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Supreme Court Stays OSHA “Vaccinate or Test” Emergency Temporary Standard

February 21, 2022
Terron L. Clark  |  Workplace Vaccine Mandates

On January 13, 2022, the United States Supreme Court granted emergency relief to stay the implementation of the Occupational Health and Safety Administration (“OSHA”)’s Emergency Temporary Standard (“ETS”) regarding COVID-19, often referred to as the “vaccine or test” mandate.

E-Mails Are Official Records

February 10, 2022
Condominiums Association

The Division of Florida Condominiums, Timeshares and Mobile Homes (the “Division”) recently considered the question whether e-mail communications regarding association business between and among the board of directors of a condominium association which are sent to and/or from the board member’s personal computers and devices are official records of the condominium association that must be maintained and made available to unit owners.  

U.S. Supreme Court Set to (Finally) Resolve Clean Water Act Uncertainty?

January 31, 2022
Brooke Lewis Humphrey and Sidney C. Bigham, III  |  Infrastructure Bill, Infrastructure Task Force

The U.S. Supreme Court recently agreed to review whether the Ninth Circuit applied the proper test for determining if given wetlands are “waters of the United States” under the Clean Water Act (“CWA”).  The case has broad implications for developers and other private and public property owners in connection with how wetland impacts may be regulated and require approval under the CWA.

New Fannie Mae Requirements for Condominium and Co-Op Projects

January 28, 2022
Jeffrey R. Margolis  |  Condominiums, Condominiums Association

Following the tragic collapse of the Champlain Tower South Condominium and the resulting concerns over buildings with aging infrastructure, Fannie Mae issued new temporary eligibility requirements for loans secured by units in condominiums or co-op projects with five or more units and insured by Fannie Mae (“Loans”). The temporary requirements became effective as of January 1, 2022, and apply to Loans purchased on or after January 1, 2022, and to Loans delivered into MBS pools with issue dates on or after January 1, 2022.

5 Things You Should Know About the Proposed Revisions to Florida's Construction Defect Statute

January 20, 2022
Jeffrey S. Wertman  |  Construction Defects Claims

A new bill making its way through the Florida Legislature, SB 736, if enacted into law, will significantly affect future construction defect claims

Client Alert: Insurers Continue to Scrutinize ACV/RCV Provisions

January 19, 2022
Insurance, ACV Provisions, RCV Provisions

A Primer on Florida’s Construction Lien Law

September 22, 2021
William O. Diab  |  Construction Litigation, Construction Law

For those construction industry players who need a refresher on an evolving area of law, or for those new to the Sunshine State, the following article serves as a primer on some of the commonly faced issues by property owners and lienors, as well as best practices to maximize your compliance with the statute.

Florida Supreme Court Watch: Sanders v. State Farm

September 3, 2021
Samuel Gilot

Looming Infrastructure Bill Spotlights Recent Amendment to Florida's Public Bonding Law for Construction Projects

August 23, 2021
Adam E. Richards  |  American Jobs Plan, Infrastructure Task Force, Infrastructure Bill

Florida’s fraudulent lien law has been on the books for well over a decade. The law simultaneously created a powerful tool for responding to construction liens while intensifying the scrutiny of lienors and the amounts liened for. Today, a host of caselaw exists to assist the industry in navigating the legal minefield that comes with enforcing construction liens in the Sunshine State. Just two years ago, and perhaps armed with some prescience, the legislature amended Chapter 255, Florida Statutes, in order to create a similar statutory framework for fraudulent bond claims on public projects. Since then, not one single opinion can be found in connection with the new language in Section 255.05(2)(a)(2), Florida Statutes. Yet, with the substantial increase in public construction work, more bond claims will inevitably follow.

The American Jobs Plan: Florida Transit and Transportation

August 12, 2021
Colin M. Roopnarine  |  Infrastructure Task Force, Infrastructure Bill, American Jobs Plan

On August 8, 2021, the Senate voted to move President Biden’s $1 trillion infrastructure bill, the “American Jobs Plan” (“Jobs Plan”), forward with a final vote coming as soon as August 9, 2021. It will then move to the House. Political maneuvering aside, a vital component of the Bill is the investment in transportation, which could exceed $621 billion over an eight-year timeframe. This investment would include public transit, passenger rail systems, improvements of services, and a tremendous backlog of road, highway, bridge and other repairs.

Client Alert: Medical Cannabis - Buyer Beware!

August 11, 2021
Colin M. Roopnarine  |  Medical Cannabis

With signs in the State of Florida all pointing to a possible resumption of medical cannabis licensing (the first of which was rulemaking involving the black farmers and the Pigford case), many businesses and entrepreneurs are once again seeking to capitalize on the financial potential of the Florida market. But…buyer beware!

Cyptocurrency, ATM’s, and You

August 9, 2021
Colin M. Roopnarine  |  Cryptocurrency, Government and Regulatory

Prior to 2018, the State of Florida Office of Financial Regulation, and partially in response to the rise in popularity of crypto currencies and curiously enough, ATM’s to transact business, often required the crypto currency business to obtain a Money Transmitter License.