Insights

On September 9, the Osceola Board of County Commissioners voted to approve an increase to County mobility impact fees, which will substantially increase the cost of development in the County.

In the July/August 2024 issue of Probate & Property Magazine, attorneys Alvin Miester III and Jonathan B. Cerise discuss the risks landlords face with exclusive use clauses and radius restrictions in commercial leases.

The Live Local Act, originally passed on March 29, 2023, seeks to address Florida's affordable housing issues but has faced challenges. Recently, the Florida Attorney General issued an informal opinion that clarified which zoning districts qualify under the Act.

On August 20, 2024, a federal court in Texas permanently blocked the FTC's rule banning most non-competes.

The Federal Trade Commission’s (FTC) final rule takes effect on September 4, 2024, covering non-competes for U.S. workers in most industries including both employees and independent contractors, with limited carve-outs.

After the Florida Legislature blocked the Orange County Charter Review Committee’s proposed Charter amendments, the Orange County Board of County Commissioners (BCC) has taken on the initiative by proposing new ordinances.

After the Florida Legislature blocked the Charter amendments, the Orange County Board of County Commissioners proposed new rules to create a Rural Boundary and require County approval for property annexations within it.

Effective July 1, 2024, a new Florida law has significantly changed how electric vehicle (EV) charging stations are regulated across the state.

The Osceola Board of County Commissioners is considering a 90-day moratorium on residential development applications for non-residential zoned land.

Recently enacted House Bill 1335 (HB 1335) makes significant administrative changes to the process for obtaining, and maintaining, alcohol and tobacco licenses in Florida.

Osceola County and St. Cloud have proposed increases to their impact fees but have delayed voting on the new schedules until August after hosting required public workshops.

Governor DeSantis signed HB 799 into law on June 27, 2024, impacting all developments subject to covenants or restrictions, whether residential or commercial.

Osceola County, City of St. Cloud, and City of Mt. Dora are all set to vote on proposed increases to impact fees that, if approved, will substantially increase the cost of development in these jurisdictions.

This Father’s Day, fathers in Florida have more rights than last Father’s Day. As of July 1, 2023, new laws were enacted in the state.

The 2024 Atlantic hurricane season starts June 1, with NOAA predicting higher activity. Effective planning and flexibility are essential.

Developers in Florida create HOAs to manage common areas. Initially in control, they later transfer this to homeowners who elect the board, posing challenges.

Red Lobster has filed for Chapter 11 bankruptcy. As the company restructures, customers, employees, and stakeholders need to understand the key points of this development.

The Orlando Museum of Art is challenging the $1.8 million donation restrictions, aiming to use the funds for maintaining its current collection instead of acquiring new artworks.

As one of the fastest growing regions in the United States, Orange County has been working to amend their state-required Comprehensive Plan called, “Vision 2050.”

Orange County is proposing a six-month suspension on processing projects needing Comprehensive Plan amendments, rezonings, and special exceptions.

In Florida, a Notice of Commencement (NOC) must be recorded in the public records of the county where construction of certain property improvements occurs.

On April 12, Florida's request to delay the invalidation of its partial assumption of the Clean Water Act's Section 404 program from the Army Corps of Engineers was denied.

The Federal Trade Commission (FTC) finalized a rule on April 23, 2024, banning non-compete agreements, barring employers from using such clauses in their workforces.

The U.S. Department of Labor has increased the salary threshold for overtime exemptions effective July 1, employees must earn at least $844 per week to qualify for overtime exemption.

The US Appeals Court is sending a crucial question to Florida's Supreme Court in the RJ's International Trading, LLC vs. Crown Castle South, LLC case.

Florida's title fraud is rising, with forged deeds transferring property to fraudsters. A new law requires County Clerks to offer a free recording notification service by July 1.

Beginning June 1, 2024, Florida cuts sales tax on commercial leases from 4.5% to 2.0%, affecting payments after that date, including prepayments.

The Department of Housing and Urban Development released the 2024 Area Median Income and Rent Limits, affecting affordable housing developers like those in Orange County.

As loved ones age, staying vigilant is crucial as exploitation can come from trusted individuals, not just family. Families must be proactive in safeguarding elderly relatives.

