Orlando, FL (January 14, 2019) – The Orlando Law Group is continuing on their path as one of the top 500 fastest growing law firms in the country with the addition of three new attorneys to their team.
Cameron White is an experienced business and real estate attorney who was a golf professional prior to law school. White has a broad transactional background with a focus in business and real estate transactions, including commercial and residential sales, purchases, leases, financing, and loan workouts and restructuring, as well as experience with intellectual property including licensing and trademarks. Representative clients include private investors, golf course owners/operators, developers, lenders, and business owners. He continues to build his practice by fostering and nurturing meaningful, congenial relationships.
Mary Zogg has been a practicing attorney for over a decade. She has a multidisciplinary background which helps to provide a unique experience for her clients. She has an undergraduate degree in psychology and a Masters in Business Administration in addition to her law degree. This allows her to provide her clients with a full vision of the financial, emotional, and legal aspects of their cases.
Jessylin Polo Wiederhold has always been an active member in her community with a passion for making a difference in the lives of others. Originally from Miami, Florida, Jessylin is fluent in both English and Spanish. She began her legal career as a paralegal in personal injury for eight years. Jessylin now brings her passion for serving others to The Orlando Law Group in the areas of personal injury, PIP, and business law. She is an active member of the Florida Bar and Central Florida Association for Women Lawyers.
For the past ten years, The Orlando Law Group has earned a reputation as the Orlando-area law firm that cares about its clients and the communities it serves. Offices located in Waterford Lakes, Altamonte, Lake Nona, and Winter Garden.
Airbnb Miami Beach property owners face another setback
An appeals court in Miami Beach has overturned a temporary injunction that prevented the city from cracking down on short-term rentals like Airbnb Miami Beach properties. The injunction was a small victory for Airbnb in a bigger fight against the city that has the potential to put hundreds of home-sharing hosts out of business. With the injunction overturned, the city of Miami Beach Code Enforcement can now investigate and fine home owners who offer part or all of their property as short-term rentals through websites like Airbnb and other home-sharing portals.
As of the end of 2017, the city had issued more than $6 million in fines, but only managed to collect a small fraction of that, totaling just over $100,000.
Recently the action against homeowners has taken a bizarre twist and crossed beyond monetary values.
Miami Beach shuts off a home’s water and electricity over delinquent Airbnb fines
Miami Beach homeowner, Ralph Serrano, recently had his home’s water and electricity shut off by the city of Miami Beach when he refused to pay fines for operating an Airbnb in the city.
In November, Serrano filed a lawsuit against the city and cited that the city used “strong-arm tactics” in their efforts to collect “constitutionally excessive fines” that summed to more than $200,000. In early December a district judge ordered the city of Miami Beach to restore the utilities to the property.
Before filing the lawsuit, Serrano attempted to communicate with the city about getting his utilities restored. When he did, city officials demanded he, among other things, ask Airbnb and other short-term rental websites to permanently remove his rental listing. Serrano notes that in the city zoning ordinance that permits Miami Beach to target homeowners who list their properties on Airbnb, nowhere does it say that the city can terminate utilities or request homeowners remove their rental listings on home-sharing websites.
What is Airbnb?
Airbnb is the world’s largest home-sharing or accommodation-sharing website. Through the website, property owners list their spare rooms or entire homes for rent to website visitors. The properties are listed in the Airbnb marketplace and are accompanied by descriptions, pictures, ratings, and reviews.
The website launched in 2009 and as of last year, helps over six million travels a year find accommodations among the 800,000 properties spread across 35,000 cities in close to 100 different countries.
How does Airbnb work?
Through the Airbnb marketplace, people rent out their properties to guests. The transactions are handled through the marketplace and Airbnb profits by taking 3% commission on each booking from the owners. Airbnb also takes between 6% and 12% from guests.
This arrangement allows homeowners with spare space, or unused homes, to make a substantial income while guests can stay in desirable locations for a fraction of the cost of high-end hotels.
Airbnb is used by a variety of demographics, from the average traveler to celebrities. For example, in 2016, celebrity Kylie Jenner rented a Miami Beach villa from Airbnb. The Hibiscus Island villa is worth more than $12 million, and the Airbnb rate is $8000 per night during the city’s Art Basel event. We’re guessing nothing was available on Star Island.
What are the legal issues with Airbnb Miami Beach?
According to the city of Miami Beach, vacation and short-term rentals are those in which the accommodations for a guest or group last less than six months and one day. While a popular alternative to traditional accommodations at hotels and resorts, there are some limitations that need to be considered.
Pursuant to the Miami Beach City Code (Sec 142-1111), home-sharing, vacation, and short-term rentals are prohibited in all single-family homes and in a majority of multi-family homes in certain zoning districts of Miami Beach. Here’s a map showing the short-term rental limitations.
In order to become an approved vacation or short-term rental, the owners must organize the proper authorization and zoning approval for operating residential short-term rentals
If a property is discovered to be illegally operating a short-term rental, the guests and owners will be immediately evicted. From there, fines starting at a wallet-thinning $20,000 will be levied.
Why does Miami Beach want to prevent short-term rentals like Airbnb?
Many people wonder exactly why the city of Miami Beach is working to criminalize residential short-term rentals. In short, it’s difficult to pinpoint. Miami Beach Mayor Dan Gelber has said that “Airbnb’s business model is not compatible with the kind of recognition that short-term rentals are not broadly in the public interest in cities…so they’re either going to fight or they’re going to change.”
There’s a heated political conversation about wither services like Airbnb are harmful to the economies of urban areas. At the same time, others are shining the spotlight on Miami-area officials who are driving to protect the area’s behemoth hotel industry. That’s a position that might have some traction. In 2017, leaked emails from then-Mayor Thomas Regalado’s office showed evidence of coordination with hotel lobbyists looking to implement a ban on short-term rentals.
In any case, the bans, restrictions, and fines appear to be here to stay.
Where does Airbnb go from here?
At this point, Airbnb appears to be on the losing end of this battle with Miami Beach. But the company might want to take an optimistic approach. There are many indicators that the fines for short-term rentals in Miami Beach are unrealistically high. Miami Beach commissioner John Alemán was quoted as saying that the city’s $20,000 fines are “grossly disproportional.”
Could that be the foothold Airbnb and others need to gain traction in this scrimmage against the city of Miami Beach? Time will tell.
While we wait for the outcome, our advise to you, if you are planning a trip to Miami Beach, is to be excessively cautions if you elect to use Airbnb. The last thing you want is to come back to your crash-pad from a stroll on the Lincoln Road Mall to find the power out and your belongings, and you, evicted from your accommodations. Chances are slim that Kyky will let you crash with her and her entourage on Hibiscus Island.
“Smart speakers” raise concerns about invasion of privacy.
The in-home integration and use of a device known as a “smart speaker” or “voice-controlled digital personal assistant” is rapidly growing. But new information about how companies like Amazon monitor, listen, record, and save your personal conversations, even when you are not specifically using the device, is raising invasion of privacy concerns. In New Hampshire, a judge has ordered Amazon to hand over two days worth of recordings captured by an Amazon Echo. The recordings are to be used as evidence in a double murder case. More on that in a moment.
What are smart speakers?
A smart speaker is a wireless speaker that responds to voice commands. The software of the internet-connected device functions as an integrated virtual assistance that can be activated or woken up through the use of a “hot word.” Amazon produces a device called the Amazon Echo, or “Echo”, that has a virtual assistant named Alexa. Alexa is activated by simply saying her name. For instance, a user might say “Alexa, play classic rock music” and the smart speaker will respond by playing selections of classic rock like Led Zeppelin and Styx. Since the Echo is integrated with Amazon, a user could also say “Alexa, order more espresso,” and the Echo will organize an order for a predefined brand of coffee from Amazon.
Amazon is not the only company with a smart speaker. There are, in fact, over a dozen. Another popular smart speaker is the Google Home. The virtual assistant in the software of the Google Home is known as the “Google Assistant” and is activated by the hot word “Hey Google.” Many of the same functions found in the Echo also exist in Google Home, though integrated Amazon ordering is missing.
Smart speakers can be used as Bluetooth devices for streaming audio from other devices. Further, a smart speaker can also integrate with home automation, making it possible to say “Alexa, turn down the lights” resulting in the recessed lighting throughout the house dimming a bit.
What we are learning is that there is a misconception that if you do not wake up the device with the hot word, the device is dormant and in a near power-off state. We’ve discovered through court cases and Amazon’s own biannual transparency report that these devices are likely recording everything their microphones pick up, 24 hours a day. Moreover that data, once recorded, is saved on a server that Amazon controls. Is this invasion of privacy? Maybe, maybe not. Let’s first look at the New Hampshire double murder case.
Judge orders Amazon to turn over two days of Echo recordings
The New Hampshire judge that has ordered Amazon to turn over two days of Echo recordings is doing so because prosecutors in a double murder case believe that the recordings contain details of a January 2017 murder of two women. Those details might lead to further clues in identifying the killer.
In the order granting the search warrant, it is stated that there is probable cause to believe the Amazon Echo was able to make “audio recordings capturing the attack” as well as “any events that preceded or succeeded the attack.”
The judge has also ordered Amazon to hand over “information identifying any cellular devices that were linked to the smart speaker during that time period.” This could provide further evidence into who might be responsible for the murders. It’s possible that a Bluetooth connection was made from the Echo to a suspect’s phone. Even if that connection was not fully realized, there could be fragments of evidence stored in the data from the Echo.
This is not the first time Amazon has been ordered to turn over archived recordings. In Amazon’s transparency report, the number of orders and warrants that Amazon receives is published. While the list of orders doesn’t specifically break out orders for Echo data, it would be possible to correlate requests to Amazon to published court orders.
But what does this mean for your personal and private conversations?
Are smart speaker’s recordings an invasion of privacy?
With very little exception, any time you purchase, install, and use a smart speaker, like the Amazon Echo, you must accept the company’s “Terms of Use.” Amazon specifically states that “If you do not accept the terms of this Agreement, then you may not use Alexa.”
Within the Terms of Use, there is verbiage about privacy that can help users understand what information Alexa collects through its microphone. There are also links to Amazon’s Privacy Notice that specifically states what personal information Amazon gathers, with whom it shares that information, the security of the information, third parties who have access to the information, and the choices you have in dealing with the way Amazon collects information.
Since you must accept the terms of use, you are granting Amazon permission to collect your personal data, including recording your conversations. While this might feel like an invasion of privacy, because you are accepting and acknowledging that it happens, it’s probably not.
The easiest way to prevent smart speakers like the Echo or Google Home from collecting your data is to not use the devices in the first place. Clearly an oversimplified suggestion.
An alternate approach might be to consider reviewing the device’s privacy configuration and settings that are available to you. These settings can go a long way in preventing unwanted eavesdropping and personal data collection.
For example, Echo users can turn off the most vulnerable component of the device, the microphone. This, of course, will disable any virtual assistant functionality. More effective would be securing the “Drop-In” settings. The “Drop-In” feature allows other Echo devices to connect and start a conversation, making the system a virtual intercom. Since this is clearly a privacy issue, locking down those settings can prevent unwanted parties from listening in on your conversations.
Wrapping up
Invasion of privacy is a serious issue and in our increasingly connected world, it’s becoming more commonplace for our confidential data to be collected, stored, saved, and used. Awareness is your best ally in combating compromises in privacy. Read through the Terms of Use for any device you use and research the best ways to secure those devices to prevent unwanted data access.
Related: Is Digital Tracking Invasion of Privacy and the Carpenter Case [Read]
In a complaint to the Florida Health Department against a West Palm Beach surgeon, it is cited that during surgery, the surgeon mistook a woman’s healthy kidney for a tumor and errantly removed the organ. The complaint cites that the patient was undergoing a routine back surgery when the surgeon “noted a pelvic mass and provided a presumptive diagnosis of a gynecologic malignancy, lymphoma, and/or other metastatic disease.” The surgeon decided to continue the procedure and, additionally, remove the presumed tumor. About a week later, a pathologist confirmed the pelvic mass that the surgeon removed was, in fact, a healthy kidney.
The patient sued the surgeon for medical malpractice, and the case was recently settled.
What is medical malpractice?
Medical malpractice is an instance of improper medical care when a doctor, surgeon, health care professional, or hospital causes an injury to a patient through a negligent act. This could include diagnosis errors, negligence in treatment, aftercare or during health management.
Jennifer Englert, the founder of the Orlando Law Group, works with medical malpractice lawyers who assist their clients when medical malpractice has occurred. Attorney Englert says that “In many cases, medical malpractice involves a complex set of characteristics including a violation of the standard of care, some level of negligence that causes an injury, and that significant damages resulted from the injury.” She goes on to suggest that the case against the Florida surgeon who removed the healthy kidney, “is complex for many reasons including the condition that the surgeon who removed the healthy kidney was not the originally assigned to the surgery.”
Attorney Brian Dunmire notes that “there are Florida statutes that subject a licensed medical professional to discipline for performing or attempting to perform the wrong procedure or a procedure that is medically unrelated to the patient’s diagnosis.”
