News & Analysis as of

Florida

State Of Florida Continues To Encounter Delays In Rolling Out Medical Marijuana

by Fox Rothschild LLP on

As I posted previously, the State of Florida missed the deadline to issue more licenses for medical marijuana treatment centers. Florida has also encountered serious delays in processing requests for medical marijuana i.d....more

Florida Argentum Reports That Appeals Court Strikes Down Emergency Stay in Generator Case

Florida Argentum reports that the Florida’s First District Court of Appeal issued a response to its motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order...more

Extension of Property Tax Discount in Miami-Dade and Potentially Other Counties

by Bilzin Sumberg on

On September 4, 2017, Governor Scott issued Executive Order 17-235 in response to anticipated severe damage across Florida due to Hurricane Irma. The Executive Order granted the Florida Department of Revenue authority to...more

Appeals Court Strikes Down Emergency Stay in Generator Case

Florida’s First District Court of Appeal issued a response to Florida Argentum’s motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order invalidating Emergency...more

Disabled Access: A Chance to Fix Your Premises Before Being Sued?

by Akerman LLP - HR Defense on

New legislation seeks to level the playing field for businesses that have been targeted by “drive-by” claims alleging discrimination by customers with disabilities who may have never even gone to visit the place of public...more

Osceola County Passes Ordinance Imposing Six-Month Moratorium on Certain Development

On Monday, November 6, 2017, the Osceola County Board of County Commissioners approved, by a 3-2 vote, an ordinance for a 180-day moratorium on certain types of development that require Comprehensive Plan Amendments (CPAs)...more

The Importance of Maintaining a Safe Construction Site

In October, a Florida jury found a general contractor liable for $45 million for the death of a motorist killed by one of the contractor’s trucks pulling out of a road construction job site. The case highlights the importance...more

Miami Voters Approve "Sea Level Rise" Bond Initiative

Yesterday, Miami voters approved a $400 million dollar general obligation bond initiative with nearly half of the bond money ($192 million) going toward infrastructure projects to specifically, “Reduce Flooding Risks; Improve...more

New Vacation Rental Regulations Coming to Miami-Dade

Miami-Dade County recently passed a new ordinance targeting vacation rentals, which would affect hundreds of active short-term rental properties including those listed on the popular websites AirBnB, HomeAway, and VRBO. This...more

Fall In Florida Means Increase In State Minimum Wage

by Fox Rothschild LLP on

It is pumpkin spike latte time here in Florida which is one of the only signs of fall with our tropical weather. Fall also is time for Florida employers to pay attention to the new 2018 Florida minimum wage. As of January...more

La creatividad para conseguir financiación es necesaria para el éxito de P3 del Tribunal Civil de Miami-Dade

by Bilzin Sumberg on

Mientras el Condado de Miami-Dade continúa avanzando hacia el lanzamiento de una propuesta de asociación público-privada (public-private partnership, P3) del tribunal civil, sus representantes enfatizaron en la necesidad de...more

Positive Ruling On Generator Rules May Not Protect Owners In The Short Term

Notwithstanding what we consider a well-reasoned and proper ruling by an Administrative Law Judge against Governor Scott’s emergency rule on generators and fuel, cautious senior living facility owners may still want to submit...more

Retailer Liability Under The Florida Unfair And Deceptive Trade Practices Act

by Rumberger Kirk & Caldwell on

Retailer Liability Under the Florida Unfair and Deceptive Trade Practices Act - Florida retailers have long been part of products liability litigation based on their position in the chain of distribution. But retailers now...more

Florida Administrative Law Judge Invalidates Governor’s Executive Order Mandating Generators for Senior Housing Facilities

Last week, an Administrative Law Judge ruled against the governor and state agencies regulating senior housing communities, finding that the controversial emergency order did not address a true emergency and as written was...more

Lenders Beware–Retroactive Tax Lien Trumps Recorded Mortgage [Florida]

by Charles (Chuck) Rubin on

Under Florida law, a mortgage lender’s lien against real property takes priority over later filed liens. However, under Fla.Stats. §197.122(1), ad valorem tax liens filed against Florida real property will take priority over...more

Creativity in Funding Necessary for Miami-Dade Civil Courthouse P3 Success

by Bilzin Sumberg on

As Miami-Dade County continues to take steps towards the launch of a proposed civil courthouse public-private partnership (P3), its representatives have stressed the need to bring the right deal to market, balancing the...more

Florida Increases Its Minimum Wage for 2018

On October 13, 2017, the Florida Department of Economic Opportunity (DEO) announced that, effective January 1, 2018, the minimum wage in the State of Florida will increase from $8.10 per hour to $8.25. This increase is tied...more

Florida Nursing Home Tragedy Causes Rethinking of Disaster Preparedness

The recent tragedy in which 12 Florida nursing home residents died when the facility lost power during Hurricane Irma is causing government officials to rethink disaster planning....more

The Pruco Florida Supreme Court decision has been legislatively reversed by a recent amendment to the Florida Viatical Settlement...

by Locke Lord LLP on

The Florida Supreme Court Pruco advisory opinion, Wells Fargo Bank, N.A. v. Pruco Life Ins. Co., 200 So. 3d at 1203 & 1206-07, to the United States Eleventh Circuit Court of Appeals held that an insurer may not challenge the...more

Florida Emergency Power Plan Rule Requires Nursing Homes and Assisted Living Facilities to Obtain Generators by November 15, 2017

by BakerHostetler on

In response to the death of eight nursing home residents after a power failure in Hollywood, Florida during Hurricane Irma, Florida regulators recently issued emergency rules requiring the state’s nursing homes and assisted...more

Florida’s Minimum Wage Rises to $8.25 in 2018

Florida’s minimum wage will increase effective January 1, 2018 as follows: - Florida’s minimum wage will increase by 15 cents from $8.10 to $8.25 per hour. - Florida’s minimum wage for tipped employees will increase by 15...more

New Notice Requirement for Insurers under Florida’s Viatical Settlement Act

by Locke Lord LLP on

Florida has recently adopted amendments to its Viatical Settlement Act. One of the new provisions, Section 626.99292 Notice to life insurance policyholders, provides: “(1) A life insurer shall provide an individual life...more

Florida may have outlawed legitimate premium finance lending

by Locke Lord LLP on

Florida has recently adopted amendments to its Viatical Settlement Act. One of the new provisions, Section 626.9911 (9), defines a prohibited stranger-originated life insurance practice as: - (9) “Stranger-originated...more

Los cambios propuestos en las regulaciones de adquisiciones pueden facilitar las P3

by Bilzin Sumberg on

El condado de Miami-Dade, la jurisdicción más grande del sur de la Florida, está evaluando actualmente asociaciones público-privadas (P3) para varios proyectos de infraestructura importantes. Estos incluyen mejoras...more

Nursing Home Care — Who protects the most vulnerable?

Who protects the elderly citizen? A recent article in Law360 suggested that nursing home claims may rise in the wake of Hurricane Irma and the Hollywood Hills Nursing Home tragedy. The article seemed to downplay the...more

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