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The Airbnb Miami Beach Battleground is Heating Up

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.

December 18, 2018/by The Orlando Law Group

Invasion of Privacy? Are your conversations recorded and saved?

All posts, Digital Privacy, Invasion of Privacy

“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]

December 4, 2018/by The Orlando Law Group

Medical Malpractice Lawyers On Florida Surgeon Who Removed A Healthy Kidney, Thinking It Was A Tumor.

All posts, Medical Malpractice

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.

November 9, 2018/by The Orlando Law Group

What NOT to Include in Your Last Will and Testament

Legal Commentary, Wills, Trusts & Estates

Estate Planning is the process of creating legally enforceable documents that determine how your assets will be distributed upon the event of your death. This includes who inherits, which assets and how they are distributed. It also determines who controls the distribution of assets once you’re gone and encompasses tax considerations that must be incorporated into these documents, to ensure that your loved ones get the best possible deal, and as little of your estate as possible is subsumed by taxes.

A will is the primary estate planning document which regulates your wishes in regard to your inheritance and guardianship. It is only in a will that you can name legal guardians for children, as well as someone to manage any properties left to or earned by minors. A will also allows you to name an executor who will be in charge of wrapping up your estate after your death. That person communicates with the court, pays your bills, and eventually distributes any property that has to first pass through probate. A will also provides you with the ability to leave instructions regarding how you want your debts and taxes to be paid, as well as forgive any debts owed to you.

It’s important to understand that even though there are things that you should leave out of your will, drafting your last will and testament is one of the most important steps one can take to establish a full estate plan and to protect your legacy. The will identifies how you want your property and assets divided and who you want to get them when you are gone. While a will can include a variety of terms, there are some things that should not be included in your will.

Funeral and or Burial Instructions

A will is often not located until after the funeral or burial. If you include these types of instructions in your will, most likely these wishes will not be discovered until after your funeral. It is usually better to convey your wishes ahead of time by speaking with the loved one who will most likely be responsible for handling this task or by purchasing a prepaid funeral/burial plan.

Leaving Gifts to a Beneficiary with Special Needs

A parent may think that leaving a large gift to a child or other loved one with special needs will ensure that the loved one will be able to live their lives to the fullest or that they will have the ability to receive all the care they need. The last will and testament is not the place to bequest an outright gift to someone with special needs. A person with special needs receiving public benefits often times can only have a limited income and limited assets. Anything over the designated amount can disqualify someone with special needs from continuing to receive benefits. There are certain types of trusts, such as a special needs trust, that specifically address the management of the specific needs of a person with special needs. The trust can be a standalone special needs trust or even a trust created within the last will and testament.

Leaving Gifts or Money for an Illegal Purpose

This does not happen very often, but it could be that someone tries to make a gift that says “to Joe, so long as he uses my property to grow marijuana.” Inserting an illegal purpose could invalidate the entire will.

Assets with Named Beneficiaries

Life insurance, retirement plans, and financial accounts usually require a designated beneficiary be identified. Upon your death, those assets will be transferred to the named beneficiary, so they cannot be distributed by your will.

Jointly Owned Property

Tenants by the Entirety and Joint Tenants with Right of Survivorship mean that when you or the other joint tenant dies, the survivor automatically owns the property in full. If a gift of joint tenancy or tenants by the entirety is made in a will, it will fail. It can’t be done.

Property Owned by a Trust

The last will and testament cannot make a gift of any assets that are owned by the trust. The property owned by the living trust automatically goes to the beneficiaries and is managed by the trustee. If you want to leave the asset to someone else or change the terms, it must be done by an amendment to the trust, not the will.

Conditions Placed on Gifts in your Last Will and Testament

Some people want to put conditions on gifts, and that can be okay, but one must be careful. Putting conditions such as “to Mary, so long as she marries a (insert religion) man” or “to Mary, so long as she divorces her bum husband” are not allowable and the will may be held invalid. Conditions such as “to Mary, so long as she finishes college” are okay.

If you are going to take the time to create a last will and testament, make sure that your time has not been wasted. Speak to an estate planning attorney who will ensure that the will is drafted properly and will be upheld in court during probate proceedings.

The attorneys at The Orlando Law Group represent and prepare estate planning documents for individuals throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you are dealing with an estate planning issue or are looking to establish your own estate plan, please reach out to our office at 407-512-4394, fill out our online contact form.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

February 18, 2023/by The Orlando Law Group

Photo of Jennifer A. Englert - Attorney and Managing Partner of The Orlando Law Group

Is Digital Tracking Invasion of Privacy and the Carpenter Case

All posts, Blog, Digital Privacy, Legal Commentary

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.

September 19, 2018/by The Orlando Law Group

Florida COA & HOA Restrictions on Solar Panels

All posts, Blog, Condominium Owners Association (COA), Home Owners Associations (HOA), Legal Commentary, Real Estate

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.

January 30, 2025/by The Orlando Law Group

As Aretha Franklin’s family might soon be finding out, failure to file legal documents prior to one’s death can cause turmoil.

Legal Commentary, Wills, Trusts & Estates

OLG LEGAL COMMENTARY:

Attorney Christina Miner

At a recent speaking engagement, I shared my own personal family story about the dangers of not being prepared for one’s own mortality – and how that lack of preparation effects one’s family.

My grandparents, you see, were in a horrific car accident in 1994 in South Florida. My grandmother was killed on-scene. My grandfather was declared brain-dead.

They had four kids, my mother being the oldest one. When they all went to Miami, they learned that my grandfather did not have a living will, or any documentation that said what he would want if ever in such a life-threatening position. So, as such, it was left to the four children to decide.

After discussions, they agreed that my mother would make the final decision as to what to do with my grandfather. And after speaking with all doctors, and seeing that there was no possibility whatsoever for him to survive, my mother made the difficult decision to take him off life support.

And then, after he died, one of her siblings said that — had it had been left up to them — they never would have done that. That sibling blamed my mother for killing my grandfather.

More than 20 years later, there is still a rift in our family that was caused by that decision. Yet if he had a Living Will, then he would have been able to have made the decision himself, while alive. And that is what I tell people – that YOU are making the decision as to what happens to you. And in doing so, you are not putting that on anybody else. All you are doing is telling people to carry out your decision that you have already made, should that ever happen to you.

I share that story because, unfortunately, most people tend to wait too long before they consider officially filing the appropriate documentation with regard to Living Wills, Trusts, and Estate Planning. So many of us wait, not thinking that tragedy will strike, and then when it does, we are legally all for the worse.

It is not just the average citizen, though, that acts – and/or reacts – that way. It is the rich and famous, too.

Aretha Franklin’s family will most likely be finding that out now themselves.

The legendary singer, who passed away last week from a battle with pancreatic cancer at the age of 76, had no will or trust at the time of her death.

According to her attorney, in a report in the Detroit Free Press, Franklin just “never got around to it.”

Due to that inaction, Franklin’s family might potentially have a long legal road ahead of them – similar to when Ike Turner passed away. He, too, did not have a will, and his estate has been in litigation for 11-plus years.

With regard to Aretha Franklin, the laws in Michigan say that her estate is supposed to go to her children. But since she did not have a specific will or trust, other relatives can technically come in and try to get something from her estate. By not having a Will in place, it opens the door for other people to come in and argue that they should have a piece of the pie. They can go potentially go to court and argue that they have an interest and deserve a cut of the estate.

