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The Fair Labor Standards Act (FLSA) establishes a minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and Federal, State, and local governments. Unless you fit into an exemption, the Fair Labor Standards Act (FLSA) requires virtually all employers to pay employees at least the federal minimum wage for each hour worked and to pay overtime for all hours worked more than 40 in a workweek. Non-exempt employees are entitled to overtime pay, while exempt employees are not.
Most employees covered by the FLSA are non-exempt. Whether employees are exempt or non-exempt depends on (a) how much they are paid, (b) how they are paid, and (c) what kind of work they do. With few exceptions, to be exempt, an employee must (a) be paid at least $23,600 per year ($455 per week), (b) be paid on a salary basis, and (c) perform exempt job duties. Most employees must meet all three “tests” to be exempt from the FLSA. This blog is only regarding the FLSA pending changes. Keep in mind that this discussion is limited to rights under the FLSA changes. Exempt employees may have rights under other laws or by way of employment policies or contracts that exist outside of the scope of the FLSA.
On September 24, 2019, the Department of Labor reached a final rule that will increase minimum salary requirements for the administrative, professional, and executive exemptions from $23,600 per year ($455 per week), to $35,568 annually ($684 per week). This rule is set to take effect on January 1, 2020. For currently exempt employees, if you are making less than $35,568.00 annually, under the new changes, you would be a non-exempt employee. This means that you are entitled to overtime hours, even if you are a salaried employee. Non-exempt employees are entitled under the FLSA to time and one-half their “regular rate” of pay for each hour they actually work over the threshold in the applicable work period (Usually 40 hours).
Under the new rule, employers can satisfy up to 10% the annual payment threshold through bonuses, incentive payments, and commissions for exempt employees, but the other 90% of the threshold must be paid at a regular rate equal to $615.60 per week. The FLSA changes allow for the employer to make a final catch up payment within one pay period of the end of the year if the employee’s compensation has not reached the required level. If the employer chooses and properly prepares for this option, they are only required to pay their employees 90% of the required salary level ($615.60) per week. At the end of the year, the employees paid-out salary plus bonuses, incentive payments, and commissions do not equal at least $35,568.00 annually; the employer would have to make up the difference within one pay period. After this one pay period, the employer would be in violation of the FLSA regarding exempt employees if they have not paid at least $35,568.00 annually.
If you are an employer, it would be wise to review the status of your employees to determine whether your exempt employees are properly classified under the new rules. If your previously exempt employees were making less than $35,568.00, they will no longer be exempt, and you will be required to pay overtime at time and a half for every hour worked over 40 hours. Reevaluating your employees would also help determine whether reclassifying an employee is a financially wise decision. If the employee does not meet the threshold for exempt status and rarely works overtime, it might be a better decision to reclassify that employee as non-exempt instead of raising their salary by more than $10,000.00. On the other hand, if an employee who works regular overtime is close to the exempt salary threshold, it may be wise to increase their salary to save money on the overtime.
The FLSA is a complex system of laws regulating most employer/employee relationships. If you are unfamiliar with the FLSA and what impacts it may have on your business, do not hesitate to contact a lawyer. The Orlando Law Group, PL is ready to help with all of your employment needs.
By Attorney Sophia Dean
The Student Debt Crisis in Numbers
There are various reasons which prevent people from being able to make their student loan payments. As of 2019, Americans collectively owe over $1.56 Trillion in student loan debt. This is spread out by nearly 45 million individuals who are paying back their student loans.
Out of this increasingly large group, there are, of course, individuals who will find themselves in circumstances which will prevent them from making their payments. These people are not alone. In fact, there are roughly 3.7 million student loans in deferment and 2.6 million in forbearance. The good news is that there are deferment and forbearance options which can alleviate some of this stress and allow you to get back on stable ground.
What to Know About Deferments and Forbearances
While there are several options for individuals who are experiencing difficulty paying back their student loans, like income-based repayment, we commonly see deferments and forbearances. On the surface, these options may seem similar, but they actually have several differences which can make them more or less suitable for certain situations. Both allow you to temporarily stop making federal student loan payments or temporarily reduce the amount you pay.
A key reason to look into these options is to help to avoid defaulting on your loans, which can cause significant consequences.
Based on the type of loan you took out, your interest may accrue during this time. Because this will add to the total cost of the loan, it is important to be clear about these details. It is also important to make sure that you have completed the steps necessary to attain an active deferment or forbearance so you don’t miss payments and negatively affect your credit score.
The important question is, Which choice is right for you?
What are the Differences Between Deferments and Forbearances?
The most important thing to know about deferments and forbearances is that they are not one and the same.
A Deferment can be an excellent solution for people experiencing certain circumstances. On particular loans, you may not be responsible for paying the interest that accrues during this period.
Your lender or loan servicer may offer different deferment options based on your particular situation. For example, federal loans have the following deferment options:
● Economic Hardship Deferment
● Graduate Fellowship Deferment
● In-School Deferment
● Military Service and Post-Active Duty Student Deferment
● Parent PLUS Borrower Deferment
● Rehabilitation Training Deferment
● Temporary Total Disability Deferment
● Unemployment Deferment
A Forbearance is a period during which your monthly loan payments are temporarily suspended or reduced. If your particular situation includes financial hardship that prevents you from making loan payments even though you are willing, your lender may grant you a forbearance. During this period of time, the principal payments are postponed. The one caveat is that interest continues to accrue.
You could potentially qualify for a forbearance if you are temporarily unable to make scheduled monthly payments for the reasons listed below:
● Financial difficulties
● Medical expenses
● Change in employment
● Other reasons acceptable to your loan servicer
Because the loans continue to accrue interest during the forbearance term, it is smart to continue paying at least the monthly interest. This method is helpful as it resolves any delinquency on the account.
There are also two different kinds of forbearance—General and Mandatory.
Also known as a “discretionary forbearance”, a general forbearance can be requested due to financial difficulties, medical expenses, change in employment, and/or other reasons acceptable to your loan servicer. It is at the discretion of the loan servicer whether to honor this request or not, hence the name. These can be granted for periods of no longer than 12 months but can be requested again when this time expires.
Mandatory forbearances MUST be honored by loan servicers as long as the individual meets the eligibility criteria. There are more options for eligibility for mandatory forbearances and each one has more specific qualifications and stipulations attached, but the major requirements are;
● If you are serving in a medical or dental internship or residency program
● If you are participating in a teaching service which would qualify you for teacher loan forgiveness
● If the amount owed on your student loan is equal to or greater than 20% of your total monthly income
● If you qualify for partial repayment of your loans under the Department of Defense Student Loan Forgiveness program
● If you are a recently activated member of the national guard but are not eligible for military deferment
As with discretionary forbearances, a mandatory forbearance is granted for a maximum of 12 months. However, this may be extended as long as you continue to meet the eligibility requirements.
Postpone or Reduce Student Loan Payments Next Steps–How to Seek Out a Deferment or Forbearance
Both deferments and forbearances are excellent options for people struggling to pay their student loans due to temporary financial hardships. However, if your financial woes are likely to continue for an extended period of time, it may be a better option to change to an income-driven repayment plan. These are based on your discretionary income, size of your family and multiple other factors. If your loan is not repaid after 20-25 years, you may also qualify for student loan forgiveness as well.
If your circumstances are likely to improve within a reasonable amount of time, it would be a good idea to consider a deferment or forbearance. It is important to remember that your loan servicer does not work for you. The best course of action is to use an outside source such as a well-versed attorney with expertise the variety of student loan options. They will assist you in deciding if a deferment or forbearance is the most applicable in your individual case. Having someone to trust can drastically help reduce the stress and worry associated with dealing with student loan debt.
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. For more information, visit www.TheOrlandoLawGroup.com.
The Orlando Law Group Welcomes Another Excellent Attorney
Orlando, FL (September 6, 2019) – The Orlando Law Group is proud to announce the addition of attorney M. Florence King to the firm. King brings a plethora of leadership, along with 15 years of experience working predominantly within the community association industry.
A graduate of Ave Maria School of Law in 2005, Ms. King spent the early years of her career working for Park Square Enterprises, gaining experience in title closings and land acquisition. After the Great Recession of 2008, she took an opportunity with Larsen & Associates, P.L., a small, local community association law firm in need of managing their unplanned growth in association collection matters. King, who’s unique background also includes accounting and computer programming, helped innovate and automate several processes, leading that firm towards becoming a top performing association law firm in Central Florida.
King was drawn to The Orlando Law Group’s dedication and commitment to the people and communities they serve. She believes these principles and values should serve as the backbone of doing community association law with a renewed dedication to the homeowners within those associations.
“Community association legal representation oftentimes brings an adversarial atmosphere to communities,” said King. “I think it can be done better. I think the real win is in fostering a mutual bond amongst the homeowners within the community where everyone properly understands the benefits of abiding by the rules and regulations, and how abiding by those rules and regulations helps create a powerful, common vision for the community where property values increase, community harmony is enhanced, and homeowners can obtain a genuine sense of pride for the place they call home.”
While King’s experience will enhance the firm’s community association representation, she is looking forward to diversifying her legal practice. “I’m passionate about serving people,” said King. “I’m thrilled to be given an opportunity to work with a firm that is founded on that same value, and I’m looking forward to utilizing my education and experience to enhance the lives of others through the practice of law.”
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. For more information, visit www.TheOrlandoLawGroup.com.
A reverse mortgage is a loan available to homeowners aged 62 years or older that allows a homeowner to borrow against the equity they have in their house in the form of a lump sum, fixed monthly payment, or line of credit.
Unlike a typical mortgage, with a reverse mortgage, the bank pays the owner of the house monthly mortgage payments, and when the owner of the house passes away or chooses to sell the home, the entire reverse mortgage balance becomes due and payable.
