Author Archives: Jimerson Birr
The SAFE Banking Act and Cannabis: Why Banks Should Take Notice
Although the attention of the political world is currently drawn to impeachment hearings and the countless nominees vying for the Democratic presidential nomination, Congress has still found time to work on a bill that would allow banking institutions to transact … Read Full Post
Your Skin Is A Canvas: Tattoo Parlors and the First Amendment
Earlier this year, I wrote about a unique land use issue and some very specific First Amendment free speech implications related to the regulation of charitable donation bins (The Right to Blight – Charitable Donation Bins, Freedom of Speech, and … Read Full Post
Construction Professionals: You can still be forced to arbitrate outside of Florida
Construction professionals who work on large commercial projects are probably familiar with the ins and outs of arbitration clauses that appear in many construction contracts. They may even be familiar with the Florida Statute, § 47.025, that prohibits contractual clauses … Read Full Post
What Construction Professionals Need to Know When Performing Work on Commercial Real Estate
Construction professionals performing work for tenants in a commercial properties face unique challenges. The construction professional doesn’t want to pass up a good job, but his or her lien rights are limited. As a result, construction professionals want to make … Read Full Post
2019 Amendments to Florida’s Riparian Rights Rules (otherwise known as Chapter 18-21, F.A.C.)
Waterfront property is something that has attracted millions of residents to Florida over the years. Whether it be a single-family home, a large homeowners association, a vibrant condo association or a busy commercial marina, the right to utilize the water … Read Full Post
You Break It, You Fix It: Commercial Landlords’ Obligations For Repairs Of The Premises
It seems like common sense that if the lease for a commercial space is silent on the issue of who’s responsible for maintenance and repairs of the Premises, including the infrastructure and equipment serving the Premises, that the landlord would … Read Full Post
The Servicemembers Civil Relief Act: An Introduction For Creditors
Northeast Florida has some of the largest Naval bases in the country and many active duty military personnel call the area home. These servicemembers faces stresses that those of us in civilian life will likely never encounter, such as long … Read Full Post
House Bill No. 7103 – Affordable Housing, Development Review & Impact Fees, Oh My!
During the 2019 legislative session, State Representative Jason Fischer introduced and sponsored House Bill No. 7103. The proposed bill contained language that amended various state statutes, all dealing with development in Florida. On June 28, 2019, Governor Ron DeSantis signed … Read Full Post
Social Purpose Corporations and Benefit Corporations in Florida
Corporations that want to make a profit and, at the same time, act in a socially conscious manner can incorporate as Social Purpose Corporations (“SP Corp.”) or Benefit Corporations (“B Corp.”) under Florida law. This type of structure can help … Read Full Post
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