Author Info for Lowndes

Florida’s Choice Act Enhances Employer Enforcement of Noncompete Agreements

The proposed Florida Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth (CHOICE) Act marks a substantial development in Florida’s treatment of noncompete agreements… more

Contract Terms, Employees, Employer Rights, Employment Contract, Enforcement

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Mount Dora Considers New Tax Collections and Regulations for Airbnbs

With the growth of Airbnbs and web-based lodging platforms, Mount Dora and Lake County are both looking at common sense solutions to bring regulations up-to-date regarding B&B operations and tax collections. As this Orlando… more

AirBnB, Hospitality Industry, Hotels, Local Ordinance, Online Travel Vendors

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Jacqueline Bozzuto

Franchise Riders in Retail Leases: What You Need to Know as a Landlord

Understanding Franchise Riders: Purpose, Content, and Potential Conflicts - When a franchisee signs a retail commercial lease to operate a franchised business, the franchisor may require a Franchise Rider, a document that grants… more

Commercial Leases, Commercial Real Estate Contracts, Commercial Tenants, Contract Negotiations, Franchise Agreements

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Jyllian Bradshaw

Florida’s Choice Act Enhances Employer Enforcement of Noncompete Agreements

The proposed Florida Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth (CHOICE) Act marks a substantial development in Florida’s treatment of noncompete agreements… more

Contract Terms, Employees, Employer Rights, Employment Contract, Enforcement

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Crystal Buit

Mediation Missteps: How to Prevent Common Pitfalls in Family Law Cases

Mediation is a confidential process where parties in family law matters, such as divorce, paternity, modification, or enforcement actions, work towards resolving their issues. It involves the parties, along with their attorneys… more

Arbitration, Child Custody, Child Visitation, Co-Parenting, Family Law Courts

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Dale Burket

NAR Rule Changes and Their Impact on Buyers

New rules from the National Association of Realtors (NAR), effective August 17, 2024, are reshaping real estate transactions. Stemming from a federal court ruling in October 2023, these changes aim to increase transparency and… more

Buyers, Contract Drafting, National Association of Realtors, NMLS, Real Estate Agents

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Casey Cavanaugh

Facing Troubled Commercial Real Estate Loans?

Several prominent U.S. fund managers are warning of growing problems in the $5.6 trillion U.S. commercial real estate industry that could provide problems for lenders in the coming months. The U.S. commercial property market is… more

Commercial Real Estate Contracts, Financial Services Industry, Lenders, Real Estate Investments, Real Estate Transactions

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Derren Ciaglia

Two Big Changes to Florida Law that Every Father Should Know About this Father's Day

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. One law requires that a minor child have frequent and continuing contact with both parents,… more

Child Custody, Co-Parenting, Custody, Divorce, Minor Children

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G. Edward Clement

New Land Development Ordinance to Impact Residential Development in Mount Dora

The City of Mount Dora is proposing a new Land Development Ordinance, which will have a significant impact on residential development in certain areas of the City… more

Construction Industry, Construction Project, Local Ordinance, Real Estate Development, Residential Real Estate Market

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Alexander Dobrev

A Deeper Dive into Florida’s Statutory Definition of “Land” and Advanced Structuring Techniques

Sequel to Land Condominiums: A Powerful Tool for Accelerated Development and Financing Flexibility - The enthusiastic feedback we received on our overview article confirmed a widespread appetite for drilling further into the… more

Condominiums, Construction Project, Financing, Florida, Land Developers

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Davis Dykes

NAR Rule Changes and Their Impact on Buyers

New rules from the National Association of Realtors (NAR), effective August 17, 2024, are reshaping real estate transactions. Stemming from a federal court ruling in October 2023, these changes aim to increase transparency and… more

Buyers, Contract Drafting, National Association of Realtors, NMLS, Real Estate Agents

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William Dymond Jr.

