Doing Business in Florida Blog

Let’s Talk About Hemp

December 19, 2018
Colin M. Roopnarine  |  Administrative Law, Medical Marijuana

Why are we talking about hemp? Last week, in passing the 2018 Farm Bill, Congress approved the Bill that essentially legalizes the commercial cultivation of hemp in the United States and has removed hemp from the federal controlled substances list. President Trump is set to sign the Farm Bill within the upcoming coming days or weeks.

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 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?”

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.

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

August 28, 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 state and federal law.  Compliance examinations are the primary means for the state and federal regulators to determine violations of laws and regulations, and the strength of the institution’s compliance program.

Rules

July 30, 2017
Colin M. Roopnarine  |  Administrative Law, Government and Regulatory

While speaking with a younger administrative lawyer regarding a state agency matter, I abruptly interrupted his tirade against agencies and the manner in which this particular agency was not following its own statutes, with a very simple question – “What do the rules say?”  His response was one of shock and confusion –“Rules? What rules?  

Administrative Law in Florida

July 11, 2017
Colin M. Roopnarine  |  Administrative Law

Welcome to Florida! Unlike many states, Florida is an “agency intensive” state.  This means that quite often, if you want to do anything, get anything, build anything, sell anything, or practice anything professionally, it is highly likely that you will need a license or a permit and/or you will need to have a significant amount of contact with a state agency.