Author Info for Lowndes

Lauren Beames

“Grossing-Up” Operating Expenses in Commercial Leases

In triple net office leases, tenants are required to reimburse landlords for a portion of the building’s overall operating expenses. These expenses cover the costs of operating and maintaining a commercial property. Operating…more

Commercial Leases, Commercial Tenants, Contract Drafting, Contract Terms, Fixed Operating Expenses

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William Beckett

Mount Dora Considers New Tax Collections and Regulations for Airbnbs

With the growth of Airbnbs and web-based lodging platforms, Mount Dora and Lake County are both looking at common sense solutions to bring regulations up-to-date regarding B&B operations and tax collections. As this Orlando…more

AirBnB, Hospitality Industry, Hotels, Local Ordinance, Online Travel Vendors

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Jacqueline Bozzuto

Dissolving Disney’s Reedy Creek Improvement District: The Impacts of SB 4-C

The Reedy Creek Improvement District (RCID) is a special purpose district created by a special act of the Florida Legislature in May 1967. It gives The Walt Disney Company governmental control over the land in and around Walt…more

Disney, Disney World, Dissolution, Florida, Governor DeSantis

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Jyllian Bradshaw

FTC Non-Compete Ban is Banned

On August 20, 2024, a federal court in Texas permanently blocked the Federal Trade Commission's (FTC) final rule banning most non-competes. U.S. District Judge Ada Brown granted summary judgment in favor of the plaintiffs in…more

Administrative Procedure Act, Competition, Confidential Information, Employer Liability Issues, Employment Contract

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Crystal Buit

Mediation Missteps: How to Prevent Common Pitfalls in Family Law Cases

Mediation is a confidential process where parties in family law matters, such as divorce, paternity, modification, or enforcement actions, work towards resolving their issues. It involves the parties, along with their attorneys…more

Arbitration, Child Custody, Child Visitation, Co-Parenting, Family Law Courts

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Dale Burket

Solar Industry to See Historic Investment from Inflation Reduction Act

The Inflation Reduction Act of 2022, which Senate Democrats intend to move through their chamber using a budget reconciliation process allowing it to pass with 50 votes (plus Vice President Harris breaking a tie) before it moves…more

Energy Policy, Energy Projects, Energy Reform, Federal Funding, Greenhouse Gas Emissions

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Casey Cavanaugh

Facing Troubled Commercial Real Estate Loans?

Several prominent U.S. fund managers are warning of growing problems in the $5.6 trillion U.S. commercial real estate industry that could provide problems for lenders in the coming months. The U.S. commercial property market is…more

Commercial Real Estate Contracts, Financial Services Industry, Lenders, Real Estate Investments, Real Estate Transactions

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Derren Ciaglia

Two Big Changes to Florida Law that Every Father Should Know About this Father's Day

This Father’s Day, fathers in Florida have more rights than last Father’s Day. As of July 1, 2023, new laws were enacted in the state. One law requires that a minor child have frequent and continuing contact with both parents,…more

Child Custody, Co-Parenting, Custody, Divorce, Minor Children

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G. Edward Clement

New Land Development Ordinance to Impact Residential Development in Mount Dora

The City of Mount Dora is proposing a new Land Development Ordinance, which will have a significant impact on residential development in certain areas of the City…more

Construction Industry, Construction Project, Local Ordinance, Real Estate Development, Residential Real Estate Market

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Nicole Cuccaro

What Landlords and Tenants Need to Know This Hurricane Season 2023

The 2023 Atlantic hurricane season begins this Thursday and will continue until November 30. According to the National Oceanic and Atmospheric Administration (NOAA), the season is expected to be relatively average in terms of…more

Commercial Insurance Policies, Consumer Insurance Products, Landlords, Natural Disasters, Rental Property

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Jack Demetree

New Requirements for Landlords Under Orange County Tenant’s Bill of Rights

On March 1, 2023, Orange County, Florida's Ordinance No. 2023-06 went into effect. The ordinance creates the new Office of Tenant Services and requires landlords to comply with new rules regarding notice requirements for rent…more