An Update to Clients from the CEO: Planning for Reopening

Health authorities have identified a number of minimum standards that need to be in place to return to in-office operations in advance of the development of a vaccine… more

CARES Act, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Re-Opening Guidelines

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Hanna Edeback

Providers May Be Required to Update Visitation Policies as No Patient Left Alone Act Set to Become Florida Law

Senate Bill 988, known as the “No Patient Left Alone Act,” is on its way to the governor’s desk after being passed nearly unanimously by the Florida House and Florida Senate. Intended to address the negative physical and mental… more

Florida, Health Care Providers, Healthcare, Healthcare Facilities, Healthcare Reform

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Richard Fildes

Asset-Light Strategy Issues in the Development Space

While asset-light strategies have been used for decades in the hotel industry, the strategy and how to implement it are a bit more complicated in the development space, whether for a hotel or time-share company. A typical… more

Change in Control, Commercial Leases, Commercial Property Owners, Franchises, Hotel Management Agreements

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Richard Fredeking

The Power of Patents: Protecting Your Innovation and Boosting Your Business

Whether you’re a startup founder, an innovator, or a multi-national corporation, understanding the strategic importance of patents can transform the way you protect and leverage your intellectual property (IP) portfolio… more

Entrepreneurs, Intellectual Property Protection, License Agreements, Patent Applications, Patent Infringement

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Julia Frey

Orlando Museum of Art Seeks to Undo Restrictions on Charitable Bequest

You may have seen the headlines about the Orlando Museum of Art’s challenge to a donor’s $1.8 million gift that was given with “strings attached.” The donor intended to fund the acquisition of new works of art, but the Museum,… more

Charitable Donations, Charitable Organizations, Charitable Purpose, Fine Art, Museums

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Rachel Gebaide

U.S. Supreme Court Rejects Higher Standard of Proof for Overtime Exemptions

In a win for employers, the U.S. Supreme Court ruled this week in E.M.D. Sales, Inc. v. Carrera that employers need only prove an exemption from overtime under the Fair Labor Standards Act (FLSA) by a “preponderance of the… more

Appeals, Department of Labor (DOL), Employer Liability Issues, Employer Responsibilities, Employment Litigation

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Michael Gibbons

Construction Contracts in the Age of the Pandemic

As the COVID-19 virus continues to spread, developers, contractors, and subcontractors are increasingly seeing their ability to perform impacted directly or indirectly by its effects on the economy. From supply chain issues and… more

Construction Contracts, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Real Estate Development

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Jon Gibbs

Trademark Scam Emails: Why You Shouldn’t Panic

A trademark scam is making the rounds targeting business owners through emails from varying businesses marketing trademark legal services. These emails falsely claim that another party is planning to register the recipient’s… more

Email, Fraud, Risk Management, Scams, Trademark Registration

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Griffin Giroux

New Year, New Rules: Uniform Trial and Case Management Order Starts January 2025

On Tuesday, the Business Law Committee of the Orange County Bar Association held a program featuring Judges Chad Alvaro, Margaret Schrieber, and Heather Pinder-Rodriguez, moderated by Lowndes attorney and OCBA Business Law… more

Case Management, Discovery, Dispute Resolution, Florida, Litigation Strategies

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Andrew Gluck

Co-Insured vs. Additional Insured: Which One to Choose and Why It Matters?

Did you know that unrelated third parties (like a landlord and a tenant) should not be named a “co-insured” or even a “named insured” on another party’s insurance policy? In fact, the coverage provided to an unrelated third… more

Additional Insured, Co-Insured Issues, Consumer Insurance Products, Insurance Claims, Insurance Regulations

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Allison Gray

Osceola County Approves Increase to Impact Fees

On September 9, 2024, 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. Impact fees are a one-time… more

Construction Project, Florida, Impact Fees, Infrastructure, Real Estate Development

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Shane Horton

Can Student-Athletes Be Considered Employees?