Florida Legislature approved a bill signed by Governor DeSantis, addressing concerns about squatters’ rights and streamlining the eviction process for property owners, effective July 1, 2024.

Both landlords and tenants need to consider all possible issues that could lead to disputes regarding each party’s rights and obligations when challenging property tax assessments.

The National Association of Realtors (NAR), which represents more than 1 million Realtors, has agreed to eliminate its standard 6%sales commissions with home sellers.

The United States District Court for the Northern District of Alabama ruled the Corporate Transparency Act unconstitutional. Compliance advised pending appeals.

The U.S. District Court invalidated Florida's Clean Water Act Section 404 assumption, shifting all permitting back to the Army Corps, causing delays and higher costs.

A subcommittee of the Orange County Charter Review suggests changes on rural boundaries and decision-making. Concerns are raised about economic effects and housing availability.

The Florida Legislature amends Live Local Act with SB 328, adding provisions for developments near airports, floor area ratio, height restrictions, parking, bonuses, variances, and exclusions.

HB 1053 proposes increasing distance between alcohol businesses and schools/religious centers in Florida, affecting real estate availability and expansion prospects for hospitality establishments.

Florida senior living facilities must apply for property tax exemptions by March 1, 2024. Various statutes provide exemptions based on facility type and services offered.

Florida bill HB 1053 proposes larger buffer zones for medical marijuana centers near schools.

The 2024 Florida Legislature is currently considering revisions to The Live Local Act via Senate Bill No. 328 and Florida House Bill No. 1239.

Mediation is a confidential process preceding court hearings, involves parties working with a mediator to resolve issues. While empowering, challenges exist in navigating family law matters.

Check out our blogs for the latest news and legal updates. 

Cryptocurrency, the fastest growing investment form, can impact assets in a divorce and should not be ignored in divorce proceedings.

Co-parenting considerations should always be taken into account when negotiating Parenting Plans in divorce or paternity matters.

The Corporate Transparency Act begins Jan 1, 2024, mandating entities to report beneficial ownership to FinCEN, aiming to combat financial crimes.

A Toronto property management company bans electric vehicles over lithium battery fire risks, sparking debates on landlord rights and the challenge of managing innovation and risk.

Florida's pilot program in Lee County, effective August 1, 2023, mandates government-issued photo ID for filing real estate deeds, enhancing security and combating property fraud.

The NLRB's final rule clarifies conditions for joint-employer status under the NLRA, providing guidance on recognizing two or more entities as joint employers.

The ERC program, part of Covid relief, allowed businesses to claim payroll tax credits. Misuse led to an IRS moratorium, but now a withdrawal process is available.

Starting December 1, 2023, Florida lowers sales tax on commercial property leases from 5.5% to 4.5%, applicable to payments for occupancy periods beginning on or after that date.

SB 40, sponsored by Florida Senator Linda Stewart, proposes a new law mandating employers to furnish employees with a copy of their employment contract upon request.

Effective January 1, 2024, changes to Florida Statutes 695.26(1)(c) mandate including witness post office addresses on recorded documents; failure may result in rejection by recording clerks.

Commercial landlords in Florida may expose their properties to contractor liens through tenant work. State law provides protection, yet many landlords overlook it, risking their assets.

DH Form 432is crucial for unwed fathers in Florida, enabling official recognition as the child's biological parents in the presence of witnesses or a notary.

Joe Jonas and Sophie Turner's divorce highlights custody issues. In Florida, parental relocation, changing the principal residence, is legally defined and subject to specific criteria.

Positive changes for developers and property owners as a corrective statute, effective October 1, 2023, addresses a court decision impacting local government policy on public hearing notices.

Silence on rent in a commercial lease renewal provision leads to the extension of all terms, including the expiring rental rate, as per Certified Motors, LLC v. Aventine Hill, LLC.

FinCEN's new rule, part of the Corporate Transparency Act, aims to boost transparency in various sectors, impacting real estate with increased scrutiny and administrative responsibilities.

The ERC program in Covid relief packages offered refundable payroll tax credits to eligible businesses, but misuse led to IRS warnings and a moratorium on processing claims.