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Florida State Sales Tax Rate on Commercial Real Property Leases Reduced

November 27, 2017
Barry D. Lapides  |  Commercial Real Estate, home owners associations, Real Estate, Real Estate Litigation

Florida State Sales Tax Rate on Commercial Real Property Leases Reduced Beginning January, 2018 As anyone who is involved in leasing commercial real property in Florida is aware, the State of Florida imposes a sales tax on rental payments for the lease of real property. The tax is imposed not only on the base rent, but also on any additional rent, or any[…]

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The Week in Marijuana (Nov. 13 to Nov. 17)

November 21, 2017
Colin M. Roopnarine  |  Government and Regulatory, Medical Marijuana

It’s that time again. With the start of the 2018 state legislative session in Florida just a few weeks away, the annual ritual of committees, subcommittees, and administrative agencies holding hearings to review proposed legislation has begun.  In this blog, I summarize the current activity at the Department of Health (“DOH”) as it meanders its way[…]

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Short Survival Periods May Not Work in Florida

November 16, 2017
Phyllis S. Bean  |  Limitations, State & Local Government

Florida law generally invalidates contract provisions seeking to shorten the legal statute of limitations. This squarely conflicts with provisions in many business combination and other commercial contracts that attempt to create shorter time limits for claims under the agreement. For example, an acquisition agreement may provide an 18-month “survival”[…]

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The Eleventh Circuit Fundamental-LY Approves of Bar Orders

October 23, 2017
Paul Steven Singerman  |  Bankruptcy Litigation, bankruptcy litigation, Bankruptcy/Restructuring, Business Reorganization, Eleventh Circuit Court of Appeals, Florida Bankruptcy Attorneys, Fundamental Long Term Care; Subject Matter Jurisdiction

On October 19, 2017, the Eleventh Circuit Court of Appeals stated “a bankruptcy court can enjoin any civil action if the outcome could alter the debtor’s rights, liabilities, options, or freedom of action or in any way impacts upon the handling and administration of the bankrupt estate.” In re: Fundamental Long Term Care, No. 16-16462, 2017 WL 46826791 at[…]

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DHS and DOS Implementation of Executive Order Imposing Travel and Refugee Ban

October 19, 2017
Adriana Kostencki  |  Business Immigration

On Tuesday, October 17, 2017, U.S. District Court Judge Derrick Watson of Hawaii issued a nationwide temporary restraining order (TRO) in the case Hawaii v. Trump, blocking the majority of the travel restrictions set forth in President Trump’s September 24, 2017 proclamation. The TRO temporarily enjoins the implementation and enforcement of sections 2(a),[…]

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How to Obtain Multiple Extensions of Permit Expiration Dates

October 12, 2017
Daniel H. Thompson  |  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[…]

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Business Immigration Updates for U.S. Corporations and Foreign Investors

October 12, 2017
Adriana Kostencki  |  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[…]

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Workers' Compensation Compliance(Securing It and Consequences for Violation) And, State Authority to Enforce

September 18, 2017
Colin M. Roopnarine  |  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. The governing statute, administered by the Department of Financial Services’ Division of Workers’ Compensation (“Division”),[…]

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After Hurricane Irma: Weathering Your Insurance Claim

September 13, 2017
Michael J. Higer  |  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[…]

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“What Was That You Said...A Compliance Examination?”

August 29, 2017
Colin M. Roopnarine  |  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[…]

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Why Amazon’s Foray Into the Retail Grocery Space Should Concern Shopping Center Owners and Their Lenders Too

August 29, 2017
Anthony J. Carriuolo  |  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[…]

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FinCEN Increases Scrutiny to Combat Money Laundering on Residential Real Estate in Miami-Dade and Palm Beach Counties

August 29, 2017
Josh Brandsdorfer  |  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[…]

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