When should a patient seek consultation from medical malpractice lawyers?
Medical malpractice can be difficult to identify, especially from the view of a patient. In general, if a patient believes that they are the victim of medical malpractice, they should seek advice from medical malpractice lawyers. The lawyers will help determine if medical malpractice might have occurred. They will look for signs of medical negligence including:
Misdiagnosis or failure to diagnose
Performing of unnecessary surgery
Incorrect dosage of medication
Errors that occurred during surgery
An injury that resulted from a premature discharge
Failure to identify symptoms
Failure to recognize a patient’s history
Just to name a few.
Medical malpractice can sometimes be very clear and other times will require due diligence and investigation. Seeking advice from professionals like a lawyer who specializes in medical malpractice is an advisable first step.
Always work with experienced medical malpractice lawyers
If you suspect that you or a family member has suffered an injury resulting from medical malpractice, we advise that you consult a medical malpractice attorney that is experienced in that area of law.
Estate Planning is the process of creating legally enforceable documents that determine how your assets will be distributed upon the event of your death. This includes who inherits, which assets and how they are distributed. It also determines who controls the distribution of assets once you’re gone and encompasses tax considerations that must be incorporated into these documents, to ensure that your loved ones get the best possible deal, and as little of your estate as possible is subsumed by taxes.
A will is the primary estate planning document which regulates your wishes in regard to your inheritance and guardianship. It is only in a will that you can name legal guardians for children, as well as someone to manage any properties left to or earned by minors. A will also allows you to name an executor who will be in charge of wrapping up your estate after your death. That person communicates with the court, pays your bills, and eventually distributes any property that has to first pass through probate. A will also provides you with the ability to leave instructions regarding how you want your debts and taxes to be paid, as well as forgive any debts owed to you.
It’s important to understand that even though there are things that you should leave out of your will, drafting your last will and testament is one of the most important steps one can take to establish a full estate plan and to protect your legacy. The will identifies how you want your property and assets divided and who you want to get them when you are gone. While a will can include a variety of terms, there are some things that should not be included in your will.
Funeral and or Burial Instructions
A will is often not located until after the funeral or burial. If you include these types of instructions in your will, most likely these wishes will not be discovered until after your funeral. It is usually better to convey your wishes ahead of time by speaking with the loved one who will most likely be responsible for handling this task or by purchasing a prepaid funeral/burial plan.
Leaving Gifts to a Beneficiary with Special Needs
A parent may think that leaving a large gift to a child or other loved one with special needs will ensure that the loved one will be able to live their lives to the fullest or that they will have the ability to receive all the care they need. The last will and testament is not the place to bequest an outright gift to someone with special needs. A person with special needs receiving public benefits often times can only have a limited income and limited assets. Anything over the designated amount can disqualify someone with special needs from continuing to receive benefits. There are certain types of trusts, such as a special needs trust, that specifically address the management of the specific needs of a person with special needs. The trust can be a standalone special needs trust or even a trust created within the last will and testament.
Leaving Gifts or Money for an Illegal Purpose
This does not happen very often, but it could be that someone tries to make a gift that says “to Joe, so long as he uses my property to grow marijuana.” Inserting an illegal purpose could invalidate the entire will.
Assets with Named Beneficiaries
Life insurance, retirement plans, and financial accounts usually require a designated beneficiary be identified. Upon your death, those assets will be transferred to the named beneficiary, so they cannot be distributed by your will.
Jointly Owned Property
Tenants by the Entirety and Joint Tenants with Right of Survivorship mean that when you or the other joint tenant dies, the survivor automatically owns the property in full. If a gift of joint tenancy or tenants by the entirety is made in a will, it will fail. It can’t be done.
Property Owned by a Trust
The last will and testament cannot make a gift of any assets that are owned by the trust. The property owned by the living trust automatically goes to the beneficiaries and is managed by the trustee. If you want to leave the asset to someone else or change the terms, it must be done by an amendment to the trust, not the will.
Conditions Placed on Gifts in your Last Will and Testament
Some people want to put conditions on gifts, and that can be okay, but one must be careful. Putting conditions such as “to Mary, so long as she marries a (insert religion) man” or “to Mary, so long as she divorces her bum husband” are not allowable and the will may be held invalid. Conditions such as “to Mary, so long as she finishes college” are okay.
If you are going to take the time to create a last will and testament, make sure that your time has not been wasted. Speak to an estate planning attorney who will ensure that the will is drafted properly and will be upheld in court during probate proceedings.
The attorneys at The Orlando Law Group represent and prepare estate planning documents for individuals throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you are dealing with an estate planning issue or are looking to establish your own estate plan, please reach out to our office at 407-512-4394, fill out our online contact form.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
OLG LEGAL COMMENTARY: Jennifer Englert
OLG Founder & Managing Partner
In today’s society, cell phones are like an appendage. People sleep with their phone by their side and rarely leave home without it. Unsurprisingly, police utilized this ever present companion as a significant investigative tool, with help from the Third Party Doctrine. In brief, the third party doctrine states that a person has no right to privacy when they voluntarily turn over information to a third party, such as a cell phone company, so the police do not require a warrant to access the information. But what about cell phone location data? Should a demand for a person’s location without a warrant constitute invasion of privacy?
The Carpenter Case
Such was the case while investigating Timothy Carpenter for a series of robberies at Radio Shack and T-Mobile. Mr. Carpenter’s investigation was not unusual; cell phone companies received tens of thousands of demands for location data in 2016. In June of 2018, the Supreme Court changed the rules of engagement in a highly debated 5-4 ruling; cell phone location data is subject to the protection of the Fourth Amendment of the constitution.
The Supreme Court stated in the ruling that their decision was a narrow one, but it has tremendous implications for privacy in the digital age. Carpenter’s case before the Supreme Court brought to attention the hole in the 4th Amendment. Although the Third-Party Doctrine properly addressed the concerns at the time of its conception 40 years ago, it does not sufficiently rectify the growing rift between law and technology.
Is Digital Location Tracking Invasion of Privacy?
One such flaw addressed by the court is the lack of voluntary conveyance, which is required for the Third Party Doctrine. Cell phones log a location data without affirmative acts on part of the user. The committee for Justice went on to say “Incredibly deep reservoirs of information are constantly collected by third-party services providers today… This trend will only accelerate as the ‘Internet of Things’ supplies data revealing more and more of our activities – even use of our household appliances – to third party providers.”
While deciding on warrants and cell phone tracking, the court’s also touched on individual’s reasonable expectation of privacy. Justice Sonia Sotomayor went on to say “Most Americans, I still think, want to avoid Big Brother. They want to avoid the concept that government will be able to see and locate you anywhere you are, at any point in time.” Justice John Roberts also described cellphone location information as “a near perfect tool” for surveillance. This does not preclude law enforcement from accessing this data, but it does require a warrant to prevent the acquisition of the location data from being invasion of privacy.
Therefore, legitimate law enforcement tools are being eliminated, so much as safeguards are put in place for the population in general. If law enforcement could constantly track subject’s every movement with such ease and accuracy without legal implications, constitutional rights, such as freedom of assembly, would be heavily threatened. In this decision, voted on across party lines, the Supreme Court created a landmark decision which protects individual’s privacy in the modern era.
Jennifer Englert is the managing partner and founder of The Orlando Law Group, PL. For over 15 years, she has focused on business disputes, business law, general civil litigation, special needs & education law, family law, personal injury, and real estate. She has represented entities and individuals in both federal and state trial and appellate courts.
Founded in 2009, The Orlando Law Group, has been named one of the fastest-growing law firms in Central Florida and through America [ranked No. 105 among the top 500 fastest-growing law firms in the United States, per the 2017 Law Firm 500]. It has earned a reputation as the Orlando-area law firm that cares about its clients and the communities it serves. Offices located throughout Orange and Seminole counties. To contact Englert, or for more information about The Orlando Law Group, please visit www.TheOrlandoLawGroup.com or phone 407-512-4394.
OLG LEGAL COMMENTARY: Jennifer Englert
OLG Founder & Managing Partner
Whether you are a member living within a development governed by a homeowners association (“HOA”) or a condominium owners association (COA) and interested in installing solar panels on your home, or a member of the Board of Directors of a HOA, COA, or its respective architectural review committees, (ARC), in Florida, it would behoove you to become familiar with Florida Statute 163. It is essential that you understand what F.S. 163 says about COA and HOA restrictions on solar panels in so far as its governance and application to energy saving devices such as solar panels and F.S. 163’s effect on the governing documents of your association.
Clearing the confusion about COA and HOA restrictions on solar panels.
As one would guess, the primary area of dispute in an association controlled development is not usually the use of solar panels or whether energy saving devices are permitted or not, but rather, where those panels may or may not be located on the roof of the home or condo. May the solar panels be seen from the street? May the solar panels face the street or fence line? These are some of the questions about HOA restrictions on solar panels that Florida Statute 163 governs and attempts to answer. Florida Statute 163.04(2) expressly prohibits homeowner and condo associations from preventing its members from installing “solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement.” Id. However, that very same statute and subsection does permit associations to “determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south if such determination does not impair the effective operation of the solar collectors.” Id.
Recommendations for homeowners interested in installing solar panels in a COA or HOA governed community.
Clearly there are limits to HOA restrictions on solar panels. With this being stated, it is recommended that even though the association cannot deny the homeowner the ability to install energy saving devises such as solar panels on their property, that the member should still follow the applicable procedures set forth by the architectural review committee before any such installation. In conjunction with this issue, the architectural review committee of each association should also develop a well thought out Solar Policy. This policy should address solar and roof energy saving issues within an application to be submitted by all homeowners/condo owners before the installation of such devices. The application should address, among other issues particular to your development, a satellite or aerial image of the roof with the proposed locations of the solar panels; roof slope and angles; north/south orientation; clear illustration of any shading issues; manufactures product information for the units to be installed on the home; and for those homes intending to install the solar panels on a street-facing front roof that is not within 45 degrees of due South and faces the street, an explanation of why installing the solar panels on the other available roof space would not be equal to or more efficient than, that the street facing roof. Ensuring that the home/condo owner and the association are all on one page and at least attempt to resolve any disputes prior to the installation process can potentially save both the association and member thousands in litigation expenses, noting here that F.S. 163.04(3) does award the prevailing party to any such litigation, its attorney’s fees, and costs.
If you are a member of an association or on the Board of an association and are having problems with Florida Statute 163 and its applicability to your governing documents, please contact The Orlando Law Group and schedule an appointment to speak with one of our outstanding attorneys about your problems and concerns.
Jennifer Englert is the managing partner and founder of The Orlando Law Group, PL. For over 15 years, she has focused on business disputes, business law, general civil litigation, special needs & education law, family law, personal injury, and real estate. She has represented entities and individuals in both federal and state trial and appellate courts.
Founded in 2009, The Orlando Law Group, has been named one of the fastest-growing law firms in Central Florida and through America [ranked No. 105 among the top 500 fastest-growing law firms in the United States, per the 2017 Law Firm 500]. It has earned a reputation as the Orlando-area law firm that cares about its clients and the communities it serves. Offices located throughout Orange and Seminole counties. To contact Englert, or for more information about The Orlando Law Group, please visit www.TheOrlandoLawGroup.com or phone 407-512-4394.
At a recent speaking engagement, I shared my own personal family story about the dangers of not being prepared for one’s own mortality – and how that lack of preparation effects one’s family.
My grandparents, you see, were in a horrific car accident in 1994 in South Florida. My grandmother was killed on-scene. My grandfather was declared brain-dead.
They had four kids, my mother being the oldest one. When they all went to Miami, they learned that my grandfather did not have a living will, or any documentation that said what he would want if ever in such a life-threatening position. So, as such, it was left to the four children to decide.
After discussions, they agreed that my mother would make the final decision as to what to do with my grandfather. And after speaking with all doctors, and seeing that there was no possibility whatsoever for him to survive, my mother made the difficult decision to take him off life support.
And then, after he died, one of her siblings said that — had it had been left up to them — they never would have done that. That sibling blamed my mother for killing my grandfather.
More than 20 years later, there is still a rift in our family that was caused by that decision. Yet if he had a Living Will, then he would have been able to have made the decision himself, while alive. And that is what I tell people – that YOU are making the decision as to what happens to you. And in doing so, you are not putting that on anybody else. All you are doing is telling people to carry out your decision that you have already made, should that ever happen to you.
I share that story because, unfortunately, most people tend to wait too long before they consider officially filing the appropriate documentation with regard to Living Wills, Trusts, and Estate Planning. So many of us wait, not thinking that tragedy will strike, and then when it does, we are legally all for the worse.
It is not just the average citizen, though, that acts – and/or reacts – that way. It is the rich and famous, too.
Aretha Franklin’s family will most likely be finding that out now themselves.
The legendary singer, who passed away last week from a battle with pancreatic cancer at the age of 76, had no will or trust at the time of her death.
According to her attorney, in a report in the Detroit Free Press, Franklin just “never got around to it.”
Due to that inaction, Franklin’s family might potentially have a long legal road ahead of them – similar to when Ike Turner passed away. He, too, did not have a will, and his estate has been in litigation for 11-plus years.
