Some debts can’t be erased in bankruptcy under Section 523. Creditors must act quickly to understand exceptions and protect their rights to recover.
In E.M.D. Sales v. Carrera, SCOTUS ruled employers can prove FLSA exemptions using the lower “preponderance of the evidence” standard—benefiting employers.
Patents are vital for protecting and leveraging intellectual property, offering a competitive edge, market exclusivity, and potential revenue through licensing.
The start of the year is a perfect time to update your estate plan, ensuring your wishes are honored and your loved ones cared for in Florida.
A recent federal court ruling that struck down expanded Title IX protections has implications that could extend well beyond educational institutions.
On Tuesday, January 14, 2025, the Volusia County Council rejected the proposed moratorium on development in the County.
Miami-Dade violated due process by citing code violations using incorrect zoning rules, the Eleventh Circuit Court ruled in two recent appellate decisions.
The Volusia County Council will convene on Tuesday, January 14, 2025, to discuss a potential development moratorium to address flooding issues in the County.
On December 26, 2024, the Fifth Circuit confirmed that the preliminary injunction blocking nationwide enforcement of the Corporate Transparency Act (CTA) remains active.
On Dec. 3, 2024, a Texas federal court issued a nationwide injunction halting enforcement of the Corporate Transparency Act and its reporting rules.
The City of Oviedo has enacted significant revisions to its Land Development Code (LDC), introducing new regulations and standards that will impact future development within the city.
The recent Vitalia at Tradition decision highlights the important, yet sometimes misunderstood, distinction between classes of members and classes of parcels in community governance.
Florida’s commercial real estate market faces rising vacancies, loan delinquencies, and tighter credit. Despite a slight increase in transactions, the outlook remains uncertain.
The Business Law Committee of the Orange County Bar Association held a program discussing the upcoming changes to the Florida Rules of Civil Procedure effective January 1, 2025.
On Tuesday, voters approved several Charter amendments on the ballot in Orange and Seminole Counties that will significantly affect development in these areas.
Orange County suspended land use applications on Oct. 29, 2024, but allowed small-scale submissions through Dec. 11, 2024.
In Osborne v. Drees Homes, a Florida court ruled that vague or expired arbitration clauses may not apply—highlighting the need for clear, well-scoped agreements.
Florida landowners looking to lease their land for hunting purposes should keep several factors in mind.
New NAR rules, effective August 17, 2024, are changing real estate transactions to enhance transparency and fairness following a federal court ruling in October 2023.
New NAR rules starting Aug. 17, 2024, shift commission structures and MLS practices—giving sellers more flexibility but requiring new strategies.
On September 19, 2024, the St. Cloud City Council voted to raise mobility impact fees, following a similar decision by Osceola County on September 9.
Employers must consider mandatory evacuations, power loss, property damage, and HR-related issues during hurricanes, addressing potential liability before, during, and after the storm.
On September 9, Osceola County approved major mobility fee hikes—up to 117% for homes and 1,024% for drive-thrus—raising development costs starting June 18, 2025
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.
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.
