Doing Business in Florida Blog
Legislation to Reform Florida's Construction Defect Law Die in Florida Legislature
May 7, 2017
Jeffrey S. Wertman
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Dispute Resolution
Two bills, HB 1271 and SB 1164, seeking to overhaul Florida’s construction defect law (Chapter 558 of the Florida Statutes), did not make their way out of the Florida Legislature. Although HB 1271 passed all committees, it died on the calendar awaiting second reading. A vote on its counterpart, SB 1164, was temporarily postponed in the Judiciary
Florida Legislature Passes “Public Notice of Pollution Act”
May 3, 2017
Daniel H. Thompson
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Uncategorized
On May 3, 2017, the Florida House of Representatives unanimously voted in favor of the “Public Notice of Pollution Act,” which had already unanimously passed in the Florida Senate as Senate Bill 532. Before final passage SB 532 became part of SB 1018. Governor Scott had previously asked the Florida Legislature to approve and send him a pollution notification bill. He now has announced his intention to sign the bill, which upon enactment will be codified at Sections 403.076-403.078, Florida Statutes, with an effective date of July 1, 2017.
No Funding for Sessions in the War Against Medical Marijuana
May 3, 2017
Colin M. Roopnarine
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Government and Regulatory, Medical Marijuana
For months there has been speculation whether Attorney General Jeff Sessions would enforce federal law against states that have legalized the distribution and use of medical marijuana. Sessions most recently warned that, “…it does remain a violation of federal law to distribute marijuana throughout any place in the United States, whether a state legalizes it or not.”
Homecourt Advantage: Pitfalls, Challenges and Opportunities regarding nonparty witness subpoena motion practice in Federal District and Bankruptcy Court
May 3, 2017
Paul A. Avron
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Bankruptcy/Restructuring
Practitioners Beware: When a client located in the state in which you practice law is served with a subpoena from a federal court located in another state, only the relevant federal court in your state (whether district or bankruptcy court) can adjudicate a motion to quash or otherwise modify the subpoena. A recent decision from a Colorado bankruptcy
The Week in Marijuana (April 24-28, 2017): "Hippies and stoners?…this is about medicine"
April 30, 2017
Colin M. Roopnarine
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Government and Regulatory, Medical Marijuana
As the Red Queen said to Alice in Lewis Carroll’s “Through the Looking Glass,” “Now, here, you see, it takes all the running you can do, to keep in the same place.”
To "C" or Not To "C"? A Triumph of S-Election Form Over Substance
April 24, 2017
Nick Jovanovich and Mark Wisniewski
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Corporate, Tax Litigation
For shareholders of S corporations and their advisors, avoidance of the potentially catastrophic tax consequences resulting from a “blown” S election is always an issue of paramount importance. Due to superior asset protection, limited liability, tax savings and self-employment tax benefits, many Florida business owners have opted to operate their
The Week in Marijuana (April 17-21, 2017)
April 19, 2017
Colin M. Roopnarine
CORRECTION: The 90-day period for patients to maintain a relationship with a “registered” physician to obtain an order for medical marijuana is still creating contention. The outcry had settled for a short while, but is again in full force. So again, with all of the debates, there has been little movement on the more controversial aspects of Amendment 2 implementation.
Legislation to Overhaul Florida's Construction: Defect Law Moving Through the Legislature
April 16, 2017
Jeffrey S. Wertman
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Condominiums, Construction Litigation, Dispute Resolution, Real Estate, Real Estate Litigation, Residential Real Estate
In my March 1, 2017 blog, I discussed how Florida SB 1164 seeks major changes in Florida's construction defect law, including requiring contractors to notify subcontractors of an owner’s notice of defects, requiring notice to and acknowledgment from owners of the risks and benefits of accepting or rejecting repair offers, requiring the claimant or agent
Financial Institution Bankruptcy Act of 2017 – Big Changes for Big Banks
April 16, 2017
Brian G. Rich
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Bankruptcy Code, Bankruptcy/Restructuring, Business Reorganization
When the real estate market and financial markets tumbled during 2007-2008, the fallout was felt by financial institutions from large multi-billion dollar banks to small Community Banks. As these banks struggled to stay alive, a trend emerged for bank holding companies to market and sell a distressed bank through Section 363 of the Bankruptcy Code.
The Week in Medical Marijuana (April 10-14, 2017)
April 16, 2017
Colin M. Roopnarine
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Government and Regulatory, Medical Marijuana
“The more things change, the more they stay the same.” Another week has passed and the legislature continues to wrestle with the dilemma known as “Implementing Amendment 2.”
Note, Although a Recent Decision of the Fourth District Court of Appeal Reconfirms the Existence of an Exception to the “Intra-Corporate Conspiracy Doctrine,” the Exception Is Quite Limited
April 13, 2017
P. Benjamin Zuckerman
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Appellate Litigation, Litigation
In Mancinelli et. al. v. Davis et. al., 42 Fla. L. Weekly D7842 (April 5, 2017), the Fourth District Court of Appeal reconfirmed the existence of an exception to the “intra-corporate conspiracy doctrine,” a doctrine used to insulate company agents (officers, directors, partners, members or employees) from claims that they conspired with their company to
Drones Are in the Air and "Should Also Be on Associations' Agendas”
April 13, 2017
Jeffrey R. Margolis
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Condominiums, Drones, home owners associations, Real Estate Development, Residential Real Estate
Drones may be put to use for a variety of purposes including recreational use, videography and photography, inspection of facilities, and safety purposes. In the near future it is likely that drones will be widely used in commercial ventures including delivery of packages to individual residences. There are so many potential uses for drones that one