With regard to Aretha Franklin, the laws in Michigan say that her estate is supposed to go to her children. But since she did not have a specific will or trust, other relatives can technically come in and try to get something from her estate. By not having a Will in place, it opens the door for other people to come in and argue that they should have a piece of the pie. They can go potentially go to court and argue that they have an interest and deserve a cut of the estate.
The cost to do so, though, is not just time. Many dollars are uselessly spent by families on attorney and other legal fees, in order to contest the estate and go through litigation matters. Depending on how much time respective attorneys need to put into various matters, it can cost thousands of dollars each year for families to go through the process. And how do those fees get paid? By monies held in the estate. Thus, the estate value lowers with each dollar spent on those fees.
Throughout my career, I have seen too many examples of families arguing over what many would perceive as petty issues. I have heard of family members feeling like they deserved more money than was left for them, so they spent thousands and thousands of dollars on challenging the Will, with the case still being in court. I have seen families arguing with one another about estates that had nary a dollar in it. And I have seen heartbreaking cases where a young loved one passes away, and estranged family members receive monies that other family members feel that they do not deserve.
And virtually all of this – be it with regard to the families listed above, your family, or even Aretha Franklin’s family potentially — could be prevented by simply finding the 30 minutes to visit with an attorney and fill out the proper Wills, Living Wills, and/or Trust documents.
As for my respective family?
Well, after both grandparents died in that crash, almost my whole entire family got Living Wills.
And as for me? It helped lead me here, to help you with yours.
Christina Miner is a Wills and Estate Planning Attorney with The Orlando Law Group. Her practice focuses on estate planning, guardianship, probate and trust administration. She has worked for private law firms, was assistant regional counsel for the Office of Criminal Conflict and Civil Regional Counsel – 5th District, and was senior attorney for the Florida Department of Children and Families. She earned her Juris Doctorate from FAMU College of Law, and earned her bachelor’s and master’s from the University of Central Florida.
To contact Christina, visit www.TheOrlandoLawGroup.com or call (407) 512-4394.
Members of the media wishing to contact Christina or any other OLG attorney should call 20 A-M COMMUNICATIONS at (407) 917-20AM (2026).
OLG LEGAL COMMENTARY: Jennifer Englert
OLG Founder & Managing Partner
It may be difficult to ascertain what exactly has changed under the new Tax Cuts and Jobs Act and how these changes may affectreal estate tax for home owners and real estate investors. This article will provide an overview of how the new Tax Cuts and Jobs Act will affect real estate, whether you own just your home, or you are a real estate investor, by identifying the information you need to know about each major provision.
Real Estate Tax Change: Capital Gains Exclusions
Effective on January 1st, 2018, homeowners can exclude up to $250,000 (or $500,000, if married filing jointly) of gains made from the sale of their primary residence, as long as the property was their primary residence for at least two of the five years prior to the sale. Under the new law, this exclusion may be claimed once in a two-year period.
If you have sold or plan to sell your home after December 31st, 2017, this provision of the new law will apply to you and you must have used the property as your primary residence for the required two-year period in order to claim this exclusion. If you sell a home that was not your primary residence, then you will not be able to claim this exclusion and you must pay capital gains on the sale. This provision of the new tax law will expire on December 31st, 2025.
Mortgage Interest Deductions
Under the previous law, homeowners could deduct the interest paid on mortgages valued up to $1 million on their principal residence and one other qualified residence. Homeowners could also deduct the interest paid on a home equity loan or home equity line of credit up to $100,000. Effective on January 1st, 2018, homeowners can include interest paid on the mortgage for a new home valued up to only $750,000 in their itemized deductions, which is less than the previous home valuation limit. Furthermore, under the new law, homeowners can no longer deduct interest paid on home equity loans.
If you are a new homeowner in 2018, these real estate taxation provisions of the new law will apply to you. If you are a current homeowner who took out a mortgage on or before December 15th, 2017, the new law will not apply to you and the previous $1 million cap will continue to apply. The previous law will also continue to apply to refinancing on mortgages taken out on or before December 15th, 2017, as long as the new mortgage amount does not exceed the amount of debt being refinanced. These provisions will expire after 2025.
As for second homes, under the previous law, homeowners looking to purchase a vacation home could deduct mortgage interest on a second home, as well as on their primary residence, as long as the combined mortgages were under the $1 million limit. Under the new law, this is no longer permitted, and mortgage interest may not be deducted for second homes. However, if you purchased a vacation home prior to 2018, you may continue to take advantage of any mortgage interest deductions you were previously eligible for.
State and Local Real Estate Tax Deductions
Under the previous law, all state and local property taxes (“SALT”) were deductible in the federal tax filing with no limit. The new law only allows homeowners to deduct up to $10,000 for SALT, for both individuals and married couples. While SALT deductions are now limited, standard deductions have increased, and it may no longer make sense for homeowners to itemize deductions. Under the new law, the standard deduction for taxpayers doubles to $12,000 for individuals and $24,000 for those filing jointly.
Bonus Depreciation Deductions
Qualifying property acquired and placed in service after September 27th, 2017, is eligible for a 100% bonus depreciation in the year it is placed in service. This first-year bonus depreciation has increasedfrom 50% under the previous law. Beginning in 2023, this rate decreases by 20% per year, until it is eliminated in 2027. Also new under the tax law is that 100% expensing is available for both new and used qualified property. Qualified improvement property includes leasehold improvement property, restaurant property, and retail improvement property.
Like-Kind Exchanges
Section 1031 exchanges allow real estate investors to take the profits from the sale of a property and move them tax free into a like-kind property. This allows investors to exchange properties without paying capital gains taxes immediately, by deferring payment until the replacement properties are sold. This exchange is still allowed under the new real estate tax law for real property, although it has been repealed for personal property.
Other Provisions
Casualty Losses: Under the previous law, taxpayers could claim an itemized deduction for property losses that were not covered by their insurance and which resulted from events such as natural disasters and fires. The new law restricts this deduction to only allow losses resulting from a disaster declared by the president to be deducted.
Moving Expenses: Under the previous law, taxpayers could deduct moving expenses and related travel costs. Beginning on December 31st, 2017, the new law eliminated this deduction through December 31st, 2025. The only exception to this provision is for member of the military on active duty who are required to move pursuant to a military order.
While this article provides an overview of the how the new tax law, known as the Tax Cuts and Jobs Act, may affect your home or real estate investment business and how you, it is important to consult with your attorney regarding all of the factors that may affect you as the new tax law could have further implications on your personal situation.
Jennifer Englert is the managing partner and founder of The Orlando Law Group, PL. For over 15 years, she has focused on business disputes, business law, general civil litigation, special needs & education law, family law, personal injury, and real estate. She has represented entities and individuals in both federal and state trial and appellate courts.
Founded in 2009, The Orlando Law Group, has been named one of the fastest-growing law firms in Central Florida and through America [ranked No. 105 among the top 500 fastest-growing law firms in the United States, per the 2017 Law Firm 500]. It has earned a reputation as the Orlando-area law firm that cares about its clients and the communities it serves. Offices located throughout Orange and Seminole counties. To contact Englert, or for more information about The Orlando Law Group, please visit www.TheOrlandoLawGroup.com or phone 407-512-4394.
OLG LEGAL COMMENTARY: Jennifer Englert
OLG Founder & Managing Partner
It may be difficult to ascertain what exactly has changed under the new Tax Cuts and Jobs Act and how these changes may affect you and your business. This article will provide an overview of how the new tax law will affect business, whether you are part of a large corporation or own your own small business, by identifying the information you need to know about each major provision.
What’s changed for corporations under the new Tax Cuts and Jobs Act?
Under the previous law, corporations were taxed under a four-step graduated rate structure, with 35% as the top corporate tax rate. Effective on January 1st, 2018, the top corporate tax rate was permanently cut to 21%. The new tax rate is a single flat tax, meaning it applies to all C corporations. Under the new law, the corporate alternative minimum tax rate was also eliminated.
What’s changed if I own a small business?
Under the previous law, businesses organized as sole proprietorships, limited liability companies (LLCs), partnerships, and S corporations did not pay corporate tax rates. Business owners instead paid individual income taxes on their share of the business’s income, a process known as pass-through business taxes. Thus, those tax rates were the same as the regular personal income tax rates. Under the new law, individual tax rates were reduced from 39.6% to 37%.
Effective on January 1st, 2018, the Tax Cuts and Jobs Act allows pass-through business owners may now deduct up to 20% of their qualified business income. This deduction is subject to a number of limitations, one of which caps the 20% exemption at the greater of 50% of the wages paid to employees and reported on a W-2 form, or 25% of those wages paid plus 2.5% of the cost of depreciable property owned by the business or depreciable capital assets. One limitation on this deduction is married couples who own service-based businesses like law firms, doctor’s offices, and accounting firms can only claim the deduction if their annual income is below $315,000 ($157,500 if single). This provision of the new law will expire after 2025.
The new law will apply to all pass-through businesses, including sole proprietorships, LLCs, partnerships, and S corporations. The following example demonstrates how the 20% deduction would apply, not subject to any limitations. If you own a small business and it generates net business taxable income of $500,000, you may deduct $100,000 (20%) of it before the personal income tax rates are applied.
Business Loan Interest Deductions
Under the previous law, any interest a business paid on their business loans was generally deductible. Under the new Tax Cuts and Jobs Act law, a business may only deduct interest expenses equal to 30% of its adjusted taxable income. Furthermore, under the previous law, if a business carried a net operating loss (NOL), it had the option to use those losses to either reduce any taxes paid in the previous two years, or to reduce any future taxable income for the next twenty years. Under the new law, net operating losses are reduced and can only be carried forward to reduce any future taxable income and are limited to 80% of taxable income. Past taxes may no longer be reduced by a NOL deduction.
Other Deductions as they relate to the 2018 Tax Cuts and Jobs Act
Entertainment Expenses: Under the previous law, costs expended entertaining clients were 50% deductible. However, under the new law, entertaining clients is notdeductible at all. Holiday parties and other similar workplace events for employees are still 100% deductible.
Business Travel: The cost of meals and drinks purchased during business travel is still eligible for deduction. As for business vehicles, for both new and used passenger vehicles that are acquired and placed into service after December 31st, 2017, the new tax law increased depreciation allowances. The vehicle must also be used over 50% of the time for business purposes. An $18,000 deduction may be taken for a new car the first year you own it if you claim first year-bonus depreciation. The allowance then decreases per year to $16,000 for the second year, $9,600 for the third year, and $5,760 for the fourth year and after until the vehicle is fully depreciated. If you purchase an SUV or a truck, the vehicle is now 100% deductible.
First-Year Bonus Depreciation: Businesses making eligible equipment and property purchases can immediately deduct 100% of the purchase through 2022, which is an increase from 50% under the previous law. After 2022, bonus depreciation phases down 20% every year until it reaches 20% in 2026.
While this article provides an overview of the how the new Tax Cuts and Jobs Act law may affect how your business is taxed and what deductions you may make, it is important to consult with your attorney regarding all of the factors that may affect your business as the new tax law could have further implications on your business.
OLG LEGAL COMMENTARY: Jennifer Englert
OLG Founder & Managing Partner
The Tax Cuts and Jobs Act is a congressional revenue act that implements many changes including reduced tax rates for businesses and individuals. Of particular interest is a part of the new law that relates to the taxation of spousal support payments, commonly known as alimony as well as significant changes to the alimony tax deduction.
The new tax law introduced significant changes to how alimony is taxed, mainly who is responsible for paying those taxes. Under the previous law, an alimony tax deduction could be taken from the payor’s annual federal taxes and had to be reported as taxable income by recipients.
Beginning on January 1st, 2019, alimony will no longer be tax deductible for those who pay alimony and will no longer be taxable income for those who receive it. Alimony payors will now be required to pay taxes on more of their income, as the portion allocated for alimony payments will now be included, while alimony recipients will keep the payments tax-free.
Does the new Tax Cuts and Jobs Act law apply to me?
The new law will not be retroactive for individuals currently paying or receiving alimony, meaning if your divorce is finalized on or before December 31st, 2018, you will not be affected. However, if you modify your divorce agreement and/or alimony payments after this cut-off date, you may then be subject to tax treatment under the new law. If you have not finalized your divorce before the start of 2019, the new law will apply to you.
Will the new Tax Cuts and Jobs Act law benefit me?
If you pay alimony
If you believe you will likely be ordered to pay alimony as a result of your upcoming divorce, the new law will not benefit you. Under the previous law, alimony payments were tax deductible, meaning the yearly total of your payments was deducted from your tax liability, this alimony tax deduction lowered the amount you owed in taxes. Thus, it may be to your benefit to finalize your divorce before the new law takes effect in 2019 and you lose out on the alimony tax deduction.
If you receive alimony
If you believe you will likely be receiving alimony as a result of your upcoming divorce, the new law may benefit you. As alimony will no longer be taxable income, those receiving alimony will benefit by no longer paying any taxes on the alimony payments they receive. Thus, under the new law, it may be to your benefit to file for divorce in 2019 after the new law takes effect, so you can keep all of your alimony tax-free. However, it is important to consult with your attorney regarding all of the factors that may affect the alimony you plan to receive as the new tax law could have further implications on your divorce and alimony.
