On May 8, 2023, Gov. Ron DeSantis signed into law Senate Bill 264, creating Florida Statutes sections 692.201 through 692.205, which prohibits the direct or indirect ownership of various categories of real estate by...more
5/18/2023
/ China ,
Cuba ,
Florida ,
Foreign Ownership ,
Governor DeSantis ,
Indirect Ownership ,
Iran ,
New Legislation ,
North Korea ,
Penalties ,
Property Ownership ,
Reporting Requirements ,
Russia ,
Syria ,
Venezuela ,
Webinars
On May 8, 2023, Gov. Ron DeSantis signed into law Senate Bill 264, creating Florida Statutes sections 692.201 through 692.205, which prohibits the direct or indirect ownership of various categories of real estate by...more
Rising from the ashes of the 2022 law which sunsetted the Reedy Creek Improvement District (RCID), the special district government home to Florida’s Walt Disney World, the “Central Florida Tourism Oversight District” has been...more
On August 6, 2021, DEO updated their guidance to redefine the term “initiated” to also include “the Department will consider a proposed plan amendment to be 'initiated' on the date…...more
On March 29, 2021, Florida Gov. Ron DeSantis signed the first bill of the 2021 Florida legislative session into law — Senate Bill 72 (SB 72) limiting civil liability against businesses for damages related to COVID-19. The...more
On February 25, 2021, an Eastern District of Texas federal judge ruled that the Centers for Disease Control and Prevention’s national eviction moratorium was unconstitutional. The moratorium was enacted by the CDC in...more
On June 24, Gov. Ron DeSantis signed Senate Bill 1084 into law, prohibiting housing discrimination for people with a disability-related need for an emotional support animal (ESA)....more
On June 10, Gov. Ron DeSantis signed HB 1339 into law, making it easier to develop affordable housing throughout Florida. A notable provision within the pages of HB 1339, now Chapter 2020-27, Laws of Florida, allows cities...more
In times of emergency, the functions of different levels of government can often become cloudy. Figuring out which governmental unit has the authority to take a particular action can be confusing at such times. While this...more
3/26/2020
/ Ad Valorem Tax ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Florida ,
Government Agencies ,
Implied Authority ,
Jurisdiction ,
Leadership ,
Municipalities ,
Oversight Duties ,
State and Local Government
With the ongoing spread of the novel coronavirus (COVID-19), and in an effort to limit public gatherings, a number of Florida counties and municipalities have taken the proactive step of canceling or postponing upcoming...more
For many years, the development industry in Florida has been able to extend building permits, development orders, and other government approvals during the time period when the governor declares a state of emergency, pursuant...more
3/18/2020
/ Building Permits ,
Construction Project ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Florida ,
Infectious Diseases ,
Public Health ,
Real Estate Development ,
State and Local Government ,
State of Emergency
Four hundred and fifty-six days after it was approved by more than 57% of the Hillsborough County electorate, legal challenges to a county charter amendment that added a 1% sales tax designed to finance the county’s...more
2/6/2020
/ Appeals ,
Bonds ,
Charter Amendments ,
City Charters ,
Constitutional Challenges ,
FL Supreme Court ,
Florida ,
Infrastructure ,
Oral Argument ,
Pending Litigation ,
Public Transit ,
Sales Tax ,
State and Local Government ,
State Constitutions ,
Surtax ,
Tax Rates ,
Tax Revenues ,
Transportation Corridor
On Friday, June 7, 2019, Gov. Ron DeSantis signed House Bill 5 into law, introducing immediate changes to the process for citizens to propose amendments to the Florida Constitution....more
6/11/2019
/ Citizen Petitions ,
Constitutional Amendment ,
Disclosure Requirements ,
Florida ,
Legislative Agendas ,
New Legislation ,
Proposed Amendments ,
Registration Requirement ,
Signatures ,
State and Local Government ,
State Constitutions
Tucked into Governor DeSantis’ proposed Florida budget is a provision that calls for significant expansion of Florida’s Schools of Hope charter school program....more
3/11/2019
/ Capital Gains ,
Charter Schools ,
Community Development ,
Economic Development ,
Florida ,