The cost to do so, though, is not just time. Many dollars are uselessly spent by families on attorney and other legal fees, in order to contest the estate and go through litigation matters. Depending on how much time respective attorneys need to put into various matters, it can cost thousands of dollars each year for families to go through the process. And how do those fees get paid? By monies held in the estate. Thus, the estate value lowers with each dollar spent on those fees.

Throughout my career, I have seen too many examples of families arguing over what many would perceive as petty issues. I have heard of family members feeling like they deserved more money than was left for them, so they spent thousands and thousands of dollars on challenging the Will, with the case still being in court. I have seen families arguing with one another about estates that had nary a dollar in it. And I have seen heartbreaking cases where a young loved one passes away, and estranged family members receive monies that other family members feel that they do not deserve.

And virtually all of this – be it with regard to the families listed above, your family, or even Aretha Franklin’s family potentially — could be prevented by simply finding the 30 minutes to visit with an attorney and fill out the proper Wills, Living Wills, and/or Trust documents.

As for my respective family?

Well, after both grandparents died in that crash, almost my whole entire family got Living Wills.

And as for me? It helped lead me here, to help you with yours.

Christina Miner is a Wills and Estate Planning Attorney with The Orlando Law Group. Her practice focuses on estate planning, guardianship, probate and trust administration. She has worked for private law firms, was assistant regional counsel for the Office of Criminal Conflict and Civil Regional Counsel – 5th District, and was senior attorney for the Florida Department of Children and Families. She earned her Juris Doctorate from FAMU College of Law, and earned her bachelor’s and master’s from the University of Central Florida.

To contact Christina, visit www.TheOrlandoLawGroup.com or call (407) 512-4394.

Members of the media wishing to contact Christina or any other OLG attorney should call 20 A-M COMMUNICATIONS at (407) 917-20AM (2026).

August 24, 2018/by The Orlando Law Group

New Tax Law Impacts Real Estate Tax For Home Owners & Investors

All posts, Blog, Real Estate

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 1^st, 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 31^st, 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 31^st, 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 1^st, 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 15^th, 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 15^th, 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 27^th, 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 31^st, 2017, the new law eliminated this deduction through December 31^st, 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.

July 30, 2018/by The Orlando Law Group

Corp & Business Owners, Prepare for the Tax Cuts and Jobs Act Changes

All posts, Business Law

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.

January 12, 2022/by The Orlando Law Group

How the New Tax Law Will Affect Your Alimony Tax and Alimony Tax Deduction

Alimony, All posts, Blog, Divorce

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.

February 6, 2022/by The Orlando Law Group

Don’t Ignore Your Divorce Agreement – Even in The Summer

All posts, Divorce

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. **

February 6, 2022/by The Orlando Law Group

senior couple meeting real estate attorney

Three Reasons to Hire an Attorney

All posts, Business Law

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.

January 23, 2018/by The Orlando Law Group

How to Manage Without a Formal Office

All posts, Business Law

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.

January 27, 2018/by The Orlando Law Group

Are Your Board Meetings Effective?

All posts, Business Law

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.

January 27, 2018/by The Orlando Law Group

What factors can disqualify me from obtaining a concealed carry license in Florida?

All posts, Consumer Law, Criminal Law / Litigation

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.

November 2, 2017/by The Orlando Law Group

Concealed Carry and Florida Hurricane Evacuations

All posts, Consumer Law, Criminal Law / Litigation

Recently, as Hurricane Irma was closing in on Florida, Governor Scott issued a proclamation (not to be confused with “states of emergency” that are declared by local authorities under F. S. 870.044) and ordered the evacuation of certain areas of the state. As we are all now accustomed to scenes of rioting and looting during these types of emergencies; what can you do to protect yourself and your family if you do not have a concealed carry license during such an event and you are ordered to evacuate from one of the designated evacuation areas?
F. S. 790.01(3)(a) states that F. S. 790.01(1) (that makes it a first-degree misdemeanor for a person to carry a concealed weapon without a concealed carry license) does not apply to a person who carries a concealed weapon, or a person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a proclamation declared by the Governor (unless the proclamation specifically provides otherwise) pursuant to chapter 252 or a state of emergency declared by a local authority pursuant to chapter 870. As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered.

The 48 hours may be extended by an order issued by the Governor. Note the distinction between a “proclamation” and a “state of emergency” in that if the evacuation order is by proclamation of the governor, the lawful individual may be in possession of a firearm in a public place (unless provided otherwise specifically in the proclamation) as contrasted to a “state of emergency” under F. S. 870 that only permits the possession of a firearm by a lawful individual in a public place during the “first 48 hours” of the evacuation period whether you have a concealed carry permit or not.

Author: Jeffrey W. Smith, The Orlando Law Group

November 2, 2017/by The Orlando Law Group

What Should I Know if I Want to Sell My Personal Firearm to a Private Citizen?

All posts, Family Law

Worried About Selling a Firearm Legally in Florida?

You’re not alone—Florida gun laws are complex, and one wrong move can carry serious legal consequences.

If you’re unsure about how to sell a gun legally or just want peace of mind, our attorneys can help.

📞 Call (407) 512-4394 or [contact us here] before you make a sale.

👇 Now, read on to learn what Florida law actually says about private firearm sales.

How to Sell a Gun in Florida

When selling a firearm, there is a lot of regulation; however, most of it is designed for transactions between Federally Licensed Firearms Dealers (FFL) and private citizens. The good news is that when selling a firearm is conducted between two private citizens, the rules are simple and there is no wait time, but there are still a few legal requirements. In Florida, both persons (seller and buyer) would need to be residents of the State of Florida (or of the same state otherwise); be at least 18 years of age, and must not have any legal disabilities. For a complete list of legal disabilities, see the federal statute at 18 USC 922(g). This is true even for handguns, as opposed to the federal age requirement of 21 years of age for an individual to be able to purchase a handgun from an FFL dealer. The private seller is not required to ask if the buyer has any legal disabilities, but if the buyer tells you or you suspect the buyer may have a disability, you cannot legally sell to them. It would also be prudent to either copy or given technology today, take a picture of the person’s identification evidencing their Florida or same state residence in case any residency issues come up in the future.

Can I Sell My Firearm to Someone Outside of Florida?

What should I know if I want to sell to someone out of state? A private resident of Florida (or any state for that matter) may not legally purchase or sell any firearm directly from or to any private individual that is a resident of another state, period. However, there is a legal exception to get around this prohibition on private firearm sales to persons that are not residents of the same state as the seller.

Federally speaking, a firearm is not transferred until “delivery”. The steps that need to be taken to sell or purchase firearms from private individuals residing in different states are: 1) The firearm must be delivered and picked up at an FFL, for a small fee, in the buyer’s state. 2) The buyer will need to fill out the Form 4473 and obtain the criminal record check and approval in their resident state. 3) The sale must be lawful in the buyer’s resident state. With these steps, you will have a lawful delivery and sale according to federal regulations. Please note again that you cannot legally, directly deliver the firearm to the resident in the other state. Also, be wary of “strawman” transactions. It is a felony for a person to purchase a firearm for a non-resident or for someone with any legal disqualification. If you have reasonable cause to suspect the purchaser is a “strawman”, do not make the sale to that person. F.S. 790.065

What if I’m trying to sell a firearm to someone under the age of 18? Short answer, don’t do it. However, for those of you who enjoy tangling with the intricacies of the law, when the other party is under 18 years of age, it gets rather complicated. It is a felony to sell, give, or lend any person under 18 any weapon, UNLESS you receive prior written permission from one of the minor’s parents or legal guardians. Failure to obtain the parent’s or legal guardians prior written permission is a violation of F.S. 790.17 and a felony if the weapon is a firearm. Florida law forbids the possession of handguns, but not shotguns or rifles, for persons under the age of 18. (even though the Federal law requires you to be at least 21 years old to purchase a handgun from an FFL dealer.) There are a few exceptions to a minor’s legal use and possession of handguns, such as for target practice or handgun instruction courses. You will also still need prior written permission from the minor’s parent or legal guardian to engage in those activities as well. If the minor is 16 years or younger, it’s a felony for them to use the firearm, unless they are supervised by an adult legally permitted to have the firearm. If you were involved in their possession of a firearm, you could also be held civilly liable for damages caused by the minor. As earlier stated, this is a situation best entirely avoided.

