Monthly Archives: May 2019

Assignment Of Benefits: New Law Effective July 1, 2019

A sweeping insurance reform bill was signed into law by the Governor on May 23, 2019.  The law creates two entirely new sections in Chapter 627 of the Florida Statutes, which governs Insurance Contracts.  The bill creates Section 627.7152, Florida … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Extending A Judgment Lien In Florida For The Full 20 Years

Winning a judgment is a lot different than collecting on a judgment. A properly perfected judgment will create a lien against real property owned by the losing party (“judgment debtor”[1]) in the amount of the judgment.  Section 55.10(1) of the … Read Full Post

CATEGORY: Florida Commercial Real Estate And Land Use Law Blog

Avoiding Selective Rules Enforcement For Condo Associations

One of the most challenging aspects of effectively running and operating a condominium association is the constant turnover in board membership and the inconsistency this creates concerning rules enforcement.  Most association board seats are up for reelection every one to … Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas:

Florida 2019 Legislative Update For Local Governments: Permit Fee Transparency

Over the past few years each legislative session in Florida seems to generate new laws that impose various requirements on local governments. Some are labeled “unfunded mandates” and others are described as an assault on “home rule”.  But as bad … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog, Florida Condominium Law Blog, Florida Construction Industry Law Blog Practice Areas: , , , , , ,

The Permitting And Pitfalls Of Coastal Armoring In Florida

According to NOAA, Florida has over 8,400 hundred miles of coastline.  That is second only to Alaska.  Since 2000, 79 tropical or subtropical storms have impacted the state of Florida.  Many of us cringe when we hear the names Floyd, … Read Full Post

CATEGORY: Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , , , , ,

Lease Agreements: Beware of the Lease Renewal Language

Many leases contain renewal language, allowing the lessee to renew the lease term after the original lease term expires.  These provisions sometimes contain notice requirements and fulfillment of certain conditions precedent.  In some instances, the leases may automatically renew.  In … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog, Florida Condominium Law Blog Practice Areas: ,

How Do Construction Liens Impact A Commercial Landlord In Florida?

Pursuant to Florida’s construction lien law, an owner of real property who contracts for improvements to the property is subject to construction liens against the property. However, the lien law is somewhat unique for commercial properties, as the commercial landlord … Read Full Post

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Florida’s Banking Statutes of Frauds § 687.0304 Weeds Out Borrower Claims Based On Oral Agreements

Florida’s Banking Statutes of Frauds was enacted in order to curb a 1980s trend of increasing lender liability lawsuits. The enactment of this statute makes it difficult for plaintiffs to maintain tort-based claims that might otherwise flow from the written … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

The Fair Credit Reporting Act

This article provides a high level overview of the The Fair Credit Reporting Act, including its statutory authority and the goals of the Act.  The article examines what steps a furnisher of information, like a bank, credit union, or credit … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , ,