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Budget Busted from the Holidays? Let’s Work to Clear Those Debts

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Even before the holidays, credit card defaults were rising significantly. A June 2024 report showed that the year was on track to have the highest default rate in more than 12 years.

That takes you back to the Great Recession.

Economist Sean Snaith discussed this issue at the Seminole County Chamber’s Good Morning Seminole, specifically mentioning how inflation has risen, but wages have not followed suit.

Unfortunately, most people try to maintain their lifestyle by using credit cards without cutting expenses. While this may be a short-term fix, it is unsustainable in the long term, especially as prices continue to rise.

For many people, the holidays pushed their finances over the edge. After all, American consumers spent nearly $1 trillion in November and December, up nearly four percent from the year before.

If you are someone seeking financial relief, the attorneys at The Orlando Law Group can work with you and your debtors to help put you on the right path.

Filing for bankruptcy protection is an option

One thing to be clear: There is no shame in filing for bankruptcy protections. After all, President Donald Trump has repeatedly utilized the bankruptcy code throughout his career.

While he has not filed for personal bankruptcies, his businesses have filed for protection under the bankruptcy code six times over his career. In each circumstance, Trump was able to reduce his debts and move on to build his businesses stronger.

The important aspect of this is not about Trump’s business acumen, it is about how there shouldn’t be a stigma about filing for bankruptcy protection. Too often, things happen outside of our control, or we make a series of bad choices like most people do.

The entire purpose of the country’s bankruptcy code is to help businesses and individuals restart their lives when these things happen. There were more than a half million filings for bankruptcy protection in 2024.

If you’re at the point where you simply cannot pay your bills, it is OK to look at bankruptcy protection as a way to start over.

Here are five reasons you should look at filing for bankruptcy according to Debt.org.

  • Creditors are suing for debt payment.
  • Your home is in danger of foreclosure.
  • The only way to pay for necessities is with a credit card.
  • You’re using one credit card to pay another.
  • You consider borrowing from a 401(k) account to pay bills.

If any of those items are happening to you, please reach out to The Orlando Law Group immediately!

Will I have to return my kids’ Christmas gifts?

Unfortunately, the answer is a definitive maybe, and in some cases, it might be determined by what you bought and what type of bankruptcy protection you seek.

If you file in the first quarter of 2025, your holiday spending will certainly be reviewed.

It is simply not a good look to purchase 75-inch flat screens for every room of your house and file for bankruptcy a week later. Similarly, if you took a trip to Europe to celebrate Christmas in Paris, it looks like you were extravagantly spending this holiday season.

And many people bought new cars recently. That’s a definite red flag, particularly if it is a high-end car.

The courts may not take too kindly to that type of spending.

However, if you spent roughly the same amount on the holidays as the year prior and then lost your job or some other hardship happened, then you may get a bit of grace from the trustee. You still may need to liquidate a lot of assets, but the scooter you bought your kid might be spared.

Chapter 13 can help protect assets

If you are concerned about having to sell assets, you should look at Chapter 13. This part of the bankruptcy code is for individuals, and those who are self-employed, and have assets valued at less than $2.7 million.

In this chapter, there is no liquidation of assets. Instead, a repayment plan is developed that helps you repay many of the debts over a three- or five-year period. During that time frame, you cannot take on new debt, but you can keep your house, your car and the bike.

That plan must be agreed to by your creditors too. They will be allowed to question you with the courts’ oversight. However, they will not be allowed to chase after the debt through collections. If you are in the middle of a foreclosure, that will stop throughout the repayment plan.

As long as you stay on the plan, which is critical. A failure to make a payment can end the protections outlined in the Chapter 13 bankruptcy code.

Even worse, the trustee may convert your bankruptcy filing to seek protection from Chapter 7 of the bankruptcy code.

Chapter 7 is a fresh start without future payments

If you are looking to start over with a mostly debt-free start, Chapter 7 may be the choice you would like to make. However, understand that most of your assets will be sold with the proceeds being used to pay back debts.

There are some exemptions to the liquidations in federal court, like the ability to keep $1,875 for jewelry. For the most part, you may have to sell any of the following according to Bankrate.com:

  • Artwork
  • Collections
  • Houses
  • Investment Properties
  • Jewelry
  • Land
  • Savings and investment accounts
  • Vehicles
  • Other miscellaneous items of value

Bankrate.com provides a good look into how your assets are affected by liquidation in Chapter 7 filings. While you may need to sell your prized possessions, you won’t have much debt after the case is discharged.

