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Search Results : Government and Regulatory

Collaboration is Key to Successful Opportunity Zone Development in Florida

March 18, 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

What Should Florida’s Regulated Industries Expect This Legislative Session

March 3, 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. 

Florida’s Rejection of Chevron Deference

December 18, 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. 

The Fate of Florida Administrative Law in Light of the Passage of Amendment 6

December 2, 2018
Colin M. Roopnarine and Daniel H. Thompson  |  Administrative Law, Government and Regulatory

On November 6, 2018, the citizens of the State of Florida approved several Constitutional Amendments in unprecedented fashion. This blog concerns only a portion of one of them. Amendment 6 was popularized as a “victims’ rights” amendment, and like many other amendments was bundled with unrelated other “provisions,”.

The Art of Communicating with Regulators

August 19, 2018
Dawn M. Meyers  |  Government and Regulatory

As a lawyer, I am often accused of speaking “legalese.” As such, I can empathize with those in the business community who often confide in me that they have difficulty communicating with government regulators. From misunderstandings to unrealistic expectations, it is all too common for conversations with regulators to go off the rails. Given the

Repairing Your Home or Business After a Hurricane: Know Building Code Requirements

June 21, 2018
Jeffrey Scott Bartel  |  Government and Regulatory, Hurricane Preparedness

Whether you ride out the next hurricane or evacuate to a safer location, invariably one of the first things property owners will do after the storm is inspect their homes and business locations that were in the hurricane's path for damage. Prior to the storm, it is, of course, prudent to record “time-stamped” photos and videos of the interior and

We’re All in This Together

June 19, 2018
Melanie Ann Hines  |  Dispute Resolution, Government and Regulatory, Hurricane Preparedness, Price Gouging

When the Governor declares a storm-related state of emergency, normalcy is suspended. Everyone rushes to stock up on batteries, food, water, ice, and lumber for “boarding up.” Gas stations become parking lots. ATMs run out of cash. Some people flee to hotels; others rent storage facilities for their possessions. For days on end, we are all focused on “the

Winning a Bid Protest before Submitting a Bid

February 11, 2018
Dawn M. Meyers  |  Government and Regulatory

Lawyers are often hired to assist clients in protesting or defending a government’s award of a public contract. By the time the lawyer comes on board, however, the bid may have already been won or lost.  Although clients often have experience in preparing responses to governmental solicitations, there are specific issues which should be considered in

The Sun Shines Down on Florida – Alluring Yet Regulated

January 24, 2018
Colin M. Roopnarine  |  Administrative Law, Government and Regulatory

The allure of Florida is undeniable. Whether it is warmer weather or new tax laws giving you the impetus to move, open businesses or have offices in the Sunshine State, it is important to understand how to navigate our highly regulated state.  The State of Florida is, for all intents and purposes, a heavily regulated state, meaning that most activities are overseen by the state government.  In order to practice a profession, sell real estate, sell securities, or operate certain businesses there is a high probability that licenses and/or permits from one or more state agencies would be required prior to operate. The “why?” is no longer important as this method of operation has been firmly entrenched in the state for many decades, despite efforts to reduce such regulation while maintaining the public health, safety and welfare of Floridians.  The functional question though is “how can/should one navigate through these regulations?”

The Week in Marijuana (November 13-17, 2017)

November 20, 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 through the medical marijuana jungle.

How to Obtain Multiple Extensions of Permit Expiration Dates

October 11, 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 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  |  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.