News & Analysis as of

Florida

Carlton Fields

Florida Appeals Court Decisions Week of April 21 - 25, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Rivers - search and seizure, sentencing - Bidi Vapor v. USFDA - administrative review, pre-market tobacco product application - Henry v. Tuscaloosa Sheriff - sex...more

Kelley Drye & Warren LLP

Florida Sues Snap Using New Social Media Law and Old UDAP Theories

Florida Attorney General James Uthmeier sued Snap, Inc., the operator of the social media platform Snapchat, last week for violations of Florida’s HB 3 (§§ 501.1736–.1738, Fla. Stat. (2024)) and the Florida Deceptive and...more

MG+M The Law Firm

Florida Appeals Court Clarifies Timing for Damages in a Breach of a Construction Contract

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In the case of Bandklayder Dev., LLC v. Sabga, No. 3D23-1906, 2025 WL 15275 (Fla. Dist. Ct. App. Jan. 2, 2025), a Florida Appeals Court followed established Florida precedent holding that damages for a breach of construction...more

Cozen O'Connor

States Crack Down on Tech Platforms Over Child Safety

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New Jersey AG Matthew Platkin and the Division of Consumer Affairs have filed a lawsuit against messaging app provider Discord, Inc., alleging deceptive business practices in violation of state consumer protection laws. The...more

Lowndes

Florida Law Update: Slack Messages May Be Privileged Communication

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Florida’s Sixth District Court of Appeal (6th DCA), which considers appeals from trial courts in an area running from Orange County down to Collier County, recently confirmed that discovery privileges apply to communications...more

Kennedys

Eleventh Circuit expands Florida’s Powell Doctrine

Kennedys on

The Eleventh Circuit’s decision in Kinsale Insurance Company v. Pride of St. Lucie Lodge 1189, Inc., -- F.4th ----, 2025 WL 1142094 (11th Cir. Apr. 18, 2025), has significant implications for the good faith standard...more

Searcy Denney Scarola Barnhart & Shipley

Florida’s Floating Time Bombs: The Legal Dangers of Unregulated Boat Rentals

Millions of tourists, along with local residents, flock to Florida’s pristine waters to take pleasure in the sun and sea while experiencing boating freedom. But beneath the picturesque surface lies a growing and often...more

Rumberger | Kirk

Florida Supreme Court to Resolve Split on Retroactive Application of Presuit Notice Requirements

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The High Court will resolve the dispute among Florida’s District Courts which have issued conflicting rulings. Since its enactment in 2021, Florida Statute § 627.70152 has sparked debate about whether it applies...more

Carlton Fields

Florida Appeals Court Decisions Week of April 14 - 18, 2025

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U.S. Eleventh Circuit Court of Appeals - Kinsale v. Pride of St Lucie - (Fla law) insurance, bad faith, duty to initiate settlement - Pipkins v. Hoover Ala - Fourth Amendment, deadly force - Vargas v. Lincare - False...more

Searcy Denney Scarola Barnhart & Shipley

Does Strict Liability Apply When You’re Injured by Exposure to Toxic Chemicals?

It is becoming almost impossible to avoid being exposed to multiple different chemicals on a daily basis. Companies use them to make their environments look and smell cleaner, to keep pests away, and to save time in...more

Cozen O'Connor

Retroactivity, Appraisal, and Interpleader: Navigating Florida’s Bad Faith Reforms After Cindy Vo v. Scottsdale

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The 2023 amendments to Florida Statute § 624.155, enacted through HB 837, significantly reshaped the landscape of bad faith litigation in Florida. Among the most consequential changes were the additions of two key...more

Rumberger | Kirk

Florida Legislature Seeks To Rescind Restrictions On Medical Malpractice Damages

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With another legislative session nearing the end, many continue to keep a keen eye on certain legislative efforts meant to expand the extent of damages available in medical malpractice lawsuits. The sweeping legislation,...more

Marshall Dennehey

First District Court of Appeal Overturns Attendant Care Award Due to Lack of Specificity in Judge’s Findings

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Girardin v. AN Fort Myers Imports, LLC, Fla. 1st DCA, No. 1D2022-1485, February 19, 2025 - The First District Court of Appeal overturned an award for nonprofessional attendant care because the judge of compensation claims...more

Lowndes

City of Leesburg Denies Proposed Residential Development Moratorium

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As an update to our April 1, 2025, article, the Leesburg City Commission voted on April 14, 2025, to deny the proposed annexation and residential development moratorium....more

Segal McCambridge

Third DCA Reaffirms the Longstanding Playbook on Contract Damages

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Must damages be based on the cost of repair at the time of the breach? What is the time of breach? A recent Florida appellate case might have the answer to these questions. Bandklayder Development, LLC v. Sabga introduces key...more

Hogan Lovells

Politics of housing: The Florida Live Local Act

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Florida’s legislature enacted the Live Local Act (as amended, the “Act”) to encourage the construction of affordable housing across Florida, providing opportunities for residents to live within the communities in which they...more

Goldberg Segalla

One-Time Change: Employers and Carriers Must Go Beyond Simply Authorizing the Benefit

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Florida law entitles injured workers to a one-time change in physicians. This one-time change is a procedural right, per Florida Statute 440.13(2)(f). When the change is granted, the employer or carrier must deauthorize the...more

Akerman LLP - SALT Insights

A “Source” of Consternation? The Taxation of Telecommunications Companies in Florida

Like many states, Florida’s corporate income tax regime has special rules applicable to telecommunications companies. The tricky part about taxing the telecommunications industry is how to source receipts earned from...more

Goldberg Segalla

Florida Jury Awards Plaintiff $18 Million in Asbestos Case against Brake Grinding Manufacturer

Goldberg Segalla on

Court: Florida – 17th Judicial Circuit Court - Plaintiff, Denise J. Guth Cook alleged asbestos exposure from consumer talc products and automobile parts. She specifically alleged bystander and household exposure from...more

Rumberger | Kirk

Legislative Alert: Florida’s HB 1551 and SB 554 Raise Concerns for Insurance Carriers

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It is no secret that insurance rates in the state of Florida have skyrocketed over the past several years. One of the catalysts to the increased rates was Florida’s attorney fee statute, which had the effect of incentivizing...more

Lowndes

Coastal Construction Control Lines in Florida

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If you are buying or financing beachfront property in Florida, you should be aware of the state’s Beach and Shore Preservation Act in Chapter 161, Florida Statutes. This Act was adopted by the legislature to regulate certain...more

Bilzin Sumberg

2025 Live Local Act - Update to Rent Limits

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The Florida Housing Finance Corporation (“FHFC”) recently published the 2025 Income Limits and Rent Limits. These figures reflect more than a 9% increase in most jurisdictions’ rent limits applicable to qualifying Live Local...more

Carlton Fields

Florida Appeals Court Decisions Week of March 31 - April 4, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Alabama Aircraft v. Boeing - trade secrets, misappropriation, contractual limits - USA v. O’Steen - public official, extortion, currency disclosure - Grippa v. Rubin -...more

Bilzin Sumberg

Proposed Bill Would Impact Economic Development Efforts within CRAs

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The Community Redevelopment Act of 1969 authorizes counties and municipalities to create CRAs as a means for redeveloping slums and blighted areas in the community. Once created, CRAs adopt a Community Redevelopment Plan...more

Brownstein Hyatt Farber Schreck

Florida Sends Two More Republicans to Washington

On April 1, Florida held a special election to fill the vacant seats of former Reps. Matt Gaetz (R-FL-01) and Michael Waltz (R-FL-06), who both resigned to join the Trump administration. Republicans successfully retained...more

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