Doing Business in Florida Blog

Short Survival Periods May Not Work in Florida

November 15, 2017
Phyllis S. Bean  |  Limitations, State & Local Government

Florida law generally invalidates contract provisions seeking to shorten the legal statute of limitations. This squarely conflicts with provisions in many business combination and other commercial contracts that attempt to create shorter time limits for claims under the agreement. For example, an acquisition agreement may provide an 18-month “survival”

The Eleventh Circuit Fundamental-LY Approves of Bar Orders

October 23, 2017
Paul Steven Singerman  |  Bankruptcy Litigation, bankruptcy litigation, Bankruptcy/Restructuring, Business Reorganization, Eleventh Circuit Court of Appeals, Florida Bankruptcy Attorneys, Fundamental Long Term Care; Subject Matter Jurisdiction

On October 19, 2017, the Eleventh Circuit Court of Appeals stated “a bankruptcy court can enjoin any civil action if the outcome could alter the debtor’s rights, liabilities, options, or freedom of action or in any way impacts upon the handling and administration of the bankrupt estate.” In re: Fundamental Long Term Care, No. 16-16462, 2017 WL 46826791 at

DHS and DOS Implementation of Executive Order Imposing Travel and Refugee Ban

October 19, 2017
Adriana Kostencki  |  Business Immigration

On Tuesday, October 17, 2017, U.S. District Court Judge Derrick Watson of Hawaii issued a nationwide temporary restraining order (TRO) in the case Hawaii v. Trump, blocking the majority of the travel restrictions set forth in President Trump’s September 24, 2017 proclamation. The TRO temporarily enjoins the implementation and enforcement of sections 2(a),

Business Immigration Updates for U.S. Corporations and Foreign Investors

October 12, 2017
Adriana Kostencki  |  Business Immigration, Labor & Employment

Premium Processing Now Available for All Petitioners Seeking H-1B Visas On October 3rd, 2017, the United States Citizenship and Immigration Services (USCIS) announced that it resumed premium processing for all H-1B visa extension of stay petitions. With this announcement, employers may now request to upgrade pending H-1B petitions to premium

How to Obtain Multiple Extensions of Permit Expiration Dates

October 11, 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 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.

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.

After Hurricane Irma: Weathering Your Insurance Claim

September 12, 2017
Michael J. Higer and Gina Clausen Lozier  |  Atlantic Hurricane Season, Florida Insurance Litigation, Hurricane Insurance Claims, Hurricane Irma, Hurricane Preparedness, Insurance

As Hurricane Irma barreled through Florida, it left a path of destruction and uncertainty.   First and foremost, we hope that you and your families are safe and recovering well from the storm. We also want you to know that, if you sustained any damage, we are here to provide you with guidance and counsel during the insurance claim process and help ease

Why Amazon’s Foray Into the Retail Grocery Space Should Concern Shopping Center Owners and Their Lenders Too

August 28, 2017
Anthony J. Carriuolo  |  Amazon, Commercial Real Estate, commercial real estate, Real Estate, Real Estate, retail, Whole Foods

Just when you thought Amazon couldn’t get bigger, or couldn’t infiltrate your daily life any deeper, it has. Amazon’s acquisition of Whole Foods is both exciting and troubling.  Exciting, because Amazon already has undertaken significant cost-cutting measures that should reinvigorate interest in shopping at Whole Foods (which was ‘pricey’), and you can

“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.

FinCEN Increases Scrutiny to Combat Money Laundering on Residential Real Estate in Miami-Dade and Palm Beach Counties

August 28, 2017
Joshua B. Brandsdorfer  |  FinCen, Florida real estate, Florida Real Estate Attorney, Money Laundering, Real Estate, Residential Real Estate

Due to the continued effects of money laundering in certain geographically targeted areas, including Miami-Dade and Palm Beach Counties, the Financial Crimes Enforcement Network (FinCEN) has recently increased its investigation into high-end residential real estate transactions. All cash residential real estate transactions with purchase prices over the

The Life Settlement Industry – Bankruptcy Issues – Part 3

August 21, 2017
Leslie Gern Cloyd  |  Bankruptcy Litigation, Bankruptcy/Restructuring, Business Reorganization, life settlements

This third installment of our series delves into the following issues: (1) Are life settlements viewed as securities under applicable state law?  (2) How can the debtor-in-possession, i.e. the debtor in a Chapter 11 bankruptcy case (“DIP”) or the trustee avoid the life settlements going in to grace and/or lapsing due to insufficient funds to make

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?