News & Analysis as of

Trouble in Paradise: Florida Third DCA’s Opinion in Beyer v. City of Marathon Declaimed as “For The Birds”

Nestled in the center of the Florida Keys lies the City of Marathon; a tropical paradise splitting the Atlantic Ocean and Gulf of Mexico. Recently, Florida’s Third DCA hatched the case of Beyer v. City of Marathon. On...more

Owner/Trustee of 401(k) Plan Accused of Having Eyes Wide Shut on Fiduciary Duties

Last June I blogged about the trend of participant fee class actions moving down to smaller 401(k) Plans. Occasionally, class actions are brought based on other breaches of fiduciary duties, particularly those involving...more

Florida Sinkhole Statute And Recovery Of Attorneys’ Fees Without Bad Faith: Florida Supreme Court Reverses The 5th DCA And...

In Johnson v. Omega Ins. Co., 2016 Fla. LEXIS 2148 (Sept. 29, 2016), the Florida Supreme Court determined that the 5th DCA misapplied and misinterpreted two statutes, the first providing a presumption of correctness to the...more

New Florida Pollution Incident Reporting Rule

The Florida Department of Environmental Protection (DEP) recently issued as a final, effective emergency order a new pollution incident public reporting rule: 62-4.161, Florida Administrative Code. In short, the crux of the...more

Governor Scott Extends State of Emergency For Zika Virus, Providing Additional Extension Opportunity for Certain Development...

This summer Governor Scott issued an emergency declaration applicable to 24 Florida Counties, due to an outbreak of the Zika virus. Florida Statute 252.363 provides an extension for permits and authorizations when the...more

Understanding How Insurance Policy Conditions Apply When There is an Assignment of Benefits

Florida first-party property insurers have seen a dramatic rise in assigned insurance claims. In the typical scenario, an insured assigns her rights to receive insurance proceeds from a loss to a contractor in return for the...more

Florida's Minimum Wage Rises to $8.10 in 2017

Florida’s minimum wage will increase effective January 1, 2017 as follows: - Florida’s minimum wage will increase by five cents from $8.05 to $8.10 per hour. - Florida’s minimum wage for tipped employees will...more

Florida Court Deals Big Blow to Plaintiffs Challenging Rural Electric Cooperatives - Ruling Involved Patronage Capital Case Filed...

Since April 2014, seven cases have been filed in Florida against rural electric cooperatives regarding the distribution of patronage capital. In each of these putative class action cases, the plaintiff – a customer and member...more

Resolving Shopping Center Foreclosures in Florida - Considerations for Lenders

Shopping centers in Florida—and across the country—are increasingly facing financial stress due to factors such as Internet commerce and rent pressures. Rents generated from a shopping center are usually pledged as...more

Executive Order for Hurricane Matthew Provides New Development Approval Extensions

On October 3, 2016, Governor Scott issued Executive Order 16-230 declaring a state of emergency throughout the entire State of Florida, due to the threat posed by Hurricane Matthew. This is one of several emergency...more

Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case

On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist...more

Surrendering Your Property in Bankruptcy Means You Must Actually Surrender It

The title of this article seems self-evident. Lenders, servicers, and others active in the foreclosure arena these past few years know that it has been anything but. Borrowers surrender property in bankruptcy but,...more

As Hurricane Matthew Approaches: A "Top Ten" List for Handling Condominium Association Claims

Condominium association property claims can be contentious and confusing. Large condominium buildings often are the subject of multi-million dollar insurance claims, lawsuits, and appraisals.The “cookie cutter” nature of...more

Medio Oriente es un gran participante en el mercado de bienes raíces del sur de la Florida

No es ningún secreto que Miami se ha convertido en uno de los mercados más atractivos del mundo para los inversores internacionales. Los latinoamericanos, en particular, han tenido una gran influencia en el sector...more

Florida Department of Environmental Protection Adopts Emergency Rule Imposing New Notice Requirements

In response to the storm-related sewage and sinkhole-related discharges at the Mosaic facility in Mulberry, Florida, the Department of Environmental Protection (DEP) published two rulemaking notices on September 27, both...more

Public-Private Partnerships Can Power the Green Economy

At the first presidential debate, Hillary Clinton expressed a desire for the United States to become the “clean energy superpower of the 21st century.” Donald Trump responded that he, too, believes in all forms of energy, but...more

New Developments, New Fees

Orlando Residential Developments Face Park Impact Fees Effective March 1, 2017, Park Impact Fees will be assessed on new residential developments throughout the City of Orlando. The fees are as follows...more

Florida Supreme Court Advises the Eleventh Circuit that A STOLI Policy Cannot Be Rescinded After the Contestability Period

The U.S. Eleventh Circuit Court of Appeals certified 2 questions under Florida law to the Florida Supreme Court relating to 3 STOLI life insurance policies. The Florida Supreme Court rephrased (and conflated) the 2 questions...more

Florida Supreme Court Holds that STOLI Challenges are Barred by Two-Year Contestability Clause

On September 22, 2016, the Florida Supreme Court issued an eagerly-awaited opinion in Wells Fargo Bank, N.A. v. Pruco Life Insurance Co. The Court held that Florida's two-year contestability statute applies to bar an...more

Surviving the Zombie [Foreclosure] Apocalypse

Preparing For A World When Lis Pendens Protections Are All But Ober - “BEWARE REAL PROPERTY LITIGATORS” warns a former chair of the Real Property, Probate and Trust Law Section of the Florida Bar. This advice, given...more

Construction E-Note - September 2016

Pokémon Go is the newest craze to hit smartphones, finding colossal success in America. Some estimates claim that five percent of all android users had installed the game on their phones within one week of launch. Nintendo’s...more

Florida Open for Captive Insurance Business

After several decades, Florida is back in the business of licensing captive insurance companies. On Aug. 11, 2016, the Florida Office of Insurance Regulation issued a license to a nonprofit Florida corporation, pursuant to...more

Liens Recorded Between Foreclosure, Sale Date Ruled Valid by Florida Appellate Court

In a case of first impression among the Florida appellate courts, the Fourth District Court of Appeal held that liens recorded between the foreclosure judgment and the sale date are valid and enforceable against the property...more

Same Verse, Different Chapter: The Statute of Limitations Saga Continues in Florida

The Second District Court of Appeals joins the Third District in affirming a final judgment of foreclosure in favor of the bank in an action based on a breach date that falls outside the five-year statute of limitations under...more

Changes To Florida’s New Anti-Corruption Law Take Effect October 1 - Will Florida Soon Consider Your Business Practices Corrupt?

The Florida Legislature recently responded to growing concerns over public corruption in the state of Florida by amending Florida’s Anti-Corruption Act (FACA). The changes take effect October 1. This paper outlines...more

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