Doing Business in Florida Blog

U.S. Supreme Court Set to (Finally) Resolve Clean Water Act Uncertainty?

January 31, 2022
Brooke E. Humphrey and Sidney C. Bigham, III  |  Infrastructure Bill, Infrastructure Task Force

The U.S. Supreme Court recently agreed to review whether the Ninth Circuit applied the proper test for determining if given wetlands are “waters of the United States” under the Clean Water Act (“CWA”).  The case has broad implications for developers and other private and public property owners in connection with how wetland impacts may be regulated and require approval under the CWA.

Looming Infrastructure Bill Spotlights Recent Amendment to Florida's Public Bonding Law for Construction Projects

August 23, 2021
Adam E. Richards  |  American Jobs Plan, Infrastructure Task Force, Infrastructure Bill

Florida’s fraudulent lien law has been on the books for well over a decade. The law simultaneously created a powerful tool for responding to construction liens while intensifying the scrutiny of lienors and the amounts liened for. Today, a host of caselaw exists to assist the industry in navigating the legal minefield that comes with enforcing construction liens in the Sunshine State. Just two years ago, and perhaps armed with some prescience, the legislature amended Chapter 255, Florida Statutes, in order to create a similar statutory framework for fraudulent bond claims on public projects. Since then, not one single opinion can be found in connection with the new language in Section 255.05(2)(a)(2), Florida Statutes. Yet, with the substantial increase in public construction work, more bond claims will inevitably follow.

The American Jobs Plan: Florida Transit and Transportation

August 12, 2021
Colin M. Roopnarine  |  Infrastructure Task Force, Infrastructure Bill, American Jobs Plan

On August 8, 2021, the Senate voted to move President Biden’s $1 trillion infrastructure bill, the “American Jobs Plan” (“Jobs Plan”), forward with a final vote coming as soon as August 9, 2021. It will then move to the House. Political maneuvering aside, a vital component of the Bill is the investment in transportation, which could exceed $621 billion over an eight-year timeframe. This investment would include public transit, passenger rail systems, improvements of services, and a tremendous backlog of road, highway, bridge and other repairs.

Repurposing of Transit Facilities

June 15, 2021
Javier L. Vazquez  |  Transportation, Transit, Infrastructure Task Force

As passage of a federal infrastructure bill nears, long-awaited transit investment may finally be near as well.  In South Florida in particular, local governments have begun to focus on Transit Oriented Development (TOD) as a means of modernizing transportation options and maximizing efficiencies between transportation and other development.

Florida Poised to Receive Major Investments in Infrastructure Resilience

June 7, 2021
Sidney C. Bigham, III  |  Infrastructure Task Force, Infrastructure Bill

On Friday, May 28, 2021, President Biden unveiled a $6 trillion infrastructure plan. With the Biden Administration’s focus on climate change, substantial funds will be made available to address sea-level rise, and this presents significant opportunities for Florida businesses. Moreover, the Florida Legislature passed several bills during the 2021 session (see, e.g., SB 1954 and 2514) designed to make grant funds available, primarily to local governments, for infrastructure hardening in coastal areas.

Public Infrastructure Contract Solicitations: A Legal Primer

June 1, 2021
Daniel H. Thompson  |  Infrastructure Bill, Infrastructure Task Force

Anyone interested in obtaining government-funded contracts to engage in infrastructure projects in Florida needs to have at least a basic understanding of the law and rules governing the solicitation of such agreements. Federal, state, and local contracting all have their requirements and cultures, from the beginning of the solicitation process through potential litigation to reach contract execution. Still, they share many general principles and procedural similarities.  This blog will focus on the specifics of state solicitations.

Public-Private Partnerships: An Alternative to Tax-funded Infrastructure

May 24, 2021
Dawn M. Meyers and Robert W. Barron  |  Infrastructure Task Force, Infrastructure Bill

President Biden’s proposed Infrastructure Bill comes with a hefty price tag estimated to be approximately $2 trillion. While such legislation has traditionally been paid for with tax hikes and/or the issuance of bonds, Florida is at the forefront of an alternative funding mechanism – public-private partnerships (P3’s).

Take a Second Look: You May Be In The Infrastructure Business

May 3, 2021
Dawn M. Meyers  |  Infrastructure Bill, Infrastructure Task Force, American Jobs Plan

President Biden’s proposed American Jobs Plan has been touted as a vast and far-reaching infrastructure plan. When most of us think of infrastructure, the types of projects that leap to mind include roads and bridges and perhaps some airport improvements. According to the White House “Fact Sheet” on President Biden’s Plan, however, the term “infrastructure” may now have a far more expansive definition. It may include the types of projects you are in the business of providing.