Florida, Housing Market, Landlords, Local Ordinance, Regulatory Reform

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Alexander Dobrev

New Law HB 799: Easements Affecting Real Property Owned by the Same Owner

Governor DeSantis signed HB 799 into law on June 27, 2024, impacting all developments subject to covenants or restrictions of any flavor, whether residential or commercial…more

Construction Project, Easements, Florida, Infrastructure, New Legislation

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William Dymond

An Update to Clients from the CEO: Planning for Reopening

Health authorities have identified a number of minimum standards that need to be in place to return to in-office operations in advance of the development of a vaccine…more

CARES Act, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Re-Opening Guidelines

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Hanna Edeback

Providers May Be Required to Update Visitation Policies as No Patient Left Alone Act Set to Become Florida Law

Senate Bill 988, known as the “No Patient Left Alone Act,” is on its way to the governor’s desk after being passed nearly unanimously by the Florida House and Florida Senate. Intended to address the negative physical and mental…more

Florida, Health Care Providers, Healthcare, Healthcare Facilities, Healthcare Reform

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Richard Fildes

Asset-Light Strategy Issues in the Development Space

While asset-light strategies have been used for decades in the hotel industry, the strategy and how to implement it are a bit more complicated in the development space, whether for a hotel or time-share company. A typical…more

Change in Control, Commercial Leases, Commercial Property Owners, Franchises, Hotel Management Agreements

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Miranda Fitzgerald

Orange County Adopts Increased School Impact Fees with Two-Stage Implementation Dates

On May 10, 2016, the Orange County Board of County Commissioners voted to substantially increase School Impact Fees throughout the County, including all of the municipalities. The new rates will take effect in two stages: …more

Construction Industry, Impact Fees, Local Ordinance, Municipalities, Real Estate Development

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Julia Frey

Orlando Museum of Art Seeks to Undo Restrictions on Charitable Bequest

You may have seen the headlines about the Orlando Museum of Art’s challenge to a donor’s $1.8 million gift that was given with “strings attached.” The donor intended to fund the acquisition of new works of art, but the Museum,…more

Charitable Donations, Charitable Organizations, Charitable Purpose, Fine Art, Museums

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Rachel Gebaide

FTC Non-Compete Ban is Banned

On August 20, 2024, a federal court in Texas permanently blocked the Federal Trade Commission's (FTC) final rule banning most non-competes. U.S. District Judge Ada Brown granted summary judgment in favor of the plaintiffs in…more

Administrative Procedure Act, Competition, Confidential Information, Employer Liability Issues, Employment Contract

See all updates »

Michael Gibbons

Construction Contracts in the Age of the Pandemic

As the COVID-19 virus continues to spread, developers, contractors, and subcontractors are increasingly seeing their ability to perform impacted directly or indirectly by its effects on the economy. From supply chain issues and…more

Construction Contracts, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Real Estate Development

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Jon Gibbs

Supreme Court Rules Intent Not Required for Trademark Profit Awards

Business owners beware; if you want to avoid the risk of losing your profits, avoid using a trademark or service mark already used by another – regardless of its registration status…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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Griffin Giroux

Protecting Elderly Loved Ones: The Role of Guardianship Practices

As our loved ones age, it becomes increasingly important to remain close and vigilant. While family members often serve as primary caregivers, it's crucial to recognize that not all instances of elder exploitation stem from…more

Elder Abuse, Elder Issues, Exploitation, Guardianships, Vulnerable Victims

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Andrew Gluck

Co-Insured vs. Additional Insured: Which One to Choose and Why It Matters?