As long as the borrower is 62 years of age or older and lives in the home, he or she is not required to make any monthly payments towards the loan balance. The concept of the reverse mortgage originated as a way to help retirees with limited income use and benefit from the equity which they have built up for their house without having to sell the property.
With these types of mortgages, the owner of the property is ultimately responsible for the property taxes, homeowners’ insurance premium, utilities, fuel, maintenance, and other common household expenses. If only one spouse signed the loan paperwork, in certain situations, the other spouse may continue to live in the home even after their spouse passes away if he or she continues paying the above-noted bills and maintains the property. However, since the other spouse was not a part of the loan, all payments under the reverse mortgage will cease.
Most reverse mortgages have a “non-recourse” clause, which means that the value of the reverse mortgage cannot exceed the value of the home when the loan becomes due and payable. This can be beneficial upon the death of the homeowner because there will not be any bills related to the reverse mortgage outside of the equity in the house.
No other assets in the estate of the deceased homeowner are affected. There are three different types of reverse mortgages. As with any type of transaction, it is important to shop around for the best option for your home and fully understand the complexities of the transaction before locking yourself into a long-term loan.
Single-Purpose Reverse Mortgage
With this type of mortgage, homeowners can use single-purpose reverse mortgage proceeds only to pay for specific items that are approved by the lender. This single purpose may be for necessary repairs and maintenance, or payment of property taxes. The lender on this type of file is a state, local, or non-profit agencies. This type of mortgage considered the least expensive type of reverse mortgage. This option can be beneficial to many homeowners because it offers fewer expenses and fees than other types of reverse mortgages.
Home Equity Conversion Mortgage
This type of mortgage is likely to be more expensive and is the most widely used version of the reverse mortgage. This is because there are no income requirements, and the proceeds from the loan can be used for any purpose. This loan does not carry the same single-purpose limit detailed above.
The Home Equity Conversion Mortgage, or HECM, is insured by the Federal Housing Administration, or FHA, which means it has loan limits and some additional guidelines in place to protect borrowers. The HECM loan limit, or maximum claim amount, for 2022 is $970,800. That means the highest home value that can be used to calculate your reverse mortgage proceeds is $970,800.00.
Counseling is typically required before applying for this loan due to the higher expenses, interest rates, and payback requirements of this loan. Because this is a federally insured mortgage, there are usually high up-front or monthly ongoing insurance payments. These payments are usually taken out of the loan itself, and reduces the amount you are able to borrow.
Proprietary Reverse Mortgages
A proprietary reverse mortgage is not available to the average homeowner. As of 2022, in order to qualify for this type of reverse mortgage, your home must have a value of at least $970,800.00. This is not a federally insured mortgage and often has less stringent insurance requirements.
If you are considering this type of loan, you should also apply for the Home Equity Conversion Mortgage. This way, you can compare fees for both types of reverse mortgages to find out which loan fits better for your situation.
Wrapping It Up
Reverse mortgages do possess a poor reputation in the eyes of many due to several scams which look to target unsuspecting seniors and dishonest marketing to try to get homeowners to take out reverse mortgages. For instance, in late 2021, the Consumer Financial Protection Bureau filed a complaint and levied a $1.1 million fine against American Advisors Group for deceptive marketing regarding reverse mortgages.
Using a reverse mortgage can eat up the equity in your home, meaning there is less value to your estate that is left for your heirs. If your goal is to leave the house for your heirs to live in, a reverse mortgage may not be the right type of loan for you. On the other hand, using a reverse mortgage may allow older homeowners to better manage their expenses during retirement. You also would not have to pay taxes on the income you receive from a reverse mortgage, as it is not taxable because the IRS considers that income as “loan proceeds.”
Reverse mortgages have both pros and cons, and it is important that you understand the complexities of a reverse mortgage to know whether such a loan is right for you and your family. If you would like to discuss how a reverse mortgage may benefit your situation, please contact an attorney at The Orlando Law Group, P.L. via phone at 407-512-4394.
The attorneys at The Orlando Law Group represent individuals throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you are dealing with a real estate or estate planning issue, are wondering if a reverse mortgage is right for you, or are looking to establish your own estate plan, please reach out to our office at 407-512-4394, or 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.
In today’s age, people of all ages are very active online- whether it be connecting with family and friends, sharing what they are doing and where they are doing it, sharing photos and videos from their mobile device, or building online profiles which describe who they are. While the internet has made it easy to share this information, doing so comes with certain risks, especially for kids. Here we discuss those risks and how can you discuss them with your child(ren).
Talking To Your Kids About Staying Safe Online
The best way to protect your kids online is to talk to them about it. As soon as your child starts using a phone, mobile device, or computer, you should begin the conversation of online safety. As parents, you should initiate the conversation. You can use everyday opportunities to initiate the conversation. For example, news stories about cyberbullying or texting while driving can spark a conversation about their online experiences and your expectations.
When communicating your expectations, be specific about what’s off-limits, and what you consider to be unacceptable behavior. During these conversations, it is important to be patient and supportive. Resist the urge to rush through having the conversation; most children need to hear things more than once before it sinks in so you should have a short conversation about this more than once. Work to keep the lines of communication open. Listening and taking their feelings into account will help keep the conversations productive.
Parents or guardians should consider the unique ways to speak to kids and teens
There is no question that as children get older you have to communicate with them differently. Learning how to talk about online safety through the years is important to make an effective impact on your child’s online behavior and safety. For young kids, supervision and parental controls are the best ways to monitor their online activity. Some features available are filtering and blocking, browsers for kids, and disabling in-app purchases from your device.
As young kids get older and turn into tweens, they like to feel independent. They also may be at the age where they are tech-savvy enough to get around the parental controls that once worked. An alternative action you can take at this stage is setting time limits on use. When children turn into teens, they begin to form their own opinions and take on the value of their peers. The most valuable thing you can do is talk about credibility, manners, and expectations.
Addressing kids and social networking
Kids share a lot online from pictures, videos, whereabouts, thoughts, and plans with their friends, family, and sometimes strangers too. Some downfalls with online socializing are oversharing too much information, or posting pictures, videos, or words that can damage a reputation or hurt someone’s feelings. So, what can you do to keep your kids safe? Remind your kids that online actions have consequences. The things they share could be seen in the future by colleges and other people who can influence their future.
Cyberbullying is bullying or harassment that happens online. Help prevent cyberbullying by talking to your kids about bullying. Let them know that they can’t hide behind the words they type or images they post or send to others. Recognize the signs of cyberbullying – it often is in the form of mean-spirited comments, and if you do see this, make sure they know to say something.
Using Mobile Devices
It is each parent’s responsibility to decide when is the right age for their child(ren) to have a phone or mobile device. Whenever that time may come, it’s important to know the various ways that you can keep them safest with it. Most wireless companies have settings that allow parents to turn off features like web access, texting, or downloading/in-app purchases. Many smartphones today also have GPS location on them – this technology can be beneficial for you as a parent, but it also allows for their friends and possibly strangers to know their whereabouts.
If your child’s mobile device is a smartphone, there are hundreds of apps that are available to them. You should know that there is a chance that apps might collect and share personal information, let your kids spend real money (even if the app is free), and link to social media, all without you being aware. To avoid these possible negative effects of apps, you should read the description, content rating, and user reviews, and check what information the app collects before downloading. Most apps also allow you to restrict content, set passwords, and turn off Wi-Fi so it can’t connect to the internet.
When it comes to texting, encourage manners. Texting shorthand can lead to misunderstandings, so it’s important kids think about how someone else may interpret the message. You should also remind your kids to ignore texts from people they do not know and when it comes to sexting, do not do it! Aside from risking their reputation and friendships, they could be breaking the law if they create, forward, or even save this kind of message.
Making Computer and Internet Security A Habit
The security of your computer affects your user experience, and also that of your kids. Certain types of software can install viruses on your computer, send unwanted ads, and monitor your computer use. To avoid these problems, use security software and keep it updated, keep your operating system, web browser, and apps up to date, and allow the use of multi-factor authentication.
You should let your children also know that it is important to create strong passwords and keep them private, not to provide personal of financial information unless the website is secure, and watch out for “free” stuff. An important tip to teach your kids: If the URL does not start with “https,” don’t enter any secure information – the “s” means that your information is encrypted.
This month we celebrate the tenth anniversary of The Orlando Law Group.
On August 8, 2009, I took a leap of faith that the Central Florida region would benefit from a law firm that puts people first and cares deeply about the community. We knew our clients wanted a firm staffed with attorneys who precisely focus on all areas of law.
Back then, I had a small office with two lawyers and no support staff. When I started up, the firm was agile, focused on growth and service, and I knew that what we had to offer could dramatically change many of our clients’ lives for the better.
Now, a decade later, I’ve seen a lot of change and have learned quite a bit along the way. As I reflect, there are five things I have learned that stand out.
- The law is continually evolving. Like many industries, the legal world is subject to change and improvement over time. New laws are created, and we are responsible for understanding the fine details on how they affect our clients. Sometimes these laws are only small changes to existing laws and other times entirely new laws are put into place, like the current bill filed with the state of Florida to decriminalize marijuana. What makes us successful is our ability to learn these new laws and understand how they apply to current and future clients.
- Our clients’ needs have become more complex. The practice of law is exciting in that there are so many different legal areas. Over the past ten years, it’s become clear that it is impossible to draw definitive boundaries around each practice. So many times we have to take into account several areas of law when we work with a client. Family Law, for example, can stretch into business law and estate planning quite easily. As a firm, my team’s ability to be nimble and creative is a tremendous asset. We are able to look at the big picture for a client and provide them with a complete solution, even when their needs span multiple areas of law.
