News & Analysis as of

Florida

Oportunidad adicional para extender órdenes de desarrollo y permisos de construcción

El gobernador Scott extendió recientemente el estado de emergencia declarado en respuesta al virus del Zika, por lo que quienes cuenten con permisos u órdenes de desarrollo urbano tendrán una oportunidad aún mayor de...more

That Sinking Feeling: Sinkholes, Florida Law, and Some Questions Raised by The Recent Collapse in Land O' Lakes

The recent catastrophic ground cover collapse in Land O’Lakes attributed to a sinkhole highlights the unique aspects of Florida geology and the impact it can have on the risks faced by building owners and their insurers. In...more

Additional Opportunity to Extend Development Orders & Building Permits

Governor Scott recently expanded the previously declared State of Emergency issued for the Zika Virus, allowing holders of permits and development orders an even greater opportunity to toll the period remaining to exercise...more

State Releases Medicaid Managed Care Invitation to Negotiate

Last Friday, July 14, 2017, the Florida Agency for Health Care Administration (AHCA) released its long awaited Invitation to Negotiate (ITN) for State Wide Medicaid Managed Care services. The ITN, one for each of the 11...more

STB Jurisdiction Over Intrastate Passenger Rail

by Nossaman LLP on

In Florida, All Aboard Florida, a private entity, is about to launch passenger rail service from Miami to West Palm Beach, with future service extending to Orlando. In California, the California High-Speed Rail Authority is...more

Florida Municipalities Debate Dispensaries

by Fox Rothschild LLP on

As a follow up to my post on the City of Boynton Beach having its regulations overturned by Florida state law, other Florida municipalities are debating medical marijuana dispensaries....more

The State Of Florida Vetoed The City Of Boynton Beach’s Local Regulations

by Fox Rothschild LLP on

The City of Boynton Beach, Florida wanted to be ready for the implementation of Amendment 2 (medical marijuana) so they set up their own limits on dispensaries that included the following: One dispensary per 67,000...more

Florida Adopts New Life Insurance Notice Requirement for Changes in Policy "Status"

by Carlton Fields on

On June 26, 2016, a new Florida Statute (Section 626.99292) was signed into law, effective immediately, which imposes problematic policyholder notice requirements on life insurers. The new notice requirements were added by...more

Litigation Over Smoking In Florida

by Fox Rothschild LLP on

As noted in my prior post, when the Florida Legislature finally passed laws to implement Amendment 2 (medical marijuana) it did not include smoking as a permissible use for medical marijuana....more

Accelerated rent and traps for the unwary landlord

by Shutts & Bowen LLP on

Commercial leases often give the landlord the right to accelerate rent through the end of the lease term when the tenant defaults. Acceleration clauses do not usually cause too much controversy in litigation, but there is...more

Florida Legislature Updates And Modernizes Florida's Fictitious Name Act

by Akerman LLP on

Florida Statute §865.09, known as the "Fictitious Name Act," requires any person or entity doing business in Florida under a name other than the person's legal name to register the alternate name, or "fictitious name", with...more

Florida Governor Signs Medical Marijuana Law

by Jackson Lewis P.C. on

Last November, Florida voters overwhelmingly voted to amend the Florida Constitution to permit the use of medical marijuana. The constitutional amendment went into effect on January 3, 2017, and required regulations to be...more

Florida’s New Medical Marijuana Law: What Physicians and Entrepreneurs Need to Know

by Foley & Lardner LLP on

The Legislation implementing the medical marijuana amendment Florida voters approved last fall is on its way to the Governor. On June 9, 2017, during a special session, the Florida Legislature passed SB 8A and SB 6A,...more

Update On Development Approval Extensions Available Under Emergency Declarations

by Akerman LLP on

Over the past several months, Governor Scott has continued to issue emergency declarations, resulting in the opportunity for developers to claim extensions of certain development approvals. Two new states of emergency were...more

The New 2016 ALTA Commitment with Florida Modifications: Expressing the Limitations on Liability

by Carlton Fields on

A significant change to one of the standard title insurance forms recently took effect. The new 2016 ALTA Commitment with Florida Modifications both streamlines the existing features of the title insurance commitment and, for...more

New ALTA Closing Protection Letter With Florida Modifications Corrects Unfortunate Case Law

by Carlton Fields on

The new American Land Title Association (ALTA) Closing Protection Letter (CPL) form recently took effect in Florida. The new form both streamlines the previous CPL’s language and addresses and corrects many of the problems...more

Florida Doubles Brownfield Cleanup And Redevelopment Tax Credits & Adds Innovative Tools For Site Cleanups

by Akerman LLP on

Innovative Florida environmental site cleanup and Brownfield programs received a boost as the 2017 regular session of the Florida Legislature concluded. Yesterday, Governor Scott signed into law a measure designed to add...more

After Special Session Cliffhanger: Florida Legislature Passes Medical Marijuana Implementation Bill

by Akerman LLP on

Florida lawmakers have finally passed legislation to implement Amendment 2, Florida’s medical marijuana constitutional amendment. The breakthrough came during the last afternoon of a three-day special session called after...more

Medical Marijuana Bill Passes During Special Session – Will Employers Also Be Able To Pass?

by Fox Rothschild LLP on

Please see my update, over on Fox’s In the Weeds, on the Florida Legislature’s success in passing a medical marijuana bill during the recent special session. Now we wait on Governor Rick Scott to sign the bill, which he is...more

Florida Legislature Comes Through During Special Session

by Fox Rothschild LLP on

By way of background (see article for prior posts) regarding the Florida Legislature’s prior efforts to pass laws to implement Amendment 2 (medical marijuana passed by Florida’s voters in November 2016) which failed in the...more

The Enforcement Risks for Medicare Advantage Plans Continue: A New False Claims Act Settlement in Florida

Recent activities of the Department of Justice (“DOJ”) and Qui Tam whistleblowers reveal that Medicare Advantage Plans remain at the forefront of investigations for violations of the federal False Claim Act (“FCA”) for...more

Reducción de impuesto a las ventas sobre la renta comercial en Florida

El estado de Florida aplicó un impuesto a las ventas sobre la renta comercial desde 1969. En la actualidad, el impuesto tiene una tasa del 6 por ciento en cada condado, excepto en Miami-Dade, que fija una tasa del 7 por...more

Florida's June Special Session Might Include Medical Marijuana

by Fox Rothschild LLP on

Now, Florida’s legislatures head back to Tallahassee for a special session from June 7th to June 9th. Unfortunately, but also no surprise, medical marijuana is not on Gov. Rick Scott’s list of issues for the special session....more

The 2017 Fla. Legislature Returns To CondoLand

Once again, after a one-year hiatus, the Florida Legislature has produced several condominium bills. Typically, the Legislature passes a single condominium bill into which other approved bills have been...more

Florida Sales Tax on Commercial Rents Reduced

The State of Florida has imposed a sales tax on commercial rents since 1969. Currently, the tax is imposed at the rate of 6 percent in every county except Miami-Dade which fixes the rate at 7 percent by reason of an add-on...more

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