The debate over fair compensation for NCAA athletes has intensified, shifting from if athletes should be paid to how they should be compensated. The rise of Name, Image, and Likeness (NIL) payments has added momentum to this… more

College Athletes, Economic Realities Test, Educational Institutions, Employee Definition, Employment Litigation

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Jonathan Huels

Oviedo Implements Major Overhaul of Land Development Code

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. These changes address various aspects of… more

Community Development, Construction Industry, Construction Project, Florida, Land Developers

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Brandon José

Florida Construction Defect Damages: Sabga, Vuletic, and the Date of Breach

Two recent Florida appellate decisions, Bandklayder Development, LLC v. Sabga, and Vuletic Group, LLC v. Malkin, have clarified and reinforced a critical principle in Florida construction law: damages for construction defect… more

Appellate Courts, Breach of Contract, Construction Defects, Construction Litigation, Damages

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Gary Kaleita

Buying Distressed Real Estate in Florida: 6 Strategies Every Investor Should Know

This article is the first in a multi-part series based on the Lowndes white paper, “Selling & Acquiring Distressed Real Estate in Florida.” Each installment will examine key legal and strategic considerations for acquiring… more

Buyers, Distressed Assets, Florida, Foreclosure, Investors

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Hal Kantor

Charter Amendments Pass in Orange County and Seminole County

On Tuesday, voters approved several Charter amendments on the ballot in Orange County and Seminole County that will significantly affect development in these areas… more

Ballot Measures, Florida, Real Estate Development, Redistricting, Rural Areas

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James Kattelmann

Don't Get Rejected: Florida's Witness Address Rule Takes Effect in 2024

Starting January 1, 2024, there are important changes to Florida Statutes 695.26(1)(c) that you need to know. Now, in addition to including the printed, typewritten or stamped name of each witness on certain recorded documents,… more

Commercial Real Estate Contracts, Deeds, Florida, Mortgages, Real Estate Market

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Andrew Kelly

Don’t Forget! Today (5/1) Is the Deadline to File Annual Reports for Florida Entities

Each year, all Florida corporations, limited liability companies, limited partnerships, and limited liability partnerships (either domestic entities or foreign entities qualified to do business in Florida) are required to file… more

Annual Reports, Business Entities, Fees, Filing Deadlines, Filing Requirements

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Alyson Kendust

New Fee Disclosure Requirements for Food Service Establishments

Florida Senate Bill 606, signed into law on June 2, 2025, amends current Fl. St. 509.214 to provide several new operations fee disclosure requirements for food service establishments… more

Compliance Dates, Disclosure Requirements, Fees, Florida, Food Manufacturers

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Sean Klein

Orange County Ordinance Suspending Certain Development Applications Expires

We previously reported on Orange County’s Ordinance temporarily suspending applications for comprehensive plan text and map amendments, rezonings, and special exceptions. The temporary suspension is no longer in effect… more

California, Filing Deadlines, Government Agencies, Local Ordinance, New Regulations

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Joseph Kovecses Jr.

Florida Law Update: Slack Messages May Be Privileged Communication

Florida’s Sixth District Court of Appeal (6th DCA), which considers appeals from trial courts in an area running from Orange County down to Collier County, recently confirmed that discovery privileges apply to communications… more

Appeals, Attorney-Client Privilege, Business Litigation, Corporate Counsel, Discovery Disputes

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Nicole Leath

Why Attorneys’ Fees Belong in Indemnity Provisions in Commercial Real Estate Contracts

In commercial real estate transactions, indemnity provisions are frequently negotiated. However, one critical component is often overlooked: the obligation to cover attorneys’ fees related to indemnity claims… more

Attorney's Fees, Commercial Real Estate Contracts, Contract Terms, Indemnity, Real Estate Transactions

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Adam Lewis

Can Student-Athletes Be Considered Employees?