- A dedication to the community is critical. If any new business owner were to ask me for advice on how to be successful, I’d tell them that being an active member of the community is very important — the communities in which we serve benefit in countless ways when business get involved. As business owners, we have the experience to think critically about solving problems, we can assemble teams to accomplish great things, and we can inspire others to do the same. From the beginning, The Orlando Law Group has made community involvement and service a hallmark of how our firm operates.
- Surround yourself with positive, uplifting people. There’s a saying that suggests that you are influenced more by the people you surround yourself with than by any other source. I believe it. From the beginning, I’ve always found that when I work, socialize, and volunteer with people who have a positive and uplifting attitude, we accomplish more, and every outcome is rewarding. I encourage everyone to seek out the positive people in their lives and simply spend time with them. Their spirit is contagious and can affect you in profound ways.
- Set big goals and work tirelessly towards them. After a decade, my firm has grown to five offices with two dozen employees. My goals are substantial, and they get bigger all the time. When you set big goals and make a strategic plan to achieve those goals, amazing things happen. I truly love what I do. It’s my purpose in life, and that is why I work so hard to help as many people as possible. It’s not about how many offices we have or how many employees come to work every day. What matters most is that we have a positive impact on the lives of our clients.
I am fiercely proud to be celebrating our 10th anniversary today. In some ways, it feels like just a few moments have past and in others a lifetime. I do know this; we continue to be agile and aggressive. We continue to work with endless dedication to our clients. And while we celebrate ten years of serving our clients and our community, we are now focused on the next ten. 2029, here we come.
In Florida, courts adhere to Florida state statutes when shaping a timesharing schedule, and specifically look to Florida Statute 61.13. When deciding upon a timesharing schedule, the courts make their determination based on a multitude of factors; a total of about 20 factors, to be exact. These factors include, but are certainly not limited to: the demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required; the demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent; the moral fitness of the parents; the mental and physical health of the parents; and the reasonable preference of the child. The bottom line is, when Florida courts determine a timesharing schedule, they make that important decision in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act.
Florida Statute 61.13 states that each minor child should have frequent and continuing contact with both parents during a separation and after a marriage is dissolved. The court adheres to the notion that parental responsibility is shared by both parents, unless the court finds that the continued sharing of parental responsibility by both parents would be detrimental to the child.
We are all aware that divorce or separation often results in a rollercoaster of emotions, even between the most logical and reasonable of parents, and situations may arise during and after a divorce or separation that lead to conflict between parents. If such distress leads one parent to begin restricting or altering the time-sharing of the other parent, Florida Statute 61.13(4)(c) states that the Court may take any of the following actions:
- Reimburse the denied-parent, as soon as possible, for the time-sharing missed. This is done at the convenience of the denied-parent and at the expense of the noncompliant parent; or
- Order the noncompliant parent to pay reasonable court costs and attorney’s fees to the denied parent for the expenses incurred from bringing an action to enforce the time-sharing schedule; or
- Order the noncompliant parent to attend a parenting course; or
- Order the noncompliant parent to perform community service; or
- Order the noncompliant parent to have the financial burden of promoting continuous contact, if the child resides more than 60 miles away from the compliant parent; or
- Modify the parenting plan if it is in the best interest of the child; or
- Impose any other reasonable sanction as a result of the parent’s noncompliance.
In addition to the possibilities listed above, if a parent refuses to honor the time-sharing schedule, they may be found in contempt of court and summarily punished in the form of paying reasonable court costs and attorney’s fees of the other party, or faced with another consequence that the is deemed appropriate. Other potential consequences could range from fines to sanctions or even incarceration. A contempt order may be criminal or civil. The determination of which type of contempt applies depends on the action of the party. Criminal contempt is often used to punish a party whose conduct rises to the level of embarrassing, hindering, or obstructing the administration of justice. Civil contempt is often used to persuade a party to comply with a court order after they have already failed to abide by it. To avoid being held in contempt, the parties must follow the time-sharing schedule set out by the court or properly modify it.
HOW DO YOU PROPERLY MODIFY A TIME-SHARING SCHEDULE?
Florida Statute 61.13 states that in order to modify a time-sharing schedule, a two-prong standard must be satisfied: (1) that there be a showing of substantial, material, and unanticipated change in circumstances; and (2) a determination that the modification is in “the best interests of the child.” In order to allow for a modification of the time-sharing schedule, the change in circumstances must be significant and involuntary. Additionally, as discussed in previous blogs regarding time-sharing, the “best interest of the child” is the primary standard that the court adheres to when constructing a time-sharing schedule for a minor child and his/her parents. There are numerous factors that must be considered when determining what is best for the child, some of which are:
- The ability of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent;
- The length of time the child has lived in a stable environment; and
- The moral fitness of the parents;
Therefore, if a party meets its burden of proving that there is a substantial change in circumstances and the modification is in the best interest of the child, the court may allow for the time-sharing schedule to be altered.
It is important to remember that the focus of both parents must remain on the well-being of the minor child/children, particularly in developing a safe and healthy environment for them. Additionally, if a time-sharing schedule is modified, then child-support payments may need to be adjusted as well. If you are planning on obtaining a divorce or modifying a time-sharing schedule, it is imperative that you understand the process, as well as the rules that the court must adhere to.
The attorneys at The Orlando Law Group represent families throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you are dealing with a family law issue or looking for some preventative family law services, 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.
Divorce can be an overwhelming process, especially if a parent does not understand the reasoning and methodology behind the court’s decisions. One decision that many parents must deal with for years to come is the courts’ decision on a child’s timesharing or custody arrangement.
When the amount of time you spend with your child is at issue, it often helps to understand the rules that the court must abide by when constructing a time-sharing schedule. In Florida, courts adhere to Florida Statute 61.13, which may be a little overwhelming to read at first glance. This is why the professionals who focus on family law with The Orlando Law Group are here to help.
Florida Statute 61.046(23) defines time-sharing as a timetable that must be included in the parenting plan that specifies the amount of time that a minor child will spend with each parent, which includes overnights and holidays. A time-sharing schedule can either be 1) developed and agreed upon by the parents, then approved by the court; or 2) established by the court, if the parents can’t agree or if the time-sharing schedule they have already developed is not approved.
61.13 (2)(c) further states that the court must make a decision regarding a minor child’s time-sharing based on the best interest of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. This means that the court takes into account all factors that affect the welfare and interest of the minor child, as well as the circumstances of the family. For example, some of the factors that the court looks to when determining the best interest of the child are:
(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.
In addition to the best interest of the child, the court makes its decision in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, or otherwise known as the “UCCJEA”. The purpose of the UCCJEA is to avoid competition and conflict between courts of another state, where matters of custody may have been previously handled.
The UCCJEA Affidavit requires the parent to fill out the child’s name, place of birth, birth date, sex, present address, the period of residence, and places where the child has lived within the past 5 years. It also requires the name, present address, and the relationship to the child for each person with whom the child has lived during that 5-year period.
Statute 61.13 further states that it is the public policy of the state that each minor has frequent and continuing contact with both parents after the parents separate or after the marriage is officially dissolved. It encourages both parents to share the rights and responsibilities that come with raising their child. It also emphasizes that there is no presumption against the father or mother of the child regarding their time-sharing, which essentially means that there is no predetermination made by the court regarding which parent the child will spend more time with. After the court weighs all of the factors outlined above, it will make its determination based on whatever time-sharing schedule is best suited for the child’s individual needs.
If you are currently struggling with determining a suitable time-sharing schedule in a divorce child custody situation, finding an attorney who can effectively help you during its construction is vital. The attorneys at The Orlando Law Group are ready, willing, and able to assist you with such a process. We have countless hours of experience in family court helping our clients navigate divorce cases and understand the type of custody that has been arranged.
The attorneys at The Orlando Law Group represent families throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you are dealing with a family law issue or looking for some preventative family law services, 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.
Regarding the Florida Medical Marijuana Law, what defines “marijuana?”
“Marijuana” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis which are dispensed from a medical marijuana treatment center for medical use by a qualified patient.” Florida Statute § 381.986
The vote for the use of medical cannabis in Florida.
In 2016 Florida citizens voted for a constitutional amendment permitting individuals to use cannabis for medicinal purposes. The bill passed with tremendous support garnering 72% of the votes, in the state known for its narrow margins and hotly contested elections.
While Medical Marijuana may have passed in Florida, Federal Law, as well as Florida law, does not prevent Florida employers from punishing employees for failing a drug test. Despite its landslide victory, the herbal medicine still faces controversy and must overcome ambiguity before it can be used freely by the constituents who voted for it.
Florida Statute §381.986, in great detail, covers the use and restrictions of Medical Marijuana in Florida. This statute reads, in part:
(1) (j) “Medical use” means the acquisition, possession, use, delivery, transfer, or administration of marijuana authorized by a physician certification. The term does not include use or administration of marijuana in the following locations:
a. On any form of public transportation, except for low-THC cannabis.
b. In any public place, except for low-THC cannabis.
c. In a qualified patient’s place of employment, except when permitted by his or her employer. d. In a state correctional institution, as defined in s. 944.02, or a correctional institution, as defined in s. 944.241.
e. On the grounds of a preschool, primary school, or secondary school, except as provided in s.1006.062.
f. In a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis.
(15) APPLICABILITY.—This section does not limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy. This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana. This section does not create a cause of action against an employer for wrongful discharge or discrimination.
Florida employers are not required to accommodate.
The excerpt above sparked major controversy and was unbeknown to most voters until after the law went into effect. Although the usage of Medical Marijuana is legal for those people who qualify, the law is clear that an employer is not required to accommodate an employee’s medical use of marijuana. This differs from other laws such as the Americans with Disabilities Act or the Family Medical Leave Act, where the federal government has mandated that employers follow certain protocols when dealing with these classes of people.
Florida employers do not have to accommodate to the fact that you are legally allowed to use marijuana, nor are they required to allow you to use marijuana at their business location. An employer can terminate an employee for the use of legal medical marijuana, and this termination does not create a basis for legal action for wrongful termination.
