Doing Business in Florida Blog

Governor Signs Community Association and Condominium Legislation

March 28, 2018
Jeffrey R. Margolis  |  Condominiums, Real Estate

Following up on my February 16, 2018 post, Florida Governor Rick Scott signed House Bill 617, House Bill 841 and Senate Bill 7087 into law. Senate Bill 7087, which is the comprehensive tax package for the legislative session, authorizes vertical subdivisions of real property, specifically authorizing assessment of a “multiple parcel building” by

Affordable Housing in Florida: The Crisis is Real

March 26, 2018
Iryna Ivashchuk  |  Real Estate, Residential Real Estate

One of the biggest barriers to economic stability for households in the United States is the severe shortage of affordable homes. A household is considered severely cost burdened if it spends more than 30% of its income on housing (rent or mortgage payments). Florida is in the midst of an affordable housing crisis with the third largest homeless

Interesting Data Points From Southeast Multifamily Forum

March 25, 2018
Jeffrey R. Margolis  |  Real Estate

The Southeast Multifamily Forum provided information and statistics regarding the state of the multifamily real estate market, investment opportunities, trends. Below are some of the highlights. State of the Market After the election, growth in the multifamily real estate market picked up, not because of who was elected, but because uncertainty

CFTC Treatment of Cryptocurrencies as Commodities Confirmed by a Federal Court

March 15, 2018
James Sattin  |  Banking and Financial Services Litigation, Cryptocurrency

In its ruling of March 6, 2018 in Commodity Futures Trading Commission v. Patrick K. McDonnell, and Cabbagetech, Corp. d/b/a Coin Drop Markets, the U.S. District Court for the Eastern District of New York confirmed in a settlement order the position taken by the Commodity Futures Trading Commission (the “CFTC”) that (1) “[v]irtual currencies can

There’s No Denying It: Florida Policyholders Have a Right to Insurance Coverage for the First 13 Days of a Water Loss

February 28, 2018
Christopher B. Choquette  |  Insurance

This past week, an intermediate appellate court issued a significant decision in Hicks v. American Integrity Ins. Co. The Court decided that the insurance company had misapplied a policy provision excluding damages caused by the “[c]onstant or repeated seepage or leakage of water… over a period of 14 days or more.” In Hicks, while the insured was out of

Homeowners Association and Condominium Association Related Bills

February 15, 2018
Jeffrey R. Margolis  |  Condominiums, Real Estate

2018 Florida Legislative Session Update The 2018 Florida legislative session is in full swing with a number of proposed bills relating to homeowners associations and condominium association currently being considered. If passed by the legislature and signed into law by the governor, these bills will have a significant impact on operations of homeowners

Turning Off the Spigot of Damages in Construction Cases: The Doctrine of “Avoidable Consequences"

February 14, 2018
Jeffrey S. Wertman  |  Construction Litigation, Dispute Resolution

“Damage control” is often associated with measures taken to offset or minimize damage to reputation, credibility, or public image caused by a controversial act, remark, or revelation. However, the concept of damage control has been and continues to be prevalent in construction cases. The doctrine of “avoidable consequences”, also sometimes

Winning a Bid Protest before Submitting a Bid

February 11, 2018
Dawn M. Meyers  |  Government and Regulatory

Lawyers are often hired to assist clients in protesting or defending a government’s award of a public contract. By the time the lawyer comes on board, however, the bid may have already been won or lost.  Although clients often have experience in preparing responses to governmental solicitations, there are specific issues which should be considered in

The Sun Shines Down on Florida – Alluring Yet Regulated

January 24, 2018
Colin M. Roopnarine  |  Administrative Law, Government and Regulatory

The allure of Florida is undeniable. Whether it is warmer weather or new tax laws giving you the impetus to move, open businesses or have offices in the Sunshine State, it is important to understand how to navigate our highly regulated state.  The State of Florida is, for all intents and purposes, a heavily regulated state, meaning that most activities are overseen by the state government.  In order to practice a profession, sell real estate, sell securities, or operate certain businesses there is a high probability that licenses and/or permits from one or more state agencies would be required prior to operate. The “why?” is no longer important as this method of operation has been firmly entrenched in the state for many decades, despite efforts to reduce such regulation while maintaining the public health, safety and welfare of Floridians.  The functional question though is “how can/should one navigate through these regulations?”

The New Deduction for Pass-Through Entities and Sole Proprietorships

January 21, 2018
Mitchell W. Goldberg, Mark Wisniewski, and Nick Jovanovich  |  Corporate, Taxation

The new tax reform act (H.R. 1), signed into law by President Trump on December 22, 2017, added a new provision to the tax code (i.e., IRC Section 199A), for taxable years beginning after 2017 and before January 1, 2026, which allows taxpayers other than corporations to deduct 20% of their allocable share of qualified business income from pass-through

South Florida Real Estate Bubble Won't Burst in 2018 According to Berger Singerman Survey

January 17, 2018
Real Estate

After new administration’s first year in office, South Florida real estate professionals are optimistic about 2018, but not as positive as last year MIAMI, FL – Jan. 17, 2018 – With the national stock market reaching all-time highs in the past year, many real estate experts have indicated that the U.S. real estate market is bound for a bubble burst. That

Tax Court Giveth and Congress Taketh Away: Taxation of Sale of U.S. Partnership Interests by Foreign Persons and Impact on M&A Transactions

January 15, 2018
Mitchell W. Goldberg  |  Corporate, Mergers & Acquisitions, Taxation

The Tax Cuts and Jobs Act (H.R. 1) (the “Act”), signed by President Trump on December 22, 2017, implemented the most comprehensive overhall of the Internal Revenue Code of 1986, as amended (the “Code”) in decades. In particular, the Act overturned a 2017 Tax Court case, Grecian Magnesite Mining, Indus. & Shipping Co. v. Commissioner, 149 T.C.