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
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.
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.
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,”.
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
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
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
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 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?”
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.
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.
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.