Marijuana can stay in a person’s system for up to multiple weeks, ensuring that employees subjected to drug test must refrain from the substance for indefinite amounts of time. A person with a marijuana card, depending on the rules of their employer, would not even be able to administer the medicine (smoking medical marijuana, for example) outside of work because they would run the risk of failing a drug test.
Incentives for employers
Under the laws as they currently stand, Florida actually provides incentives for employers NOT TO allow the usage of medical marijuana in their workplaces. In 1990 the Florida Legislature enacted a State law titled “Florida Drug-Free Workplace” F.S 112.0455. This law provided specific requirements which an employer must comply with to be certified as a Florida Drug-Free Workplace. The law also provided incentives and benefits for employers who are certified as a Florida Drug-Free Workplace. The State of Florida, through this law, encourages employers to drug test employees and promotes a Drug-Free Workplace environment. In Florida, companies get reduced rates on various insurances if they implement drug-free workplace policies.
Could the Florida medical cannabis pave the way for recreational use of weed?
Florida is also slowly moving toward recreational marijuana, with at least one bill being proposed in 2019 before dying in committee. Proponents of recreational marijuana are citing states like Colorado who have generated billions since approving of recreational use. Florida is already a tourist destination and could easily capitalize on the recreational marijuana industry. With the passage of medical marijuana and the lag time in the laws of Florida to catch up with these medical innovations, it makes you wonder whether recreational marijuana will be vertically integrated and structured the same way. The “drug” may become legal for recreational use, but under Florida Law, you could still be terminated from your place of employment.
There have been no successful legal challenges in Florida regarding medicinal marijuana in the workplace. Of course, this amendment is relatively new and the possibility remains that the courts could decide in favor of employees – especially as the opioid epidemic worsens and more and more states are looking to medical marijuana as a better alternative to chronic pain relief. Until that time, the statute is clear that marijuana use, medical or otherwise, is not permitted under the Florida Drug-Free Workplace rules.
Texting and driving can be a dangerous combination. In a 2014 report, the US Department of Transportation National Highway Traffic Safety Administration studied data from 2012. The data revealed that distracted driving was associated with 3300 deaths and 421,000 injuries in collisions in the US; much of the evidence in these cases suggests that smartphone use continues to be a substantial contributor to these incidences.
Further, AAA recently conducted a study that revealed 78% of Americans suggest that texting while driving is a “significant danger.” The study also cited that 35% of the respondents admitted to texting while driving.
Starting July 1, 2019, texting while driving has been defined as a primary offense in the state of Florida. Many people don’t realize that texting and driving was illegal before the July change. The difference is that previously, a law enforcement officer had to witness you violating another law to be able to pull you over for texting while driving.
In early 2019, the Florida government voted to change that.
With the July 1 change and texting while driving becoming a primary offense, authorities can pull you over if they see you typing on your phone or other hand-held devices.
Here are some of the top questions we have been asked about the new law.
Someone told me that if I am stopped for texting while driving, a police officer can ask to see my phone to verify that I was texting. Is this true?
This is actually true; officers are allowed to ask to see the phone of the driver who was pulled over for texting while driving, with one caveat. While the responding officer can ask to see your phone, they must tell you that you have the right to decline the request.
The original law making texting and driving a secondary offense started in 2013. Since then, officers have received training to be able to identify drivers who are texting. If you are stopped, it is because an officer believes you were texting while driving based on your behaviors.
How do things change after July 1?
Florida statute 316.305 — which is known as the Florida Ban on Texting While Driving Law, officially changes the law against using a mobile phone or hand-held device from a secondary offense to a primary offense. Beginning on July 1, law enforcement officers can pull over drivers for using a wireless device while operating a vehicle.
And there’s more. There’s also a part of the law about school zones and construction sites with active workers. This part of the law states that starting October 1, 2019, phones or hand-held devices can only be used in a “hands-free” manner while in use in a school zone, school crossing area, or construction area with active workers.
What happens if I get pulled over for texting while driving after July 1, 2019?
The answer to this question is “it depends.” Depending on the law enforcement agency that has stopped you, the outcome might vary.
The Florida Highway Patrol has released a statement suggesting that they will be issuing warnings until January 1, 2020. They are considering the time between now and then to be an “educational period.” Meanwhile, in Volusia and Orange Counties, the Sheriff’s Offices have stated that will begin ticketing offenders immediately.
Our suggestion is to simply obey the law, regardless of where you happen to be driving.
Can I still text while stopped at a red light?
The law does not specifically state that you cannot check your phone while parked on the side of the road or at a red light; it is not advised. Ultimately, when you are behind the wheel of a motor vehicle, your attention should be on your surroundings and making sure you and those around you are safe.
Can I be exempt from the texting while driving law?
There are a few instances where you might be exempt from this law. These include if you are reporting an emergency or criminal activity to law enforcement, if you are operating an autonomous vehicle in autonomous mode, or if you are receiving messages that are related to the operation or navigation of the vehicle. You could also be exempt if you are using the device for system or navigation purposes.
These are certainly not “get out of jail free” cards, so be smart with how you use technology and put safety first always.
Under the new law, can I legally press a button on my phone to answer a call?
Outside of a school or work zone, according to the law, you are allowed to activate, deactivate, or initiate a feature or function on your phone, as long as it doesn’t require multiple key presses.
In a school or work zone, the law suggests that you can use only hands-free features to activate, deactivate, or initiate a feature or function on the phone. So, using Siri on an iPhone or “Ok Google” on an Andriod phone is permitted.
Focus on Driving Campaign
While there are groups who worked to prevent this law, it’s essential to consider that the spirit of the law is to keep people safe. These include the driver, the car’s occupants, other drivers, and pedestrians.
The State has created a “Put It Down” campaign to bring awareness to the new law. You can follow hashtags #PutItDown and #FocusOnDrivingFL for more information.
By Attorney Jarrod Etheridge
The Florida Real Estate Commission (FREC) has published the final version of Rule 61J2-10.026, which governs group or team advertising. This new FREC Team Advertising Rules impact office procedures and team advertising.
New FREC Team Advertising Rules go into effect July 1, 2019
Effective July 1, 2019, this rule is set to create some serious changes in the real estate industry. The reasoning behind the rule is that FREC was receiving complaints from the general public who were often being confused or misled as to who, or what they were dealing with during a real estate deal.
Group/Team names were often being mistaken to be the name of the real estate brokerage, and clients were often unable to determine whether they were dealing with an agent, a broker or brokerage. Under Florida law, only a broker is allowed to use a fictitious name. For example, Keller Williams, Coldwell Banker, Tavistock, etc. A sales or broker associate operating under a Florida entity is required to name the entity after themselves. By creating team names including certain words, FREC believes realtors are crossing this line.
What are some of the words no longer allowed in real estate team names?
Under the new rule, FREC has released an extensive non-exhaustive list of words that are no longer allowed to be included in team names. Whereas realtor teams are allowed to use the words “team” or “group,” almost every real estate team in existence uses one of the now prohibited words: (a) Agency (b) Associates (c) Brokerage (d) Brokers (e) Company (f) Corporation (g) Corp. (h) Inc. (i) LLC (j) LP, LLP or Partnership (k) Properties (l) Property (m) Real Estate (n) Realty (o) Or similar words suggesting the team or group is a separate real estate brokerage or company.
If your team name still meets the above, you are not out of the woods yet. The new rule also provides that on any advertisements containing the team name of any form, registered brokers must maintain a design where “the name of the team shall not appear in larger print than the name or logo of the registered brokerage.
All advertisements must be designed in a manner in which reasonable persons would know they are dealing with a team or group.” Check your business cards, website, mailers, etc., if your team or group advertising contains a name that is in a bigger font than the name OR logo of your brokerage, you are out of compliance with the new rules.
This is certainly a good time to be in the business of promotional items because almost every real estate agent in Orlando is going to be scrambling to get new business cards and other promotional items.
Do the new FREC Team Advertising Rules affect teams made up of agents from multiple brokerages?
For those very few teams whose names are still valid, the rule also adds a component requiring all real estate teams to be comprised of members of the same brokerage or under the supervision of the same broker. FREC is no longer going to allow agents from multiple brokerages to act under a single team.
What to do right now…
The Orlando Law Group is here to help if you need someone to review your current advertising schemes to make sure you are in compliance with the new rules. Judging by the drastic changes pushed forward with this rule, we do not recommend continuing to use any advertisements that are out of compliance starting July 1, 2019.
By Jarrod Etheridge
When purchasing a piece of property, it is important to consider a variety of factors, including the animals, like the gopher tortoise, that inhabit the landscape. If any endangered or threatened species reside on that property, be prepared for a long and potentially expensive process. This includes the gopher tortoise, who are commonly known for digging burrows in their home range in Florida, Georgia, and other southern states.
What is a gopher tortoise?
The gopher tortoise is a large terrestrial reptile that has front legs perfectly suited for burrowing. The rear feet of the gopher tortoise are often referred to as “elephantine” because of their size and shape.
The front legs are protected from sharp rocks while burrowing by a layer of scales. the scales are usually dark brown, gray, or black in color. They also have a yellow lower shell. You can easily distinguish a male or female gopher tortoise. Male gopher tortoises having concave lower shells, while females’ lower shells are more are flat in appearance.
Gopher tortoise habitats
Gopher tortoises occupy various habitats throughout Florida. They use their front legs to dig burrows many feet deep for shelter and forage on low-growing plants. You may have seen them in a patch of woods or walking down the road.
Gopher tortoises share their burrows with more than 350 other species. They are referred to as a keystone species because of the Florida natural ecosystem’s reliance on the burrows.
