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HOA Blog Part V: Distinguishing Between Condo and HOA Fees, Fines, and Penalties

Published: July 10th, 2017

By: Brian M. Stephens Peter M. Dunbar

Back in Part 1 of this series, we noted that subtle distinctions exist between the rules regulating condominiums versus rules regulating homeowner’s associations. And, in keeping with that subtly, much of what has been discussed in Parts 2, 3, and 4, of this series is equally applicable to condo and homeowner’s associations. Here, however, it […]

Land Development Permit Extensions – State of Emergency for Brush Fires Extended

Published: July 6th, 2017

By: W. Lee Dobbins

On April 11, 2017, Governor Scott issued Executive Order No. 17-120 declaring a State of Emergency for the entire State of Florida due to extensive brush fires caused by drought conditions. The emergency declaration was for 60 days and would have expired on June 10.  However, on June 9, 2017, Governor Scott issued Executive Order […]

Florida Opioid Epidemic Leads to Land Development Permit Extensions

Published: May 31st, 2017

By: W. Lee Dobbins

On May 3, 2017, Governor Scott issued Executive Order No. 17-146 declaring a State of Emergency for the entire State of Florida due to the opioid epidemic. The emergency declaration is for 60 days. Florida Statute 252.363 allows for the extension of the termination dates of certain land development approvals for the duration of any […]

Homebuilders and Contractors Beware

Published: May 3rd, 2017

By: Michael J. Furbush Thomas P. Wert

Construction Defect Claims May Be Filed More Than Ten Years After Construction is Complete A statute of repose sets a firm deadline by which a lawsuit may be filed after the occurrence of a particular event. Once the statute expires, a prospective defendant is no longer exposed to legal action. Florida has a ten-year statute […]

Florida Brush Fires Allow Land Development Permit Extensions

Published: April 18th, 2017

By: W. Lee Dobbins

On April 11, 2017, Governor Scott issued Executive Order No. 17-120 declaring a State of Emergency for the entire State of Florida due to extensive brush fires caused by drought conditions. The emergency declaration is for 60 days. Florida Statute 252.363 allows for the extension of the termination dates of certain land development approvals for […]

The Florida Commercial Rent Tax: Four Traps for the Unwary

Published: March 28th, 2017

By: Robert S. Goldman

As the only American state with a sales tax on commercial rentals, Florida has a history of presenting businesses with unwelcome surprises in the form of audit assessments. What follows below is a summary of the top four misunderstandings that create taxpayer exposure. Tax base is broader than just “rent.” The measure of tax is […]

Mark Leavitt Quoted in Florida Today on Eminent Domain

Published: February 14th, 2017

By: Mark R. Leavitt

Dean Mead litigation attorney, Mark R. Leavitt, is quoted in the article titled, Is a Slice of Jetty Park up for Grabs to Developers?, published in the online edition of Florida Today, February 3, 2017. Read the article here: Is a Slice of Jetty Park up for Grabs to Developers?

When Do Disclaimer Clauses Bar Fraud Claims?

Published: February 14th, 2017

By: Darryl M. Bloodworth

When Do Disclaimer Clauses Bar Fraud Claims: Billington v. Ginn-La Pine Island, Ltd., 192 So.3d 77 (Fla. 5th DCA 2016) Background of Case The Plaintiff was an investor from the UK who had invested in Bobby Ginn developments previously. In the 2004-06 time frame, he bought two lots in Bella Collina, a high end development in Lake […]