Author: Jeffrey W. Smith, The Orlando Law Group

May 14, 2025/by The Orlando Law Group

The Montgomery GI Bill for Active Duty Members

All posts, Veterans

One of the most important choices a new military member can make upon enlistment is enrolling in the Montgomery GI Bill Educational Assistance Program. Active duty members who enroll and pay $100 per month for 12 months are then entitled to receive a monthly education benefit once they have completed a minimum service obligation of two years. Eligible Servicemembers may receive up to 36 months of education benefits. The monthly benefit paid to you is based on the type of training you take, the length of your service, your category, any college fund eligibility, and whether or not you contributed to the $600 buy-up program. You usually have 10 years to use your MGIB benefits, but the time limit can be fewer or more years depending on your particular situation. Some Servicemembers may contribute up to an additional $600 while on active duty to the GI Bill to receive increased monthly benefits of up to $5,400 in additional GI Bill benefits.

But keep in mind that even if you contribute the full $1200 – $1800 dollars to the GI Bill, in order to qualify to receive the benefits you must also have an honorable discharge; AND a high school diploma or GED or in some cases 12 hours of college credit; AND you must also meet the requirements of one of the categories below:

CATEGORY I

Entered active duty for the first time after June 30, 1985
Had military pay reduced by $100 a month for first 12 months
Continuously served for three years or two years, if that is what you first enlisted for or if you entered the Selected Reserve within a year of leaving active duty and served four years (the 2 by 4 program)

CATEGORY II

Entered active duty before January 1, 1977
Served at least one day between 10/19/84 and 6/30/85, and stayed on active duty through 6/30/88, (or through 6/30/87 if you entered the Selected Reserve within one year of leaving active duty and served four years)
On 12/31/89, you had entitlement left from Vietnam-era GI Bill

CATEGORY III

Not eligible for MGIB under Category I or II
On active duty on 9/30/90 AND separated involuntarily after 2/2/91
OR involuntarily separated on or after 11/30/93
OR voluntarily separated under either the Voluntary
Separation Incentive (VSI) or Special Separation
Benefit (SSB) program Before separation, you had military pay reduced by $1,200

CATEGORY IV

On active duty on 10/9/96 AND you had money remaining in a VEAP account on that date AND you elected MGIB by 10/9/97
OR you entered full-time National Guard duty under title 32, USC, between 7/1/85, and 11/28/89, AND you elected MGIB during the period 10/9/96 – 7/08/97
Had military pay reduced by $100 a month for 12 months or made a $1,200 lump-sum contribution.

In the event you are discharged from the military under some other characterization other than an “Honorable” discharge, all is not lost. Often times many Servicemembers are able to have their discharge disposition upgraded to Honorable. In that instance, as long as the Servicemember otherwise qualifies, the MGIB benefits should then be available. Keep in mind though that to “otherwise qualify” means that you contributed at least $1200 dollars to the MGIB while on active duty and that the Servicemember served on active duty for at least two years AND has a high school diploma or GED or in some cases 12 hours of college credit; AND further qualifies under one of the four previously mentioned categories. Unfortunately, except for some very few rare exceptions, the MGIB is a use it or lose it benefit.

If the Servicemember contributes $1200 dollars and does not complete at least two years of active duty, you lose the benefit even with an Honorable Discharge. If you contribute $1200 dollars and serve two or more years and are discharged with a discharge code that is not “Honorable”, you will not qualify until you have upgraded your discharge disposition and keep in mind, the clock is ticking. If you are not able to successfully upgrade your discharge to Honorable within 10 years, there is a good possibility you will lose the MGIB benefits.

November 2, 2017/by The Orlando Law Group

How to Get a Passport for a Minor Under 16

All posts, Family Law

Obtaining a U.S. passport for your child will require slightly more work than it will take to get one for yourself. To start, both parents or guardians must be present when applying for the passport, except in certain circumstances that will be explained below. Every U.S. citizen needs a passport to enter and leave foreign countries, so even your infant will need to complete the following steps, which cannot be done by mail for first time applicants.

The first step is completing application form DS-11, which may be done either in writing or online. The requested personal information includes your child’s full name, date and place of birth, gender, phone number, travel plans and an emergency contact. Next, you must gather supporting documents to be presented at the time you submit the application at a passport office. You will be required to show: evidence of your child’s U.S. citizenship; proof of the parents’ or guardians’ relationship to the child; a photo ID of the parents/guardians or the child; a photocopy of identification documents; and one passport photo of your child.

Evidence of U.S. citizenship may be demonstrated by: a previously issued, undamaged passport; a certified birth certificate issued by the city, county or state; a consular report of birth abroad or certification of birth; a naturalization certificate; or a certificate of citizenship. To obtain certified copies, contact the registrar’s office of the state where your child was born, and be sure to get the “long form”. Evidence of parental relationship may be demonstrated by: the child’s U.S. birth certificate; foreign birth certificate; adoption decree; divorce/custody decree; or consular report of birth abroad of a U.S. citizen. The parent(s) or guardian(s) applying for the child’s passport must submit photo ID if the child does not have one, an undamaged passport or valid driver’s license will suffice.

If one parent/guardian is unable to appear, the DS-11 application must be accompanied by a signed, notarized form DS-3035: statement of consent from the non-applying parent/guardian. If one parent/guardian is absent and cannot be located, the applying parent must submit form DS-5525: statement of exigent/special family circumstances. The statement must explain in detail the non-applying parent/guardian’s unavailability and the recent efforts made by the applying parent to contact the unavailable party. The applying parent may also be required to provide evidence to document his/her claim of exigent or special circumstances. Evidence may be in the form of a custody order, incarceration order, or restraining order, for example. To protect against international parental child abduction, the Passport Agency processing the application may ask for additional details if the statement is determined to be insufficient.

If the minor has only one parent/guardian, evidence of sole authority to apply for the minor must be submitted with the application. Evidence may include: a U.S. or foreign birth certificate, consular report of birth abroad, or adoption decree, listing only the applying parent; a court order granting sole legal custody to the applying parent; a court order specifically permitting applying parent’s travel with the child; a judicial declaration of incompetence of the non-applying parent; or the death certificate of the non-applying parent.

If you are a parent or guardian and find yourself in need of obtaining a passport for your minor child, particularly if needed during the course of a divorce or paternity proceedings, please contact one our outstanding attorneys at The Orlando Law Group, P.L.

April 13, 2023/by The Orlando Law Group

uburban residential street with red brick houses

IN THE PROCESS OF PURCHASING OR SELLING A HOME WITH A HOMEOWNER’S ASSOCIATION?

All posts, Real Estate

Most owners in Florida know that when they want to buy or sell their unit or house that they need to contact the community association, or its attorney, to get an estoppel letter. Both the Florida Condominium Act and Florida Chapter 720 regarding homeowners associations specifically devote sections to estoppel letters a/k/a certificates of assessments. See 718.116(8) and 720.30851.

