News & Analysis as of

Florida

Governor Scott Signs Public Records Bill: Relief for Florida Agencies

by Rumberger Kirk & Caldwell on

Florida public agencies have made tremendous efforts in training their staff to comply with their responsibility under the Florida Public Records Act. Unfortunately, one technical mistake has turned this law into the Lawyer’s...more

Florida Administrative Judge Increases The Number Of Medical Marijuana Licenses By Two

by Fox Rothschild LLP on

While we wait to see if the Florida Legislature will call a special session to get regulations passed to implement Amendment 2, now comes news that a Florida Administrative Judge has ruled in favor of two growers who who had...more

LeBron, Stephan and the Essence of Florida Non-Competes

by Burr & Forman on

As this blog post goes to press, the Cleveland Cavaliers and the Boston Celtics just began their series to determine which team will face the winner of the series between the Golden State Warriors and the San Antonio Spurs....more

Florida Homestead Exemption Audits Are Big Business

by Akerman LLP on

Florida Property Appraisers, primarily in the populated coastal counties, are combing the nation for taxpayers availing themselves of any other resident related benefit in addition to their Florida Homestead Exemption. The...more

Florida Wills go Electronic

by Charles (Chuck) Rubin on

A bill has cleared both Houses of the Florida legislature authorizing electronic wills and electronic will execution in Florida. Absent an unexpected veto by Gov. Scott, the last wills of testators may now precede them into...more

Limited Impact of New Florida Law Deeming Uber, Lyft and Other Ride-Sharing Drivers Independent Contractors and Not Employees

by Pepper Hamilton LLP on

On May 9, 2017, Governor Rick Scott of Florida signed the Transportation Network Companies Act (HB 221), which designates drivers for ride-sharing companies in the on-demand or gig economy as “independent contractors” as long...more

Alleged Violations of Florida Building Code Not Subject to Class Treatment

by Carlton Fields on

Two couples who own homes in central Florida attempted to bring a class action against a homebuilder, stemming from alleged violations of Florida’s building code. Section 553.84, Florida Statutes, provides for such a private...more

Florida Bar Admission Proceedings Why You Need Counsel

When you apply for admission to The Florida Bar you are opening up every aspect of your life for investigation and scrutiny by the Florida Board of Bar Examiners (BOBE). Should you retain experienced counsel to assist you in...more

Clock Runs Out On Medical Marijuana In The Florida Legislature

by Fox Rothschild LLP on

Unless a special session is called, the Florida Legislature closes out this session with no agreement on medical marijuana. Issues related to the number of grower licenses and how those licenses would be linked to...more

As Time Runs Out – Florida Senate Passes Medical Marijuana Bill

by Fox Rothschild LLP on

With time running out in the session, Florida’s Senate passed SB 406 (regulations to implement Amendment 2) late last night. Now, the Florida Senate and House need to work out their differences, see my recent post on the...more

Florida Non-Compete Agreement Enforceable Against a Georgia Resident

by Burr & Forman on

Readers of this blog are aware that Florida has a statute that specifically allows employers and employees to agree in writing to restrict – for a defined period of time – the future employment of a departing employee. These...more

In Florida, House Bill 805 Will Likely Allow Insurance Policy Transfers

by Carlton Fields on

The Florida Legislature passed House Bill 805, regarding insurance policy transfers. If, as anticipated, the governor signs the bill into law, it will allow insurance companies writing personal lines residential and...more

Finally Relief for Florida Agencies Safe Harbor with Public Records Requests

Florida public agencies have made tremendous efforts in training their staff to comply with their responsibility under the Florida Public Records Act. Unfortunately, one technical mistake has turned this law into the Lawyer’s...more

Fraud-Free Sunsets: How Financial Professionals Can Deter Financial Elder Abuse in Florida and Reduce Their Own Liability Exposure

by Carlton Fields on

Investment advisers, securities brokers, and other financial professionals who work directly with clients who are age 60 and older have two reasons to learn more about Florida’s financial elder abuse laws....more

Florida House Goes With No Smoking And Limited Licenses, But Unlimited Storefronts For Medical Marijuana

by Fox Rothschild LLP on

In March and April, I posted about two Florida House and one Florida Senate proposals to implement Amendment 2 (which legalized medical marijuana in November 2016). The Florida House of Representatives has now passed HB...more

What to Expect When Buying a Home in Miami

While sellers enjoyed favorable conditions for years, Miami buyers finally have a reason to celebrate. In fact, a recent report placed Miami as the second-best real estate market for buyers....more

Could Daubert be Dying in Florida?

by Cozen O'Connor on

On February 16, 2017, the Florida Supreme Court issued an opinion in In Re: Amendments to the Florida Evidence Code, No. SC16-181, in which the court declined to adopt the Daubert standard, on procedural grounds, for...more

Florida Lawmakers Seek to Bring Virtual Currency into the Fold

by Ballard Spahr LLP on

On Monday, the state of Florida moved a step closer towards amending its money laundering statute to include the nefarious use of bitcoin and other virtual currencies. The bill, H.B. 1379, has sailed through a committee vote...more

Can't Touch This! Florida Supreme Court Says Attorney-Client Privelege Protects Lawyer Referrals to Doctor

by Rumberger Kirk & Caldwell on

Most Florida courts have permitted defendants to explore the relationship between plaintiff firms and the medical providers to whom they refer their clients. Unfortunately, in a 4-3 decision earlier this month, the Florida...more

Establishing Entitlement to Punitive Damages: The Not So Puny Standard

by Fox Rothschild LLP on

Punitive damages may be awarded in civil actions as a form of punishment to deter others from engaging in conduct similar to the defendant. Punitive damages are only available for certain claims, such as intentional torts,...more

Florida Fraudsters Take Advantage of the Delay in Florida’s Implementation of Amendment 2

by Fox Rothschild LLP on

Amendment 2 passed back in November 2016, but the Florida Legislature is moving slowly to implement the necessary regulations for medical marijuana to get to the marketplace. ...more

Oportunidad adicional para una mayor extensión de permisos de construcción y órdenes de desarrollo

Debido a la reciente declaración del gobernador Scott acerca del estado de emergencia por el virus del Zika, quienes cuenten con permisos y órdenes de desarrollo tienen otra oportunidad para suspender el período restante para...more

New P3 Opportunities for Government Technology

Although public-private partnerships (P3s) are frequently associated with physical infrastructure, P3s are inherently flexible and can be utilized for the time and cost-effective delivery of virtually any public good or...more

Additional Opportunity for Increased Extension of Building Permits and Development Orders

Due to Governor Scott’s recent expansion of the State of Emergency issued for the Zika Virus, holders of permits and development orders have another opportunity to toll the period remaining to exercise rights under the permit...more

Recovery of Prejudgment Interest in Negligence Actions in Florida

Florida legislators are considering a bill that would allow Plaintiffs to recover prejudgment interest (“PJI”) in negligence actions. Exposure for Defendants may increase significantly if these legislative efforts are...more

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