Of course, there are many other ways to help manage your finances and get out of debt. You could take a consolidation loan or ask your credit card companies for a payment plan with a reduction in the principal. You can also look to sell some of your assets on your own to help pay for your debts.

Either way, the process of recovery after driving up your debts can be long and difficult. But it’s nothing to be ashamed of as it happens to so many people all the time.

The attorneys at The Orlando Law Group can help individuals and businesses in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida determine the best option for restructuring debts.

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 to discuss your case. 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.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

 

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The Orlando Law Group’s Jennifer Englert Named a 2023 Women Who Means Business

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OLG founder’s entrepreneurial spirit recognized in annual awards contest

It is no secret The Orlando Law Group’s founder Jennifer Englert is a woman who means business. As such, this year the Orlando Business Journal is recognizing her as one.

Englert is one of 21 women being recognized by the publication for accomplishments in business and the community. The list includes some of the most accomplished women in Central Florida.

“There are so many women who are deserving of this award throughout our region I am just honored to be a part of this year’s class,” Englert says. “The impact of women, especially the women who join me this year, can not be underestimated in manner.”

Englert founded The Orlando Law Group in 2009, initially being a firm that would be a home for women lawyers. The firm now employees several male attorneys, but still takes pride in being a firm focused on the entire life of an attorney, not just the billable hours.

In addition, Englert is an owner of several companies separate from the law firm, including a title company, a company focused on energy-efficient lighting and a company focused on workforce issues in the manufacturing industry.

According to the announcement in the Orlando Business Journal, “These individuals have gone above and beyond in their respective roles, driving business success, industry growth, workforce development and community advancement. The honorees are executives based in Central Florida who were selected due to their business accomplishments, community involvement and personal.”

One of Englert’s strengths was her work in the community serving in the following roles in the community, in addition to helping found the East Orlando Chamber Foundation:

  • Seminole County Chamber: chair-elect and pro bono legal counsel
  • East Orlando Chamber of Commerce: board member and pro bono legal counsel
  • Avalon Park Kiwanis: vice president
  • Matthews’ Hope: board member and legal counsel
  • United Against Poverty: board member
  • Greater Orlando Builders Foundation: vice president
  • Orlando Health Foundation: board member
  • Innovation and Entrepreneurship Program at Full Sail University: advisory council member.

“From the start of The Orlando Law Group, I have found the more you help the community improve, the more your business will be successful,” Englert says. “I encourage anyone in business to find their passion and use their skills to help others.”

The full list of 2023 Women Who Mean Business can be found here. Orlando Business Journal will be recognizing them at an event on March 30 and running a special section featuring all of the women in its March 31 edition.

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For more information, contact Alan Byrd, Alan Byrd & Associates, 407-415-8470, [email protected]

About The Orlando Law Group: Founded in 2009, The Orlando Law Group is a full-service law firm with 11 attorneys in four offices in Orlando, Winter Garden, Altamonte Springs and Lake Nona. The firm specialized in a broad range of practice areas specifically for individuals and businesses, particularly on business law, family law, personal injury law, personal finance and estate planning law and much more. For more information, please visit TheOrlandoLawGroup.com

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Student Loan Forgiveness

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One of the biggest obstacles to getting back on your feet financially are student loans. They usually have a very high interest rate and are very difficult to find relief through traditional methods, like bankruptcy.

Thankfully, there is relief on the way from the federal government. And, the attorneys from The Orlando Law Group are here to help you navigate.

First and foremost, do not fall for any scams or people calling asking for your forgiveness applications or from people and organizations that sound too good to be true. Just like so many other things, if it’s too good to be true, it probably is. If you have any questions about your student loans or people who approach you, please feel free to call.

While there are people trying to take advantage of you, student loan relief is absolutely real and you are probably eligible for some relief.

FIND OUT ABOUT YOUR STUDENT LOANS

The first thing you must do is find out what type of student loans you have. Not all student loans are the same and not all loans are eligible for relief.

To find out what type of loans you have, visit StudentAid.gov and update your information. You want to make sure you have a loan that is serviced by the United States Department of Education. Only those loans are eligible for relief currently.