A threatened wildlife species
In Florida, the gopher tortoise is listed as a Threatened Wildlife Species by the states fish and wildlife conservation commission. Both the tortoise and its burrow are protected by state law. Gopher tortoises must be relocated before any land clearing or development takes place within twenty-five feet of either a gopher tortoise or a gopher tortoise burrow. Property owners must obtain permits from the Florida Fish and Wildlife Commission (FWC) before capturing and relocating tortoises.
What is Gopher Tortoise Florida Law?
Developers, builders or landowners who develop within the protected area of a gopher tortoise or its burrow commit a crime under Florida law. It is a level four violation, as defined in §379.401(4)(b) is a felony of the third degree which if convicted could result in (1) a term of imprisonment not exceeding five years, (Florida Statute § 775.082) and/or (2) a fine of $5,000 (Florida Statute § 775.083).
If you buy a piece of property that has an existing gopher tortoise habitat or gopher tortoise burrows, you might have some work to do. The prohibitions related to gopher tortoise burrows will not be applied if you can demonstrate that those burrows are no longer used by gopher tortoises. To prove this, at your expense, a gopher tortoise survey will have to be conducted in accordance with the guidelines of the FWC.
Most activities associated with residential lawn and landscape maintenance do not require a permit provided the activities must not collapse gopher tortoise burrows, cause habitat loss, or harm gopher tortoises. Prescribed burning requirements vary from county to county and should be explored before burning near a gopher tortoise habitat.
Even if the collapse of the burrow’s sandy soils is accidental, the landowner could be held criminally or civilly liable for disrupting the tortoises. This is more likely if the person knew that their actions could harm the tortoises. It’s advisable to check with the fish and wildlife service professionals if you have any concerns.
Getting help developing land with gopher tortoises in Florida
P.A.W.S. (Peoples Alliance for Wildlife Survival) is a non-profit organization that helps landowners with the development of land containing Gopher Tortoise burrows. The organization’s primary concern is for the welfare of the animal during the stressful relocation process. According to its website, the organization can provide four options to help homeowners:
Option 1: Develop the property while staying at least twenty-five feet away from the Gopher Tortoises. This is advertised as the least expensive and most favorable open for both the landowner and the tortoise. The organization will help study mark the areas to avoid developing, and they suggest placing signs up that notify the public of the existence of the tortoises.
The cost for this service is around $100.00 through this non-profit organization. Using a private company could potentially cost hundreds or thousands of dollars. Many Florida builders have employees certified in detecting and protecting the Gopher Tortoise as they could be held criminally liable for disturbing them as well.
Option 2: Onsite Relocation. In some cases, you potentially have the option to relocate the tortoise to a different part of the subject property. “This process generally involves trapping or excavating the burrow, and once empty, completely collapsing it.
The tortoises are moved to the predetermined location elsewhere on the property. They are enclosed in a temporary pen and supported while starter burrows are created and they are eventually released.” P.A.W.S., https://www.pawsfloridachapter.com/Tortoiserelocationinfo.html. The cost for this service is $250-350.00 through this non-profit.
Option 3: Offsite Relocation. Offsite relocation is considered to be a more time consuming and costly alternative to the previously listed options. This route requires the highest levels of permits and oversight by government agencies such as the FWC. P.A.W.S. typically charges between $400.00 and $600.00 to oversee this service, which is compared to Private companies which can run up to $6,500.00 for comparable services.
Avoiding problems with gopher tortoise
A gopher tortoise problem can be easily avoided, but it can be a very costly and time-consuming problem if it is missed during the inspection period. Should you or your client have any issues relating to gopher tortoises, it is highly recommended that you address the problem as soon as possible.
Any attempt to relocate or otherwise remove the tortoises on your own could result in very significant fines and/or criminal penalties against you. Other types of wildlife have similar protections in Florida through an endangered species act and have their own experts to help landowners with mitigation.
Protected species include Bald Eagles, which are the most well-known. It’s also worth knowing about gopher frogs and burrowing owls. If you are in doubt if a species is protected, it is advised to ask a legal professional before you begin your project.
By Jarrod Etheridge
What is the PACE Program?
When a homeowner is looking to upgrade their home to solar energy, the first step is to determine exactly how the project will be paid for Since most people typically do not have thousands of dollars in their rainy day fund, many people will require a loan to finance the upgrades. The PACE program will provide the loan for the homeowner.
PACE, which stands for property assessed clean energy, is a new concept in financing home and commercial property improvements. PACE financing is an easy and effective way to finance a range of upgrades that save energy, conserve water, harness renewable energy, and protect against natural disasters such as hurricanes and earthquakes. While PACE programs are enabled by state legislation and approved by local governments, PACE financing is not a government discount or incentive program.
PACE financing is a loan that is available in areas where the local government has allocated funds to be used for financing improvements on residential and commercial properties. An authorized PACE lender provides the funds to the homeowner, and the property owner repays the financial institution through an assessment attached to their annual property tax bill. The specific amount of money you qualify for is dependent on the amount of equity in your house. Hundreds of home and commercial improvements qualify for PACE financing. Among the more common are solar photovoltaic (PV) systems, roofing, HVAC systems, impact-resistant windows and doors, drought-tolerant landscaping and many more.
The PACE program provides many benefits such as no money down with 100% financing and no payments for up to twelve months. A PACE loan is different than traditional loans because it attaches to the property, not the person. This means that the person who takes the loan can sell their house, and the loan is then paid by the new owner of the house.
A loan with zero upfront costs attaches to the property rather than the person, and provides upgrades such as Solar panels, almost sounds too good to be true. Are there any downsides to a PACE program loan? For many homeowners, there have been.
Are there problems with the PACE program?
Ygrene Energy Fund is one of the bigger PACE program lenders in Florida. A typical PACE loan financed through Ygrene Energy Fund Florida lasts about 20 years with an average interest rate of about 7 percent. The PACE program has a higher interest rate than other green mortgage alternatives such as FHA loans. Borrowers can expect to repay twice the project cost over the payback period. As with any other type of loan, failure to make payments to a PACE loan will end up in a lien, which eventually could result in foreclosure. A property assessment automatically becomes the first lien on any property, putting both the borrowers and the mortgage lenders at risk of losing their money. With the risk incurred by the mortgage company, many lenders will not finance a purchase of a property holding a PACE loan.
Many issues have arisen with contractors recommending a PACE loan to homeowners. It has been reported that some contractors charge more money for services that are financed through a PACE loan. There have also been reports of contractors stating that the price of payments on the loan would be offset by the amount of money the homeowner saves in utility bills, which for many homeowners was not accurate. In many instances, the homeowner relies on what the contractor has told them, regardless of whether this information is factually accurate.
Should I use the PACE program?
Many homeowners did not take the time to read the full contract for a PACE loan, nor did they do the appropriate research to determine if this program was the right program for their specific situations. Some homeowners have alleged that they did not even know that failure to repay the loan would result in a lien on their property. If the house is foreclosed upon, the homeowner will have to pay the PACE loan off in full. If there is any money left over, the lender of the mortgage (if there is one) will be entitled to the surplus. This would leave the homeowner with a very unlikely chance of receiving any money from the foreclosure sale of their home.
Is it worth getting a PACE loan for solar in Florida?
Yes, and No. The PACE program is not a one-size-fits-all program and should be scrutinized by each homeowner BEFORE they sign the contract. If you understand the PACE program, there are certainly ways to use it to your advantage. The real issues with the program seem to stem from homeowners jumping into a program without fully understanding the long-term contract. After the Solar panels are installed, the reality sets in that the PACE loan is a 20-30-year commitment that can potentially cost twice as much to repay, if the homeowner can make the payments at all. If you are the type of person who reads the terms of service on products you purchase, you should not have any problems with the PACE program, however, the PACE program is not a commitment in which you want to agree to the terms of service without first reading them.
By Jarrod Etheridge
A new House Bill, if passed, would allow for Online Notary Public services
If you have ever been involved in a lawsuit, filed for divorce, bought or sold a house, etc., you have probably had a few interactions with a Florida Notary. A Notary Public is an official appointed by the Governor of Florida, to serve the public as an impartial witness to the signing of important documents, as requiring the signor to appear in front of the Notary helps deter fraud. However, in 2019, the requirement of physically appearing before a Notary may become a thing of the past. House Bill 409, if passed, would allow for online Notarization of your important documents:
“An online notary public physically located in this state may perform an online notarization that meets the requirements of this part regardless of whether the principal or any witnesses are physically located in this state at the time of the online notarization.” See House Bill 409, Page 34, Lines 826-830. “An online notarial act performed in accordance with this chapter is deemed to have been performed within this state and is governed by the applicable laws of this state.” See House Bill 409, Page 34, Lines 835-838.
The Bill, proposed by Rep. Daniel Perez, will be considered in the next Judicial Committee, which is the final step before a House Vote. Since proposing the Bill, there have been outbursts of mixed feelings with many people applauding the use of modern technology in the Notary field, and others arguing that Fraud is already on the rise, and this Bill will make it that much easier to commit Fraud.
Benefits of an Online Notary Public
There are many benefits to this system, such as allowing people who are sick or bedridden to have important estate planning documents notarized without having to leave the house, or without having to have a mobile notary come into the home. The Bill would also allow someone on vacation to execute necessary documents without having to wait for days or weeks until they return home.
House Bill 409 lays out specific criteria, including on-camera identification of the signor, that an online Notary will have to comply with before they are allowed to issue their seal:
“In performing an online notarization, an online notary public shall confirm the identity of a principal and any witness appearing online, at the time that the signature is taken, by using audio-video communication technology and processes that meet the requirements of this part and of any rules adopted hereunder and record the two-way audio-video conference session between the notary public and the principal and any witnesses. A principal may not act in the capacity of a witness for his or her own signature in an online notarization.” See House Bill 409, Page 34, Lines 839-847.