But what is an estoppel letter/certificate and why is it important to me? An estoppel certificate is a letter from the association that states any amounts due and owing for fees and/or assessments for a particular unit or house that is valid for 30 days from the date of the letter. The reason it is important is that once you purchase the property, you become liable for all past and present debts on that property. Although there is no statutory form of an estoppel letter, §720.30851 Fla. Stat. requires that the certificate be signed by an officer or authorized agent of the association stating all assessments and other moneys owed to the association by the parcel owner or mortgagee with respect to the parcel. However, it is good practice to include or request within the estopple letter/certificate: the name of the association; the name of the unit/parcel owner; description of the property; the total amount owed to the association; the date through which that total amount is owed; instructions on where to send the payment and signature of an officer of the association or authorized agent.

Upon request of the estoppel letter, the homeowners’ association may charge a reasonable fee for the preparation of the letter, however, an interesting caveat of §720.30851(3) Fla. Stat. states that if the certificate is requested in conjunction with the sale or mortgage of a parcel, but the closing does not occur and no later than 30 days after the closing date for which the certificate was sought the preparer receives a written request, accompanied by reasonable documentation, that the sale did not occur from a payor that is not the parcel owner, the fee shall be refunded to that payor within 30 days after receipt of the request. The refund is the obligation of the parcel owner, and the association may collect it from that owner in the same manner as an assessment as provided in this section. As with any legal transaction, knowledge is power. According to https://www.stateofflorida.com/facts.aspx (StateofFlorida.com) approximately 1,000 people move to Florida each day. Many of those people come from areas that do not have homeowners’ associations and new Florida residents are often surprised to learn that even though the homeowner may be up to date on their mortgage payments, that failure to pay homeowners’ fees and assessments can lead to foreclosure as well, regardless of your current mortgage status.

If you are considering purchasing property governed by a homeowners’ association or if you already own a home within a homeowners’ association and find yourself in need of legal advice regarding a dispute with the association, the knowledgeable attorneys at The Orlando Law Group, PL can help.

Author: Jeffrey W. Smith, The Orlando Law Group

Jeffrey W. Smith is an attorney for The Orlando Law Group. His practice focuses on veteran appeals, family law, and civil litigation. He is a veteran of the United States Marine Corps, serving in Operation Desert Storm in the Middle East and Operation Restore Hope in Somalia. Jeffrey is a graduate of Oviedo High School and lives in Oviedo with his family.

November 2, 2017/by The Orlando Law Group

Five Ways to Build More Trust

All posts, Employment Law

Some years back UCLA did a survey of 1300 executives around the country and they asked for five traits that were keys to hiring and advancement for employees. All 1300 of them included INTEGRITY somewhere in the list.

Here’s the real kicker. 71% of them rated INTEGRITY NUMBER ONE! Being TRUSTWORTHY is an integral part of integrity. So, obviously, being trustworthy is a critical character trait if you want to move up the corporate ladder, keep your employees, or build your customer base.

Bob Burg will tell you that all things being equal people will do business with people they know, like, and TRUST.

The first law of the Boy Scout Law, which defines how a Boy Scout is supposed to live their life, is “A Scout is Trustworthy”. Here’s the explanation: “A Scout always tells the truth. He is honest and keeps his promises. People can depend on him.”

Our trustworthiness is also quite obviously a key to our relationships with others.

If your spouse or significant other can’t trust you, the relationship is destroyed.
If your friends can’t trust you and count on you, then they will simply no longer expect anything from you and eventually will simply stop being around you or having your around.
If your co-workers can’t trust you, then you will not be able to function as part of a team.
If your employees can’t trust you, they will become disengaged and productivity suffers; not to mention the bottom line.

We know this, yet somehow the focus on trust seems to be lost somewhere in the desire to “close the deal” or secure what we want. When we focus on trust, however, we find that acquiring those things and closing that deal becomes easier because of who we are and what we stand for.

When we are trustworthy, we are the go to person that everyone counts on to make it happen. That has value in so many ways, including financially.

Being trustworthy is the deal-maker…or the deal breaker.

Here are some ways you can build trust on a daily basis:

PRODUCE RESULTS – when you have a proven track record of accomplishing things people will trust you to meet the deadline or to accomplish the task or lead them.
GIVE YOUR WORD ONLY WHEN YOU MEAN IT – Don’t make promises you can’t keep.
KEEP YOUR WORD AT ALL COSTS – This is critical. When people know that you are going to do what you say you are going to do no matter what, then your trustworthiness grows and builds over time.
BE CONSISTENT – Consistency is a key to both trustworthiness and integrity. People need to know what they can count on.
RESPECT YOURSELF AND OTHERS – When you show respect for other people and respect yourself, then people will believe and trust that you are who you say you are and you will do what you say you are going to do.

Are you trusted? Who do you trust? Where can you deepen the levels of trust? What action will you take today to rebuild trust?

Added Bonus: CLICK HERE to receive Paul’s e-book Fifteen Innovative Ways to Show Employees You Care

You will be asked for your name and email – no sales call unless you request it.

Author: Paul Simkins

Paul Simkins is a Performance Management Trainer, Speaker, and Coach who helps organizations and individuals re-engage their employees, maximize productivity and experience optimal team cohesion. Paul is a second-generation native of Orlando and currently lives in Oviedo.

Learn more about Paul and his company Ah-Ha! Moments Learning, LLC by visiting: https://www.ahhamomentslearning.com/

July 20, 2017/by The Orlando Law Group

Orlando Rises to the Occasion

All posts, Community

It is during difficult times that a person or a community’s character is tested. Orlando rose to the occasion and took a difficult and painful tragedy and turned into more love and tolerance for its community.

The LGBTQ community in Orlando is strong and cohesive. While it may have taken a tragedy such as the Pulse massacre for us to come together as a whole, it is heartwarming and encouraging to see the progress we have made in just one year. Orlando is a diverse caring community and ready to help its citizens:

Following the tragedy on June 12, 2016, the Orlando United Assistance Center (OUAC) was established to meet the needs of individuals directly impacted by the Pulse tragedy. OUAC is a place offering services and support to aid in the physical and emotional healing of those who were present at Pulse on June 12, survivors and immediate family members of those lost.

In addition to the OUAC, the LGBTQ community created an Alliance where all local LGBTQ leaders discuss the needs of its community.

The LGBTQ community and Orlando as a whole will continue to work together and make this the best place to live, work, and play.

February 6, 2022/by The Orlando Law Group

Know Your Immigration Options

All posts, Immigration

There are multiple occupations and opportunities for employment in the United States in several industries and categories that may qualify a person for a Visa in the U.S. including cultural exchange participants, agricultural workers, technology specialists, engineers, scientists, athletes and much more. All workers must obtain permission to work legally in the United States.

It is important you hire an attorney that understands the many different employment Visa opportunities, requirements, and conditions, including the authorized periods of stay.

Among the opportunities offered by the United States, an individual can apply for temporary (nonimmigrant) worker status, Permanent (Immigrant) Worker status, or Student and exchange visitors, who under certain circumstances may be allowed to work in the United States. You may also visit the United States for business purposes. Under this condition, you must obtain a Temporary Visitor for Business Visa, known as B-1 Visa. Unless you qualify for what is called a Visa Waiver Program (VWP). The Visa Waiver Program was instituted by the Immigration Reform and Control Act of 1986 allowing persons of certain countries to travel to the United States without having to obtain a nonimmigrant Visa (for no more than 90 days).

