Doing Business in Florida Blog
Business Immigration Updates for U.S. Corporations and Foreign Investors
October 12, 2017
Adriana Kostencki
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Business Immigration, Labor & Employment
Premium Processing Now Available for All Petitioners Seeking H-1B Visas On October 3rd, 2017, the United States Citizenship and Immigration Services (USCIS) announced that it resumed premium processing for all H-1B visa extension of stay petitions. With this announcement, employers may now request to upgrade pending H-1B petitions to premium
How to Obtain Multiple Extensions of Permit Expiration Dates
October 11, 2017
Daniel H. Thompson
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Government and Regulatory, Government Permitting and Licensing, Real Estate, State & Local Government
Florida frequently faces hurricanes, floods, fires, and pestilence. Nonetheless, as Albert Einstein said, “In the middle of adversity there is great opportunity.” In 2011 the Florida Legislature enacted the “State Emergency Management Act,” (the “Act”) Sections 252.31-252.60, Florida Statutes, which gave developers a great opportunity--to obtain potentially long-term extensions of certain environmental permits and development orders based upon the Florida governor’s issuance of multiple declarations of states of emergency under the Act. Governor Scott has issued such declarations, in the form of Executive Orders, with great frequency since 2011. These declarations can become long-term because the Act allows the extensions to piggyback upon each other.
Workers' Compensation Compliance (Securing It and Consequences for Violation) and, State Authority to Enforce
September 17, 2017
Colin M. Roopnarine
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Administrative Law, Government and Regulatory, Hurricane Preparedness, State & Local Government
In light of the devastating storms that have been plaguing the South this year, it is timely to remind those in the construction industry and employers in general of their workers’ compensation obligations in the State of Florida.
After Hurricane Irma: Weathering Your Insurance Claim
September 12, 2017
Michael J. Higer and Gina Clausen Lozier
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Atlantic Hurricane Season, Florida Insurance Litigation, Hurricane Insurance Claims, Hurricane Irma, Hurricane Preparedness, Insurance
As Hurricane Irma barreled through Florida, it left a path of destruction and uncertainty. First and foremost, we hope that you and your families are safe and recovering well from the storm. We also want you to know that, if you sustained any damage, we are here to provide you with guidance and counsel during the insurance claim process and help ease
Why Amazon’s Foray Into the Retail Grocery Space Should Concern Shopping Center Owners and Their Lenders Too
August 28, 2017
Anthony J. Carriuolo
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Amazon, Commercial Real Estate, commercial real estate, Real Estate, Real Estate, retail, Whole Foods
Just when you thought Amazon couldn’t get bigger, or couldn’t infiltrate your daily life any deeper, it has. Amazon’s acquisition of Whole Foods is both exciting and troubling. Exciting, because Amazon already has undertaken significant cost-cutting measures that should reinvigorate interest in shopping at Whole Foods (which was ‘pricey’), and you can
“What Was That You Said...A Compliance Examination?”
August 28, 2017
Colin M. Roopnarine
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Administrative Law, Bank Governance, Bank Regulatory, compliance examinations, financial institutions, Government and Regulatory, Government Legislation, Government Permitting and Licensing, State & Local Government, State of Florida Office of Financial Regulation
Webster’s New World College Dictionary defines “compliance” as, “a complying with or giving in to a request, wish, or demand; acquiescence” or “a tendency to give in readily to others.” The term “compliance” however carries a very specific meaning for financial institutions, and generally refers to the fact that financial institutions must comply with state and federal law. Compliance examinations are the primary means for the state and federal regulators to determine violations of laws and regulations, and the strength of the institution’s compliance program.
FinCEN Increases Scrutiny to Combat Money Laundering on Residential Real Estate in Miami-Dade and Palm Beach Counties
August 28, 2017
Joshua B. Brandsdorfer
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FinCen, Florida real estate, Florida Real Estate Attorney, Money Laundering, Real Estate, Residential Real Estate
Due to the continued effects of money laundering in certain geographically targeted areas, including Miami-Dade and Palm Beach Counties, the Financial Crimes Enforcement Network (FinCEN) has recently increased its investigation into high-end residential real estate transactions. All cash residential real estate transactions with purchase prices over the
The Life Settlement Industry – Bankruptcy Issues – Part 3
August 21, 2017
Leslie Gern Cloyd
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Bankruptcy Litigation, Bankruptcy/Restructuring, Business Reorganization, life settlements
This third installment of our series delves into the following issues: (1) Are life settlements viewed as securities under applicable state law? (2) How can the debtor-in-possession, i.e. the debtor in a Chapter 11 bankruptcy case (“DIP”) or the trustee avoid the life settlements going in to grace and/or lapsing due to insufficient funds to make
Rules
July 30, 2017
Colin M. Roopnarine
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Administrative Law, Government and Regulatory
While speaking with a younger administrative lawyer regarding a state agency matter, I abruptly interrupted his tirade against agencies and the manner in which this particular agency was not following its own statutes, with a very simple question – “What do the rules say?” His response was one of shock and confusion –“Rules? What rules?
Administrative Law in Florida
July 11, 2017
Colin M. Roopnarine
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Administrative Law
Welcome to Florida! Unlike many states, Florida is an “agency intensive” state. This means that quite often, if you want to do anything, get anything, build anything, sell anything, or practice anything professionally, it is highly likely that you will need a license or a permit and/or you will need to have a significant amount of contact with a state agency.
Vlog: Mediation Minute with Former Northern District of Florida Judge Lew Killian
June 29, 2017
Lewis M. Killian Jr.
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Business Reorganization, Mediation
Berger Singerman attorney Lew Killian discusses his role as a mediator and the mediation process. Click here to watch. For more information on this topic, please contact Lewis Killian on the firm’s Business Reorganization Team.
Governor Signs Condominium and Homeowners Association Legislation but Vetoes Legislation Which Would Have Modified the Condominium Sprinkler Retrofit and Life Safety Requirements
June 26, 2017
Jeffrey R. Margolis
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Condominiums, Homeowners Association, Real Estate, Residential Real Estate
Citing to the recent London high-rise fire, Florida Governor Rick Scott vetoed House Bill 653 which, among other things, sought to amend the condominium fire sprinkler retrofitting and life safety systems requirements. However, the Governor signed House Bill 1237 and House Bill 6027 into law on June 26, 2016. The legislation signed by the Governor goes