Short Survival Periods May Not Work in Florida

  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” period for representations and warranties, […]

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How to Obtain Multiple Extensions of Permit Expiration Dates

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 […]

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Workers’ Compensation Compliance(Securing It and Consequences for Violation) And, State Authority to Enforce

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. The governing statute, administered by the Department of Financial Services’ Division of Workers’ Compensation (“Division”), is Ch. […]

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“What Was That You Said…A Compliance Examination?”

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 […]

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The Fight Over Short Term Rentals – Two Competing Bills Could Change the Short Term Rental Landscape in Florida

Florida is renowned for its tourism and real estate.  The two are intertwined, a symbiotic relationship that has continued to grow. And yet, the emergence of short term rentals has created a rift in the relationship, and regulation of short term rentals is a hot issue in both local governments as well as the Florida […]

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Pressure’s Building on South Florida’s Urban (Re)Development

Here in South Florida, we are blessed with superb weather, beautiful beaches and a variety of ethnicities and cultures. For these reasons, more and more people flock southward every year; many stay and become residents. With an economy buoyed by tourist dollars and the taxes generated by the hospitality industry, as well as lofty real […]

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