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Disclosure of Special Taxing Districts

March 21, 2019
Jeffrey R. Margolis  |  Taxation, Real Estate

My January 23, 2019 post explained that Miami-Dade County was considering an amendment to the Code of Miami-Dade County relating to the disclosures required by a seller of residential property located within a special taxing district. […]

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Legislation to Significantly Refurbish Florida’s Construction Defect Law Moving Through the Legislature

March 20, 2019
Jeffrey S. Wertman  |  Construction Litigation

Florida SB 1246 (related HB 911) seeks major changes to Florida’s construction defect law, Chapter 558, Florida Statutes, including repealing the pre-suit notice and opportunity to repair requirements (notice of claim, reasonable inspection of the property, and settlement offers) and requiring[…]

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Collaboration is Key to Successful Opportunity Zone Development in Florida

March 19, 2019
Sha`Ron James and Brian G. Rich  |  Government and Regulatory, Opportunity Zone

There is a tremendous amount of buzz around the state of Florida regarding Opportunity Zones.  No matter where you stand on the issue of the economic development zones created by President Trump’s Tax Cuts and Jobs Act of 2017, Opportunity Zones provide significant tax[…]

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Supreme Court Rules Registration, Not Just Application, Required to Sue for Copyright Infringement

March 5, 2019
Geoffrey Lottenberg  |  Copyright, Copyright Infringement

United States Copyright law protects authors of creative works against unwanted copying, distribution, and other acts of infringement.  While registration is not required to have rights, federal courts have historically been split on whether registration is required in order to file an infringement lawsuit. […]

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What Should Florida’s Regulated Industries Expect This Legislative Session

March 4, 2019
Sha`Ron James  |  Government and Regulatory

Florida businesses, particularly those in regulated industries such as healthcare, transportation, utilities, and financial services, play a vital role in our state’s economy.  Each year, during Florida’s legislative session, the interests of regulated industry stakeholders are front and center, as legislators look to balance the long-term needs of our state with policies that have immediate impact. […]

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Attorney General Nominee, William Barr, and Fixing Florida’s Medical Marijuana Industry

January 29, 2019
Colin M. Roopnarine  |  Medical Marijuana

Once again, the country is poised to welcome another Attorney General – William Barr.  While many questions abound and speculations swirl around his views and stance on many issues, none may be more impactful in Florida than his views on medical marijuana.  There had always been an air of apprehension with former Attorney General Jeff Sessions,[…]

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Miami-Dade County to Consider Ordinance Requiring Disclosure of Special Taxing Districts

January 23, 2019
Jeffrey R. Margolis  |  Real Estate, Residential Real Estate, Taxation

Miami-Dade Board of County Commissioners will consider today for first reading an amendment to the Miami-Dade County Code which would require sellers of residential property located within a special taxing district to disclose to buyers that such property is located within a special taxing district and subject to payment of assessments.[…]

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Sometimes It’s Good to be GILTI

January 18, 2019
Bryan S. Appel and Mitchell W. Goldberg

Usually, when Congress implements a new tax, taxpayers and their tax advisors spend countless hours planning their way around such a new tax. When Congress added the global intangible low-tax income (“GILTI”) tax as part of tax reform in December of 2017, many of us had the typical reaction described above – how do we avoid GILTI?[…]

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Miami-Dade County Proposes Mandatory Pre-Wiring for Electric Vehicle Charging Stations

January 8, 2019
Jeffrey R. Margolis  |  Florida Construction, Miami-Dade, Electric Vehicle Charging

As Miami-Dade County’s overall goal of promoting a cleaner, more sustainable environment continues to evolve, plans for adoption of more electric vehicle charging stations throughout the county are progressing.  On January 23, 2019, Miami-Dade County Commissioners will consider an ordinance providing minimum requirements for electric vehicle parking spaces and charging stations.[…]

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Let’s Talk About Hemp

December 20, 2018
Colin M. Roopnarine  |  Administrative Law, Medical Marijuana

Why are we talking about hemp? Last week, in passing the 2018 Farm Bill, Congress approved the Bill that essentially legalizes the commercial cultivation of hemp in the United States and has removed hemp from the federal controlled substances list. President Trump is set to sign the Farm Bill within the upcoming coming days or weeks.[…]

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Florida’s Rejection of Chevron Deference

December 19, 2018
Colin M. Roopnarine and Daniel H. Thompson  |  Administrative Law, Government and Regulatory

Amendment 6 to the State Constitution has delivered a severe blow to that pillar of state administrative law elucidated in numerous legal opinions and treatises – an agency is afforded great deference in the interpretation of the statutes and rules over which it exercises jurisdiction. […]

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Assessing Mixed-Use Projects in Florida in 2019

December 12, 2018
Barry D. Lapides  |  Real Estate, Taxation

The desire for live, work and play lifestyles is not slowing down in Florida as major mixed-use projects are continuing to be developed throughout the state, from Miami Worldcenter to the Cascades Project in Tallahassee. However, the popularity of these mixed-use projects has created a legal conundrum.[…]

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