Citizens or nationals of the following countries are currently eligible to travel to the United States under the VWP, unless citizens of one of these countries are also a national of Iraq, Iran, Syria, or Sudan.

•Andorra
•Australia
•Austria
•Belgium
•Brunei
•Chile
•Czech Republic
•Denmark
•Estonia
•Finland
•France
•Germany
•Greece

•Hungary
•Iceland
•Ireland
•Italy
•Japan
•Latvia
•Liechtenstein
•Lithuania
•Luxembourg
•Malta
•Monaco
•Netherlands
•New Zealand

•Norway
•Portugal
•San Marino
•Singapore
•Slovakia
•Slovenia
•South Korea
•Spain
•Sweden
•Switzerland
•Taiwan*
•United Kingdom**

*Eligible Taiwan passport holders with an approved ESTA will be able to visit the United States without a visa starting from November 1, 2012.

**To be eligible to travel under the VWP, British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.

November 2, 2017/by The Orlando Law Group

Now That You’re Elected to the Board, Are You Aware of the Reporting Statute?

All posts, Real Estate

Congratulations! You’ve succeeded in being elected as a member to the prestigious world of your Homeowner’s Association Board of Directors! But are you aware of the certification requirements of Fla. Stat. 720.3033 that could suspend or even end your newly “elected official” career before it’s even begun? As a newly elected Homeowner’s Association Board Member you are required to comply with the reporting requirements imposed by the Florida Legislature through the enactment of Florida Statute 720.3033 as amended on July 01, 2013 and that requires all HOA directors to verify that they are prepared and qualified to serve their respective association board in one of two ways.

The first option via §720.3033(1)(a) is that within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members.

The second option via §720.3033(1)(a) is that within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment. Furthermore, according to §720.3033(1)(b), the written certification or educational certificate is valid for the uninterrupted tenure of the director on the board. It would behoove the newly elected or appointed board member to pay heed to this requirement because a director who does not timely file the written certification or educational certificate shall be suspended from the board until he or she complies with the requirement and the board may temporarily fill the vacancy during the period of suspension. However, as a side note, it would be prudent and diligent for the newly elected director to be familiar with and understand both their own associations governing documents and the Florida Statutes applicable to homeowner’s associations.

After you have complied with the reporting requirements of §720.3033, the association shall retain each director’s written certification or educational certificate for inspection by the members for 5 years after the director’s election. However, the failure to have the written certification or educational certificate on file does not affect the validity of any board action as provided in §720.3033(1)(c). It bears noting at this juncture that if for any reason you are removed from or surrender your position as a director prior to the termination of your elected term that you will have to re-certify upon being re-elected or appointed back on the board of directors in the same manner as your initial election or appointment.

If you have any questions about your homeowner’s association please feel free to schedule a consultation with one of the outstanding attorney’s at The Orlando Law Group PL.

November 2, 2017/by The Orlando Law Group

Changes in Circumstances Could Modify Your Florida Child Support

All posts, Blog, Family Law

A divorce or separation never an easy thing for anyone. The emotional and time toll that these proceedings take on a person can be utterly exhausting. Once the judge has made their decision and issued their legal judgement, is their decision with regard to child support arrangements final and unchangeable? The answer to that is; not necessarily. If there is a change in circumstances for one or both parents, child support could be reduced, increased, or otherwise altered as ordered by a judge.

Child support determinations are not set in stone. There are factors which can lead to a family law case being reopened, and an order for modification being entered as to exactly how much is owed for child support payments. Modifications to an existing child support ruling are sought when a substantial “change in circumstances” for one or both parents occurs. This alteration will either increase or decrease the amount of child support which is paid or received by a party.

What constitutes a substantial change in circumstances? The loss of a job, or a large promotion, certainly springs to mind as a substantial change in circumstances which could alter the child support determinations. A less common change in circumstances could be winning the lottery or coming into a large inheritance. Any substantial increase or decrease in income could be seen by the court as cause to modify an existing ruling. However, it is more than just a change in either party’s income that merits such a modification. Rulings could be changed if expenses shift, such as an increase or decrease in the cost of daycare or health insurance for the child. Another example of an opportunity for child support modification comes when a child turns 18 and graduates from high school.

There is no exact amount that the income of a parent must change prior to the filing of a modification action. Whatever the change in circumstances or change in income may be, that change in income must reflect a change in the ordered child support amount of at least 15% or $50, whichever is greater. That change could be an increase or a decrease in the amount of child support you or the other party is required to pay. Note that child support agreements are never unchangeable. Depending on your or the other party’s change in circumstances, your child support agreements could be modified several times over the course of your child’s life.

Another factor which could be cause for modification of child support could be a substantial change in the pattern of parenting time spent by one parent, or the actual time spent with and caring for the child by a parent. For instance, the official timesharing schedule or parenting plan established by the courts may have both parents sharing exactly 50-50 timesharing, with one parent getting half of the time with the child and the other parent getting the remaining half of the time with the child. However, if, in reality, the mother is really getting 80% of the time with the child, and exercising the parental (and financial) responsibilities that come with caring for the child on a majority time basis, while the father is only getting 20% of the time with the child, were the mother to seek a modification of child support, the courts may recalculate child support based on the pattern of parenting time.

When it comes to divorced or separated families, requirements for child support payments are not the only factor that can be re-determined after a final judgement is issued by the court. Time sharing is also determined by the court, and can always be modified provided there is a substantial change in circumstances for one or both parents. The alleging party must prove that such a shift has occurred, and show the court evidence of the requested change, whether it be for an increase or decrease of timesharing, is in the best interest of the child. For example, if one parent gets a promotion at work which requires them to relocate 40 miles away from the other parent and the child, timesharing may need to be modified to accommodate for the further distance and travel time required. Ultimately, the courts focus on allotting child support, timesharing and other factors based on the welfare and best interests of the child.

Time and money are two factors that can prove daunting in the post-divorce or post-separation landscape. Note that until an order is officially and legally modified, terminated or vacated, the amount of child support ordered is owed and legally enforceable by the courts. Even if your ex-spouse/co-parent’s circumstances have changed, and whether or not you feel that you should not have to pay a certain amount of child support as a result of that change in circumstances, your child support obligations remain the same until an order modifying or terminating child support requirements is issued by a judge or magistrate.

Know that filing a petition to modify your existing child support agreement may not, and likely will not be, a quick and easy process. If you are seeking to modify your existing child support or timesharing arrangement, it is important to have the input of an experienced and knowledgeable attorney on your side. 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.

June 6, 2023/by The Orlando Law Group

The Pros and Cons of Testamentary Trusts in Florida

Blog, Wills, Trusts & Estates

A trust is a formal arrangement made with a trusted person, or trustee, which conveys property as directed by you. Trusts can be created during your lifetime. These trusts are known as an inter vivos trust, or more commonly as a living trust. Such a trust remains in effect regardless of whether or not they contain property until your death.

But trusts can also be created upon your death. Such trusts are known as testamentary trusts, and as is the case with most everything in this world, there are positives and negatives that go along with it.

A testamentary trust is created through your Last Will and Testament. The trust is not actually created until the person that created the Last Will and Testament passes away. Upon their death, the trust is only then considered created and funded. As the Will does not go into effect until the time of your death, the trust also does not and is not funded until then. Generally, these trusts are created for young children, relatives with disabilities, and others who may be inheriting a large sum of money.

So, why should you create a testamentary trust?