Advances in Technology Change the Way A Notary Public Can Operate
Historically a Notary was required to physically, in person, view a form of identification of the person signing such as a driver’s license or other governmental identification. The Notary Public either makes a copy of the license or records the identifying numbers in their Notary books in case the Notarized document is ever involved in litigation. Due to the importance of the document(s) being Notarized, litigation may arise many years later, so preservation of the Notary record is vital. With modern technology allowing cloud storage, these recorded identifying conference sessions could be stored forever electronically. This would allow people to later judge whether the documents provided were, in fact, sufficient because the viewable record would be exactly the same as it was at the time the notary witnessed the signing. However, if you continue scrolling the Bill, paragraph (9) raises some concerns:
(9) Any failure to comply with the online notarization procedures set forth in this section does not impair the validity of the notarial act or the electronic record that was notarized, but may be introduced as evidence to establish violations of this chapter or as an indication of possible fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or for other evidentiary purposes. See House Bill 409, Page 36, line 888.
This section states that if an online Notary fails to record the Identification conference (or any of the others procedures not discussed in this article), the Notarization is not per se invalid. The Notarization would first have to be discovered, challenged, and then successfully argued and proven to be forged, fraudulent, or otherwise invalid. This would allow for a situation where someone has a friend perform an online Notary without any verifying documents and without recording the conference. The Notarization is not invalid until it is ruled as such; however, the Notary did not record or preserve any of the documents they relied upon. How exactly is a person supposed to prove whether a Notarization is fraudulent if there is not any record? This section could potentially create many nightmares in areas such as Wills and Trusts where the signor may not even be alive, and the Notary did not preserve the record. Perhaps this should be reversed, in that the online notarization should be considered per se invalid unless there exists proper documentation or record to support the identity of the signor.
With the help of technology such as video conferencing, many areas of society are moving into electronic means. With the importance of Notarization, and how heavily our society leans on the verification of a signature, perhaps proposed House Bill 409 is a little less restrictive than it should be as the first round of Electronic Notarization in Florida. Whichever way the Florida legislature decides, it will be an interesting story to follow.
What is a Lady Bird Deed in Florida?
Florida is one of only a handful of states that recognize a Lady Bird Deed. A person who creates a Lady Bird Deed, also known as an Enhanced Life Estate Deed, transfers property to himself for his lifetime, creating a life estate in the original owner, and names one or more people, entities, trusts, or organizations to inherit the property.
The life estate retained by the original owner of the property is enhanced, meaning that the owner retains actual ownership of the property until death, and can change the deed, mortgage, or sell the property as desired during their lifetime without permission or involvement of the remainder beneficiaries. When the owner of the property dies, the property is automatically transferred to the new owner(s) listed on the ladybird deed. A house that transfers through a life estate deed completely avoids probate because it transfers at death, and therefore does not become a part of the Grantor’s estate.
Benefits of a Lady Bird Deed
- Ensures that the property passes to the person or people of the Grantor’s choosing by avoiding probate of the property.
- Grantor maintains the right to use and profit from the property for their lifetime
- Grantor maintains the right to sell, mortgage, or even execute a new lady bird deed to the property at any time, without having to obtain the permission or authorization of the grantee on the previously executed lady bird deed.
- Grantor avoids making a gift that might be subject to federal gift tax
- Does not risk the Grantor’s Medicaid eligibility because it is not considered a “transfer” until the Grantor passes away.
- Prevents the property from being sold upon your death to repay the Medicaid benefits conferred upon the Grantor, because the property passes to the Grantee(s) upon the death of the Grantor and does not become an asset in the estate of the Grantor.
- You keep your homestead real estate tax exemption, and the county will not reassess the property to raise taxes.
The Lady Bird Deed and Medicaid
Medicaid is a government program that provides Florida residents with long-term health care coverage. Medicaid benefits are intended for people who can’t otherwise pay for their medical care. To apply for Florida Medicaid, the state’s Institutional Care Program, an individual must provide the Department of Children and Families with a detailed list of all assets.
The purpose is to ensure that all available financial resources are used to pay for care before Medicaid funds are used. The value of all qualifying assets, called countable assets, is calculated and used as the basis for creating a Medicaid eligibility waiting period.
If a time should come when you require long-term care and you apply for Medicaid, the government will impose a five-year “look back” period on your eligibility. This means you cannot transfer ownership of property within five years of making the application. The extent of your eligibility depends on the value of assets you own at the time you apply.
Less is more, and many people erroneously believe they can simply give property away before applying, however, transfers are subject to this five-year period, and assets given away during this time can be pulled back into the value of your estate. Because an enhanced life estate deed allows you to retain control over the property during your lifetime, it doesn’t qualify as a transfer until the death of the Grantor.
If you receive Medicaid benefits during your life, then after your death the State will make a claim for repayment from any assets in your estate. The State will not be able to make a claim against any property with a valid lady bird deed because the property doesn’t become part of the decedent’s estate. The property automatically transfers into the ownership of the Grantee listed on the lady bird deed.
Tax Planning and Benefits with a Lady Bird Deed
There are a few tax benefits for a Lady Bird Deed in Florida, such as avoidance of the Federal gift tax. The Lady Bird transfer is an incomplete gift, meaning there is no requirement to file a gift tax return. There has not been an effective transfer during the owner’s lifetime. Moreover, the Florida Department of Revenue assesses minimum documentary stamp taxes on Lady Bird Deed property transfers as long as the grantor of the deed is the same person who retains the life interest. This means that your documentary stamp taxes would only be based upon a sum of $10.00 consideration, instead of the value, or sales price of the home. This can potentially save your heirs a few thousand dollars. If the deeded property is a homestead, there will be no loss of homestead tax exemption and the county will not reassess the property to raise taxes.
Estate Planning with a Lady Bird Deed
A lady bird deed, if done correctly, can be a very useful estate planning tool. There are many advantages of using a Lady Bird deed over other types of deeds. If you feel that this type of deed may be beneficial to you, would like more information or would like to discuss other possible options, please give The Orlando Law Group, PL a call at (407) 512-4394.
By Attorney Marsha Summersill
What is a narcissist?
A narcissist is someone characterized as having a narcissistic personality disorder. This disorder is defined by psychologists as a mental condition in which an individual has an inflated sense of self-importance, an insatiable need for outside attention has difficulty in relationships, and has a clearly defined lack of empathy for others.
One of the lesser-known defining elements of a narcissist is that despite the outward impression of self-confidence, they possess delicate self-esteem and are easily hurt by even small amounts of criticism.
Someone with a narcissistic personality disorder will often have problems in many areas of their life. Narcissists have difficult times in relationships, at work or school, and those difficulties can find their way into other important parts of their life.
Because of the narcissist’s need for constant outside admiration, they will often be disappointed in normal relationships and will find them unfulfilling. Because of this, the narcissist will typically seem unhappy, dissatisfied, and disappointed.
What does narcissistic mean?
To be narcissistic means to possess the characteristics of a narcissist. This means they have a constant and unrealistic need for affirmation and lack empathy for others, even those closest to them.
It can be difficult to identify someone’s personality as narcissistic. It’s important to understand that narcissism is a scientifically defined mental condition. While it might be easy or convenient to anecdotally classify someone as being a narcissist, for this article, we advise our clients to refrain from using that term unless there has been a clinical diagnosis.
Signs you are in a narcissistic relationship
While it is important to have someone diagnosed as a narcissist to best understand the situation, there are some signs you can look for if you believe you are in a narcissistic relationship. Here are some of the most common.
- Your partner or ex has to dominate the conversation. This is because the narcissist wants all of the focus and attention to be on them, with little regard for how others feel.
- Your partner or ex continually interrupts without consideration for your feelings. Remember, a narcissist lacks empathy and understanding of other’s feelings so they will barge in on the conversation without care.
- Your partner or ex feels that boundaries or rules don’t apply to them. A narcissist believes they live outside of the rules of appropriate behavior. This means that they will go beyond the boundaries of what is appropriate and feel that they are justified in breaking any rules that govern basic human-to-human relationships.
- The projection of a false, exaggerated appearance. The narcissist so badly wants to impress those around them that they will often exaggerate many things about their lives. What’s happening here is that they want to convey the message that they are better than everyone else.
- The narcissist is manipulative. They will use situations and other people to their advantage and strengthen their belief that they are better than those around them. Even under pretense, someone with narcissistic tendencies will “use” people and environments to elevate their position and draw out the attention and admiration of others.
- Your partner or ex is grandiose. The narcissist has a false sense of self-importance and will portray themselves in kind. Their behaviors will be exaggerated. They will imply that they are heroic and others simply could not survive without them.
- Your partner or ex isolates you from your friends and is highly controlling. Remember, to the narcissist, it is all about them, and they do not want you to share your attention or affection with others.
- Your partner or ex likes to spread negative emotions. One of the most potent ways to get attention is to spread negative emotions. These negative emotions could be caused by the smallest of circumstances, real or perceived. This behavior will often throw-off people around them and direct attention to the narcissist.
Can a narcissist change?
There is much debate between psychologists about whether a narcissist can change. The root of the argument is that narcissism is a personality disorder and typically these types of disorders have more permanence. They are increasingly resistant to change over time.
One position is that if a person is diagnosed with narcissistic personality disorder and desires to change strongly enough, they can change.
However, we are dealing with the complexities and variances of the human mind, and each person and situation is different. The short answer is that it is not clear if a narcissist can change.
How to deal with a narcissistic husband, wife, or ex.
Dealing with a narcissist is another complicated question. There are many experts who believe that, especially in the case of an ex, you should completely avoid dealing with a narcissist at all. Especially if you feel that you can change their behavior. The experts suggest keeping the narcissist at arms-length and deal with them as little as possible or as is necessary, in the case of co-parenting.