How the new law affects divorced couples.
Divorced couples will likely lose money overall as alimony recipients are typically in a lower tax bracket than payors, and the previous tax structure allowed divorced couples to keep more money within the family unit. This new allocation of taxes may affect your decision on when to finalize your divorce in order to maximize resources for your family. Potential alimony recipients should be aware that this change in the tax law may affect the amount of alimony awarded to them. As the payor will no longer benefit from an alimony tax deduction and cannot deduct the payment from their taxes, they will have less money from which to pay alimony as a result of paying taxes on more of their income now, and alimony awards may be reduced.
For more information on how this change might be a factor in your divorce, contact your attorney.
Jennifer Englert is the managing partner and founder of The Orlando Law Group, PL. For over 15 years, she has focused on business disputes, business law, general civil litigation, special needs & education law, family law, personal injury, and real estate. She has represented entities and individuals in both federal and state trial and appellate courts.
Founded in 2009, The Orlando Law Group, has been named one of the fastest-growing law firms in Central Florida and through America [ranked No. 105 among the top 500 fastest-growing law firms in the United States, per the 2017 Law Firm 500]. It has earned a reputation as the Orlando-area law firm that cares about its clients and the communities it serves. Offices located throughout Orange and Seminole counties. To contact Englert, or for
While summertime is typically that jovial part of the year when families get together to travel on trips near and far, sometimes for weeks at a time, that is not necessarily the case for the millions of families with children that have gone through the divorce process.
Unfortunately, this time of year — similar to when the December holidays roll around — tends to bring angst, anger, and hostility between the divorced spouses, mostly because one or both parties wish to take their child(ren) on vacation with them for extended periods of time … and the other party is hesitant, anxious and/or not willing to allow that to occur.
As an attorney with The Orlando Law Group, I see this quite often. When divorcing, parents will hopefully come to an agreement on a “parenting plan,” [otherwise the fate of the time that parent will have with their child(ren) will lie in the hands of a judge] that will include what time and dates each parent is scheduled to spend with the children and over which holidays, summer and spring break. At that time, agreements get put in place. For example, “Both parents will get 15 consecutive days with the child(ren) in the summer,” and “each party has to notify the other by May 1st of each year as to what those dates are and will be,” or “In the odd years Mother’s dates will take preference and in the even years Father’s dates will be given preference.”
These detailed agreements are put in place so that there are no surprises for either divorced spouse and to help the families plan and prepare in advance so as to have more enjoyable, quality time together. And, for the most part, they are guidelines that are put in place by both parties amicably.
Even with a Divorce Agreement, Problems Can Arise
However, very often, even though there is a divorce agreement in place, come each May, November, December and March the arguments still tend to arise. “What do you mean the kids are going with you for two weeks straight? I cannot be without my child for two weeks in a row? Three weeks? A whole month? What do you mean I don’t get to see them for however many days we agreed on?”
When the reality hits that, yes, summertime is here and, yes, the other parent is, indeed, taking your child — their child — away on vacation, many people tend to panic. They suddenly do not recall their divorce agreement. They suddenly do not care to recall their divorce agreement.
And so the unhappy parent will then try to prevent the other parent from exercising the agreed-to time sharing agreement.
I have had clients beg for me to go in front of a judge to plead their case because “it would devastate their child if they were apart from one another for two whole weeks.”
I have had clients tell me that the other parent is not good for their child(ren), and therefore should not be allowed to have them for vacation time.
I have had clients tell me that the child(ren) does not want to go with the other parent, so therefore they shouldn’t have to.
Here is the thing, — these divorce agreements are in place for a reason. They are there to ensure that both parties — the divorced husband and the divorced wife — get a fair amount of time with their child(ren), as agreed upon by both parties. This is necessary to ensure that the children maintain a meaningful, quality relationship with both parents.
Unless there is a material, substantial and unanticipated change in circumstances [or, on the very rare occasion, an “emergency,” defined as the imminent physical harm to the child, or the parent is threatening, or is attempting to remove the child from the jurisdiction of the court, e.g. State of Florida] to go back in front of a judge, then you must follow the divorce agreement that you entered into, agreed upon, and signed.
This is why, when going through divorce and creating a parenting plan, the plan should be as detailed as possible. Make it so it protects both parents, to where each parent, when the child(ren) is away, gets to know where they are going, where they are staying, how long they will be gone, when they will be coming home, who they will be with, what numbers they can be reached at, etc.
But please remember, parents, it goes both ways. One parent cannot and should not expect the other parent to provide that information, and yet not themselves have to do the same.
And Remember This, Too: You are Not Alone.
I speak from experience. As a divorced parent, I was one who did not want my daughter gone for such an extended period of time. I heard the cries from my daughter of not wanting to go, of not wanting to leave me, and it hurt.
So when that holiday, summer, or spring break rolls around, think twice. Do not make it worse on your children by adding unnecessary stress and discontent to a situation that was not only agreed to by you, but also is a time for the child to enjoy and grow that relationship with the other parent, it’s their vacation too.
In the rare event that you feel there may be a material, substantial and unanticipated change in circumstances that would warrant a modification of your parenting plan, or, if you honestly believe your child may be in imminent physical harm, or the other parent may be fleeing the State of Florida with the children, by all means, contact an attorney.
But it is your job and, in fact, your obligation to put your children first and above any disagreements you may have with your ex-spouse.
I know, easier said than done. But for the sake of your children it, nonetheless, must be done.
** Attorney Jeffrey W. Smith’s areas of practice with The Orlando Law Group include veteran law, family law, estate planning, general civil/business litigation, and social security disability. To contact Smith, or for more information about The Orlando Law Group, please visit TheOrlandoLawGroup.com or phone 407-512-4394. **
One of the most frustrating and frightening experiences you can go through is getting chronically sick with symptoms that linger indefinitely and having no idea what’s causing your illness. Everyone gets sick now and then, but we’re accustomed to a cycle where the symptoms start gradually, peak after a day or two, then slowly get better until you’re fully recovered. Imagine, however, coming down with a cough, tightness in the chest, fever, aching muscles, fatigue and chills and they just never get better.
One possible explanation for this could be Building Related Illness (BRI), a condition where the patient suffers from an infection or allergic reaction and the source of the contaminant is known to be the patient’s home, workplace or other building. Typically, the cause of BRI is the presence of bacteria, mold, fungus or viruses in the air supply inside the building. Usually, symptoms related to BRI persist in the patient, even when they are not physically in the building.
In a BRI case, the source of the illness must have been identified as a building or structure the patient spends time in regularly. This is in contrast to another condition, commonly known as “Sick Building Syndrome,” or SBS, during which some of the same cold- and flu-like symptoms as BRI are present, but the cause is unknown. Also, symptoms of SBS tend to get better once the patient leaves the building and return when he or she returns.
The Legionnaire’s disease outbreak of 1976
The best-known example of BRI is Legionnaires’ disease, which became well known more than 40 years ago after the first documented, and highly publicized, outbreak. In July 1976, the American Legion held its annual three-day convention in Philadelphia, attended by more than 2,000 Legionnaire’s from across the country. Shortly after the convention, several of the attendees became ill and died of what was thought to be heart attacks. Within a few weeks, however, 221 attendees had been impacted, 34 of whom had died.
Coincidentally, three of the initial victims had the same doctor, who was aware that all three had been at the convention, so he contacted the Pennsylvania Department of Health. This led to an investigation by the U.S. Centers for Disease Control and Prevention, which discovered that the most likely source of the disease was a strain of bacteria, which would be named “Legionella,” that was breeding in the air conditioning system at the hotel where the convention was held, allowing it to spread throughout the building.
While most cases of BRI are not potentially deadly like Legionnaires disease, to say that it should be taken seriously is clearly an understatement. For many sufferers of BRI, coping with the persistent physical symptoms and the emotional toll it causes can completely disrupt the quality of their lives. It can also mean exorbitant medical costs and missed time at work, creating a financial burden that lasts for years.
Where you could be exposed to BRI conditions
A common misconception is that Building-Related Illness plagues only older buildings, such as the hotel where the Legionnaires disease outbreak in 1976 occurred, which was built in 1904. According to the U.S. Environmental Protection Agency, however, up to one of every four new or renovated structures can be classified as “sick,” meaning conditions that cause BRI are present.
Still, if you’re the proud owner of a recently built new home, this can be an unsettling prospect that’s difficult to accept. Imagine being a new homeowner who has just spent months working with a contractor to design and build their dream home, then you move in and start experiencing coughing, headaches, nausea and other aches and pains. Typically, your home is a place where you’re supposed to feel safe and protected, so it isn’t the first place you’d think to look for answers about why you’re sick.
However, even in new and renovated homes, mistakes are sometimes made. Some mistakes are obvious and easy to fix, like a piece of crown molding that isn’t perfectly aligned or light fixture that doesn’t work. The mistakes we’re talking about, though, are hidden inside walls and in attics. Some areas that can be the source of BRI symptoms include:
The HVAC system. Like most living organisms, mold, bacteria, and other compounds need water to survive, and a poorly functioning HVAC system can create a lot of moisture that, if not drained properly, can stagnate in the ductwork. If you add dust – which is made up mostly of skin, pollen, pet dander and other organic material – you’ve added a source of nutrients, creating an environment where mold can thrive and spread.
Insufficient ventilation. Even when the HVAC system is working properly, it may not be able to overcome the humidity and moisture found in a poorly ventilated home. There is actually a well-known example of this from the 1970s, when contractors started building homes more airtight to save energy during the energy crisis. As an unintended consequence, they built homes that also retained their humidity too well, allowing mold and bacteria to thrive and making many of the inhabitants of these homes sick. The recent charge towards energy efficient building standards has resulted in the same issues occurring again as they did in the 1970’s.
Plumbing. Obviously, if the plumbing in a new home leaks due to poor construction, water ends up in places it’s not supposed to be. If the leak is just a slow drip, it might be enough water for mold or other bacteria to grow even though the water is hidden inside walls where the homeowner can’t see it. Another way that poorly constructed plumbing can cause air quality problems occurs when the entry and exit points of the pipes are not sealed correctly, allowing pests to enter the home and leave feces, which can dry out and become airborne or serve as an added nutrient source for mold and bacteria. Also, there is a possibility that the installation of the septic lines were accidentally placed by the contractor above the potable water lines. When the septic lines leak, this can cause harmful matter to seep into the potable water lines.
Chemicals. Known as “volatile organic compounds” or VOCs, we are exposed to these chemicals at low levels every day, usually with no health consequences. They come from the cleaners, paint, sealants, permanent markers, dry-cleaned clothes and air fresheners we are around all the time. In a new home, however, high levels of VOCs like formaldehyde can be released by new carpet, new furniture, paint, finishes, sealants and more. If the new home is not allowed to off-gas these chemicals and air out sufficiently before the new owner moves in, it’s likely to cause some worrisome health problems.
Unfortunately, when the source of a BRI case is a brand new home, it can often take months, if not years, for the true source of the health problems to be identified. Ironically, this is not because it’s difficult to find mold and bacteria in a new home. In fact, a fairly simple, straightforward investigation by a trained professional can easily find mold, bacteria, VOCs and other contaminants. The reason it goes unidentified for so long is that a new home is the last place people think of as the possible cause. They have an expectation that their contractor will provide quality service, workmanship, and materials and that they will follow all the applicable building codes. Plus, most homeowners feel that their home is part of their identity, a reflection of who they are. And with new homeowners, you can add excitement to the emotions they feel about their new home.
In that context, it’s difficult for most people to accept that the home they are so proud of and that they love so much is causing them serious harm.
While recently constructed homes are a clear area of concern for BRI, renters are also at risk. And for renters, it doesn’t matter if the structure is old or new because a rental contract is a business transaction, wherein the property owner is providing a home, condo or apartment in exchange for money. If that property causes harm to the occupant in the form of a BRI, the renter may be entitled to legal protections, assuming the problem amounts to a breach of the rental contract. Also, renters in an apartment complex may be even more at risk because the activities of adjacent neighbors, including those above and below them, could create air quality issues in their unit if a neighbor has pets, causes water leaks, leaves food out that attracts pests, or is a heavy smoker.
Finally, your workplace is another area that can cause you to develop symptoms associated with a BRI. This is not limited to factory and mine workers who could be exposed to harmful airborne dust. Even if you work in a corporate office, all the potential contributors found in homes can be present. In fact, VOCs may be even more prevalent in a work environment because of some office supplies like printer toner. If you find that multiple employees seem to be developing the same persistent symptoms, that could indicate a BRI problem
What to look for
The first question when you are suffering from symptoms that don’t seem to go away is if their onset coincided with the start of spending a lot of time in a building that you hadn’t previously spent much time in. This could be moving into a new home or apartment, or starting a new job. If you’re a college student starting a new term and your classes are all in the same building, that may point to the source of your symptoms. Observe the other people you work or go to class with and see if they have similar health issues.
