Florida

News & Analysis as of

Can We Talk? Florida Court Rejects Latest Challenge to Med Mal Presuit Authorization Law

In the latest challenge to a Florida law designed to promote early settlement of meritorious medical malpractice claims, the Florida First District Court of Appeal recently rejected a plaintiff’s arguments that 2013...more

A Kickstart to Business: Florida Joins Other States in Passing Intrastate Crowdfunding Exemption

The local charitable campaign that raised funds for new team uniforms is moving to the boardroom as Florida joins more than 20 other states that have passed legislation or enacted regulations permitting some form of...more

Legislature Reins in Addiction Recovery Residences

Florida law makers have decided it is high time to stop allowing addiction recovery residences to operate without regulatory oversight. In its last session, the Florida Legislature passed a new law (CS/CS/HB 21) requiring...more

Recent Legislative Developments Affecting Florida Pharmacies

Florida’s 2015 Legislative Session ushered in two new laws affecting pharmacies: One addressing pharmacist immunizations (HB 279) and the second clarifies that veterinarians are authorized to dispense compounded drugs and...more

Sunset of Distressed Condominium Relief Act Extended

The Distressed Condominium Relief Act enacted as Part VII of the Condominium Act in 2010 (“Act”) was a temporary measure to encourage absorption of unsold condominium units arising as a result of the Great Recession. This...more

Florida drone bill passed into law, more concerns raised about its restrictions

At the end of April, we posted on the passing of S.B. 766 through the Florida State legislature, and now on May 14, 2015, Governor Rick Scott signed into law the Freedom from Unwarranted Surveillance Act, in the State of...more

Eleventh Circuit Dismisses RLUIPA Complaint of “Indigenous/Aboriginal Free Moorish National”

In Bey v. City of Tampa Code Enforcement (11th Cir. 2015), the plaintiff Nura Washington Bey (“Washington”) sued the City of Tampa and its Code Enforcement Officer, Steven Mateyka, after Mateyka cited Washington in connection...more

Judge Endorses Extrapolation Techniques for False Claims Act Whistleblowers

In a lawsuit brought under the False Claims Act ("FCA") a federal district judge in Florida recently rejected a defendant's challenge to a statistical sampling and extrapolation methodology advanced by a qui tam plaintiff's...more

District Court Dismisses Breach Of Contract Claim, Allows Breach Of Duty Of Utmost Good Faith Claim In Reinsurance Dispute

The District Court for the Middle District of Florida recently held that defendant First American Title Insurance Company (“First American”) could maintain its breach of the utmost duty of good faith counterclaim against...more

200 New Condo Towers Planned In South Florida Since May 2011

An exciting announcement was recently made in South Florida - between May 2011 and today more than 200 new condo towers east of I-95 in Miami-Dade, Broward and Palm Beach counties have been scheduled to be built. Yes, this...more

The Womble Carlyle Economic Development Digest - March 12, 2014

Womble Carlyle’s Economic Development Digest aggregates news, opportunities and legislation impacting business in the United States....more

Florida’s False Claims Act – Did You Know It Changed Last Year?

In June 2013, Florida’s legislature significantly amended Florida’s False Claims Act, Fla. Stat. §§ 68.081-68.092 (“FFCA”), effective July 1, 2013. Although these amendments have not received much publicity or commentary,...more

FinCEN Director Discusses 2014 Priorities

On February 20, in remarks to the Florida International Bankers Association Anti-Money Laundering Conference, FinCEN Director Jennifer Shasky Calvery reviewed FinCEN’s key initiatives over the past year and outlined...more

Mayor Speaks Of Miami’s Emergence In Technology Sector

Miami’s technology movement is not on the brink of happening…it is happening and it’s happening now. With the Downtown Development Authority’s success in facilitating hedge fund Universa Investments’ relocation to Miami, and...more

Healthcare Sector Heating Up Throughout South Florida

The University of Miami just announced plans to build a 200,000 square foot medical facility at its main campus in Coral Gables. Currently, many of UM’s medical facilities are concentrated in Miami’s Health District, where...more

Facebook Fishing Expeditions Prohibited

In Root v. Balfour Beatty Const., LLC, 2014 WL 444005 (Fla. 2d DCA February 5, 2014), Florida joined a growing list of courts around the country that expressly prohibit “fishing expeditions” in social media discovery. Root...more

Editorial: Pitfalls In Fla.'s Revised Condo Termination Statute

In 2007, the condominium termination statute (Section 718.117 of Florida Statutes) was completely rewritten to address problems with an aging condominium inventory and declarations that typically required 100 percent of unit...more

Florida Court Holds Insurer Not Estopped From Denying Pre-Tender Costs

In its recent decision in Embroidme.Com, Inc. v. Travelers Prop. Cas. Co. of Am., 2014 U.S. Dist. LEXIS 7715 (S.D. Fla. Jan. 23, 2014), the United States District Court for the Southern District of Florida had occasion to...more

Federal Judge Dismisses All Anti-Kickback Claims in Halifax Hospital Medical Center Case

On January 8, 2014, the U.S. district judge in the Halifax Hospital Medical Center (Hospital) case pending in the Middle District of Florida granted the Hospital's motion to dismiss all of the relator's anti-kickback law...more

Florida Employers May (Still) Terminate Their Employees For Insubordination

In a legal environment where employers often feel the deck is stacked against them, it is good to know that Florida courts will support employers who do not discriminate, when they need to terminate an insubordinate employee....more

Real Estate Tip – Part 2: Planning Board Demands: When Are They Unconstitutional?

Koontz v. St. John’s River Water Management District 133 S.Ct. 2586 (2013) - In our last real estate tip, we saw how the U.S. Supreme Court under the Nollan and Dolan cases test conditions of approval under the 5th...more

Revised Florida LLC Act Takes Effect January 1, 2014 For Newly-Formed LLCs

New Florida LLC Act Does Not Apply To Existing LLCs until January 1, 2015, Unless Prior Application is Elected - Effective January 1, 2014, the Florida Revised Limited Liability Company Act (the “New Florida LLC Act”),...more

Miami Hotel Outlook For 2014

Attracting International Travelers - The economic outlook for the Miami hotel market continues to be positive for 2014. Many expect strong demand and continued growth in the hospitality sector due to increasing numbers...more

Thinking Of Establishing Florida Residency? What To Consider Before Changing Your Legal Residence

Many clients whose family circumstances and employment situation permit them to spend in excess of six months every year in Florida may elect to become Florida residents. The biggest advantage, compared to being Michigan...more

It is Now Illegal in Florida to Drive Too Slow in the Fast Lane

Did you know that in Florida you can get a traffic ticket for driving too slowly? In July, Florida passed a comprehensive highway bill that included a provision to allow police to ticket certain slow drivers. Specifically, it...more

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