News & Resources

Florida Statute Allows Removal of Certain Occupants of Real Property Without a Lawsuit

Posted on Jul 31, 2017 in Real Estate

Florida’s landlord-tenant laws have long grappled with the competing goals of providing property owners with efficient means of removing non-paying tenants or trespassers while minimizing potential abuse of bona fide tenants. The Florida Legislature took a step toward modernizing the process of removing unwanted persons from real property in 2015 by enacting Section 82.045, Florida Statutes, which allows for the potential removal of persons who qualify as “transient occupants” of property without the need to file a legal proceeding. While this statute has not garnered widespread attention since its enactment, property owners should be aware of its potential impact on […]

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Internal Revenue Code Section 1031 Tax Deferred Exchange (Part II)

Posted on Jul 31, 2017 in Real Estate

An opportunity to defer taxes and build wealth arises when and individual or entity sells an investment property for more than he or it purchased it for. Generally, tax on the seller’s capital gain is due upon the sale of property. However, Internal Revenue Code Section 1031 provides an exception to this rule and allows a seller of investment property (referred to here as the “Relinquished Property”) to re-invest his proceeds into another investment property (referred to here as the “Replacement Property”) as part of a qualifying “like-kind” Exchange. Often misunderstood by taxpayers, capital gain deferred in an Exchange is […]

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Donating Encumbered Property to Charity: Is it Too Good to be True? Perhaps…

Posted on Jul 20, 2017 in Estate Planning

There are many reasons why a donor would want to contribute encumbered property to charity.  Perhaps the property is perfect for the needs of a particular charity, or this may be the only property a donor owns that he is willing to donate.  Whatever the reason may be, before a donor decides to donate property that is encumbered to charity, he should consult with a professional to determine the potential tax ramifications of the donation. For instance, assume Donor purchased a parcel of real property years ago that was used for business purposes.  Over the years, Donor sold the property […]

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Florida Liquor License Types Explained

Posted on Jul 20, 2017 in Uncategorized

To sell liquor, beer or wine in Florida, you must apply for a license from the Florida Division of Alcoholic Beverages and Tobacco Bureau of Licensing (the “Division”).  The Division offers several types of licenses.  I have had several clients reach out to me after finding themselves stuck in the convoluted and confusing licensing process. As a starting point, if you are a new business in South Florida wanting to sell alcohol beverages, including beer, wine, or spirits, you need to determine what type of alcohol or liquor license is appropriate for your intended operations. As I mentioned above, there […]

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Dissociating from a Multi-Member Limited Liability Company under Florida’s Revised Limited Liability Act

Posted on Jul 5, 2017 in Corporate Litigation

DISCLAIMER — This is not an advertisement. THIS IS NOT LEGAL ADVICE. Nothing contained herein shall be deemed or construed to create an attorney-client relationship. You should seek independent counsel to advise you regarding your specific situation, and IN NO EVENT ARE YOU TO RELY ON ANYTHING CONTAINED HEREIN FOR ANY PURPOSE. Dissociating from a Multi-Member Limited Liability Company under Florida’s Revised Limited Liability Act Florida’s Revised Limited Liability Act (the “Act”), codified in Florida Statutes Chapter 605, became effective on January 1, 2014. It applies to all limited liability companies formed or registered to do business in Florida after […]

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The Importance of Advance Directives

Posted on Apr 25, 2017 in Estate Planning

                Often when you hear “estate planning,” you think of planning for what happens after your death.  Unfortunately, planning for sickness or disability during life is sometimes overlooked.  There are several documents that are crucial to have in place in the event you become temporarily or permanently unable to make (or verbalize) decisions related to your health and finances, namely: (i) Durable Power of Attorney; (ii) Health Care Surrogate; (iii) Living Will; and (iv) HIPAA release.                 Durable Power of Attorney.   A power of attorney is a legal document that gives someone of your choosing (family member, friend, trusted advisor) […]

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Jury Enters Verdict for BurgerFi in Overtime Wage Claim Brought by Exempt Employee

Posted on Jan 24, 2017 in Real Estate

Disclaimer:  This article does not constitute an advertisement or legal advice and does not create an attorney/client relationship. The comments herein should not be relied upon by anyone who reads them. A light emerges as employers prepare for an increase in payroll expenses that will result from the Department of Labor’s Overtime Final Rule, the implementation of which has been delayed, but which will raise the salary threshold from $23,660 to $47,476.   On December 19, 2016, a jury entered a verdict in favor of the restaurant employer finding that a middle manager is an ‘exempt employee’, despite performing manual labor […]

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King Tide – What’s a Property Owner to Do?

Posted on Oct 25, 2016 in Real Estate

Those of us living in South Florida have all experienced flooded streets and intersections during periods of heavy rainfall.  This intermittent flooding generally dissipates quickly, and most of us consider it to be one of the prices we pay to live in paradise.  Recently, a different type of flooding, termed “sunny day” flooding, has been occurring and is gaining national attention.  This type of flooding, which occurs independently of rainy weather, has become more frequent and severe as a result of sea level rise and is further exacerbated by the occurrence of king tides.  King tides occur when the sun, […]

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Partner Ben Olive Gives Presentation on King Tides and Florida Real Estate Law to South Florida Leaders

Posted on Oct 19, 2016 in News

On October 17, Partner Ben Olive gave a presentation on the legal implications of rising sea levels and seasonal flooding for the Fort Lauderdale real estate market. The event was held at Florida Luxurious Properties, a Fort Lauderdale real estate firm. Titled “King Tide 2016: A Glimpse At What South Florida’s Future Could Look Like,” the presentation was coordinated by Colin Polsky, PhD, Director, FAU’s Florida Center for Environmental Studies and was attended by Hon. Ted Deutch, U.S. Congressman for Florida’s 21st District; Hon. Chip LaMarca, Commissioner for District 4, Broward County; Hon. Beam Furr, Commissioner for District 6, Broward […]

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Partner Stephen Hoffman Guest on Nationally Broadcast Radio Show

Posted on Oct 16, 2016 in News

On October 14, 2016, Partner Stephen Hoffman was a guest on the “Philip Bell Legal News and Review Radio Show.”  Mr. Bell hosts this award-winning weekly radio show devoted to legal news and issues with attorney, Michael Santucci.  The show is broadcast locally on 1230 WBZT and nationally on IHeart Radio.  Steve was invited to speak on real estate and land use topics.  Mr. Bell and Mr. Santucci interviewed Steve about the major land development projects he has worked on along with current issues relating to Florida real estate law. You may listen to Steve’s segment below, or save a […]

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