News & Analysis as of

Preemption Florida

Ballard Spahr LLP

Three Members of Congress and U.S. Treasury Express Concerns that Florida Law Prohibiting Banks from Considering Customers’...

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As we previously blogged, a Florida law (Fla. Stat. § 655.0323, entitled “Unsafe and unsound practices”) which became effective July 1, 2024 prohibits federal and state depository institutions conducting business in the state...more

Fisher Phillips

New Florida Law Blocks Certain Local Workplace Rules: Top 3 Things Employers Should Note

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Under a new Florida law, employers will need to turn to state and federal agencies – rather than local governments – for guidance on certain key workplace rules. Specifically, Governor Ron DeSantis signed HB 433 on April 11,...more

Rumberger | Kirk

Florida Develops Comprehensive Plan to Address  Camping and Sleeping on Public Property

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In an effort to address homelessness, effective October 1, 2024, the State of Florida implements its comprehensive plan to preempt local ordinances permitting public camping or sleeping, to provide standards for lawful...more

Bilzin Sumberg

Court Ruling Leaves Florida Law Restricting Foreign Ownership of Real Property Enforceable for All But Two

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On February 1, 2024, the United States Court of Appeals for the Eleventh Circuit partially granted the plaintiffs/appellants’ motion for an injunction pending appeal in Shen v. Simpson, No. 4:23-cv-208-AW-MAF (N.D. Fla....more

Bilzin Sumberg

Live Local Act Glitch Bill

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As expected, within days of the opening day of the 2024 Legislative Session came two proposed “clarification glitch” bills containing several proposed amendments to the Live Local Act.  Senate Bill 328, sponsored by Senator...more

Proskauer - Minding Your Business

Ozempic Gains Popularity, Its Maker Loses First Legal Fight

With Hollywood celebrities speaking out both in favor of and against the use of drugs like Ozempic and Wegovy for weight loss, it was only a matter of time before demand outpaced supply. Although most might believe that...more

Burr & Forman

Live Local Act Makes It Easier to Develop Affordable Housing in FL

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Background - On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act (“LLA” or “Act”), into law, representing a large investment for housing efforts, one of the largest in...more

Akerman LLP

Florida Live Local Act

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On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102 (the Act), otherwise known as the Live Local Act, into law. The Act becomes effective on July 1. This broad-ranging legislation is intended to incentivize the...more

Bilzin Sumberg

New Florida Law to Turbocharge Affordable Housing Development

Bilzin Sumberg on

Governor Ron DeSantis signed into law Senate Bill 102 (“Live Local Act” or the “Act”) on March 28, 2023. The majority of the Live Local Act will go into effect on July 1, 2023, with certain provisions pertaining to tax...more

Shipkevich PLLC

An Overview of Florida's TCPA Laws

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Florida’s July 1, 2021 Senate Bill 1120, commonly referred to as “Florida’s Mini TCPA,” amended the Florida Telemarketing Sales Act (FTSA). This Bill aims to crack down on telemarketing directed to Florida residents. The FTSA...more

Lowndes

CMS Vaccine Rule Stands: Providers Caught Between Federal Mandate and Florida Restrictions

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Late last week, the U.S. Supreme Court lifted the stay of the healthcare worker vaccination mandate (CMS Rule) in 24 states where the CMS Rule had been stayed. The CMS Rule, issued by the Centers for Medicare & Medicaid ...more

Lowndes

Employers in Limbo—OSHA Suspends Vaccination Rule After Fifth Circuit Ruling as Florida Limits Mandates

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On November 12, 2021, the Fifth Circuit Court of Appeals issued its second stay against OSHA’s emergency temporary standard (ETS) requiring large private employers to “vaccinate or test” their employees (a summary of ETS)....more

Littler

Day 2: Application of Florida’s Vaccine Mandate Law

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As we relayed in our prior ASAP, Governor DeSantis signed HB-1B into law on November 18, potentially affecting all Florida employers and certainly causing many to reconsider any policies already adopted relating in any way to...more

Quarles & Brady LLP

Florida Legislation Restricting Workplace Vaccine Mandates — What Florida Employers Need to Know

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Following a special legislative session requested by the Governor to address COVID-19 related matters, on November 18, 2021, Governor Ron DeSantis signed legislation aimed at dismantling COVID-19 vaccine mandates imposed by...more

Littler

New Florida Law Governs Employer Vaccine Mandates

Littler on

On November 15, the Florida Legislature convened for a special session to consider four proposed laws reacting to the recent federal vaccine mandates applicable to various employers throughout the country. ...more

Rumberger | Kirk

It’s No Joke: First DCA Upholds Statutory Fines Against Individual Officials for Violations of Florida Firearms Preemption

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The Florida Legislature has clearly staked out its role in legislating firearms regulations.  It remains the sole authority to implement laws regarding firearms regulations, and Florida’s courts have consistently prevented...more

Carlton Fields

No Refund For You! Voluntary Payment Defense Precludes Class Certification in Florida Red Light Camera Case

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Florida’s Fifth District Court of Appeal (“Fifth DCA”) upheld a denial of certification in a putative class action seeking refunds of fines paid under a red light camera ordinance, ruling that the application of the voluntary...more

Nossaman LLP

STB Jurisdiction Over Intrastate Passenger Rail

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In Florida, All Aboard Florida, a private entity, is about to launch passenger rail service from Miami to West Palm Beach, with future service extending to Orlando. In California, the California High-Speed Rail Authority is...more

Lowndes

Florida Court: State Law Does Not Allow Local Minimum Wage Ordinances

Lowndes on

Miami Beach’s new minimum wage law, which is intended to raise the mandatory citywide wage to $13.31 by 2021, was struck down on Tuesday by a Miami-Dade circuit court judge who ruled that the ordinance was preempted by state...more

Robinson+Cole Data Privacy + Security Insider

Florida Supreme Court Rejects PSQIA Preemption of Florida Constitution

On January 31, 2017, the Florida Supreme Court held that adverse medical incident reports produced in accordance with Florida law cannot constitute confidential and privileged patient safety work product (PSWP) under the...more

BakerHostetler

Amendment 7 Stands Its Ground Against the Federal Patient Safety and Quality Improvement Act

BakerHostetler on

It is well known in Florida that Article X, Section 25 of the Florida Constitution (Amendment 7) provides patients with access to any adverse medical incident report (even involving other patients) created by healthcare...more

Carlton Fields

Amendment 7 Prevails Over Patient Safety Work Product Protections

Carlton Fields on

On January 31, the Florida Supreme Court ruled that the “Patient Safety Work Product” privilege cannot shield Florida health care providers from Amendment 7 requests. The court’s decision in Charles v. Southern Baptist...more

Holland & Knight LLP

Florida Supreme Court: Federal PSQIA Does Not Pre-empt State's Constitution

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In Charles v. Southern Baptist Hospital of Florida, Inc., published on Jan. 31, 2017, the Florida Supreme Court held that the federal Patient Safety and Quality Improvement Act (PSQIA) is not and was never intended to be a...more

Akerman LLP - Health Law Rx

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

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