If that doesn’t narrow your search down, it’s possible that a building that isn’t new to you has undergone renovations, installed a new air conditioning system or had plumbing work done recently, any of which could result in air quality problems.
The symptoms that you should watch for are similar to those typically associated with cold, flu or allergies, except that they persist longer than you would expect. They include:
Irritation in the eyes, nose, throat
Sinus congestion
Headaches
Confusion
Dizziness
Nausea
Physical and/or mental fatigue
Feeling like you can’t take a deep breath
Exacerbation of existing conditions, like asthma
Lung pain
Skin irritation
Reactive Airway Disorder (in infants and toddlers)
These symptoms can range from chronic, nagging discomfort to severe, acute pain, depending on the severity of the symptoms’ source. The damage to your health can also range from chronic to acute. Carbon monoxide, for example, can cause severe brain damage and even death at 800 parts per million (ppm), even if the exposure is only for a few minutes. However, at exposure levels as low as 35 ppm, it might only produce flu-like symptoms after a few hours, but can cause serious injuries over a matter of months or even weeks.
What should I do if I suspect I am suffering from Building-Related Illness?
The most important thing to remember if you’re suffering from severe symptoms, especially chest pain or difficulty in breathing is to get immediate medical attention. If you’re in doubt, call 911.
If your symptoms are not severe, your next step should be to call an attorney for a consultation. Because these cases are extraordinarily complex, be sure you talk to an attorney who has experience investigating BRI cases and getting positive results. Finally, never give any statements to insurance companies or their representatives without your attorney present.
BrianDunmire is an attorney for the Orlando Law Group in Orlando, Florida. He has successfully represented multiple clients with Building-Related Illness claims and other personal injury matters.
The Orlando Law Group officially opens its first-ever Seminole County location with an open house and ribbon cutting this afternoon [Wednesday, April 25] from 4-7 p.m.
The office — OLG’s fourth throughout Central Florida — is located in Altamonte Springs, just north of the 434/436 intersection.
Housed in The Oasis office complex [at 940 Centre Circle, Suite 3002], OLG’s Seminole County headquarters is now the home of four attorneys and two-to-four support staff, including partners Erin Duncan, and attorneys Sophia Dean and Wendy O’Donnell. The Altamonte Springs location offers such legal services as business law, family law, personal injury, estate planning, bankruptcy, insurance litigation, and more.
The official ribbon-cutting will be at 5 p.m. For more information, phone 407-512-4394.
Attorney Jeffrey W. Smith recently represented The Orlando Law Group when he participated in the Pig Run of Lake Nona — a 5K run for The B.A.C.O.N. Foundation [The Big Awesome Charity of Nona].
All proceeds of the run were donated by the BACON Foundation to the Nemours Children’s Hospital “Child Life” Program and Camp Boggy Creek.
The “Child Life” Program at Nemours helps patients and families cope with medical treatment, diagnosis, and hospitalization through play, preparation, education, and self-expression. Camp Boggy Creek has made it possible for children with serious illnesses to enjoy a camp experience in a safe, medically-sound environment.
Smith’s areas of practice include veteran law, family law, estate planning, general civil/business litigation, and social security disability.
To contact Smith, or for more information about The Orlando Law Group, please visit TheOrlandoLawGroup.com or phone 407-512-4394.
Florida has garnered a reputation as being one of the most amicable states for homeschoolers, with numerous statutorily recognized options that place homeschooling on the same legal footing as public or private schools.
As of November 2016, Florida boasted 75,000 students being homeschooled, and, according to an article published recently in the Florida Bar Journal, the number is growing.
These students are following the path of Abraham Lincoln, Thomas Edison, and Tim Tebow, to name a few. Homeschooling is not merely an educational choice, but a lifestyle which has a considerable weight attached. Numerous studies – including those found on National Home Education Research Institute — have demonstrated that homeschoolers perform as well as their traditional counterparts in categories such as standardized tests, college, and socialization, if not better.
Furthermore, homeschooling is arguably one of the best ways to create a unique educational experience, which is specifically designed to suit your child’s needs. Although homeschooling does require significant time and dedication, it is easy to understand why parents would opt for the pedagogical method.
The situation become perilous, however, when parents separate.
In the United States, approximately 40 percent of marriages end in divorce. Unfortunately, Florida is in the top 10 states for divorce, behind Alaska and Nevada. The subject of children tends to breed disagreement among separating parents, especially when it comes to education. While it might be tempting to seek educational decisions through sole custody, here in Florida, courts have a strong propensity to grant shared parental responsibility. Florida Statute §61.13 enacted in 1982 states “The court shall order that the parental responsibility for a minor child shall be shared by both parents unless it finds that shared parental responsibility would be detrimental to the child.” The language remains nearly identical today, with plenty of support from case law. This is largely due to the well-supported belief that children benefit from the involvement of both parents in their lives, even in cases of separation.
Fortunately, as of 2008, Florida’s family statutes allow for parenting plans which create timesharing scheduling that permits homeschooling, while optimizing the other parent’s time with the children. Language such as “the parents have agreed to homeschool the children” is recommended. This way, there is no ambiguity and a party cannot later claim a substantially changed circumstance. The ideal situation is to have a parenting plan which directly gives the homeschooling parent the ultimate decision-making authority regarding education. At the very least, a parenting plan should not accept or imply that the children will attend a private or public brick-and-mortar school. Once accepted, courts will be extremely reluctant to change the status quo, especially considering the parent voluntarily yielded authority in terms of education.
Mediation is highly recommended to facilitate the negotiations. The other party will likely have concerns about their ability to have a full relationship with their child. It would be wise to follow the example of a homeschooling father in Virginia [Brown v. Brown], who was praised by the court for his agreement to allow the former wife to join the occasional homeschooling class, as well as his efforts to keep her updated as to the child’s progress. Compromise will be crucial, so it’s important to give leeway on other important issues being discussed.
If litigation becomes necessary as a result of a deadlock at mediation, here are some things to keep in mind. The amount of time a child was homeschooled impacts how much weight a judge will give to the practice. Many judges will have preconceived notions about homeschooling and it will be up to you to dispel them. Expert witnesses will be invaluable to a case to demonstrate the educational and social benefits. There are even organizations which specialize in such testimony, like Homeschool Legal Defense Association. Involving children in outside extracurricular activities to develop social skills is highly recommended, so the other party cannot claim the child is being deprived of a fundamental experience provided by brick-and-mortar schools. And keep meticulous records which comply with all aspect of the state’s home education laws, or there will be little chance to continue homeschooling. When going through a separation, an attorney can be an invaluable aid, particularly when children are involved.
Jennifer Englert is the managing partner and founder of The Orlando Law Group, PL. For over 15 years, she has focused on business disputes, business law, general civil litigation, special needs & education law, family law, personal injury, and real estate. She has represented entities and individuals in both federal and state trial and appellate courts.
Founded in 2009, The Orlando Law Group, has been named one of the fastest-growing law firms in Central Florida and through America [ranked No. 105 among the top 500 fastest-growing law firms in the United States, per the 2017 Law Firm 500]. It has earned a reputation as the Orlando-area law firm that cares about its clients and the communities it serves. Offices located in Altamonte Springs, Dr. Phillips, Lake Nona, and Waterford Lakes. To contact Englert, or for more information about The Orlando Law Group, please visit www.TheOrlandoLawGroup.com or phone 407-512-4394.
ORLANDO, Florida — OLG attorney Sophia Dean earned a positive ruling following a recent highly-contested hearing, in which an Orange County judge ruled in favor of Dean’s client, and subsequently awarded $42,000 to them.
Following a tedious and extensive legal process, the judge ruled that 63 days is three days too late for a second mortgage to claim surplus funds.
“Our client’s home was foreclosed on, and the property sold for more than the home was worth, leaving a surplus of funds in the court registry,” Dean explained. “The homeowners had a second creditor which claimed it was owed the money. Well, they were three days past the required statue to ask for the money. They argued to claim the monies, but, after a contested hearing, the judge ruled in my favor and awarded the money to our clients.”
Sophia Dean’s practice focuses on bankruptcy and foreclosure defense. She has represented debtors in all stages of debt collection. She is the co-chair of the Orange County Bar Association’s Bankruptcy Committee. To contact Dean for a free consultation, or for more information about The Orlando Law Group, please visit TheOrlandoLawGroup.com or phone 407-512-4394.
Orlando, Florida, October 4, 2017 – On Tuesday, September 19, 2017, the Law Firm 500 Award committee announced the list of 2017 Honorees. Ranking The Orlando Law Group #105 on its 2nd Annual Law Firm 500 Honorees List. The published list recognizes law firms that have achieved significant growth in revenues. Each nominee was verified by the outside accounting firm, Kahuna Accounting, who reviewed over 10,000 firms. The award honorees are a beacon of light for the legal industry demonstrating innovation, operational excellence, and a commitment to client service.
“This is such an honor for our firm to receive,” commented OLG founder and managing partner Jennifer Englert. “Of course, we could not have achieved this truly remarkable accomplishment without our devoted team members, who work diligently to uphold our commitment to put our clients first.”
The 2017 Law Firm 500 Award Honorees list showcases the top two-hundred fastest growing law firms in the United States. Each ranking also includes the percentage of growth ranging from 25% to a staggering 5400% over 3 years – no small feat for any business.
The Law Firm 500 Conference & Awards Gala will be held October 19-21, 2017 at the Boca Raton Resort & Club in FL. The Award Ceremony will begin with a powerful Keynote Presentation by pioneer entrepreneur, NY Times Best-Selling Author and investor on ABC’s Shark Tank, Daymond John. Daymond will be translating his $6 billion business success into success for law firms. Tickets to attend the conference and Gala are available at www.lawfirm500.com
“We look forward to joining our colleagues to celebrate at the upcoming conference, and to give a warm thank you to the entire OLG team,” said Englert.
We invite you to congratulate and follow the progress of our law firm, and industry peers for their dedication to success and innovation. The full list of Law Firm 500 Award Honorees can be found at Check us out https://lawfirm500.com/2017-award-honorees/.
To find out more about The Orlando Law Group and all three of its offices visit www.theorlandolawgroup.com.
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About The Orlando Law Group:
The Orlando Law Group (OLG) was founded by Attorney Jennifer Englert in 2009. Its diverse team of attorneys have a wide breadth of experience which allows them to protect their client’s rights through the evolution of their business, as well as personally while they progress through all stages of life. Over the years, they have created a stellar reputation in the community as professional legal experts who believe foremost that planning ahead is the best option for their clients, as their aim is to minimize the number of potential disputes and costs of litigation. The Orlando Law Group is more then a legal team, they’re your life-long partner who will work with you to build a relationship while creating solutions that work.
I have had big cases before, and, with those, big victories for my clients. But truth be told, as a personal injury attorney, some of my largest victories were on low-value cases.
That, in of itself, can be surprising to people – especially those who might have preconceived notions as to what a personal injury attorney is and does.
It is not glamorous. It is not television. It is not multi-million-dollar judgments day in, day out.
It is real life. It is working for the client, whether for $10,000 or $100,000. It is working for – and protecting – YOUR rights.
Do you want to know what it’s like being a personal injury attorney? Every day, I go to work at The Orlando Law Group and speak with colleagues, staff, clients, insurance adjusters, and defense attorneys about cases, scenarios, and injuries. I coordinate medical care for my clients and make sure that they have transportation to get to their visits. I speak with my client’s medical doctors so that I can understand their injuries better. I speak with insurance adjusters to convince them of the life-changing damages my clients have sustained because of someone else’s negligence. And, most importantly, I fight – I fight for the people who have decided to put their trust in me. Because whether a case is worth $10,000 or $100,000, that trust is something that I never take for granted.
It is a consistent challenge. So often, for example, I am faced with $10,000 in available insurance to cover the injuries that a respective client has sustained in an automobile accident. To my client, and to me, it is obvious that their injuries are worth far more than $10,000. However, seemingly more often than not, I find myself fighting with insurance companies to get them to pay even just that $10,000.
Those are the fights, done on behalf of my clients, that you will never see on a billboard. In fact, I often wonder just how many personal injury attorneys do not even put in the effort it takes sometimes to get even a full $10,000 settlement for a client. Truth be told, there’s no less work to be done on a $10,000 case compared to a higher value case. In fact, there could be more work. I could see where many attorneys may just accept a $4,000 or $6,000 offer since it’s the easy thing to do.
I am proud to say that I put in the effort to maximize settlement value – even if the case is worth “only” $10,000. I am proud to say that, every day, I fight tooth-and-nail for my clients and for the opportunity to help make our community safer. I do this to hold people and companies accountable for their actions. Companies that fail to properly maintain their premises that cause a patron to fall should be held accountable. That company should be held liable as much as the person who runs into the back of your automobile should be held liable.
It is because of my client’s tremendous courage to retain an attorney, and their trust in me and The Orlando Law Group to represent them that only then are we able to hold people and companies accountable for their actions that cause unnecessary harm.