Investment Funds ,
Investment Opportunities ,
IRS ,
Opportunity Zones ,
Real Estate Development ,
Real Estate Investments ,
State Budgets ,
Tax Cuts and Jobs Act ,
Tax Deferral ,
Tax Incentives ,
Tax Planning
As a constitutional body that meets once every 20 years, the Florida Constitution Revision Commission is garnering significant attention in the lead-up to the 2019 Florida Legislative Session. ...more
Former Florida Supreme Court Justice Harry Lee Anstead filed a petition for writ of quo warranto directly with the Florida Supreme Court, challenging six of the seven Florida Constitution Revision Commission proposed...more
REAL PROPERTY UPDATE -
Foreclosure/Statute of Limitations & Res Judicata: trial court erred in finding that bank's foreclosure action was barred by statute of limitations and res judicata - U.S. Bank Nat'l Ass'n, etc. v....more
8/2/2018
/ Auto-Dialed Calls ,
Deutsche Bank ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Material Misrepresentation ,
Mortgages ,
Nationstar ,
Res Judicata ,
RESPA ,
Right of Redemption ,
Statute of Limitations ,
TCPA ,
Time Warner Cable ,
Title Insurance ,
US Bank National Association
Earlier this year during its once every 20-year process, the Florida Constitution Revision Commission approved 20 proposed amendments to the Florida Constitution. These proposed amendments were grouped into eight ballot...more
REAL PROPERTY UPDATE -
- Equitable Lien/Foreclosure: lender entitled to an equitable lien, but not entitled to foreclose on that lien where was no showing of default on mortgage from which the lien arose - Rozanski v....more
6/28/2018
/ Action to Quiet Title ,
Condition Precedent ,
Condominium Associations ,
Condominiums ,
Consumer Financial Products ,
Debt Collection ,
Deutsche Bank ,
Equitable Lien ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Foreclosure ,
Foreign Judgments ,
Fraudulent Transfers ,
Insurance Code ,
Midland Funding ,
Mortgages ,
Motion to Vacate ,
Old Republic Title ,
Personal Jurisdiction ,
Restrictive Covenants ,
Specific Jurisdiction ,
Supplemental Jurisdiction ,
TCPA ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Standing: bank's allegation in complaint that it acquired loan and possessed both legal and beneficial interest in note and mortgage prior to filing complaint, coupled with the subsequent...more
6/6/2018
/ Article III ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
HELOC ,
JPMorgan Chase ,
Mortgages ,
Policy Exclusions ,
RICO ,
Standing ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Summary Judgment: incorporation of an affirmative defense by referencing “previously filed pleadings” does not obviate movant’s obligation to comply with particularity requirements mandated by rule...more
5/16/2018
/ Ally Financial Inc ,
American Express ,
Article III ,
Bank of America ,
BAPCPA ,
Chapter 7 ,
Condominiums ,
Consumer Bankruptcy ,
Debt Collectors ,
Deutsche Bank ,
Equifax ,
Exculpatory Clauses ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
HOA Dues ,
Leases ,
Mortgages ,
Negligence ,
Repossess ,
Standing ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
The Florida Board of Trustees of the Internal Improvement Trust (BOT) has publicly noticed a rulemaking workshop to discuss proposed revisions to the administrative rules governing sovereign submerged land leases. The...more
REAL PROPERTY UPDATE -
Lis Pendens: lawsuit to foreclose mortgage on real property is an action "founded on a duly recorded instrument" - National American Home, LLC v Deutsche Bank Nat. Trust Co., Case No. 4D17-2614 (Fla....more
4/25/2018
/ Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Condition Precedent ,
Debt Collection ,
Deutsche Bank ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Lis Pendens ,
Marketable Title ,
Mortgages ,
Pleadings ,
Regulatory Violations ,
RESPA ,
RICO ,
TCPA ,
Title Insurance ,
US Bank National Association
The Florida Constitution Revision Commission (CRC) met in an extended session on April 16, and approved a total of eight ballot measures to revise the Florida Constitution. This extended session acted as the final meeting for...more
For over 40 years, Developments of Regional Impact (DRIs) have been a staple of large-scale real estate development in Florida, necessitating state and regional review to approve even the smallest changes to the 700-plus...more