The key to dealing with a narcissistic husband, wife or ex is to understand what you are dealing with. Your partner or ex lives in a world that is all about them, and your feelings or existence have little meaning unless you are paying attention to them, giving them accolades, or giving them affection. If you are comfortable living in that condition, you can then deal with it accordingly.
How to handle a narcissist in court during a divorce
Dealing with a person with narcissistic issues or traits during the divorce process or in an adversarial setting is difficult but doable. The following suggestions are helpful methods as the divorce process alone is daunting, and adding the narcissist as an opposing party escalates the level of difficulty to extremely high.
- Be prepared to receive several motions and pleadings that will be inaccurate, inflammatory in nature, and in abundance. The first reaction is to respond in anger and try to counter the accusations with your own flurry of emotional responses; however, this type of response may be counterproductive to your goal for the divorce. The best method is to maintain a calm, cool, and collective stance. Meet with your attorney and formulate a game plan to tackle the motions and filings in a manner that places you in a better position when you do need to be in front of a judge.
- Make certain to choose an attorney with a good skill level to deal with a narcissist. Your lawyer that is drafting your responses, motions and pleadings must be knowledgeable on how to deal with an opposing party that has narcissistic traits. The narcissistic party believes they know more than a lawyer and will attempt to manipulate your attorney. Your lawyer should have the ability to identify the narcissist’s tactics and respond accordingly that will benefit you and get you closer to your desired outcome in the case.
- Keep your attorney INFORMED. This cannot be stressed enough. Do not doubt your knowledge of your partner or spouse.
- Because of the increased problems and high emotional stress involved in a divorce with the added issue of divorcing a narcissist, it is suggested that you participate in therapy with a licensed mental health professional that has advanced working knowledge on addressing the ramifications of dealing with a narcissistic partner or spouse. Really try to use the methods and strategies recommended by the therapist to help get through the process.
- Only use documented or written forms of communication. This is advised for all contentious divorces, but more so in a divorce with a narcissist. You will receive hostile, inaccurate, and harassing communications from the narcissistic party. Don’t respond while you are reeling in anger. WAIT! Consult your lawyer and keep that calm and collective stance that was previously suggested. Remember, every communication has a possibility of being used in court. Communicate in a manner where you think a judge or third-party decision maker is watching and listening.
- Gather your support together! Your support is your legal team, your mental/emotional support team, and your friends, family and other reliable and trustworthy sources or groups.
- Meet with your attorney before any hearings or trial. Review methods with your attorney on how to address any triggers that the narcissist may attempt to use to rattle you and impact your ability to get your testimony heard.
Co-parenting with a narcissist
Unfortunately, co-parenting with a narcissist will require ongoing diligence on your part to ensure the children are insulated as much as possible from the self-serving goals of the narcissist. You will need support. It is strongly suggested to have a mental health professional involved. The therapist or counselor also should be skilled in dealing with narcissistic tendencies or traits from the other parent.
Make certain to keep the therapist informed of the issues regarding the narcissistic parent. Ask for help on how to address the problems associated with the narcissistic parent.
You will receive information from the children on what the other parent is discussing with them or saying about you. The narcissist will most likely engage in a smear campaign against you and inappropriately share litigation information or adult topics or issues with the children. It is critically important not to respond in a “correction” mode or tell your children the real facts. I know it is hard, but do not involve your children in the parenting aspect of your case.
Document what the children are saying to you and discuss it with your therapist and your attorney. Remember, keep your lawyer informed. Encourage your children to be open, honest, and to share. Also, let them know that those conversations are adult problems and the children should not be involved at all. The therapist will have insight on how to address the parenting side of the problems the narcissist will create, and your lawyer will guide you on what to do legally. Use the resources of your support teams.
Moving on from a marriage with a narcissist
Moving on from a relationship with a narcissist can be difficult, even more so if you’ve spent years in the narcissistic environment. You might have feelings of low self-worth, you might doubt your ability to make others happy, you might unfairly judge yourself.
First, realize that it’s not your fault. You were in a situation that actively contributed to making you feel this way about yourself. You’ve gotten out. Now it’s time to move on.
You should take time for yourself. It’s time to reconnect with yourself and find the value that you bring to your own life and that of others. Engage in activities that help you regain balance in your life and help build your self-esteem. Sign up for a class that you’ve always wanted, increase physical activity, spend time with family and friends. Reintroduce yourself to the beautiful things life has to offer.
In some cases, you might want to consider getting help through therapy. Sometimes just having someone to speak with about the situation can help ease the process of moving on. A professional who can specifically address the situation can be a valuable resource.
No matter what, you must move on. You will find “yourself” again and realize that you are the beautiful, miraculous person you were meant to be.
When you go to court, you can expect that the judge that is hearing your case is impartial and will treat both sides in a fair manner. While having an unbiased judge is almost exclusively the case, there could be a time where you believe your judge is biased.
The bias could be towards you or your situation. The bias could also be towards your attorney. You might also believe that the judge displays a lack of impartiality that might favor the other lawyer or litigant.
In a situation where a judge is biased or prejudice, the result could be a decision that is not fair or impartial to one party in the case.
Often, a judge will identify their own inability to be fair, neutral, and impartial and will recuse themselves from the case. As it relates to the judge, the word “recuse” means that the judge will excuse themselves from the trial or case because of potential bias or conflict of interest and another judge will be appointed in his or her place.
When might a judge recuse themselves from a case?
An example of when a judge might recuse themselves from a case might be if the judge formerly held a position as a lawyer at the same law firm as one of the attorneys involved in the case. In this example, the professional relationship with one attorney could imply that the judge is biased. Having identified the relationship and potential bias, the judge will recuse or excuse themselves from the case.
Can you ask a judge to recuse themselves if you think your judge is biased?
The second use of the word “recuse” involves a condition where one party in a case believes the judge is biased and a motion is made to recuse the judge. For instance, if it is learned that a member of the judge’s immediate family could benefit economically from the outcome of a case, the judge might have conflicted loyalties that would make it difficult to be impartial in the case. In this scenario, an attorney could make a motion to disqualify the judge, which asks the judge to recuse himself or herself.
The Orlando Law Group obtains a Writ of Prohibition after a denied motion to disqualify a judge
The Orlando Law Group recently won an appeal in a case where a motion to disqualify the judge was denied. We filed a Petition for Writ of Prohibition asking the appellate court to remove the judge after the judge declined to recuse herself. The Fifth District Court of Appeals, found the appeal well-taken, finding that “the facts alleged in Petitioner’s motion would place a reasonably prudent person in fear of not receiving a fair and impartial hearing.”
The Court of Appeals went on to grant the Petition for Writ of Prohibition stating “we grant the petition, quash the order denying Petitioner’s motion to disqualify and remand the case with directions that the underlying case reassigned to a different judge.”
Steps you should take if you think your judge is biased
The right to a trial by a fair and impartial judge is a right to all citizens. While the vast majority of the time a litigant can expect a fair and impartial judge on occasion, a litigant and his or her attorney may have a reasonable fear that the judge is or may be biased. You and your attorney should be in agreement that the judge assigned to your case may not be impartial.
No matter what, it’s important to work with an attorney who knows the strict requirements and timelines in seeking the recusal of a judge believed to be biased, and the steps necessary if the judge fails to recuse himself or herself. Your right to a fair trial is paramount and we will protect that right.
The phrase “student loans” strikes fear in the hearts of most people nowadays. Many are facing high payments coupled with employment that doesn’t pay as expected or as the student had hoped it would. Now what? Chapter 13 bankruptcy may be an option.
Why student loans in Chapter 13 bankruptcy could provide relief.
It’s a well-known fact that except in rare circumstances, student loans cannot be discharged in bankruptcy. However, if you are struggling to make your student loan payments, filing for Chapter 13 bankruptcy will allow you to reduce your monthly obligation by combining all of your unsecured debt into one category. Your payments to your unsecured debt are then based off what you can afford to pay, given your other living expenses and assets.
Keeping student loan companies from garnishing your wages.
This can be extremely beneficial for someone who is being harassed or having their wages garnished by their student loan companies. When you file Chapter 13, a hold goes on all creditors while you are in the bankruptcy which provides a 3-5-year repayment plan. You can still pay back some of your student loans in Chapter 13 bankruptcy, but it is only based on what you can afford. If you cannot afford your regular student loan payments, lowering your obligations by paying a smaller amount through your Chapter 13 plan, may be the way to go. This allows you time to increase your income, deal with your other unsecured debt, such as credit cards and medical debts so that your payments to the student loans are more affordable after your bankruptcy. (Keep in mind the interest continues to accrue while you are in the bankruptcy).
Increasing debt limits could help Graduate or Doctorate level degrees with student loans in Chapter 13 bankruptcy.
It is not uncommon for Graduate or Doctorate level degree to come with $250k worth of student loan debt which only increases when payments are put into income-based payments which barely pay the interest. Debtors may find themselves nearing the debt limits for a Chapter 13 bankruptcy between student debt and long overdue credit card debts or Judgments. The good news is that beginning April 1, 2019, the debt limits in a Chapter 13 Bankruptcy will increase to $419,275 for a debtor’s noncontingent, liquidated unsecured debt. This opens the door for more people to qualify for such a beneficial option when dealing with unmanageable debt. If you think Chapter 13 might be an option to help you deal with mounting student loan debt, contact me for a free consultation.
How Bankruptcies Work
By definition, bankruptcies are legal and financial arrangements designed to provide a person or business with temporary relief from their debt. The bankruptcy gives the individual or company (referred to as the debtor) time and flexibility to better organize their ability to pay their debt and other financial obligations. Part of the process typically includes the creation of a plan to fulfill certain financial obligations. There are also specific situations where debts are entirely eliminated.
Clearly, bankruptcies should be considered as an option after other opportunities to relieve the debt have been explored. For example, it is usually advisable to attempt to negotiate with creditors before considering bankruptcy.
