Doing Business in Florida Blog
Condominium and Homeowners Association Transfer Fees; Limitations or Not
January 13, 2020
Jeffrey R. Margolis
Transfer fees are those fees a homeowner's or condominium association may charge a unit owner or homeowner in connection with the sale, lease or other transfer of a condominium unit or home. There are significant differences between transfer fees which are permitted for homeowner’s associations as compared against condominium associations. With respect to transfer fees for condominium associations, Florida law provides that transfer fees may not exceed $100.00 per applicant. Unlike condominium associations, there is no statutory limitation on transfer fees
Florida Adopts Remote Online Notarizations
December 18, 2019
Barry D. Lapides and Gerardo Ortega
Starting on January 1st, 2020, Florida will become the twenty-first state to adopt remote online notarizations (RON), following Governor Ron DeSantis’ signing of House Bill 409 into law. An “online notarization”, as defined under Chapter 117 of the Florida Statutes, is any performance of a notarial act using electronic means in which the principal appears before the notary public by means of audio-video communication technology. The new law will eliminate the need to produce paper documents or personally meet with signers for all notarizations. Before taking advantage . . .
Developer Can Use Working Fund Contributions to Offset its Financial Obligations to a Homeowner Association
October 23, 2019
Jeffrey R. Margolis
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Real Estate Development, Homeowners Association, Working Fund
It is common practice for developers to collect working fund contributions or initial contributions upon the sale of homes in communities operated by homeowner associations. The amount of working fund contributions or initial contributions can be either a specific dollar amount or an amount equal to 2-3 months of association assessments. In a recent opinion, a Florida appellate court ruled that such contributions may be used by the developer to offset the developer’s deficit funding obligation to the homeowner association.
Can You Share the Photos Your Employees Took at Your Annual Picnic?
September 26, 2019
Heidi Howard Tandy and Geoffrey Lottenberg
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Copyright
A recent ruling in the 3rd Circuit, which covers Delaware, New Jersey and Pennsylvania has the potential to impact any work-for-hire agreement, especially for businesses that are incorporated or have operations in one of those states.
Changes at the USPTO for Individual Applicants and Foreign Businesses
September 9, 2019
Heidi Howard Tandy and Geoffrey Lottenberg
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Trademark
During July 2019, the US Trademark Office (the “Trademark Office”) issued a new rule requiring disclosure of a trademark applicant’s home address, and requiring that US attorneys file applications, responses and other pleadings for all individuals that are not US citizens or residents, and all non-US businesses.
Eleventh Circuit Affirms Landlord Liability for Infringing Acts of Its Tenants
August 20, 2019
Geoffrey Lottenberg and Caitlin Trowbridge
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Trademark Infringement
The U.S. Court of Appeals for the Eleventh Circuit, in Luxottica Group, S.p.A. v. Airport Mini Mall, LLC, Case No. 18-10157, 2019 WL 3676340 (11th Cir. Aug. 7, 2019), recently affirmed a ruling in favor of luxury eyewear manufacturer
Are you paying twice for your building permits and inspection fees?
August 11, 2019
Jeffrey R. Margolis
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Government Permitting and Licensing
During the 2019 Legislative Session, HB 7103 passed and was signed into law by Governor Ron DeSantis. HB 7103 amends Section 553.791 of the Florida Statutes by simplifying the building permit process for construction contractors and property owners. Prior to HB 7103,
Certain Physician Non-Competes Are Now Void and Unenforceable in Florida
June 30, 2019
Marianne Curtis and Leonard K. Samuels
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Healthcare
On June 25, 2019, Governor Ron DeSantis approved House Bill 843. On the surface, the legislation addresses a variety of valid healthcare concerns. However, tucked within the bill is a provision whereby the Florida Legislature amended Florida law governing restrictive covenants by invalidating certain restrictive covenants with licensed physicians. Pursuant to the legislation, an entity that employs all of the physicians who practice a certain medical specialty in one county will not be able to restrict its physicians from practicing that specialty in the same county. If the entity entered into such a restrictive covenant with its physicians, the restrictive covenant will be void and unenforceable.
First Amendment Reigns in SCOTUS Trademark Case
June 24, 2019
Geoffrey Lottenberg
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Trademark
Federal trademark law has long since barred applicants from seeking to register “immoral” and “scandalous” trademarks. However, on Monday, the Supreme Court issued a ruling in Iancu v. Brunetti, which struck down this bar on First Amendment grounds.
Alternative Dispute Resolution For Your Hurricane Claim
June 12, 2019
Christopher B. Choquette
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Insurance, Hurricane Insurance Claims
It has been almost two years since Hurricane Irma hit and eight months since Hurricane Michael. While some Florida policyholders are still waiting for a decision from their insurance company, the majority of claims have either been paid or denied
Understanding Commercial Policies: Not So Easy
June 10, 2019
Michael J. Higer
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Commercial Policy
All that glitters isn’t gold when it comes to analyzing coverage with respect to a commercial claim as distinguished from a homeowner’s claim. By that we mean, there are many subtleties, nuances and complexities to a commercial claim which make
Why Hemp?
June 9, 2019
Colin M. Roopnarine
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Cannabis, Hemp
Up until the 2019 legislative session, Florida operated under legislation that allowed for field studies to be conducted by Florida A&M University and the University of Florida. While those studies are ongoing, the practical application of the Farm Bill coupled with Florida House Bill 333 (and its identical companion Senate Bill 1020) will result in the rise of hemp production in Florida . . .