Doing Business in Florida Blog

Supreme Court Rules Registration, Not Just Application, Required to Sue for Copyright Infringement

March 4, 2019
Geoffrey Lottenberg  |  Copyright, Copyright Infringement

United States Copyright law protects authors of creative works against unwanted copying, distribution, and other acts of infringement.  While registration is not required to have rights, federal courts have historically been split on whether registration is required in order to file an infringement lawsuit. 

What Should Florida’s Regulated Industries Expect This Legislative Session

March 3, 2019
Sha`Ron James  |  Government and Regulatory

Florida businesses, particularly those in regulated industries such as healthcare, transportation, utilities, and financial services, play a vital role in our state’s economy.  Each year, during Florida’s legislative session, the interests of regulated industry stakeholders are front and center, as legislators look to balance the long-term needs of our state with policies that have immediate impact. 

Attorney General Nominee, William Barr, and Fixing Florida’s Medical Marijuana Industry

January 28, 2019
Colin M. Roopnarine  |  Medical Marijuana

Once again, the country is poised to welcome another Attorney General – William Barr.  While many questions abound and speculations swirl around his views and stance on many issues, none may be more impactful in Florida than his views on medical marijuana.  There had always been an air of apprehension with former Attorney General Jeff Sessions,

Miami-Dade County to Consider Ordinance Requiring Disclosure of Special Taxing Districts

January 22, 2019
Jeffrey R. Margolis  |  Real Estate, Residential Real Estate, Taxation

Miami-Dade Board of County Commissioners will consider today for first reading an amendment to the Miami-Dade County Code which would require sellers of residential property located within a special taxing district to disclose to buyers that such property is located within a special taxing district and subject to payment of assessments.

Sometimes It’s Good to be GILTI

January 17, 2019
Bryan S. Appel and Mitchell W. Goldberg

Usually, when Congress implements a new tax, taxpayers and their tax advisors spend countless hours planning their way around such a new tax. When Congress added the global intangible low-tax income (“GILTI”) tax as part of tax reform in December of 2017, many of us had the typical reaction described above – how do we avoid GILTI?

Daily Business Review, "Miami-Dade County Proposes Mandatory Pre-Wiring for Electric Vehicle Charging Stations"

January 7, 2019
Jeffrey R. Margolis  |  Florida Construction, Miami-Dade, Electric Vehicle Charging

As Miami-Dade County’s overall goal of promoting a cleaner, more sustainable environment continues to evolve, plans for adoption of more electric vehicle charging stations throughout the county are progressing.  On January 23, 2019, Miami-Dade County Commissioners will consider an ordinance providing minimum requirements for electric vehicle parking spaces and charging stations.

Let’s Talk About Hemp

December 19, 2018
Colin M. Roopnarine  |  Administrative Law, Medical Marijuana

Why are we talking about hemp? Last week, in passing the 2018 Farm Bill, Congress approved the Bill that essentially legalizes the commercial cultivation of hemp in the United States and has removed hemp from the federal controlled substances list. President Trump is set to sign the Farm Bill within the upcoming coming days or weeks.

Florida’s Rejection of Chevron Deference

December 18, 2018
Colin M. Roopnarine and Daniel H. Thompson  |  Administrative Law, Government and Regulatory

Amendment 6 to the State Constitution has delivered a severe blow to that pillar of state administrative law elucidated in numerous legal opinions and treatises – an agency is afforded great deference in the interpretation of the statutes and rules over which it exercises jurisdiction. 

Assessing Mixed-Use Projects in Florida in 2019

December 11, 2018
Barry D. Lapides  |  Real Estate, Taxation

The desire for live, work and play lifestyles is not slowing down in Florida as major mixed-use projects are continuing to be developed throughout the state, from Miami Worldcenter to the Cascades Project in Tallahassee. However, the popularity of these mixed-use projects has created a legal conundrum.

The Fate of Florida Administrative Law in Light of the Passage of Amendment 6

December 2, 2018
Colin M. Roopnarine and Daniel H. Thompson  |  Administrative Law, Government and Regulatory

On November 6, 2018, the citizens of the State of Florida approved several Constitutional Amendments in unprecedented fashion. This blog concerns only a portion of one of them. Amendment 6 was popularized as a “victims’ rights” amendment, and like many other amendments was bundled with unrelated other “provisions,”.

Tax Breaks for Investment in Opportunity Zones – Proposed Treasury Regulations

October 29, 2018
Bryan S. Appel and Mark Wisniewski  |  Taxation, Opportunity Zone

On Friday, October 19, 2018, the Internal Revenue Service (the “IRS”) released the eagerly anticipated qualified opportunity zone (“O-Zones”) Proposed Treasury Regulations (the “Proposed Regulations”) relating to qualified opportunity funds (“O-Zone Funds”). O-Zone Funds are investment vehicles created by the Tax Cuts and Jobs Act that provide taxpayers, with eligible capital gains, an opportunity

Florida Appellate Court Says Substantial Compliance Sufficient

October 22, 2018
Christopher B. Choquette  |  Appellate Litigation, Insurance

A Florida appellate court issued a significant opinion for Florida’s policyholders. In Himmel v. Avatar Property & Casualty Insurance Company, the Fourth District Court of Appeal reversed a summary judgment a trial court had entered against an insured for failing to comply with the conditions in the insurance policy and ruled there were factual issues