The debate over fair compensation for NCAA athletes has intensified, shifting from if athletes should be paid to how they should be compensated. The rise of Name, Image, and Likeness (NIL) payments has added momentum to this… more

College Athletes, Economic Realities Test, Educational Institutions, Employee Definition, Employment Litigation

See all updates »

McGregor Love

Charter Amendments Pass in Orange County and Seminole County

On Tuesday, voters approved several Charter amendments on the ballot in Orange County and Seminole County that will significantly affect development in these areas… more

Ballot Measures, Florida, Real Estate Development, Redistricting, Rural Areas

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Melody Lynch

Deposition Basics: What to Expect and How to Prepare

As a litigator, I routinely prepare clients for depositions. A deposition is a pre-trial procedure where a party or witness in a legal case provides sworn testimony outside of a courtroom. A lawyer asks questions of the… more

Attorney-Client Privilege, Depositions, Discovery, Evidence, Federal Rules of Evidence

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S. Brendan Lynch

Property Tax Exemptions for Senior Living Facilities: Application Deadline is March 1, 2024

The 2024 exemption deadline is almost upon us! As with every year here in Florida, the property tax exemption application deadline falls on March 1. So it is again time for senior living facilities around the state to evaluate… more

Filing Deadlines, Florida, Healthcare, Healthcare Facilities, Long Term Care Facilities

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Susanne Mandel

Creating a Culture of Business Development: A Case Study

As all of us in the legal marketing community know, the economic downturn exacerbated the need law firms felt to foster a culture of business development — and at warp speed. This was, and continues to be a challenging process,… more

Firm Leadership, Young Lawyers

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Joaquin Martinez

Florida Repeals Sales Tax on Commercial Leases: 5 Things to Know Now

Following our recent update on Florida’s repeal of sales tax on commercial real estate leases, we’re taking a closer look at what this change means for landlords, tenants, brokers, and property managers… more

Commercial Leases, Florida, Landlords, Real Estate Transactions, Sales Tax

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Daniel McIntosh

New Florida Law Changes Electric Vehicle Charging Station Regulations

Effective July 1, 2024, a new Florida law has significantly changed how electric vehicle (EV) charging stations are regulated across the state. Senate Bill 1084 amended Section 366.94 of the Florida Statutes, shifting the… more

Automotive Industry, Charging Stations, Electric Vehicles, Florida, Infrastructure

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Matthew McMurtrey

Drafting Hunting Leases: Key Considerations for Landlords

As the fall hunting season approaches, Florida landowners may contemplate leasing their land to an individual or group for hunting purposes. For many owners, drafting such a specialized lease may be daunting, as they have to… more

Hunting, Land Owners, Landlords, Rental Property

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Greg McNeill

Are Economic Losses Caused by COVID Shutdowns Recoverable Under Commercial Property Insurance Policies

As we have previously written, whether economic losses caused by COVID shutdowns can be recovered under commercial property insurance policies is a hotly-contested issue. (Past articles include, ‘Will Your Business Interruption… more

All-Risks Insurance, Appeals, Business Closures, Business Interruption, Commercial Insurance Policies

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Timothy Miedona

CAM Expenses – Cumulative v Non-Cumulative

During commercial leasing negotiations, landlords and tenants will often extensively negotiate the terms of a cap on the controllable operating expenses under a lease. Often, however, the issue of whether the cap will be… more

Commercial Leases, Common Areas, Contract Drafting, Contract Negotiations, Contract Terms

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Shayla Mount

Florida Condo Reform Bill Moves to Governor’s Desk

On Wednesday, June 18, 2025, at 1:20 PM, CS/CS/HB 913 – a major piece of legislation addressing condominium association governance, management, and structural safety – was signed by legislative officers and formally presented to… more

Condominiums, Florida, Government Agencies, Homeowners Association (HOA), Housing Developers

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Connor O'Brien

Don’t Forget! Today (5/1) Is the Deadline to File Annual Reports for Florida Entities

Each year, all Florida corporations, limited liability companies, limited partnerships, and limited liability partnerships (either domestic entities or foreign entities qualified to do business in Florida) are required to file… more