THE PROS:

Testamentary trusts, as an item in your will, fall under the jurisdiction and oversight of the judge and the court. This gives your trust several extra pairs of eyes that determine whether legal requirements have been met. When a trust is created, a trustee is named, and that trustee is responsible for administering the trust according to its terms and on behalf of the beneficiaries. Court oversight ensures that your trustee will cooperate accordingly, should they violate a mandate of the court, or should they act in a manner that goes against your wishes or original purpose of creating the trust.

This is particularly helpful as it ensures that your wishes will be followed to the letter and that your beneficiaries will not have to deal with any daunting issues brought about by mistakes made by your trustee in fulfilling legal requirements.

Furthermore, unlike living trusts or inter vivos trusts, which are created while the creator of the trustee, or the trustor, is still alive, a testamentary trust is created through your Last Will and Testament. Rather than drafting an entirely new and separate document outside of your Last Will and Testament, your estate planning attorney will simply add additional language to your Last Will and Testament, often referred to as “testamentary trust language,” for a slight additional fee. This means that a testamentary trust is often less costly and more simple to create as compared to a living trust or inter vivos trust.

Funding a testamentary trust also tends to be far more simple than funding a living trust, as it is possible to include language in your Last Will and Testament which directs that the testamentary trust be funded by a life insurance policy that pays out when the creator of the Will dies.

A testamentary trust also allows its creator to maintain full control of their assets, such as their property or properties, until they pass away. Until they die, the creator of the trust may amend the terms of the trust or altogether revoke the testamentary trust.

THE CONS:

As this is an item in your Will, the trust is funded during probate, and thus will have to go through the sometime stressful and costly process of probate. During the probate proceedings, assets will be transferred to the trust by a probate lawyer. As the trust passes through probate court, the trust will be held to the Florida probate filing fee. Probate also takes time, with small estates lasting in probate court for a month or more, while medium-sized to larger estates can take several months or even years to process.

Also, the terms of your testamentary trust will be a matter of public record, so anyone can see what you are looking to do with your money. This can be a negative for anyone who values their privacy.

As with any trust, your decision as to who you will name as trustee is incredibly important, as they will maintain a significant degree of control over the trust and its assets after you have passed away. You will want to make sure that you take the necessary time to consider who is the best choice to serve as trustee, and you will need to ensure that the person you select is trustworthy, reliable, and willing and able to perform the duties required of them as set in the trust.

At the end of the day, whether a testamentary trust or an inter vivos trust is right for you is primarily dependent upon your personal preference. Do you want to avoid probate? Do you think you’ll need court oversight? Is having your trust as a matter of public record problematic for you? Once you answer those questions for yourself, and once you consult with an experienced estate planning attorney as to all of your estate planning options and whether they are right for you and your goals, you will have a better understanding of what kind of trust you want, and how the process will work for you and your trustees.

If you are dealing with an estate planning issue or are looking to establish your own estate plan, please reach out to our office at 407-512-4394, fill out our online contact form.

February 18, 2023/by The Orlando Law Group

This Memorial Day, Honor Our Veterans

Blog, Veterans

This Monday, Americans will honor the fallen soldiers of the United States Armed Forces on Memorial Day. Many see this holiday, and the weekend surrounding it as a time to take off from work, go to the beach and have bar-b-ques with friends and family. But Memorial Day is about so much more than that.

Memorial Day is a time to pay homage and show our respect to the brave men and women who have laid down their lives in the name of American freedom. Their selfless sacrifices afford us the ability to live free and happy lives. Our armed forces are to be commended, respected, and honored as the true heroes that they are.

This is one of the reasons that The Orlando Law Group takes cases of Veteran Law so seriously. When a soldier returns from combat injured or disabled, and unable to return to work, it is our duty as legal professionals to defend those rights. Many times, returning heroes of our military find their request for disability benefits denied by the Veterans Association.

It is our pledge to fight this legal battle and defend our soldiers with the same determination they used overseas to defend us.

If you are a veteran who has been denied your right to disability pay by the VA, call The Orlando Law Group at 407.512.4394 and schedule a consultation.

To all of our friends and clients, have a wonderful Memorial Day weekend. And to all of the veterans out there, from all of us at The Orlando Law Group, we thank you for your service and your bravery!

November 2, 2017/by The Orlando Law Group

A Social Security Disability Denial is NOT the End

Blog, Social Security / Disability

Social Security Disability benefits are a vital resource, yet most applicants are initially rejected. So, what does this mean? Should you just give up? Absolutely not! An initial denial is not the end of the road, it is the beginning of the process.

An application for Social Security Disability benefits should start with a conversation with an experienced attorney. They will be able to explain the filing process to you and gather any necessary documents/medical records that will be needed in filing your claim.

Applications should be started immediately after becoming disabled. You can apply either online or by scheduling an appointment with a Florida Social Security Administration representative. The claims representative assigned to you serves several functions. They answer any questions you may have, and also handle the paperwork needed to send to Disability Determination Services. The DDS makes the initial determination as to whether you meet the SSA’s requirements for being disabled, as well as the actual amount of benefits you could receive.

The first application can take up to six months. The examiner will comb through your relevant medical records and may also inquire as to your current condition. It is not uncommon at this stage to be asked to undertake a consultative medical examination or a questionnaire.

A second request for reconsideration will return your application to the examiner for a period of up to five months. The examiner will order any medical records and physician’s reports not included in the initial stage. Most requests for a second reconsideration are denied, and unfortunately, many people give up there. However, there is still hope.

At this stage, it is time to bring a legal expert into the fray, if you have not done so already. The third request for benefits is a hearing before an administrative law judge, which could take up to a year to happen. Your attorney will assemble a copy of your file and other medical records that have not been received by the Social Security Administration previously.

At this level, most claims are approved, but if not, there are additional appeal levels that can be taken.

If you are considering applying for Social Security Disability, or have been denied in the past, contact The Orlando Law Group at 407.512.4394 for a consultation.

November 2, 2017/by The Orlando Law Group

What Should I Do After An Auto Accident

Blog, Personal Injury

Updated: June 2020

You’ve been in an automobile accident. Many emotions can run through your head during such a difficult moment. Shock, anxiety, even rage can occur following the sudden jarring impact of a vehicular collision. But your actions immediately following an accident can have a huge effect on what comes next, from a legal standpoint.

So, what are the Top 10 actions you should take following an automobile accident?

