Doing Business in Florida Blog

The Regulatory Impact of Florida’s COVID -19 Emergency Declaration

March 17, 2020
Sha`Ron James  |  COVID-19, Coronavirus

Stephen Covey said, “If there’s one thing that’s certain in business, it’s uncertainty,” and today his statement is proven loud and clear.  We are in an unprecedented time which calls for unprecedented measures, for the good of our families, our communities, and our state.  As communities prepare and brace for the effects of Novel Coronavirus Disease 2019 (“COVID-19”), it is important for businesses operating in Florida to understand Florida’s current emergency declaration and to assess the short and long-term impact it has on your organization and industry.   On March 9, 2020, Governor Ron DeSantis issued Executive Order Number 20-52, declaring a state of emergency because

COVID-19: Considerations for Homeowners and Condominium Associations

March 15, 2020
Jeffrey R. Margolis  |  COVID-19, Coronavirus

With over 10 million Floridians living in a community association such as a condominium or homeowner’s association, Florida has more community associations than any other state.  With residents living in relatively close quarters to their neighbors and sharing common areas, there is a rising concern and heightened anxiety about contracting the COVID-19 virus which has been declared by the World Health Organization (WHO) as a global pandemic. As the outbreak continues to expand in the United States, including Florida, community associations should be

Fasten your seat belts: it’s going to be a bumpy ride for all aviation-related businesses.

March 11, 2020
Jordi Guso  |  COVID-19, Coronavirus

Last night, the federal government announced that starting tomorrow the United States will ban travel from most of Europe for 30 days due to the novel coronavirus. The announcement is a further blow to the airline industry that has already been rattled by declining demand. To put things in perspective, following the September 11 attacks, the airline industry lost approximately $19.6 billion in revenue between 2001 and 2002.  The International Air Transport Association now projects that revenue loss to the airlines from the

Don’t Ignore Those IRS Notices!

January 20, 2020
Bryan S. Appel and Mitchell W. Goldberg  |  IRS, Taxation, Internal Revenue Service

Condominium and Homeowners Association Transfer Fees; Limitations or Not

January 13, 2020
Jeffrey R. Margolis

Transfer fees are those fees a homeowner's or condominium association may charge a unit owner or homeowner in connection with the sale, lease or other transfer of a condominium unit or home. There are significant differences between transfer fees which are permitted for homeowner’s associations as compared against condominium associations. With respect to transfer fees for condominium associations, Florida law provides that transfer fees may not exceed $100.00 per applicant. Unlike condominium associations, there is no statutory limitation on transfer fees 

Florida Adopts Remote Online Notarizations

December 18, 2019
Barry D. Lapides and Gerardo Ortega

Starting on January 1st, 2020, Florida will become the twenty-first state to adopt remote online notarizations (RON), following Governor Ron DeSantis’ signing of House Bill 409 into law. An “online notarization”, as defined under Chapter 117 of the Florida Statutes, is any performance of a notarial act using electronic means in which the principal appears before the notary public by means of audio-video communication technology. The new law will eliminate the need to produce paper documents or personally meet with signers for all notarizations. Before taking advantage . . .

Developer Can Use Working Fund Contributions to Offset its Financial Obligations to a Homeowner Association

October 23, 2019
Jeffrey R. Margolis  |  Real Estate Development, Homeowners Association, Working Fund

It is common practice for developers to collect working fund contributions or initial contributions upon the sale of homes in communities operated by homeowner associations.  The amount of working fund contributions or initial contributions can be either a specific dollar amount or an amount equal to 2-3 months of association assessments.  In a recent opinion, a Florida appellate court ruled that such contributions may be used by the developer to offset the developer’s deficit funding obligation to the homeowner association. 

Can You Share the Photos Your Employees Took at Your Annual Picnic?

September 26, 2019
Heidi Howard Tandy and Geoffrey Lottenberg  |  Copyright

A recent ruling in the 3rd Circuit, which covers Delaware, New Jersey and Pennsylvania has the potential to impact any work-for-hire agreement, especially for businesses that are incorporated or have operations in one of those states. 

Changes at the USPTO for Individual Applicants and Foreign Businesses

September 9, 2019
Heidi Howard Tandy and Geoffrey Lottenberg  |  Trademark

During July 2019, the US Trademark Office (the “Trademark Office”) issued a new rule requiring disclosure of  a trademark applicant’s home address, and requiring that US attorneys file applications, responses and other pleadings for all individuals that are not US citizens or residents, and all non-US businesses.

Eleventh Circuit Affirms Landlord Liability for Infringing Acts of Its Tenants

August 20, 2019
Geoffrey Lottenberg and Caitlin Trowbridge  |  Trademark Infringement

The U.S. Court of Appeals for the Eleventh Circuit, in Luxottica Group, S.p.A. v. Airport Mini Mall, LLC, Case No. 18-10157, 2019 WL 3676340 (11th Cir. Aug. 7, 2019), recently affirmed a ruling in favor of luxury eyewear manufacturer

Are you paying twice for your building permits and inspection fees?

August 11, 2019
Jeffrey R. Margolis  |  Government Permitting and Licensing

During the 2019 Legislative Session, HB 7103 passed and was signed into law by Governor Ron DeSantis.  HB 7103 amends Section 553.791 of the Florida Statutes by simplifying the building permit process for construction contractors and property owners.  Prior to HB 7103,

Certain Physician Non-Competes Are Now Void and Unenforceable in Florida

June 30, 2019
Marianne Curtis and Leonard K. Samuels  |  Healthcare

On June 25, 2019, Governor Ron DeSantis approved House Bill 843.  On the surface, the legislation addresses a variety of valid healthcare concerns.  However, tucked within the bill is a provision whereby the Florida Legislature amended Florida law governing restrictive covenants by invalidating certain restrictive covenants with licensed physicians. Pursuant to the legislation, an entity that employs all of the physicians who practice a certain medical specialty in one county will not be able to restrict its physicians from practicing that specialty in the same county.  If the entity entered into such a restrictive covenant with its physicians, the restrictive covenant will be void and unenforceable.