News & Analysis as of

Florida

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

Property Owners Gaining New Tools To Fight ADA Lawsuits

by Shutts & Bowen LLP on

Help may be on the way for property owners sued for alleged violations of Title III of the Americans with Disabilities Act (“ADA”). As covered in a prior post, over the last couple of years, Florida has seen a big...more

Florida Eliminates the Benefit-of-the-Beneficiary Rule

by Charles (Chuck) Rubin on

Historically, the settlor’s intent is the key item in guiding the administration of a trust. Further, a settlor has a pretty free hand in crafting how a trust will operate, subject to some public policy limitations and legal...more

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

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