Florida’s Senate has just passed SB 76--major legislation which, if likewise passed by the House and signed by the Governor, would substantially and negatively affect the rights and remedies of every homeowner and business owner in Florida.
Although it’s only the first week of April, the Spring of 2021 has already dappled with three significant rulings on the concept of fair use of a third party’s copyright. Fair use is a concept that exists in US copyright law, which allows third parties to use another’s copyright-protected content without obtaining a license, asking for permission or consent, or paying a fee. Judge Pierre Leval, formerly of the Second Circuit, once described it in an article as a court-recognized doctrine that allowed unauthorized reproduction of copyrighted material that would not infringe the copyright holder’s rights.
Student-athletes, schools, and businesses continue to watch closely. Legislatures and governing bodies grapple with the changing landscape of collegiate athletics and the ever-pressing issues surrounding the student-athlete's desire to monetize their name, image, and likeness and otherwise be compensated for their contributions toward their schools. Recent developments, including proposed legislation and newly enacted rules and procedures, are shedding light on the details of how amateur and collegiate athletes can pursue business opportunities.
The construction industry was booming in the United States in the first quarter of 2020 – then COVID-19 hit. The industry has experienced project delays and shutdowns, supply disruptions, increased safety protocols, rising materials costs, and labor shortages in the past year. But with the lessons learned from the 2008 recession and the use of emerging technology, the industry is poised to emerge stronger after the pandemic.
Chapter 558 of the Florida Statutes contains a pre-suit notice and opportunity-to-repair process for construction defect claims. The statute was intended to be a more efficient, alternative dispute resolution mechanism involving a property owner providing written notice of claim to the responsible contractor, subcontractor, supplier, or design professional as a precondition for a construction defect lawsuit.
One of the many adaptations adopted by Florida restaurateurs during the shut-down in an effort to keep their customers happy and their businesses afloat may find itself into the post-COVID mainstream. CS/SB 148 was introduced by Senator Bradley and the Regulated Industries Committee specifically to address the continued ability for restaurants to include alcoholic beverages in to-go orders. It allows an establishment to sell and deliver alcoholic beverage drinks prepared and sealed by an establishment with a “special restaurant license” for off-premises consumption. A “special restaurant license” requires that at least 51 percent of gross food and beverage revenue must be derived from the sale of food and non-alcoholic beverages during the first 60-day operating period and each 12-month operating period thereafter. The Bill also allows for manufacture-sealed beer, wine and liquor and transported in a bag.
Florida Governor Ron DeSantis issued Executive Order No. 21-45 on February 26, 2021, further extending the state of emergency originally declared by Executive Order No. 20-52 for another sixty (60) days until April 27, 2021.
While climate change effects on weather phenomena, including hail, are still emerging, some researchers believe that the hailstorm incidences are spreading into areas previously untouched by hail. In contrast, many others predict that climate change will result in increasingly severe hailstorms.
It’s raining outside and he winds are howling. There are water leaks throughout your home and you are running around your home trying to dry up the puddles and wipe down the watermarks and stains. All the while, you are thinking as soon as the day breaks, you are going to call your insurance company to report the obvious water damage to your home so that it can assist you in making the necessary repairs by paying for the damage.
The Center for Disease Control and Prevention’s Order declaring a national moratorium on residential evictions effective January 31, 2021 through March 31, 2021, was declared unconstitutional by a U.S. District Court in Texas.
Effective February 23, 2021, the Minimum Standard Detail Requirements of the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) for Land Title Surveys are changing. ALTA/NSPS recently adopted revised Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, which, when effective, will supersede the existing standards introduced in 2016.
The Centers for Disease Control and Prevention (CDC) halted residential evictions in September to stop the spread of COVID-19. The order was set to expire at the end of 2020. President Trump recently signed into law a COVID-19 aid package that extends the federal moratorium on evictions until January 31, 2021