No, it is not glamorous. And it is not Hollywood. But when someone asks what it is that I do for a living, there is no hesitation in my response – “personal injury attorney.” I am here for you, to fight for you, whether for $10,000 or $100,000. Because, quite frankly, when someone places their trust in me to represent them — well, that is truly my biggest victory.
Brian Dunmire practices in the area of personal injury representing clients who have been injured in automobile accidents and slip and falls. Prior to joining The Orlando Law Group, Dunmire represented insurance companies and Fortune 500 corporations in litigation — thus his unique experience and knowledge of how insurance companies and major corporations litigate and value claims. To contact Dunmire, or for more information about The Orlando Law Group, please visit TheOrlandoLawGroup.com or phone 407-512-4394.
Since Hurricane Irma hit just a few months ago, Florida has seen a continuous increase in attorney advertisements for “hurricane damage” claim denials. By now, for example, you have likely seen billboards up and down our roads stating, “Claim Denied? … Hurricane Lawyer.”
For many a homeowner, it may seem obvious to seek assistance through an attorney for an insurance claim denied by the carrier. But did you also know that you should seek legal counsel when an insurance company [carrier] undervalues your claim, which can – and does – happen quite often?
Keep in mind that, by undervaluing your claim, the carrier is not denying the claim, but instead telling you [the insured] that your claim is not high enough to make it past the deductible and/or depreciation value of your property.
Essentially, it is their way of getting out of having to pay any monies to you that you might rightfully be owed.
As has most commonly been seen in several cases The Orlando Law Group has recently reviewed, the insurance company will send a letter to the insured stating that they will issue payment in the amount of $0. For example, let’s say you have damages to your home costing $8,000 to repair. After review, the insurance company [carrier] then tells you the depreciation of your property is $4,000. Then they apply your deductible – let’s say, for this example, $4,000. Suddenly, all monies you thought you would receive from your carrier have dwindled to zero.
And, technically, they have not denied your claim.
But, realistically, with their math, they offered – and, under this example, will pay you – nothing.
If and when this happens to you, you do not have to accept this. You do not have to agree to this. And you do not have to sign off on this.
In the end, the carrier claims that it properly evaluated your claim and that you were not owed any money under your insurance policy, or an amount that was less than a reasonable amount to repair your property.
As a property owner, do you have to take the insurance carrier at its word as to the value of your property damages? Even if the adjuster was nice to you and told you [either in person or on the phone] that the insurance would pay your claim? The answer is an emphatic no. You do not have to assume that the insurance carrier properly determined the value of your insurance claim and/or even appropriately determined and/or applied the depreciation value of your property.
It is not uncommon for the property owner to obtain damage repair or replacement estimates more than the amounts determined as the “correct” amount according to the insurance carrier. So, you might be wondering how this can be.
First, the insurance carrier may hire independent claims adjusters to review your property. These are typically the “nice” people who visit your property and make statements to you that the insurance carrier should pay your claim. Unfortunately, those statements do not bind the carrier, and oftentimes will later be recanted by the adjuster, meanings/he will later deny making those statements — leaving you in he said/she said situation.
Second, the adjusters use an automated program that uses pre-determined amounts for a standard product which will produce an estimate that is often well below the standard charges in your community for property repairs and replacement.
Whether your claim has been denied or undervalued [meaning: you received a reduced or no payment in response to your claim], you should find competent counsel who you trust to challenge the insurance carrier’s evaluation and treatment of your insurance claim. A carrier’s denial or reduced valuation of your claim does not mean that the insurance carrier properly adjusted your claim.
Remember: Even if the carrier ends up paying you nothing in response to your claim, the claim will remain on your insurance record as having been made. This means that in the future, should you make another claim of any kind, this original claim can be used against you – particularly if you did not make the necessary repairs in response to the claim. It might also be used to increase premiums [or to continue providing insurance coverage to you] in the future. You may have received zero [or reduced] dollars for your insurance claim and yet still take the penalty of showing that claim on your record moving forward.
It is in your best interest not to let the carrier’s decision stand without review from a legal expert.
I often use the analogy that choosing to file for bankruptcy is like choosing to get liposuction.
When you want to lose body fat, you have a choice: You can continue to work out, and keep trying to lose the weight, or, you can go get liposuction, and lose the weight quickly.
It’s the same thing with bankruptcy. Many people will call me, not sure if they are quite ready to pull the trigger on filing for bankruptcy. They say, “I’m going to just keep trying to pay all these bills, or settle them,” when, clearly, the best thing for them to do would be to just get the liposuction – to just pull the trigger on bankruptcy and get rid of all their debt that they cannot afford to have.
What I tell people who are struggling with that decision is that: If you are struggling to pay, and struggling to keep up, and feeling the pressure, and losing sleep at night, then consider pulling the trigger on bankruptcy to give you peace of mind, to be done with it.
And, for many people, the early part of the year – January through March, i.e. the start of tax season – is the best time to consider doing just that.
It is the first few months of each year that most people think about filing for bankruptcy, because they have extra money – thanks to their tax return – to pay the legal fees that come with it.
We find, though, that bankruptcy, for whatever its reasons, is very cliché, and not in a good way. Even knowing that they should, and even with their tax return in hand, many people are afraid to move forward with bankruptcy because they do not want to have a bankruptcy on their record. What they must consider is that, if your credit is already in the toilet, filing for bankruptcy is not going to hurt you anymore.
I have been working in bankruptcy on behalf of clients for almost seven years. Many of my clients are not just people who want to get out of their bills. They are mainly people who have fallen on tough times, be it job loss, death, disability, divorce, something of the sort, and now cannot keep up with their financial obligations. Not because of anything they have done, but just because circumstances of life happened to them.
And I understand that embarrassing stigma. But bankruptcy is not meant for people who go on 20-day tours of Europe, and then decide to file for bankruptcy because they do not want to pay for their trip. Nobody comes to me for that reason. Ninety-nine percent of my clients come to me because of circumstances in life. Things did not go how they expected. Maybe they had no problem paying their bills prior to the circumstance, but then something happened, and they just can’t keep up.
Filing for bankruptcy allows you the chance to get your life back in order. And, especially at this time of year, you have a choice to make. Are you better off using your return to try and pay off some debt? Or are you better off filing for bankruptcy and getting rid of all your debts?
It is no easy decision. And a bankruptcy lawyer will not [should not] make it for you. Only after discussing with my clients their debt and their overall household bills and finances, do I give them the pros and cons of bankruptcy. I will not tell you whether you should – or should not – file. I give you all the options for you to make that decision.
I will ask you questions that you need to truthfully answer, such as: If you are considering using your tax refund, do you want to use it to settle your debts? If so, are you going to be able to settle your debts with that money? Or, would it be better invested with a bankruptcy attorney to help get rid of all your debts once and for all?
That is the real kicker. Don’t try to keep spinning wheels while hoping you’ll catch up. Because maybe you’ll pay back some loans, but you’ll still be in debt with other things, such as credit cards. Or, you can pay one fee, one flat-rate fee, and get rid of all your debts. That is the big kicker. That is what people are trying to decide what to do at this time of year.
But no matter your answers to those questions, and no matter your situation, I do strongly suggest people remember this advice: There is no shame in giving yourself an option that can free you from all that, and give you your piece of mind back. None whatsoever.
Sophia Dean’s practice focuses on bankruptcy and foreclosure defense. She has represented debtors in all stages of debt collection. She is the co-chair of the Orange County Bar Association’s Bankruptcy Committee. To contact Dean for a free consultation, or for more information about The Orlando Law Group, please visit TheOrlandoLawGroup.com or phone 407-512-4394.
Jennifer Englert has grown The Orlando Law Group through the years to allow her team to provide legal assistance to residents of many Central Florida neighborhoods.
Eight years ago, Jennifer Englert and another attorney founded The Orlando Law Group in Avalon Park with a mission to be the area’s “neighborhood” attorneys. They balanced community involvement with providing legal services to families that desperately needed them.
The concept was well received, so they opened a Lake Nona office nearly six years ago and added a Dr. Phillips office about three years ago. With that growth came expanded practice areas, including business, bankruptcy and personal injury.
Englert shares more about The Orlando Law Group in her own words:
How does The Orlando Law Group raise the bar for clients?
We are a team of highly experienced and dedicated le- gal professionals, each with different areas of expertise. We work together to solve legal problems and provide preventative legal services to solve legal issues before they happen. One key aspect that differentiates us from many firms is the care and compassion we bring to each and every client. Many of our clients become personal friends, provide referrals or are people we’ve worked with side by side while serving within the community.
What is one thing that others don’t know about your business but should?
We pride ourselves on being “Honest, Approachable Attorneys Who Care.” That is more than just a motto to us. At The Orlando Law Group, you can be sure that your attorney possesses both a sharp, experienced legal mind, and a friendly smile that will welcome and comfort you. What’s more, we are serious about preventative legal tactics, work- ing to solve issues for our clients before they blow up into legal messes. Simply put: we are here for you, and we have your back at all times!
How does The Orlando Law Group give back?
We all have charities we care about. We provided pro-bono legal and probate services for the families of Pulse victims and other services through legal aid. We help children by serving as members of Kiwanis, our local PTAs and by helping families with special needs children. We serve veterans by helping them obtain benefits. We are also involved in our local chambers of commerce and other business groups. Part of the reason we care so much is because we have a veteran on staff, many of us are parents, and a few of us have children with special needs. We draw upon our own struggles to aid others.
How have you evolved and diversified to ensure you truly are a full-service law firm?
Once we discovered how helpful it was to have various experts in several types of law on staff, we began to assemble a team with diverse backgrounds and expertise. We never wanted to send clients away to other firms or counsel, as working together provides better results in all legal matters. We realized how thankful clients were to have such a wealth of legal help close to home, so we strategically positioned our offices close enough to one another so that we can still work as a team and remain close to large neighbor- hoods around Central Florida.
There are many factors you should consider before hiring a lawyer. The truth is that law is a complicated matter. Some legal matters such as fighting a speeding ticket do not necessarily require you to hire an attorney. However, if you are charged with driving under the influence (DUI) or other serious crimes, you should hire legal help as soon as possible. Legally binding contracts and agreements have a great deal of legal jargon that you might not understand. Hiring an attorney to assist you in these contracts can save you a lot of money and prevent future complications.
While legal situations vary from person to person, to follow are 3 reasons why you should seek legal representation:
It can save you money. Fees vary from lawyer to lawyer, but most of the time attorneys will provide you with a free initial consultation. During the first meeting, you can evaluate the potential benefit of hiring a lawyer and further discuss what it will take to reach the goal of that particular challenge or project.
A good attorney will negotiate your settlement. An experienced lawyer who truly comprehends the law and your situation can properly assess how the case might resolve at trial. However, sometimes attorneys can negotiate with the other party and come to a fair settlement and avoid it all together.
Lawyers know the procedures. If you are not a lawyer, you will lack the knowledge necessary to properly fill out or file the court documents. Failing to do this or meet the required deadlines will put your case in jeopardy as it can either be delayed or completely dismissed.
While there are many “legal” tasks you can tackle on your own, it’s best to consult a professional in-order-to ensure you do not have to worry about unexpected issues later.
The new workplace isn’t really a place, it’s more a state of mind. You jump from meeting to meeting, talk over lunch, pitch over drinks, and create a “pop-up office” anywhere that has a place for your laptop or tablet, and of course Wi-Fi. For some who think smart logistically, you will manage to schedule full days to work solely at home, and other days where you move from meeting to meeting. Or, better yet, park yourself in a location, with coffee of course, and have your meetings come to you. We do suggest, however, that you purchase coffee or food, as those establishments have a business to run too.
If you want to succeed in this new frontier of business, being flexible in terms of time and space is vitally important. To follow are some key points that will help you steer in and around this territory:
Remain Charged
Is there an outlet you can plug into? Even if you’re at seventy percent – do it! The worst time to not have a fully-powered laptop is during a client meeting. And you can’t have your phone die when that unplanned conference call dial-in number gets texted to you. Whenever you have the chance to charge your devices, don’t miss it. You should also keep a portable charger in your bag for emergencies.
Do You Know the Hot Spots?
If you’ve already been practicing the impromptu office, you know the importance of free Wi-Fi and a calm place to work in-between meetings. Keep yourself organized by making a list of your favorite coffee shops, restaurants and hotel lobbies where you can tuck away in a corner and get 20-60 minutes of work done during downtime. This really helps when your local gathering place is too packed to be productive.
Create a Functional Work Bag
This is your office. You will want your laptop (or tablet), laptop plug, cell phone plug, headphones, toothpaste, toothbrush, lipstick (if it applies), cardigan (some places can be quite chilly), safety pin, hand cream, stain stick, Shout Wipes, breath mints, toothpicks, notebook, pen, pencil, mini deodorant — and that’s on a light day. Don’t go crazy, but just know that the day you don’t pack something is the day you will desperately need it.
Be Ready to Tackle AM and PM
There may be meeting-packed days that will go from scrambled eggs to cocktails, so you need to find outfits that can work all day long. If you’re a male, a solid suit. For women, this task is a bit more difficult. Great advice is that you can “always bet on black”. A little black dress lets you look professional during the day, and glamorous at night if you dress it up with sparkly jewelry.
