities can make property owners in unincorporated areas join the city in order to get access to city utilities. This helps spread the costs of utilities to more people and prevents county residents from enjoying city benefits without paying city taxes. This is a controversial issue that continues to…
Decision by Judge or Jury? Alternatives to Traditional Code Enforcement Boards

May 18, 2024

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by

Elf

in Florida BAR article

Florida cities and counties have the power to enforce their local codes through code enforcement boards. These boards are made up of community volunteers who have the authority to make final decisions on violations and fines. The only way to challenge their decisions is to appeal to the local circuit court. There are benefits to…
Code Liens Are Not Superpriority Liens: Is it the End of the Debate?

May 18, 2024

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by

Elf

in Florida BAR article

The Florida Supreme Court recently ruled that a local ordinance in Palm Bay giving priority to code enforcement liens over earlier recorded mortgages is invalid. This means that code enforcement liens do not have priority over mortgages. The court found that the ordinance conflicts with state law. This ruling ends the uncertainty surrounding the case…
The Debate Continues on Whether to Remand Family Law Cases with Inadequate Findings

May 18, 2024

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by

Elf

in Florida BAR article

In 2001, the Third District Court of Appeal decided a case called Broadfoot v. Broadfoot, where they said that in family law cases, you can’t complain about a judge not making factual findings unless you asked the judge to do so first. Then in 2004, the Fifth District followed this rule in a case called…
The 21-Day Battle in Administrative Actions

May 18, 2024

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by

Elf

in Florida BAR article

The Administration Commission updated the rules for administrative procedures, making it easier for people to access and understand the rules. They made changes to accommodate things like faxing documents and putting information on a website. They also made changes to how notices are given and how cases are handled in certain situations. Additionally, they included…
District Court Review of Mandamus Proceedings in Land-Use Litigation: Certiorari or Appeal?

May 18, 2024

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by

Elf

in Florida BAR article

You represent a real estate developer who was denied approval for a project by the local government. You challenged this decision in court, but the circuit court also denied your request. Now, you need to decide whether to appeal the circuit court’s decision in the district court or file a petition for certiorari. If you…
Preparing for Emerging Contaminant Liability and Administrative Law Challenges

May 18, 2024

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by

Elf

in Florida BAR article

Gov. Ron DeSantis signed a law requiring the Florida Department of Environmental Protection to create drinking water standards for two harmful chemicals by 2025. The U.S. EPA also lowered the acceptable levels for these chemicals. This could lead to legal challenges for the DEP in how they implement the new laws. The EPA wants to…
What does a Statement of Net Worth entail?

Mar 7, 2024

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by

Elf

in FAQ

A Statement of Net Worth is a document mandated by the court where an individual provides a comprehensive breakdown of their financial details including income, expenditures, possessions, real estate, and liabilities. This affidavit must be signed in the presence of a notary public prior to its submission.
What happens if I don’t fulfill the continuing education requirements for Florida real estate?

Mar 7, 2024

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by

Elf

in FAQ

Your real estate license in Florida will become involuntarily inactive if you fail to complete 14 hours of continuing education and submit the renewal fee before midnight Eastern Time on your license expiration date. You will not be allowed to engage in any licensed activities while your license is in involuntarily inactive status.
How can I update my Florida real estate license?

Mar 7, 2024

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by

Elf

in FAQ

In order to update your Florida real estate license, you must utilize the Online Service portal provided by the state. If you haven’t already signed up, you will need to complete the registration process before proceeding with the license renewal. Once registered, you will obtain an email containing a temporary password, allowing you to establish…
What is the fee for renewing a real estate license in Florida?

Mar 7, 2024

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by

Elf

in FAQ

$32 for Sales Associates and $36 for Brokers.
How much time is allotted to complete the real estate exam in Florida?

Mar 7, 2024

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by

Elf

in FAQ

You will be given 3.5 hours to complete the real estate exam in Florida.
How can I register for the examination required to obtain a real estate license in Florida?

Mar 7, 2024

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by

Elf

in FAQ

How can I obtain a license as a real estate sales associate or broker in Florida? In order to become a licensed real estate sales associate in Florida, you need to complete Course I: Sales Associate License Course, submit an application with a fee of $39.37, get your fingerprints electronically recorded through PearsonVUE for a…
How old must one be to obtain a Florida Real Estate License?

Mar 7, 2024

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by

Elf

in FAQ

One must be 18 Years old to obtain a Real Estate License. However, there is no age requirement to begin the course.
How many continuing education hours are required to renew a license in Florida?

Mar 7, 2024

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by

Elf

in FAQ

How much Continuing Education is required for a Florida real estate license? The state of Florida requires 14 hours of Continuing Education for Broker and Sales licenses. These Continuing Education requirements must be completed every two years based on the date of the initial licensing exam. In order to renew your real estate agent license…
What are the post-licensing requirements for sales associates in Florida’s real estate industry?

Mar 7, 2024

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by

Elf

in FAQ

What are the post-licensing requirements for real estate brokers in Florida? In Florida, brokers and sales associates are obligated to fulfill Post-Licensing education. Brokers in Florida must complete 60 hours of Post-Licensing education, while sales associates need to complete 45 hours of Post-Licensing education. Within the initial renewal period (18-24 months), sales associates working in…
What is the minimum age requirement to obtain a real estate license in Florida?

Mar 7, 2024

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by

Elf

in FAQ

To acquire a Florida real estate license, individuals must be 18 years of age or older.
Where can I sit for the real estate licensure examination in Florida?

Mar 7, 2024

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by

Elf

in FAQ

Florida utilizes the testing services of Pearson VUE. The real estate exam in Florida offers both in-person and remote options. To schedule your real estate examination in Florida, you can find further details on Pearson VUE’s website.