Did you know that unrelated third parties (like a landlord and a tenant) should not be named a “co-insured” or even a “named insured” on another party’s insurance policy? In fact, the coverage provided to an unrelated third…more

Additional Insured, Co-Insured Issues, Consumer Insurance Products, Insurance Claims, Insurance Regulations

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Allison Gray

Osceola County Approves Increase to Impact Fees

On September 9, 2024, the Osceola Board of County Commissioners voted to approve an increase to County mobility impact fees, which will substantially increase the cost of development in the County. Impact fees are a one-time…more

Construction Project, Florida, Impact Fees, Infrastructure, Real Estate Development

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Shane Horton

Billboard Leasing Basics: 3 Things to Look For

In today’s advertising landscape, billboard leases can provide landowners and billboard owners and operators with a mutually beneficial arrangement, offering opportunities for visibility and revenue. However, it is crucial to…more

Advertising, Billboards, Easements, Leases, Property Owners

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Jonathan Huels

Orange County Clarifies Proposed Charter Amendment to Apply to All Voluntary Annexations and Approves New Rural Boundary

After the Florida Legislature blocked the Orange County Charter Review Committee’s proposed Charter amendments, the Orange County Board of County Commissioners (BCC) has taken on the initiative by proposing ordinances suggesting…more

Annexation, Charter Amendments, Florida, Municipalities, Property Owners

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Gary Kaleita

Smooth Transitions: HOA Turnover Tips for Florida Developers

Developers who create residential subdivisions in Florida are typically obligated to form a homeowners’ association (HOA) to govern the community. Mandated by permitting authorities like counties, cities, and water management…more

Construction Project, Florida, Homeowners Association (HOA), Housing Developers, Infrastructure

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Hal Kantor

Orange County Proposes to Implement Vision 2050 and Orange Code in September 2024

Vision 2050 - As one of the fastest growing regions in the United States, Orange County has been working to amend their state-required Comprehensive Plan called, “Vision 2050.” Vision 2050 is drafted with two of Orange…more

Construction Project, Infrastructure, Public Projects, Real Estate Development, Regulatory Agenda

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James Kattelmann

Don't Get Rejected: Florida's Witness Address Rule Takes Effect in 2024

Starting January 1, 2024, there are important changes to Florida Statutes 695.26(1)(c) that you need to know. Now, in addition to including the printed, typewritten or stamped name of each witness on certain recorded documents,…more

Commercial Real Estate Contracts, Deeds, Florida, Mortgages, Real Estate Market

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Andrew Kelly

New Treasury and IRS Regulations Bless SALT Deductions for Pass-through Entities

Monday, the U.S. Department of the Treasury and Internal Revenue Service (IRS) issued a press release and related notice regarding proposed regulations which clarify that the $10,000 cap on state and local tax (SALT) deductions…more

Income Taxes, IRS, Pass-Through Entities, PTEs, SALT

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Alyson Kendust

HB 1335: Administrative Changes Significantly Affect New Alcohol and Tobacco Applicants

Recently enacted House Bill 1335 (HB 1335) makes significant administrative changes to the process for obtaining, and maintaining, alcohol and tobacco licenses in Florida…more

Florida, Hospitality Industry, Licenses, Licensing Rules, Restaurant Industry

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William Kim

Alabama District Court Declares Corporate Transparency Act Unconstitutional

On March 1, 2024, the United States District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (CTA) exceeds the constitutional limits on Congress’s legislative power and is therefore…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Congressional Authority, Constitutional Challenges

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Joseph Kovecses, Jr.

Orange County Proposes to Implement Vision 2050 and Orange Code in September 2024

Vision 2050 - As one of the fastest growing regions in the United States, Orange County has been working to amend their state-required Comprehensive Plan called, “Vision 2050.” Vision 2050 is drafted with two of Orange…more

Construction Project, Infrastructure, Public Projects, Real Estate Development, Regulatory Agenda

See all updates »

Nicole Leath

What Landlords and Tenants Need to Know This Hurricane Season (UPDATED)

The 2024 Atlantic hurricane season starts this Saturday and runs until November 30. According to the National Oceanic and Atmospheric Administration (NOAA), this season is expected to be busier than usual. The increased activity…more

Disaster Preparedness, Flood Insurance, Hurricane Season, Insurance Industry, Landlords

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Adam Lewis

Billboard Leasing Basics: 3 Things to Look For

In today’s advertising landscape, billboard leases can provide landowners and billboard owners and operators with a mutually beneficial arrangement, offering opportunities for visibility and revenue. However, it is crucial to…more