While bankruptcies are incredibly complex, there are things that individuals and businesses can do to make the process less complicated. It’s critical that those considering bankruptcies go through a detailed planning process. Also, a recommended first step is enlisting the professional help of an attorney and a financial advisor.
What is bankruptcy protection?
In the US Legal System and in bankruptcy court there is an essential difference between bankruptcies and bankruptcy protection. Put simply; bankruptcy is the process a person or business follows when they can no longer satisfy their debts. Bankruptcy protection refers to the condition where. During and after the bankruptcy, a company or individual has financial protection from their creditors.
What steps should I take before filing for bankruptcy?
When preparing to file, the more organized you are, the easier things can be for you and your attorney. Here are the efforts we recommend doing, and in some cases, not doing, as you prepare.
Do: Determine the type of bankruptcy you should file. Bankruptcies come in several types, including Chapter 7, where most of your debts are forgiven and Chapter 13 which involves restructuring your debt into a manageable payment plan. Your lawyer is the best source of advice on determining which makes sense for your situation. Your lawyer may have you take a Bankruptcy Means Test to assess your ability to pay your debts. The results of this test could eliminate your qualification for filing Chapter 7 bankruptcy.
Do: Enroll in a credit counseling course. You may be required to take a credit counseling course either in person or online. Work with your attorney to determine which is best for your unique circumstances.
Do Not: Go on a spending spree. Many people inaccurately believe that all debt will be forgiven when you file for bankruptcy. The reality is that all of your debt will be examined and an appropriate course of action will be determined. When your debt is reviewed, the bankruptcy court will become aware of any significant spending you might have done before filing. A large amount of what could be seen as unnecessary spending might not work to your advantage.
Do Not: Conceal the truth. Ultimately, the only way to get out of an impossible financial situation is to be truthful and honest about how you got there. When you work with an attorney, the more they know about your situation, the better they will be able to help you.
Can bankruptcies be avoided?
It is entirely possible for many people to avoid bankruptcy and bankruptcy court. The most significant benefit to avoiding bankruptcy court is that you will preserve a higher credit rating. One of the ways you can avoid bankruptcies includes working directly with your creditors to organize a plan to satisfy your debt. Another strategy might be to sell non-essential items that you own and use the money to pay off debt. There are other tactics that should be explored, working with an attorney can help uncover all options that might exist for you.
Do I need a lawyer to file?
Facing overwhelming debt can be a frightening experience and could be a source of embarrassment for many people. You might not want to share details with family and friends, and that’s ok. But you don’t have to deal with the situation alone. Because bankruptcies can be quite complex, it can be to your benefit to hire an attorney early on. The attorney can help guide you through the process, work with you on deadlines and paperwork, negotiate with your creditors, and help make the process easier than going at it alone.
Ready to speak with an attorney about your options? You can contact us to schedule a consultation.
Nobody is ignorant of the fact that the internet and social media is dominating this generation. Virtually every age group spends hours online each day whether it is for work or scrolling Facebook or Instagram. Unfortunately, there are many people who use the internet and social media to bully others. Far too often these bullies are children trying to be “cool” by bullying another student or child. This is referred to sometimes as “cyberbullying.”
Bullying comes in many forms
Over the years I have received countless inquires from parents whose child has been bullied at school. There is never a specific formula, and the results of the being bullied are always different. Sometimes the acts are verbal, sometimes it is cyberbullying, sometimes it is physical, and in a few cases, the bullying has involved allegations of sexual assault.
Regardless of the type, bullying is not right. Nobody deserves to be bullied. Nobody. It does not matter if you act differently or if others view you as an outsider – nobody deserves to get bullied ever. Florida passed an anti-bullying law in 2008 as a measure to prevent bullying. See Fla. Stat. Chap. 1006 et. seq. This law requires schools to establish anti-bullying programs and policies aimed at reducing bullying in schools.
The effects of being bullied are more than physical
Any parent who has seen their kid get bullied can see the physical and emotional strain that bullying puts a child through. Further, if there are threats or a physical touching (including hitting, shoving, or sexual assaults), then there is a potential criminal aspect to the bullying. Unfortunately many times it is difficult for law enforcement to prove that a crime happened, so they pass on pressing charges against the bully.
However, just because there are no criminal charges brought against a bully, there is a possibility that the victim can bring a civil claim against the bully. My office has handled numerous cases of bullying and prides itself in giving a victim a voice.
The liability of bullying extends beyond the bully
Many times bullying claims involve multiple parties who can be held liable for the bully’s actions. This includes the bully, his or her parents, a school, or any other individual or entity who permits bullying to occur (including a daycare, afterschool care, babysitter, etc.). There may also be multiple causes of action that can be brought such as negligence, negligent misrepresentation, and negligent supervision. Many victims and their families are unaware that schools and daycares have a responsibility to supervise children and to take specific measures to safeguard the students that they watch. When a school or daycare fails to protect a victim, they can be held liable for the child’s injuries.
A bullying case can become very complex quickly. Often there may be a claim against a governmental entity that should be brought in connection with a claim against the individual bully. Florida’s sovereign immunity statute (Fla. Stat. 768.28) applies in cases brought against a public entity (such as a school) which could limit the liability of the school. The statute also imposes certain notice requirements that a victim must provide to the state before bringing the claim.
Standing up for your rights against being bullied with the support of an attorney
Having an experienced attorney on your child’s side after they have been bullied can level the playing field. Although no amount of compensation can serve to fix the wounds incurred by bullying, a successful claim can help to pay for future therapy or other treatment to help the victim deal with both the emotional and physical scars from bullying. Further, and perhaps most importantly, bringing a claim against a bully will serve to make a statement against other bullies and, hopefully, cause others to rethink their actions. The ability for a victim to bring a civil claim against a bully is one tool that we can use in the fight to end bullying. Further, many times bullying claims can be brought confidentially so that the general public does not know the identity of the victim.
What to do if you or someone you know has been bullied
If you, a loved one, or someone you know has been bullied, I would invite them to contact our office for a free and confidential conference with an attorney who can assist with their claim. It is never too soon to call as many times time is of the essence in these cases. Further, there is no obligation to speak with an attorney.
How Probate Law works
People hear the words Probate Law and automatically get fearful of what they think it means.
Probate law is a court-supervised process where often the courts will appoint an administrator. They are responsible for administering the estate. This includes identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries.
An example of distributing an asset might be where a decedent has a real estate asset that is granted to a family member. That family member will take legal possession of the real estate asset.
What is the purpose of estate planning?
Estate planning organizes for the distribution of a person’s estate once they pass away. Put simply, all of the assets owned at the time of death will be distributed based on the will, trust or estate plan. Assets in a person’s estate might include real estate such as houses and investment properties. Assets might also include personal property like stocks, bonds, bank accounts, cars, jewelry, etc.
Estate planning is a complex endeavor and is most appropriately handled by a professional, like an estate planning lawyer who will work collaboratively with financial advisors, insurance specialists, accountants, and other professionals in the planning of the distribution of assets.
Why is estate planning important?
Estate planning benefits people with estates of all sizes in that it allows the individual to decide exactly how their assets will be distributed upon their death. Regarding personal property, the individual can decide who should get specific assets, like a house or bank account. This makes everything very clear and prevents unnecessary arguments between the estate’s beneficiaries.
Further, estate planning can benefit the children of the decedent. With proper planning, the children of the deceased can be taken care of to ensure they maintain their quality of life.
More about the probate process
Typical questions that our probate lawyers hear include: Does probate mean I have to wait years for the distribution of assets? Does this mean I will be responsible for debts of my loved one? Will the courts make me do something I don’t want to do? Will this cost me even more money? I lost my loved one why do I have to go through this?
If a will does exist it may make probate run smoother. However, if a person dies in Florida without a valid will, all assets will have to be decided by the court and state laws once heirs are established.
What are claims against the estate?
A “claim against the estate” references a claim for money, assets, or other property that an individual has against the estate of a decedent. For instance, if the deceased person owes money to a person or entity, it is the responsibility of the executors or administrators of the estate to pa that debt.
Claims against an estate must be filed with United States Court that is handling the local probate or with the estate administrator.
What is the role of a probate attorney?
The attorney will file motions, guide and advise the client (Personal Representative) how to proceed. The attorney is the communicator to the court on behalf of everyone involved.
A probate attorney will need to assist with the following as well:
1. Collecting and managing life insurance proceeds.
2. Getting the decedent’s property appraised.
3. Finding and securing all of the decedent’s assets.
4. Advising on how to pay the decedent’s bills and settle debts.
5. Obtaining an Estate Tax id number and estate bank account.
6. Determining whether any estate taxes are owed.
If you die without having written and signed a will, you are said to have died “intestate.”
What happens if there is no will?
When there is no will your estate is distributed according to the intestacy laws of the state where the property resides, regardless of your wishes. The law does not always follow the path you would expect especially in situations where there are blended families.
Is it possible to avoid probate?
In some situations involving probate law, a probate is not necessary when there are IRA’s, 401 K’s, Life Insurance and other investments with beneficiaries. Some people also use Lady Bird deeds, trusts, accountants that are payable on death and other vehicles to avoid probate entirely.
In short, there are many different scenarios that go into an estate plan and probate, and each circumstance has exemptions especially in situations with blended families or extended families. It is wise to get your estate plan done by an attorney rather than getting forms on line so that you can look at all the scenarios and plan appropriately. Then at the time of probate, an attorney for the estate is required by the Court.
We highly recommend talking with a probate law and estate planning attorney to make sure the wishes you have for your estate should you pass away are fulfilled.
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.
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.
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 real 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
OLG LEGAL COMMENTARY:
Jeffrey W. Smith, Attorney
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. **
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.
How to make your board meeting more productive
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.
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.
