Doing Business in Florida Blog

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,”.

Tax Breaks for Investment in Opportunity Zones – Proposed Treasury Regulations

October 29, 2018
Bryan S. Appel and Mark Wisniewski  |  Taxation, Opportunity Zone

On Friday, October 19, 2018, the Internal Revenue Service (the “IRS”) released the eagerly anticipated qualified opportunity zone (“O-Zones”) Proposed Treasury Regulations (the “Proposed Regulations”) relating to qualified opportunity funds (“O-Zone Funds”). O-Zone Funds are investment vehicles created by the Tax Cuts and Jobs Act that provide taxpayers, with eligible capital gains, an opportunity

Florida Appellate Court Says Substantial Compliance Sufficient

October 22, 2018
Christopher B. Choquette  |  Appellate Litigation, Insurance

A Florida appellate court issued a significant opinion for Florida’s policyholders. In Himmel v. Avatar Property & Casualty Insurance Company, the Fourth District Court of Appeal reversed a summary judgment a trial court had entered against an insured for failing to comply with the conditions in the insurance policy and ruled there were factual issues

Land Use Reliance Letters – Can you truly rely on them?

October 18, 2018
Dawn M. Meyers  |  Land Use & Zoning

It has become a common element of a purchaser’s due diligence to obtain a land use reliance letter to confirm certain land use and zoning issues affecting the allowable uses of the property being purchased. Being called a "reliance" letter understandably creates the perception that the recipient of such a letter may rely on the

Considerations When Buying Contaminated Property

October 15, 2018
Jeffrey R. Margolis  |  Environmental, Real Estate

The availability of large tracts of land on which to build new projects in advantageous locations is shrinking. As a result, there is a growing trend of buyers considering the purchase of properties with unresolved environmental issues that they never would have considered in the past due to, among other things, potential liability, internal risk

USCIS Reminder: F-1 “Cap-gap” Status and Work Authorization Extension Only Valid Through September 30

October 8, 2018
Adriana Kostencki  |  Business Immigration, Corporate

On September 28, 2018, the U.S. Citizenship and Immigration Services (“USCIS”) issued a reminder that F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only

VLOG - How is a hurricane's path predicted?

October 7, 2018
Gina Clausen Lozier  |  Hurricane Preparedness

VLOG - The Peak of Hurricane Season: Why Now?

September 6, 2018
Gina Clausen Lozier  |  Hurricane Preparedness

It's now the peak of hurricane season. Hurricane season officially begins June 1, and generally, the peak is from mid-August to the middle of October. Why do we see the peak at this time of the year? Watch now to find out!

Tax Aspects of Qualified Opportunity Zone Funds – A Prequel

August 28, 2018
Mark Wisniewski and Bryan S. Appel  |  Taxation, Opportunity Zone

The Tax Cuts and Jobs Act of 2017 (the “Act”), signed into law by President Trump on December 22, 2017, created a series of new tax incentives for taxpayers willing to make long-term investments in certain qualified low-income population census tracts designated by the Governors of each State and certified by the U.S. Treasury as “qualified opportunity

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

The Clock is Ticking on Your Hurricane Irma Loss

August 12, 2018
Christopher B. Choquette  |  Hurricane Preparedness, Insurance

The upcoming date of September 10, 2018 is an important one for Florida’s policyholders as it is the anniversary of Hurricane Irma. It also means policyholders only have two more years to report their Hurricane Irma claim, supplemental claim, or re-opened claim. In 2011, Florida’s legislature passed a law that limited the amount of time for insureds to

What if Your Insurance Company Goes Under?

August 8, 2018
Gina Clausen Lozier  |  Florida Insurance Guarantee Association, Homeowner, Insurance

With Florida’s largest homeowner’s insurance company scoring a D rating in a recent financial analysis, many may be left wondering what happens in the event their insurance company is unable to pay their claims. To protect policyholders during an insurance company’s financial collapse, the legislature created the Florida Insurance Guaranty Association