Annual Reports, Business Entities, Fees, Filing Deadlines, Filing Requirements

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James O'Brien

Europe’s Top Court Decision May Halt Trillion Dollar U.S. Data Transfer Business Partnership with EU

In today’s rapidly evolving global economy, data is king. Whether we’re talking about blockchain, analytics or how much your online shadow personality is being sold for, there is no doubt that there is an incredibly lucrative… more

Class Action, Cybersecurity, Data Privacy, Data Protection, EU

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Matthew O'Kane

Florida Repeals Sales Tax on Commercial Leases: 5 Things to Know Now

Following our recent update on Florida’s repeal of sales tax on commercial real estate leases, we’re taking a closer look at what this change means for landlords, tenants, brokers, and property managers… more

Commercial Leases, Florida, Landlords, Real Estate Transactions, Sales Tax

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Logan Opsahl

Governor Approves SB 784: Platting Reform in Florida

On June 20, 2025, Governor DeSantis approved the final version of SB 784 which removed certain timing requirements. In our article titled "SB 784: Platting Reform in Florida," published on June 18, 2025, we included two bullet… more

Filing Deadlines, New Legislation, Permits, Real Estate Development, Regulatory Reform

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Gerardo Ortega

National Association of Realtors to Eliminate 6% Sales Commissions

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. By reaching a $418 million settlement with home sellers in… more

Homeowners, National Association of Realtors, Real Estate Agents, Real Estate Market, Real Estate Transactions

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David Peterson

Treatment of IP Licenses in Bankruptcy (UPDATED)

As intellectual property becomes a more important part of commerce, the question of how IP licenses are treated in bankruptcy is of more interest to companies negotiating such licenses. When a Chapter 11 bankruptcy is… more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors-in-Possession, Intellectual Property Protection

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Michael Piccolo

Why Attorneys’ Fees Belong in Indemnity Provisions in Commercial Real Estate Contracts

In commercial real estate transactions, indemnity provisions are frequently negotiated. However, one critical component is often overlooked: the obligation to cover attorneys’ fees related to indemnity claims… more

Attorney's Fees, Commercial Real Estate Contracts, Contract Terms, Indemnity, Real Estate Transactions

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Michael Provenzale

Understanding Non-Dischargeable Debts Under the Bankruptcy Code: A Guide for Creditors

When a debtor files for bankruptcy, creditors often fear their claims will be wiped away. However, under Section 523 of the Bankruptcy Code, certain debts are categorized as non-dischargeable, meaning the debtor cannot eliminate… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Chapter 7, Creditors

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Shawn Rader

Navigating the Pitfalls of Exclusive Use Clauses

In the July/August 2024 issue of the American Bar Association’s Probate & Property Magazine, attorneys Alvin Miester III and Jonathan B. Cerise prepared an excellent article titled “Protecting Against Competition: Exclusive Use… more

Commercial Leases, Commercial Tenants, Competition, Contract Terms, Exclusive Use

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Rebecca Rhoden

Florida Senate Bill Tries to Counter MV Realty’s 40-year Liens by Regulating “Residential Loan Alternative Agreements”

In a move to protect homeowners from deceptive practices, the Florida Senate has passed CS/CS/SB 770, a bill that regulates residential loan alternative agreements for the sale of residential real property. The bill, which… more

Consumer Financial Contracts, FDUTPA, Florida, Homeowners, Loan Agreements

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Jason Rimes

Corporate Transparency Act Will Not Be Enforced Against U.S. Citizens and Entities

In a press release issued on March 2, 2025, the United States Department of the Treasury announced that “with respect to the Corporate Transparency Act…[it will] not enforce any penalties or fines against U.S. citizens or… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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John Ruffier

AI May Offer Solutions to (Some) Senior Housing Issues

Senior Housing News recently published an article making a compelling argument for how the use of “AI” is aiding senior living communities in providing better resident experiences and care. Focused on the experiences of… more