1. Do Not Leave: Leaving the scene of an accident before it is appropriate can have a huge impact on both the case and your life. If you flee the scene, you could be charged as a hit-and-run driver, which carries serious criminal penalties. Remember to always stay at the scene until reports have been filed.
Health Check: Before determining property damage, be sure to check on everyone involved in the accident. If someone has sustained an injury, be sure to call for medical help first and foremost. This will ensure that the injured party receives care as fast as possible. If anyone is complaining of back or neck pain or appears to be unconscious, do not move them until medical professionals arrive on the scene.
Alert the Police: The police need to be involved in any accident in which significant property damage, injury, or death has occurred. Once they arrive, you should request a police report be filed. Take careful note of who the responding officers are. Write down their names and badge numbers.
Get Information: Make sure you gather information from all drivers involved in the accident. Names, phone numbers, addresses, drivers’ license numbers, license plate numbers and insurance policy info are all important. Make sure you know the names and phone numbers of any passengers involved as well. When speaking with another driver involved in the accident it is important to maintain a level head. Always stay cooperative.
Speak with Witnesses: Talk to anyone who witnessed the accident. Get their names, phone numbers, and addresses. There are many free-to-use smartphone apps for voice recording. Record statements from witnesses on the scene. This can be useful evidence later on.
Take Photos: Make sure you take photos at the scene to showcase the damage. Another best practice tip would be to take photos of your car now so that in the event of an accident you have a before and after image.
Be Honest with Your Insurance Company: Make sure you report the accident to your insurance provider right away and be truthful with them. If the insurer finds out that you’ve lied about something, they could deny your coverage.
Keep Track of Medical Treatment: Make sure that you keep a running log of any doctors and specialists you see in regard to injuries sustained in your accident. Keep a record of all medications, procedures, and bills accrued through treatment of these injuries. Keep a record of how your injuries have impacted your daily life to prove Pain and Suffering in a future court case.
Watch What You Say: Immediately following the accident, while emotions are high, never apologize or admit to any fault. Such statements could be considered an admission of legal liability. In the following weeks, it is best not to discuss the accident with anyone outside of the authorities, your insurance company, and your attorney. If the other party’s insurance company tries to contact you, do not speak with them. Politely direct them to your attorney to arrange an interview.
Hire an Attorney: This is perhaps the single most important action you can take following an accident. An experienced personal injury attorney is vital to maximizing your recovery efforts if you’ve been injured, or to defend you if you are at fault. The counsel and efforts of a personal injury lawyer will save you time and money as the case proceeds.

If you have been in an accident involving Uber or Lyft, make sure to give This Article a read. There we discuss if insurance coverage will apply to a ride-share accident.

The personal injury lawyers of The Orlando Law Group specialize in personal injury cases. Seeking legal representation before medical treatment advances is essential to the process. If you’ve been in an accident, call The Orlando Law Group today at 407.512.4394 and book a consultation with a personal injury attorney.

June 15, 2020/by The Orlando Law Group

Know The Law When Adopting a Child

All posts, Blog, Family Law

Adoption is a beautiful way to grow your family. Taking in a child in need, either domestically or abroad is one of the most noble and rewarding experiences a parent can undertake. The process for adopting a child can be long and arduous, and mistakes can cause major setbacks, up to and including having the adoption disrupted. The presence of an adoption attorney can help you avoid these potentially disastrous consequences and welcome your new addition in peace.

When choosing to adopt a child, it’s important to familiarize yourself with the different types of adoptions available.

Domestic Child Adoption speaks of a scenario in which both you and the child you wish to adopt are residing within the United States. If the prospective parent and child reside within the same state, it is referred to as Domestic Intrastate Adoption. If they are in different states, it is referred to as Domestic Interstate Adoption. Adoption laws and regulations vary depending on the state or states involved and the level of cooperation received from the birth parents. Domestic Intrastate Adoption is often a far simpler process, as you only have to concern yourself with meeting the requirements of one state. There are some excellent resources online for finding information about adoption laws in each state. For instance, AdoptUSKids’ website, adoptuskids.org, provides an interactive map of state adoption and foster care information.

As to Florida’s adoption laws and requirements specifically, in Florida, adults who live and work in the state of Florida, are of sound character and are deemed able to care for and provide for a child may adopt. You do not have to be married in order to adopt – single adults as well as married couples may adopt in Florida. LGBTQ+ couples are also welcome to adopt in the state of Florida officially as of 2015. Adults with disabilities can also adopt a child, unless it is determined that an adult’s disabilities renders them unable to care for the child.

When you adopt a child from a country other than the one you reside in, that is referred to as International Child Adoption. This process is subject to the laws and regulations of your home state, the United States government, and the foreign government where the child is coming from. International Adoptions are also subject to the requirements of The Hague Convention, a treaty among member countries that sets internationally agreed-upon minimum procedures for all member country affiliated adoptions.

With both types of adoption, a Home Study must be successfully completed prior to taking custody. A Home Study is the require detailed evaluation of you, your spouse, your home and surrounding environment, and is conducted after you have completed your required training classes, submitted all necessary documentation and completed your application to adopt. This step is required for all domestic and international adoptions. The Home Study concludes with an official, written report by your caseworker with pertinent information regarding your family, background, education, daily life, references, background checks and more. Note that there are costs associated with the Home Study process, which differ depending on if you are working with a public agency, private agency, or certified social worker. It is possible to expedite the process by ensuring that you have properly prepared for the Home Study. Good preparation may include ensuring that you have or have access to all pertinent documents, making sure you have supplied complete and accurate information, and getting all of your paperwork and documents in on time.

In addition to the choice between International and Domestic Adoptions, you will also be faced with several other decisions that must be made. For instance, are you using a licensed adoption agency or is this a private adoption? Will you work with a facilitator who coordinates the adoption, or through the Foster Care system? Will you have an open adoption, in which the identity of the birth parents is known, or a closed adoption where no information on the birth family is given? Understanding the importance and consequences of each choice is vital and is yet another avenue where legal guidance comes into play.

It is certainly important to receive proper legal guidance on an upcoming adoption, but consulting with legal counsel is not the only important conversation(s) you should be having regarding the adoption. It is also crucial to make sure that you have thoroughly discussed the adoption with your close family, friends, and whoever will be assisting you in caring for and interacting with the child. Ensuring that you have thoroughly discussed the adoption and what it will mean for your family with any other children in the home is especially important. It may be wise to schedule a family counseling session with a counselor or family psychologist experienced in adoptions. Making sure that everyone in the family is aware of the steps and expectations that come with welcoming a new family member can be a great help in ensuring that the adoption is successful, and the new child’s needs and best interests are understood and taken into consideration.

Failure to understand the laws and rights of both the birth parents and the adopting family can cause a disruption to the process. If you are planning on adding to your family through adoption, it is important to seek legal aid before the process begins.

The Orlando Law Group is equipped with the knowledge and experience to aid in your quest to grow your family. 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.

April 13, 2023/by The Orlando Law Group

How Does Contempt Work in Family Cases?

All posts, Blog, Family Law

If you watch any court show, you’ve surely heard the word “contempt” tossed around. But do you know what it means? Contempt of Court is a provision that allows a judge to deincentivize and even punish individuals who are hindering the administration of justice. In cases of family law, contempt is particularly relevant. Often times, ex-spouses will violate or ignore court mandates such as child support payments, alimony, or visitation time due to spite against their former spouse. When such a situation occurs, a judge could find the offending party in contempt.

Contempt should be taken seriously. Potential consequences could range from fines to sanctions or evil incarceration.

There are two types of contempt, criminal and civil. In a case of criminal contempt, a “show cause” hearing must be held, in which the involved parties present sworn testimony and evidence in an attempt to show why one party should or should not be found in contempt. Criminal contempt can be both direct and indirect. A case of direct criminal contempt occurs when a party violates a court order in the presence of the court itself. For instance, if a Judge orders a party to stop bringing up irrelevant information, and the party willfully disobeys that order, they are in direct criminal contempt. Indirect criminal contempt occurs when a party fails to comply with a court order outside of the court. If the court orders one party to stop contacting the other, and they ignore this edict, they are in indirect criminal contempt.

Civil contempt is dependent upon a court ruling, stating that the offending party had the ability to comply, but refused to do so. Civil contempt courses also carry a “purge provision” in which a judge will lay out a particular action which, once undertaken, will eliminate the contempt. One example could be an ex-spouse who owes 6 months of back child support. Paying the back-owed amount could eliminate the contempt and any consequences that come with it.

If your former spouse has violated a court order, and is refusing to pay alimony, child support, or violates visitation rights, you may be able to petition the court to find them in civil contempt. The court could then fine or sanction your former spouse, or incarcerate them until he or she complies. A petition, however, does not automatically lead to a finding of civil contempt.