Be Prepared to Pilot Map out your day in advance. The worst feeling is to be crisscrossing town from one meeting to another, never knowing if you’ll make it on time. Having a solid plan of attack allows you to not get unnerved by those unexpected challenges and hurdles that tend to get thrown in your way. There are great apps to help with that. If you’re really organized, you will use the app as you actually plan the meetings so that it makes, even more, sense logistically.
These are just a few tips to help you be more prepared and less frazzled. As always, we’re here to help you navigate even the murkiest of waters so that you can focus on your business.
So, go forth business warriors! This is the way business moves. Find your best way to move along with it.
Many board meetings are actually “bored” meetings. Leadership brings together their board members only to quickly present the material so they can get back to their “real” work. Without realizing it, you’re doing the company a disservice as the value of your board, if you have the right people, can be a tremendous source of insight and solid advice. The board’s job is to review the company’s financial performance and strategy and help provide counsel to the executive team. It’s up to you to manage them effectively.
Some boards are highly functional, many are not. Sometimes dysfunctional boards are a result of having investors who don’t really understand their role on the board or have the right skills or experiences to be helpful. Sometimes poorly run boards are a function of the executive team not knowing how to get the most out their boards.
To follow are some thoughts on how to make your interactions with your board more productive.
Communicate Frequently and Proactively
Do you wait until the actual meeting to correspond with the board? We advise that you send the board short, to the point, update emails at least monthly, especially if you meet quarterly or even less frequently. This keeps the board in-the-loop and does not give them the opportunity to come to their own conclusions about what is going on. Plus, you will be top-of-mind to people that matter and they will feel comfortable advocating on your behalf. Discussions Versus Presentations Many board meetings become really long slideshow presentations where management takes the board through pages and pages of financial results and plans. Send the presentation ahead of the meeting and instead use the time to have an open discussion on the key points.
Do you wait until the actual meeting to correspond with the board?
We advise that you send the board short, to the point, update emails at least monthly, especially if you meet quarterly or even less frequently. This keeps the board in-the-loop and does not give them the opportunity to come to their own conclusions about what is going on. Plus, you will be top-of-mind to people that matter and they will feel comfortable advocating on your behalf. Discussions Versus Presentations Many board meetings become really long slideshow presentations where management takes the board through pages and pages of financial results and plans. Send the presentation ahead of the meeting and instead use the time to have an open discussion on the key points. Your goal should be to have open dialogue with your board and take advantage of their expertise and experience.
Distribute Financial Information Prior to the Meeting
Financial information should be sent out 72 hours before a board meeting. If you send it out the night before, you’re practically guaranteed that it will not be read before that morning’s meeting. Remember, these are busy people too. Focus on Solving Strategic Issues Instead of wasting your time walking the board through financial information they should already be familiar with it. Spend your time walking through a few key decisions you’re trying to make and get their input on the topic. Set this expectation up front and your meeting will be more targeted towards results. Boards will only discuss the information you provide them and will mostly get off track if your agenda or your management style allows them to.
A Call Before the Meeting
If possible, have a quick call a day or two prior to the meeting with key members who will be reporting. This ensures you are up-to-date and onboard with what they will be presenting. This also helps you to create the agenda. Never be surprised at a board meeting. If you’re surprised at a board meeting it’s on you.
They Talk the Talk, Are They Walking the Walk?
Many things get decided at board meetings. If you took away actions — follow up. If a board member agreed to do something, hold them accountable. As with most meetings, much progress is squandered by lack of follow up. Lack of follow-up could put a real damper on progress and the board members who are living up to their promise on a particular task will become frustrated.
Meet in Person When Possible
There are times when you need to offer some board members the option to call-in to a meeting. That’s fine every now and then, but that usually results in people falling off the call, or becoming distracted. There is no way they’re as productive when it’s just voice. Also, having a well-functioning team with a high degree of trust in each other and confidence in each other’s opinions is critical to a successful board. And you simply can’t build relationships on the phone.
No Cell Phones Please
Help them be their best selves by banning electronic devices if you want a productive meeting. Schedule a 15-minute break in the middle of your meeting and inform people that there will be sufficient time to check in on their email during the break. Obviously, there are exceptions if they have something mission critical going on that might pull them away. But this should be the exception, not the rule.
Be Realistic With the Time Needed for a Meeting
If you’re trying to “get through your deck” and get back to work, then an hour is plenty. If you truly want input, discussions and relationships, schedule accordingly. Build Social Relationships Amongst Your Board Members We’re all so busy, but at least once or twice a year, schedule something that is purely social. We find it’s effective to hold a board meeting prior to the “social event” as they’re already together as a group.
Boards take work. But the best boards are super critical to your success and you get out of them what you put in.
If you have any questions about forming a board, or making the one you have even better, please feel free to schedule a consultation with one of the outstanding attorney’s at The Orlando Law Group PL.
A state arbitrator on Friday sided with a homeowner who challenged the way Poinciana’s homeowners association, one of the largest in the state, held its election of board members.
The arbitrator threw out the Association of Poinciana Villages’ results from a February election and ordered the group to hold a new election in August for the sprawling community of 26,000 homes in Osceola and Polk counties.
In question was whether Avatar, Poinciana’s developer and still a significant landowner, could cast one vote for every house it says it could potentially one day build on land it owns that is still undeveloped.
As a result of that practice, Avatar has been able to elect its representatives to the HOA board and maintain control over the 44-year-old community of more than 50,000 people, including the collection of fees, argued homeowner Martin Negron, who filed the complaint against the association.
He claimed he lost the February election because Avatar improperly cast more votes than it should have by claiming it could build hundreds of homes on land that is covered by marsh and wetlands. The association is made up of nine villages, which all conduct elections.
The order said counting so many votes for construction that may not be approved by the local county government “improperly diluted the votes of other members of all the associations.”
“Avatar may not maintain control of the sub-associations and thereby the association in perpetuity by an imaginary regulatory scheme where maximum density is the only law applicable to building a home,” wrote Terri Leigh Jones, an arbitrator with the state Department of Business and Professional Regulation, which oversees HOA elections.
Jeffrey Smith, an attorney with the Orlando Law Group who represented Negron, said the order is a win for the little guy — the people who own homes in Poinciana.
“It gives much more power and sets a good precedent for the members so they can control the community in which they live and not leave it up to some large corporation,” he said. “At least it puts the members on a fairer playing field with the developer.”
Avatar must now provide proof that it’s able under local and state codes to build the number of homes it uses to determine the amount of votes it will cast, according to the order.
A spokeswoman for the association said officials are still reviewing the order and did not provide immediate comment.
A separate lawsuit filed by three homeowners is challenging the association in Polk Circuit Court, while homeowners in another Avatar community, Solivita, also are suing the developer.
Keith Laytham, a resident of Solivita and an advocate for residents throughout Poinciana, called the arbitrator’s ruling a win.
“Fasten your seat belt because we ain’t done yet,” he said.
The qualifications necessary for an individual to be able to obtain a concealed carry license in the state of Florida are found in Fla. Stat. 790.06. For purposes of obtaining a concealed carry license, Fla. Stat. 790.06 defines concealed firearms and/or weapons as handguns, electronic weapon or devise, tear gas gun, knife or billie club but, does not include machine guns. If you are successful, your concealed carry license will be valid throughout the state of Florida for a period of seven (7) years.
To qualify for a concealed weapons license in Florida the applicant must:
Be a resident and citizen of the United States or a permanent resident alien of the United States;
Be at least 21 years old or older;
Not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;
Not be a convicted felon; (unless your right to own and possess a firearm was restored by executive clemency);
Have not been “committed” for drug abuse, found guilty of any drug crime or had an adjudication withheld for any drug crime, all within the last three (3) years from the date of your application;
Not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if the applicant has been convicted under s. 790.151 or has been deemed a habitual offender under s. 856.011(3), or has had two or more convictions under s. 316.193 or similar laws of any other state, within the 3-year period immediately preceding the date on which the application is submitted;
Not been adjudicated an incapacitated person under Fla. Stat. 744.331 or, must have waited five (5) years after such determination of incapacity was removed by court order;
Has not been committed to a mental institution under chapter 394, or similar laws of any other state. An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant to the law of the state in which the commitment occurred is deemed not to have been committed in a mental institution under this paragraph;
Not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or expunction has occurred;
Not had adjudication of guilt withheld or imposition of sentence suspended on any misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been expunged;
Not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence; and
Not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.
Even if you are not prohibited from the purchase and possession of a firearm under Florida or federal law, the following circumstances could still prevent you from qualifying for a concealed carry license in Florida:
If you have a “withheld adjudication” or “imposition of sentence suspended” on any felony or misdemeanor crime of domestic violence you must wait until three (3) years after all conditions set by the court have been completed. F. S. 790.06(k)
Under Federal law, if you have an indictment or information pending against you, you cannot qualify for a concealed carry license until that case has been disposed of.
The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged. The Department of Agriculture and Consumer Services shall revoke a license if the licensee has been found guilty of, had an adjudication of guilt withheld for, or had the imposition of sentence suspended for one or more crimes of violence within the preceding 3 years. The department shall, upon notification by a law enforcement agency, a court, or the Florida Department of Law Enforcement and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person from having a license under this section, until final disposition of the case. The department shall suspend a license or the processing of an application for a license if the licensee or applicant is issued an injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of repeat violence. F. S. 790.06(3)
Author: Jeffrey W. Smith, The Orlando Law Group
Jeffrey W. Smith is an attorney for The Orlando Law Group. His practice focuses on veteran appeals, family law, and civil litigation. He is a veteran of the United States Marine Corps, serving in Operation Desert Storm in the Middle East and Operation Restore Hope in Somalia. Jeffrey lives in Oviedo with his family.
Recently, as Hurricane Irma was closing in on Florida, Governor Scott issued a proclamation (not to be confused with “states of emergency” that are declared by local authorities under F. S. 870.044) and ordered the evacuation of certain areas of the state. As we are all now accustomed to scenes of rioting and looting during these types of emergencies; what can you do to protect yourself and your family if you do not have a concealed carry license during such an event and you are ordered to evacuate from one of the designated evacuation areas?
F. S. 790.01(3)(a) states that F. S. 790.01(1) (that makes it a first-degree misdemeanor for a person to carry a concealed weapon without a concealed carry license) does not apply to a person who carries a concealed weapon, or a person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a proclamation declared by the Governor (unless the proclamation specifically provides otherwise) pursuant to chapter 252 or a state of emergency declared by a local authority pursuant to chapter 870. As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered.
The 48 hours may be extended by an order issued by the Governor. Note the distinction between a “proclamation” and a “state of emergency” in that if the evacuation order is by proclamation of the governor, the lawful individual may be in possession of a firearm in a public place (unless provided otherwise specifically in the proclamation) as contrasted to a “state of emergency” under F. S. 870 that only permits the possession of a firearm by a lawful individual in a public place during the “first 48 hours” of the evacuation period whether you have a concealed carry permit or not.
Author: Jeffrey W. Smith, The Orlando Law Group
Jeffrey W. Smith is an attorney for The Orlando Law Group. His practice focuses on veteran appeals, family law, and civil litigation. He is a veteran of the United States Marine Corps, serving in Operation Desert Storm in the Middle East and Operation Restore Hope in Somalia. Jeffrey lives in Oviedo with his family.
👇 Now, read on to learn what Florida law actually says about private firearm sales.
How to Sell a Gun in Florida
When selling a firearm, there is a lot of regulation; however, most of it is designed for transactions between Federally Licensed Firearms Dealers (FFL) and private citizens. The good news is that when selling a firearm is conducted between two private citizens, the rules are simple and there is no wait time, but there are still a few legal requirements. In Florida, both persons (seller and buyer) would need to be residents of the State of Florida (or of the same state otherwise); be at least 18 years of age, and must not have any legal disabilities. For a complete list of legal disabilities, see the federal statute at 18 USC 922(g). This is true even for handguns, as opposed to the federal age requirement of 21 years of age for an individual to be able to purchase a handgun from an FFL dealer. The private seller is not required to ask if the buyer has any legal disabilities, but if the buyer tells you or you suspect the buyer may have a disability, you cannot legally sell to them. It would also be prudent to either copy or given technology today, take a picture of the person’s identification evidencing their Florida or same state residence in case any residency issues come up in the future.
Can I Sell My Firearm to Someone Outside of Florida?
What should I know if I want to sell to someone out of state? A private resident of Florida (or any state for that matter) may not legally purchase or sell any firearm directly from or to any private individual that is a resident of another state, period. However, there is a legal exception to get around this prohibition on private firearm sales to persons that are not residents of the same state as the seller.
