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Search Results : Government and Regulatory

Florida’s Rejection of Chevron Deference

December 19, 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. […]

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

December 3, 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,”.[…]

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The Art of Communicating with Regulators

August 20, 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[…]

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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[…]

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We’re All in This Together

June 20, 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[…]

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Winning a Bid Protest before Submitting a Bid

February 12, 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[…]

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The Sun Shines Down on Florida – Alluring Yet Regulated

January 25, 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[…]

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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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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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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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“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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July 31, 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?  Agencies have[…]

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