Advertising, Billboards, Easements, Leases, Property Owners

See all updates »

McGregor Love

Orange County Proposes to Implement Vision 2050 and Orange Code in September 2024

Vision 2050 - As one of the fastest growing regions in the United States, Orange County has been working to amend their state-required Comprehensive Plan called, “Vision 2050.” Vision 2050 is drafted with two of Orange…more

Construction Project, Infrastructure, Public Projects, Real Estate Development, Regulatory Agenda

See all updates »

Melody Lynch

Orlando Museum of Art Seeks to Undo Restrictions on Charitable Bequest

You may have seen the headlines about the Orlando Museum of Art’s challenge to a donor’s $1.8 million gift that was given with “strings attached.” The donor intended to fund the acquisition of new works of art, but the Museum,…more

Charitable Donations, Charitable Organizations, Charitable Purpose, Fine Art, Museums

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S. Brendan Lynch

Property Tax Exemptions for Senior Living Facilities: Application Deadline is March 1, 2024

The 2024 exemption deadline is almost upon us! As with every year here in Florida, the property tax exemption application deadline falls on March 1. So it is again time for senior living facilities around the state to evaluate…more

Filing Deadlines, Florida, Healthcare, Healthcare Facilities, Long Term Care Facilities

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Susanne Mandel

Creating a Culture of Business Development: A Case Study

As all of us in the legal marketing community know, the economic downturn exacerbated the need law firms felt to foster a culture of business development — and at warp speed. This was, and continues to be a challenging process,…more

Firm Leadership, Young Lawyers

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Joaquin Martinez

What Landlords and Tenants Need to Know This Hurricane Season (UPDATED)

The 2024 Atlantic hurricane season starts this Saturday and runs until November 30. According to the National Oceanic and Atmospheric Administration (NOAA), this season is expected to be busier than usual. The increased activity…more

Disaster Preparedness, Flood Insurance, Hurricane Season, Insurance Industry, Landlords

See all updates »

Daniel McIntosh

New Florida Law Changes Electric Vehicle Charging Station Regulations

Effective July 1, 2024, a new Florida law has significantly changed how electric vehicle (EV) charging stations are regulated across the state. Senate Bill 1084 amended Section 366.94 of the Florida Statutes, shifting the…more

Automotive Industry, Charging Stations, Electric Vehicles, Florida, Infrastructure

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Greg McNeill

Are Economic Losses Caused by COVID Shutdowns Recoverable Under Commercial Property Insurance Policies

As we have previously written, whether economic losses caused by COVID shutdowns can be recovered under commercial property insurance policies is a hotly-contested issue. (Past articles include, ‘Will Your Business Interruption…more

All-Risks Insurance, Appeals, Business Closures, Business Interruption, Commercial Insurance Policies

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Timothy Miedona

CAM Expenses – Cumulative v Non-Cumulative

During commercial leasing negotiations, landlords and tenants will often extensively negotiate the terms of a cap on the controllable operating expenses under a lease. Often, however, the issue of whether the cap will be…more

Commercial Leases, Common Areas, Contract Drafting, Contract Negotiations, Contract Terms

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Connor O'Brien

The Corporate Transparency Act is Coming, But FinCEN Grants A Little More Breathing Room

In a significant update to the upcoming implementation of the Corporate Transparency Act (CTA), the Financial Crimes Enforcement Network (FinCEN) has extended the filing deadline for reporting entities formed between January 1,…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

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James O'Brien

Europe’s Top Court Decision May Halt Trillion Dollar U.S. Data Transfer Business Partnership with EU

In today’s rapidly evolving global economy, data is king. Whether we’re talking about blockchain, analytics or how much your online shadow personality is being sold for, there is no doubt that there is an incredibly lucrative…more

Class Action, Cybersecurity, Data Privacy, Data Protection, EU

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Matthew O'Kane

New Law Further Reduces Florida’s Sales Tax Rate on Commercial Rent

Effective June 1, 2024, the State of Florida’s sales tax rate on commercial real property lease payments (including base rent and additional rent) will be reduced from 4.5% to 2.0% for payments received for occupancy periods…more