The presence of experienced legal counsel is vital to this process. A family law attorney comes to the table armed with the knowledge of court proceedings and knows how to properly bring the issue before a judge. There are many procedural rules that must be followed in cases of contempt, and evidence must be presented in a specific way.

The Orlando Law Group is experienced in such matters and will help you navigate the court’s contempt system to ensure that you receive the support you are legally entitled to. If you believe your ex-spouse might be in contempt, call The Orlando Law Group at 407.512.4394 to schedule a consultation.

November 2, 2017/by The Orlando Law Group

Fighting a Traffic Violation in Florida

All posts, Criminal Law / Litigation

If you feel that you have been given an unjust violation, you can do more than just stew in anger over it. By pleading not guilty in traffic court, you can fight the violation and move to have the charges dropped. Once you receive a traffic violation, Florida courts give you 30 days to inform your county clerk of your intention to dispute the citation. Instructions regarding how you can fight the violation differ based on the county it was issued in. Normally, the ticket itself will have useful information printed on it, such as a phone number, address, and instructions as to how you can contact the court.

A traffic attorney can attend your court date with you, and aid in your position, seeking to prove that you did not violate a traffic law. Your attorney will work with you beforehand to gather evidence, witnesses, and explain all options to you as it pertains to the case. Florida courts will not appoint you an attorney in a traffic case. Those who do not hire an attorney will be representing themselves.

The day that you enter your plea is not necessarily the day that your trial will be held. You should always plan ahead for the potential of many trips to court before this matter is resolved. Once at trial, your attorney will be able to argue the law, call your witnesses, present evidence, and even question representatives from the police department. After both sides have presented their case, the judge will render judgment.

If you are found not guilty the issue is resolved. The ticket is dismissed, and you will not have to pay the fine. The violation will also vanish from your driving record. If you are found guilty, you will pay the fine and possibly any court fees associated with the case as well. A lawyer can usually negotiate penalties, and help to minimize your cost and repercussions.

Fighting a traffic violation can be a daunting process. If you walk in unprepared you might be setting yourself up for a costly failure which, in some cases, can lead to jail time. The Orlando Law Group will fight for your rights and your freedom. If you have a traffic violation you intend to fight, call us at 407.512.4394.

November 2, 2017/by The Orlando Law Group

How is Paternity Determined in Florida?

All posts, Family Law

When the mother and alleged father are in agreement as to the child’s parentage, they can sign what is known as a “Voluntary Acknowledgment of Paternity” form. When you sign this form, you are stating, under oath, that the man listed is the child’s legal father. Once signed, it takes 60 days for the acknowledgement to become final. After that initial period, neither parent can revoke it, unless they can present in court proof of fraud or extreme force used to get the signature.

When there is discrepancy or disagreement as to a child’s parentage, the mother or alleged father may petition the court to establish paternity. This process can be started by the mother, the man who has been identified as the father, the child through a legal representative, or the Florida Department of Child Services. Cases can be started before a child’s birth, but cannot be held until the child is born.

The court will order a genetic test to prove or disprove alleged paternity. Following the results of this examination, the judge may make orders as it pertains to child support, decision-making authority, parenting time, health insurance of the child, or payment of either party’s attorney fees and court costs.

If you are involved in a paternity dispute, the attorneys of The Orlando Law Group are here to help! Call us at 407.512.4394 to schedule a consultation!

November 2, 2017/by The Orlando Law Group

Spring is the perfect time to shed the chains that bind you and embark upon a new adventure. Whether it’s filing for bankruptcy, moving forward with your divorce, or starting the process of forming your own business, The Orlando Law Group has got you covered.

Spring Clean Your Life!

All posts, Miscellaneous

If you’ve been drowning in debt, then it might be time to consider filing for bankruptcy. Bankruptcy is the perfect way to get your financial life back on track, allowing you to erase your debt and repay your creditors. If you can prove that you are entitled to a declaration of bankruptcy, the court will grant you protection during your proceeding. The Orlando Law Group are specialists in Chapter 7 and Chapter 13 Bankruptcy and will walk you through every step of this important process. Divorce looms over unhappy marriages. It is that bridge many fear to walk over. Divorce is not the end of the world, though, and many couples find their lives to be improved by separating from a toxic situation. The divorce process can be tricky, though, and it’s always important to have a dedicated and experienced legal team on your side. The Orlando Law Group specializes in family law and would be proud to stand beside you.

Spring is also the perfect time to begin the process of starting your own business. Let your career bloom and grow beautifully by starting to move forward toward becoming your own boss. When creating a business, you first need to decide what type of company you’re looking for and then file all of the necessary paperwork to ensure that you’re set up and ready to begin raking in the cash. This is a complicated process, and one misfiled form could set you back in time and money. The Orlando Law Group has a vast array of business law services. For a full list, CLICK HERE.

Whether you’re attempting to sort out your personal or professional life, spring time represents the perfect season for your rebirth. Spring Clean your life with The Orlando Law Group! Call 407.512.4394 to schedule a consultation today!

November 2, 2017/by The Orlando Law Group

It’s tax season once again! While many are seeing some nice hefty checks arrive in their mailbox from the federal and state levels of government, too few use that money to help aid their financial future. Investing in a bankruptcy attorney could help you escape the shackles of debt and give you a second chance in the financial world!

Debt continues to haunt the lives of Americans, with a 2015 study stating that a whopping 80% of the American population are in debt.
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Airbnb Miami Beach property owners face another setback

Miami Beach shuts off a home’s water and electricity over delinquent Airbnb fines

What is Airbnb?

How does Airbnb work?

What are the legal issues with Airbnb Miami Beach?

Why does Miami Beach want to prevent short-term rentals like Airbnb?

Where does Airbnb go from here?

“Smart speakers” raise concerns about invasion of privacy.

What are smart speakers?

Judge orders Amazon to turn over two days of Echo recordings

Are smart speaker’s recordings an invasion of privacy?

Wrapping up

What is medical malpractice?

When should a patient seek consultation from medical malpractice lawyers?

Always work with experienced medical malpractice lawyers

The Carpenter Case

Is Digital Location Tracking Invasion of Privacy?

Clearing the confusion about COA and HOA restrictions on solar panels.

Recommendations for homeowners interested in installing solar panels in a COA or HOA governed community.

Real Estate Tax Change: Capital Gains Exclusions

Mortgage Interest Deductions

State and Local Real Estate Tax Deductions

Bonus Depreciation Deductions

Like-Kind Exchanges

Other Provisions

What’s changed for corporations under the new Tax Cuts and Jobs Act?

What’s changed if I own a small business?

Business Loan Interest Deductions

Other Deductions as they relate to the 2018 Tax Cuts and Jobs Act

Does the new Tax Cuts and Jobs Act law apply to me?

Will the new Tax Cuts and Jobs Act law benefit me?

How the new law affects divorced couples.

Even with a Divorce Agreement, Problems Can Arise

And Remember This, Too: You are Not Alone.

How to make your board meeting more productive

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?

Distribute Financial Information Prior to the Meeting

A Call Before the Meeting

They Talk the Talk, Are They Walking the Walk?

Meet in Person When Possible

No Cell Phones Please

Be Realistic With the Time Needed for a Meeting

Boards take work. But the best boards are super critical to your success and you get out of them what you put in.

Worried About Selling a Firearm Legally in Florida?

How to Sell a Gun in Florida

Can I Sell My Firearm to Someone Outside of Florida?

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Law Practice Areas

Law Practice Areas

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