Florida
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WeExpire.org: A 21st Century Message in a Bottle
Safeguarding Your Legacy, Beyond Wills, Trusts, and Deeds As a real estate attorney, I regularly witness the importance of safeguarding your property through the right paperwork and a comprehensive estate plan. However, a well-rounded and comprehensive estate plan can oftentimes extend beyond the four corners of a will or trust agreement. The digital age presents…
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Scaly Squatters: The Need to Evict the Burmese Python From Florida
In a previous blog post, we discussed the legal framework surrounding House Bill 621 (HB 621) and the rights of Florida landlords regarding unwanted occupants known as “squatters.” However, Florida faces another type of unwelcome squatter with devastating consequences for the state’s ecosystem: the Burmese python. And with the Florida Python Challenge starting in August,…
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House Bill 621: Reclaiming Your Property Rights in Florida
Florida’s House Bill 621 (HB 621), which went into effect on July 1, 2024, has significantly impacted the state’s landlord-tenant landscape. This legislation, which created Florida Statutes § 82.036, addresses the growing issue of unauthorized occupants in rental properties, offering a streamlined process for eviction in specific situations. Expedited Eviction for Unwanted Tenants Prior to…
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Curb Appeal or Curb Your Enthusiasm? Florida HB 1203’s Collision Course with the Contracts Clause
Florida’s House Bill 1203 (2024), which goes into effect on July 1, 2024, significantly impacts a slew of HOA laws. Despite its broad impact, in this post I’m going to focus on one particular aspect of the new legislation, which amends Florida Statutes § 720.3075 to address restrictions on homeowners parking work vehicles on their…
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Brave New World? Written Buyer Agreements in Florida Real Estate Transactions
The Industry Has Changed. We are now seeing the precise effects on the industry following the major National Association of Realtors lawsuit and settlement which I have previously written about. The first major change in the Florida real estate landscape is the creation and implementation of Buyer Agreements, which will soon be required when a…
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Negligence After Nuptials: Ripple’s Effects on Spouse Compensation Under Florida’s Wrongful Death Act
The sudden loss of a spouse is devastating. When that loss is caused by someone else’s negligence, the emotional and financial burden can be overwhelming. In the past, Florida law limited the ability of surviving spouses to seek compensation if they married after their spouse’s injury. The recent Supreme Court of Florida case, Ripple v.…
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More Than Meets the Eye: a Conversation About the Power of Legal Imagery
We’ve all seen it – the blindfolded Lady Justice holding aloft her iconic scales. But legal symbolism goes far deeper than a dusty statue in a courthouse hallway. It’s a hidden language woven into the fabric of our legal system, silently shaping our understanding of justice. Now, consider this: imagine a world devoid of legal…
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Florida Gets Flexible: New Civil Rule 1.041 Allows Limited Appearances in Civil Court
Florida’s legal landscape just got a little more navigable for both clients and attorneys thanks to the implementation of Florida Rule of Civil Procedure 1.041. This brand new rule, effective April 1, 2024, allows attorneys to provide targeted legal assistance in specific aspects of a civil case. Prior to this change, Florida law operated under…
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Chapter 7 Bankruptcy Means Test Median Family Income Levels By State, as of April 1, 2024
As of April 1, 2024, the median family income levels for Florida have INCREASED An increase in the median income level generally benefits individuals who are in need of debt relief, as it typically makes it easier to qualify for chapter 7 liquidation bankruptcy. For example, for a household of 1 earner in Florida, the…
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HOA Estoppel Certificate Fees: Junk or Justified?
As a board certified real estate lawyer in Florida, I frequently deal with estoppel certificates, including reviewing them and ordering them from associations and their management companies. If you are unfamiliar with what an estoppel certificate is, here is a previous blog post that provides some general information. But, briefly, estoppel certificates are official statements…