Commercial Leases, Commercial Property Owners, Florida, Landlords, Rent

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Logan Opsahl

Osceola County Considers 90-Day Moratorium on Residential Development Rezoning Applications

The Osceola Board of County Commissioners is proposing a 90-day county-wide moratorium on applications that would allow residential development on land zoned for non-residential uses, among other restrictions. The proposed…more

Housing Developers, Real Estate Development, Residential Real Estate Market, Urban Planning & Development, Zoning Laws

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Gerardo Ortega

National Association of Realtors to Eliminate 6% Sales Commissions

The National Association of Realtors (NAR), which represents more than 1 million Realtors, has agreed to eliminate its standard 6%sales commissions with home sellers. By reaching a $418 million settlement with home sellers in…more

Homeowners, National Association of Realtors, Real Estate Agents, Real Estate Market, Real Estate Transactions

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Dave Peterson

Treatment of IP Licenses in Bankruptcy (UPDATED)

As intellectual property becomes a more important part of commerce, the question of how IP licenses are treated in bankruptcy is of more interest to companies negotiating such licenses. When a Chapter 11 bankruptcy is…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors-in-Possession, Intellectual Property Protection

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Michael Piccolo

Florida’s Elective Share: Just What the Disinherited Spouse Needed

It happens more often than you think: A surviving spouse is unknowingly excised from their predeceased spouse’s last will and testament to ostensibly be left with nothing. For instance, The Cars front man, Ric Ocasek, removed…more

Divorce, Estate Planning, Spouses, Surviving Spouse, Wills

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Andrew Powell

Orlando Museum of Art Seeks to Undo Restrictions on Charitable Bequest

You may have seen the headlines about the Orlando Museum of Art’s challenge to a donor’s $1.8 million gift that was given with “strings attached.” The donor intended to fund the acquisition of new works of art, but the Museum,…more

Charitable Donations, Charitable Organizations, Charitable Purpose, Fine Art, Museums

See all updates »

Michael Provenzale

Four Things to Know about Red Lobster’s Bankruptcy Filing

The tides have turned for Red Lobster, the iconic seafood dining destination, as the company has filed for Chapter 11 bankruptcy protection. As the restructuring process unfolds, it's crucial for customers, employees, and…more

Chapter 11, Commercial Bankruptcy, Debt Restructuring, Restaurant Industry

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Shawn Rader

Navigating the Pitfalls of Exclusive Use Clauses

In the July/August 2024 issue of the American Bar Association’s Probate & Property Magazine, attorneys Alvin Miester III and Jonathan B. Cerise prepared an excellent article titled “Protecting Against Competition: Exclusive Use…more

Commercial Leases, Commercial Tenants, Competition, Contract Terms, Exclusive Use

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Rebecca Rhoden

Florida Senate Bill Tries to Counter MV Realty’s 40-year Liens by Regulating “Residential Loan Alternative Agreements”

In a move to protect homeowners from deceptive practices, the Florida Senate has passed CS/CS/SB 770, a bill that regulates residential loan alternative agreements for the sale of residential real property. The bill, which…more

Consumer Financial Contracts, FDUTPA, Florida, Homeowners, Loan Agreements

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Jason Rimes

Alabama District Court Declares Corporate Transparency Act Unconstitutional

On March 1, 2024, the United States District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (CTA) exceeds the constitutional limits on Congress’s legislative power and is therefore…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Congressional Authority, Constitutional Challenges

See all updates »

John Ruffier

AI May Offer Solutions to (Some) Senior Housing Issues

Senior Housing News recently published an article making a compelling argument for how the use of “AI” is aiding senior living communities in providing better resident experiences and care. Focused on the experiences of…more

Artificial Intelligence, Assisted Living Facilities (ALFs), Elder Care, Elder Issues, Health Care Providers

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Michael Ryan

Orange County to Consider Adopting Temporary Economic Development Measures

On July 7, 2020, the Orange County Board of County Commissioners will consider adopting a Resolution implementing two incentive efforts aimed at “easing the economic burden of development” within the County…more