Federally speaking, a firearm is not transferred until “delivery”. The steps that need to be taken to sell or purchase firearms from private individuals residing in different states are: 1) The firearm must be delivered and picked up at an FFL, for a small fee, in the buyer’s state. 2) The buyer will need to fill out the Form 4473 and obtain the criminal record check and approval in their resident state. 3) The sale must be lawful in the buyer’s resident state. With these steps, you will have a lawful delivery and sale according to federal regulations. Please note again that you cannot legally, directly deliver the firearm to the resident in the other state. Also, be wary of “strawman” transactions. It is a felony for a person to purchase a firearm for a non-resident or for someone with any legal disqualification. If you have reasonable cause to suspect the purchaser is a “strawman”, do not make the sale to that person. F.S. 790.065
What if I’m trying to sell a firearm to someone under the age of 18? Short answer, don’t do it. However, for those of you who enjoy tangling with the intricacies of the law, when the other party is under 18 years of age, it gets rather complicated. It is a felony to sell, give, or lend any person under 18 any weapon, UNLESS you receive prior written permission from one of the minor’s parents or legal guardians. Failure to obtain the parent’s or legal guardians prior written permission is a violation of F.S. 790.17 and a felony if the weapon is a firearm. Florida law forbids the possession of handguns, but not shotguns or rifles, for persons under the age of 18. (even though the Federal law requires you to be at least 21 years old to purchase a handgun from an FFL dealer.) There are a few exceptions to a minor’s legal use and possession of handguns, such as for target practice or handgun instruction courses. You will also still need prior written permission from the minor’s parent or legal guardian to engage in those activities as well. If the minor is 16 years or younger, it’s a felony for them to use the firearm, unless they are supervised by an adult legally permitted to have the firearm. If you were involved in their possession of a firearm, you could also be held civilly liable for damages caused by the minor. As earlier stated, this is a situation best entirely avoided.
Author: Jeffrey W. Smith, The Orlando Law Group
Jeffrey W. Smith is an attorney for The Orlando Law Group. His practice focuses on veteran appeals, family law, and civil litigation. He is a veteran of the United States Marine Corps, serving in Operation Desert Storm in the Middle East and Operation Restore Hope in Somalia. Jeffrey lives in Oviedo with his family.
One of the most important choices a new military member can make upon enlistment is enrolling in the Montgomery GI Bill Educational Assistance Program. Active duty members who enroll and pay $100 per month for 12 months are then entitled to receive a monthly education benefit once they have completed a minimum service obligation of two years. Eligible Servicemembers may receive up to 36 months of education benefits. The monthly benefit paid to you is based on the type of training you take, the length of your service, your category, any college fund eligibility, and whether or not you contributed to the $600 buy-up program. You usually have 10 years to use your MGIB benefits, but the time limit can be fewer or more years depending on your particular situation. Some Servicemembers may contribute up to an additional $600 while on active duty to the GI Bill to receive increased monthly benefits of up to $5,400 in additional GI Bill benefits.
But keep in mind that even if you contribute the full $1200 – $1800 dollars to the GI Bill, in order to qualify to receive the benefits you must also have an honorable discharge; AND a high school diploma or GED or in some cases 12 hours of college credit; AND you must also meet the requirements of one of the categories below:
CATEGORY I
Entered active duty for the first time after June 30, 1985
Had military pay reduced by $100 a month for first 12 months
Continuously served for three years or two years, if that is what you first enlisted for or if you entered the Selected Reserve within a year of leaving active duty and served four years (the 2 by 4 program)
CATEGORY II
Entered active duty before January 1, 1977
Served at least one day between 10/19/84 and 6/30/85, and stayed on active duty through 6/30/88, (or through 6/30/87 if you entered the Selected Reserve within one year of leaving active duty and served four years)
On 12/31/89, you had entitlement left from Vietnam-era GI Bill
CATEGORY III
Not eligible for MGIB under Category I or II
On active duty on 9/30/90 AND separated involuntarily after 2/2/91
OR involuntarily separated on or after 11/30/93
OR voluntarily separated under either the Voluntary
Separation Incentive (VSI) or Special Separation
Benefit (SSB) program Before separation, you had military pay reduced by $1,200
CATEGORY IV
On active duty on 10/9/96 AND you had money remaining in a VEAP account on that date AND you elected MGIB by 10/9/97
OR you entered full-time National Guard duty under title 32, USC, between 7/1/85, and 11/28/89, AND you elected MGIB during the period 10/9/96 – 7/08/97
Had military pay reduced by $100 a month for 12 months or made a $1,200 lump-sum contribution.
In the event you are discharged from the military under some other characterization other than an “Honorable” discharge, all is not lost. Often times many Servicemembers are able to have their discharge disposition upgraded to Honorable. In that instance, as long as the Servicemember otherwise qualifies, the MGIB benefits should then be available. Keep in mind though that to “otherwise qualify” means that you contributed at least $1200 dollars to the MGIB while on active duty and that the Servicemember served on active duty for at least two years AND has a high school diploma or GED or in some cases 12 hours of college credit; AND further qualifies under one of the four previously mentioned categories. Unfortunately, except for some very few rare exceptions, the MGIB is a use it or lose it benefit.
If the Servicemember contributes $1200 dollars and does not complete at least two years of active duty, you lose the benefit even with an Honorable Discharge. If you contribute $1200 dollars and serve two or more years and are discharged with a discharge code that is not “Honorable”, you will not qualify until you have upgraded your discharge disposition and keep in mind, the clock is ticking. If you are not able to successfully upgrade your discharge to Honorable within 10 years, there is a good possibility you will lose the MGIB benefits.
Obtaining a U.S. passport for your child will require slightly more work than it will take to get one for yourself. To start, both parents or guardians must be present when applying for the passport, except in certain circumstances that will be explained below. Every U.S. citizen needs a passport to enter and leave foreign countries, so even your infant will need to complete the following steps, which cannot be done by mail for first time applicants.
The first step is completing application form DS-11, which may be done either in writing or online. The requested personal information includes your child’s full name, date and place of birth, gender, phone number, travel plans and an emergency contact. Next, you must gather supporting documents to be presented at the time you submit the application at a passport office. You will be required to show: evidence of your child’s U.S. citizenship; proof of the parents’ or guardians’ relationship to the child; a photo ID of the parents/guardians or the child; a photocopy of identification documents; and one passport photo of your child.
Evidence of U.S. citizenship may be demonstrated by: a previously issued, undamaged passport; a certified birth certificate issued by the city, county or state; a consular report of birth abroad or certification of birth; a naturalization certificate; or a certificate of citizenship. To obtain certified copies, contact the registrar’s office of the state where your child was born, and be sure to get the “long form”. Evidence of parental relationship may be demonstrated by: the child’s U.S. birth certificate; foreign birth certificate; adoption decree; divorce/custody decree; or consular report of birth abroad of a U.S. citizen. The parent(s) or guardian(s) applying for the child’s passport must submit photo ID if the child does not have one, an undamaged passport or valid driver’s license will suffice.
If one parent/guardian is unable to appear, the DS-11 application must be accompanied by a signed, notarized form DS-3035: statement of consent from the non-applying parent/guardian. If one parent/guardian is absent and cannot be located, the applying parent must submit form DS-5525: statement of exigent/special family circumstances. The statement must explain in detail the non-applying parent/guardian’s unavailability and the recent efforts made by the applying parent to contact the unavailable party. The applying parent may also be required to provide evidence to document his/her claim of exigent or special circumstances. Evidence may be in the form of a custody order, incarceration order, or restraining order, for example. To protect against international parental child abduction, the Passport Agency processing the application may ask for additional details if the statement is determined to be insufficient.
If the minor has only one parent/guardian, evidence of sole authority to apply for the minor must be submitted with the application. Evidence may include: a U.S. or foreign birth certificate, consular report of birth abroad, or adoption decree, listing only the applying parent; a court order granting sole legal custody to the applying parent; a court order specifically permitting applying parent’s travel with the child; a judicial declaration of incompetence of the non-applying parent; or the death certificate of the non-applying parent.
If you are a parent or guardian and find yourself in need of obtaining a passport for your minor child, particularly if needed during the course of a divorce or paternity proceedings, please contact one our outstanding attorneys at The Orlando Law Group, P.L.
Most owners in Florida know that when they want to buy or sell their unit or house that they need to contact the community association, or its attorney, to get an estoppel letter. Both the Florida Condominium Act and Florida Chapter 720 regarding homeowners associations specifically devote sections to estoppel letters a/k/a certificates of assessments. See 718.116(8) and 720.30851.
But what is an estoppel letter/certificate and why is it important to me? An estoppel certificate is a letter from the association that states any amounts due and owing for fees and/or assessments for a particular unit or house that is valid for 30 days from the date of the letter. The reason it is important is that once you purchase the property, you become liable for all past and present debts on that property. Although there is no statutory form of an estoppel letter, §720.30851 Fla. Stat. requires that the certificate be signed by an officer or authorized agent of the association stating all assessments and other moneys owed to the association by the parcel owner or mortgagee with respect to the parcel. However, it is good practice to include or request within the estopple letter/certificate: the name of the association; the name of the unit/parcel owner; description of the property; the total amount owed to the association; the date through which that total amount is owed; instructions on where to send the payment and signature of an officer of the association or authorized agent.
Upon request of the estoppel letter, the homeowners’ association may charge a reasonable fee for the preparation of the letter, however, an interesting caveat of §720.30851(3) Fla. Stat. states that if the certificate is requested in conjunction with the sale or mortgage of a parcel, but the closing does not occur and no later than 30 days after the closing date for which the certificate was sought the preparer receives a written request, accompanied by reasonable documentation, that the sale did not occur from a payor that is not the parcel owner, the fee shall be refunded to that payor within 30 days after receipt of the request. The refund is the obligation of the parcel owner, and the association may collect it from that owner in the same manner as an assessment as provided in this section. As with any legal transaction, knowledge is power. According to https://www.stateofflorida.com/facts.aspx (StateofFlorida.com) approximately 1,000 people move to Florida each day. Many of those people come from areas that do not have homeowners’ associations and new Florida residents are often surprised to learn that even though the homeowner may be up to date on their mortgage payments, that failure to pay homeowners’ fees and assessments can lead to foreclosure as well, regardless of your current mortgage status.
If you are considering purchasing property governed by a homeowners’ association or if you already own a home within a homeowners’ association and find yourself in need of legal advice regarding a dispute with the association, the knowledgeable attorneys at The Orlando Law Group, PL can help.
Author: Jeffrey W. Smith, The Orlando Law Group
Jeffrey W. Smith is an attorney for The Orlando Law Group. His practice focuses on veteran appeals, family law, and civil litigation. He is a veteran of the United States Marine Corps, serving in Operation Desert Storm in the Middle East and Operation Restore Hope in Somalia. Jeffrey is a graduate of Oviedo High School and lives in Oviedo with his family.
Some years back UCLA did a survey of 1300 executives around the country and they asked for five traits that were keys to hiring and advancement for employees. All 1300 of them included INTEGRITY somewhere in the list.
Here’s the real kicker. 71% of them rated INTEGRITY NUMBER ONE! Being TRUSTWORTHY is an integral part of integrity. So, obviously, being trustworthy is a critical character trait if you want to move up the corporate ladder, keep your employees, or build your customer base.
Bob Burg will tell you that all things being equal people will do business with people they know, like, and TRUST.
The first law of the Boy Scout Law, which defines how a Boy Scout is supposed to live their life, is “A Scout is Trustworthy”. Here’s the explanation: “A Scout always tells the truth. He is honest and keeps his promises. People can depend on him.”
Our trustworthiness is also quite obviously a key to our relationships with others.
If your spouse or significant other can’t trust you, the relationship is destroyed.
If your friends can’t trust you and count on you, then they will simply no longer expect anything from you and eventually will simply stop being around you or having your around.
If your co-workers can’t trust you, then you will not be able to function as part of a team.
If your employees can’t trust you, they will become disengaged and productivity suffers; not to mention the bottom line.
We know this, yet somehow the focus on trust seems to be lost somewhere in the desire to “close the deal” or secure what we want. When we focus on trust, however, we find that acquiring those things and closing that deal becomes easier because of who we are and what we stand for.
When we are trustworthy, we are the go to person that everyone counts on to make it happen. That has value in so many ways, including financially.
Being trustworthy is the deal-maker…or the deal breaker.
Here are some ways you can build trust on a daily basis:
PRODUCE RESULTS – when you have a proven track record of accomplishing things people will trust you to meet the deadline or to accomplish the task or lead them.
GIVE YOUR WORD ONLY WHEN YOU MEAN IT – Don’t make promises you can’t keep.
KEEP YOUR WORD AT ALL COSTS – This is critical. When people know that you are going to do what you say you are going to do no matter what, then your trustworthiness grows and builds over time.
BE CONSISTENT – Consistency is a key to both trustworthiness and integrity. People need to know what they can count on.
RESPECT YOURSELF AND OTHERS – When you show respect for other people and respect yourself, then people will believe and trust that you are who you say you are and you will do what you say you are going to do.
Are you trusted? Who do you trust? Where can you deepen the levels of trust? What action will you take today to rebuild trust?
You will be asked for your name and email – no sales call unless you request it.
Author: Paul Simkins
Paul Simkins is a Performance Management Trainer, Speaker, and Coach who helps organizations and individuals re-engage their employees, maximize productivity and experience optimal team cohesion. Paul is a second-generation native of Orlando and currently lives in Oviedo.