Artificial Intelligence, Assisted Living Facilities (ALFs), Elder Care, Elder Issues, Health Care Providers

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Norma Stanley

The Fine Print - Winter 2017 - Family Law & Estate Planning

The Winter 2017 issue of The Fine Print focuses on family law and estate planning and features articles on prenuptial agreements, what to know if you are heading toward divorce, and more. Click on the attachment below to read… more

Divorce, Estate Planning, Marital Assets, Marriage, Prenuptial Agreements

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Savannah Stewart

Navigating Legal Pathways to Establish Your Dream Pickleball Facility

If you play pickleball, America’s fastest growing sport, you’ve probably encountered a problem: the sport’s runaway popularity has led to a shortage of pickleball facilities. If you are a true picklehead, maybe you’ve even… more

Commercial Leases, Construction Contracts, Construction Project, Entitlements, Investment Opportunities

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Tara Tedrow

SB 180 Passes Despite Opposition: What It Means for Florida Development

Senate Bill 180 (SB 180), a comprehensive act related to emergencies, includes restrictions on county or municipal regulations after certain natural emergencies. In particular, SB 180 provides that… more

Construction Industry, Moratorium, New Legislation, Permits, Proposed Legislation

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Stephen Thomas

On Again, Off Again: FinCEN's New Interim Final Rule on the Corporate Transparency Act – U.S. Entities and Citizens Exempt from Reporting Requirements

Anyone who has followed the on-again, off-again history of the Corporate Transparency Act’s (CTA) Beneficial Owner Information (BOI) reporting requirements will not be surprised that, effective March 26, the Financial Crimes… more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, Filing Deadlines

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James Toscano

Florida Tort Reform and Negligent Security Liability: New Requirements for Multifamily Property Owners

Aimed at combatting lawsuit abuse, Florida’s recently passed tort reform bill (HB 837/SB 236) makes dramatic changes to the state’s justice system, including negligent security cases against owners and operators of “multifamily… more

Bodily Injury, Florida, Insurance Claims, Insurance Litigation, Insurance Reform

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Laura Walda

“Grossing-Up” Operating Expenses in Commercial Leases

In triple net office leases, tenants are required to reimburse landlords for a portion of the building’s overall operating expenses. These expenses cover the costs of operating and maintaining a commercial property. Operating… more

Commercial Leases, Commercial Tenants, Contract Drafting, Contract Terms, Fixed Operating Expenses

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James Walson

Silence is Golden in Lease Renewal Provisions

We previously wrote that commercial lease renewal provisions are void and unenforceable if they rely upon “market rent” with no mechanism to determine the market rent, but what happens when the renewal provision is completely… more

Commercial Leases, Commercial Tenants, Contract Drafting, Lease Term, Renewal Options

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Herin Warner

Drafting Hunting Leases: Key Considerations for Landlords

As the fall hunting season approaches, Florida landowners may contemplate leasing their land to an individual or group for hunting purposes. For many owners, drafting such a specialized lease may be daunting, as they have to… more

Hunting, Land Owners, Landlords, Rental Property

See all updates »

Rebecca Wilson

State Finds Vision 2050 to Be Void Ab Initio

On July 28, 2025, the Florida Department of Commerce issued a letter to Orange County finding its Comprehensive Plan Amendment implementing Vision 2050 void ab initio, or invalid from the beginning… more

Florida, Land Use Restrictions, Local Ordinance, Municipalities, Regulatory Authority

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Terry Young

COVID-19 Continues to Impact Divorce Proceedings

On May 21, 2020, the Supreme Court of Florida issued an order (Administrative Order AOSC20-23 Amendment 2) regarding Comprehensive COVID-19 Emergency Measures for the Florida State Court. If you are currently in a divorce… more

Coronavirus/COVID-19, Divorce, Marital Assets, Marriage, Notarization

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Lowndes

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