Building Permits, Economic Development, Incentives, Relief Measures, Temporary Regulations

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Norma Stanley

The Fine Print - Winter 2017 - Family Law & Estate Planning

The Winter 2017 issue of The Fine Print focuses on family law and estate planning and features articles on prenuptial agreements, what to know if you are heading toward divorce, and more. Click on the attachment below to read…more

Divorce, Estate Planning, Marital Assets, Marriage, Prenuptial Agreements

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Savannah Stewart

Navigating Legal Pathways to Establish Your Dream Pickleball Facility

If you play pickleball, America’s fastest growing sport, you’ve probably encountered a problem: the sport’s runaway popularity has led to a shortage of pickleball facilities. If you are a true picklehead, maybe you’ve even…more

Commercial Leases, Construction Contracts, Construction Project, Entitlements, Investment Opportunities

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Tara Tedrow

Osceola County Approves Increase to Impact Fees

On September 9, 2024, the Osceola Board of County Commissioners voted to approve an increase to County mobility impact fees, which will substantially increase the cost of development in the County. Impact fees are a one-time…more

Construction Project, Florida, Impact Fees, Infrastructure, Real Estate Development

See all updates »

Stephen Thomas

Non-disclosure agreements: A word to the wise to entrepreneurs

As a startup, one of the most exciting moments in your company’s growth is receiving a proposal from a large strategic or market player who wants to engage in a technical interchange in support of a potential business…more

Boilerplate Language, Business Plans, Confidential Information, Contract Drafting, Contract Negotiations

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James Toscano

Florida Tort Reform and Negligent Security Liability: New Requirements for Multifamily Property Owners

Aimed at combatting lawsuit abuse, Florida’s recently passed tort reform bill (HB 837/SB 236) makes dramatic changes to the state’s justice system, including negligent security cases against owners and operators of “multifamily…more

Bodily Injury, Florida, Insurance Claims, Insurance Litigation, Insurance Reform

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Laura Walda

“Grossing-Up” Operating Expenses in Commercial Leases

In triple net office leases, tenants are required to reimburse landlords for a portion of the building’s overall operating expenses. These expenses cover the costs of operating and maintaining a commercial property. Operating…more

Commercial Leases, Commercial Tenants, Contract Drafting, Contract Terms, Fixed Operating Expenses

See all updates »

James Walson

Silence is Golden in Lease Renewal Provisions

We previously wrote that commercial lease renewal provisions are void and unenforceable if they rely upon “market rent” with no mechanism to determine the market rent, but what happens when the renewal provision is completely…more

Commercial Leases, Commercial Tenants, Contract Drafting, Lease Term, Renewal Options

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Herin Warner

A Few Things to Know About FedNow and Digital Currency

The Federal Reserve is set to launch its FedNow service on July 1, 2023. Since this service was first announced in 2019, it has generated significant discussion about financial privacy, digital banking and central bank digital…more

Central Bank Digital Currency (CBDCs), Cryptocurrency, Digital Currency, Financial Institutions, Financial Services Industry

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Amanda Wilson

The Corporate Transparency Act is Coming, But FinCEN Grants A Little More Breathing Room

In a significant update to the upcoming implementation of the Corporate Transparency Act (CTA), the Financial Crimes Enforcement Network (FinCEN) has extended the filing deadline for reporting entities formed between January 1,…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

See all updates »

Rebecca Wilson

Osceola County Approves Increase to Impact Fees

On September 9, 2024, the Osceola Board of County Commissioners voted to approve an increase to County mobility impact fees, which will substantially increase the cost of development in the County. Impact fees are a one-time…more

Construction Project, Florida, Impact Fees, Infrastructure, Real Estate Development

See all updates »

Terry Young

COVID-19 Continues to Impact Divorce Proceedings

On May 21, 2020, the Supreme Court of Florida issued an order (Administrative Order AOSC20-23 Amendment 2) regarding Comprehensive COVID-19 Emergency Measures for the Florida State Court. If you are currently in a divorce…more

Coronavirus/COVID-19, Divorce, Marital Assets, Marriage, Notarization

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Lowndes

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