Unfortunately, if you have a loan through the Federal Family Education Loan Program, you will not be eligible for the 10k or 20k relief, per a recent news release.  These were loans taken out before 2010. These loans were made to students by nonprofits, banks, and other private lenders and guaranteed by the federal government. Some of the FFELP loans were converted to direct loans during the Great Recession, but not all of them. In fact, more than 11 million loans are the FFELP loans.

By submitting your information on the StudentAid.gov site, you will quickly know how you should proceed.

ACT QUICKLY FOR THE PSLF PROGRAM

If you are employed by a government or not-for-profit organization, you could possibly be eligible for the Public Service Loan Forgiveness program that can truly help your situation.

According to StudentAid.gov, you are eligible for relief under this act if:

  • work full-time for that agency or organization.
  • have Direct Loans (or consolidate other federal student loans into a Direct Loan).
  • repay your loans under an income-driven repayment plan*; and
  • make 120 qualifying payments.

If you think you qualify, sign up soon.

Plus, there is a program that you can utilize for relief – but the deadline is October 31, 2022. This program will provide credits for any payments you made during the pandemic. For more information, please review this site, but understand you must have been employed for a government entity or for a 501(c)(3) during that time period.

To be clear, serving in the military does qualify as having a government entity – so active military with student loans should review this as soon as possible.

UP TO $20,000 IN RELIEF FOR YOU

In August, the White House officially made a one-time student loan relief payment into law. The summary from the federal government is:

The U.S. Department of Education (ED) will provide up to $20,000 in debt relief to Federal Pell Grant recipients and up to $10,000 in debt relief to non-Pell Grant recipients. Borrowers with loans held by ED are eligible for this relief if their individual income is less than $125,000 (or $250,000 for households).

Applications for the program are now open. Go to studentaid.gov, log in and go to student loan forgiveness to complete a simple application. People who think they are eligible will need to apply by December 1 for this debt relief.

This link has a tremendous Q&A for your reference, but here are a couple of questions that maybe of interest to you.

  • What kind of loans are eligible? The relief act specifically listed the following:
    • William D. Ford Federal Direct Loan (Direct Loan) Program loans
    • Federal Family Education Loan (FFEL) Program loans held by ED or in default at a guaranty agency
    • Federal Perkins Loan Program loans held by ED
    • Defaulted loans (includes ED-held or commercially serviced Subsidized Stafford, Unsubsidized Stafford, parent PLUS, and graduate PLUS; and Perkins loans held by ED)
  • What if my spouse and I consolidated our loans? One of the best parts of the legislation was that you can separate out the two loans for relief meaning if both you and your spouse received Pell Grants along with student loans, you could be eligible for up to $40,000 in relief.
  • What steps do I need to take now? Again, go to StudentAid.gov and make sure they have all your information. Plus, follow up with your servicer to make sure they have your current contact information.
  • What if I haven’t made a payment in a while? Defaulted loans are eligible to receive the relief. Additionally, there has been discussion of a Fresh Start program for loans that are default. Watch for information on this around July 2023. You can also look for a new income repayment plan that will start around July 2023.

Like with everything the government does, it’s not always easy to obtain the relief that is offered. There will be lots of questions and often it will not be easy to get someone on the phone to ask your questions.

Of course, our attorneys are available to help you with this and other issues facing your finances. It’s important that you start the process as soon as possible to get them back in order and get you on track to success.

The attorneys at The Orlando Law Group represent clients with financial difficulties in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you would like to schedule a consultation for student loans, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it.

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 to discuss your case. 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.

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School Truancy Laws

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Overview:

Did you know, a parent who fails to have a minor student who is under their care attend school regularly can be charged with a second-degree misdemeanor, punishable by imprisonment for up to 60 days and a fine up to $500? With back-to-school season upon us, it is important to understand school truancy laws across the state of Florida, the impact they have on lower income families, and the impact on children with special education accommodations.

Breaking Down the Law:

There is no clear national definition of truancy, as states are able to determine the number of absences and periods of time that make a child truant. Under Section 1003.26 of the Florida State Statute, truancy is defined as a juvenile offense that can be charged to anyone under the age of 16 who fails to attend school on a regular basis. Parents of truant students can also be held responsible under Section 1003.27 of the Florida State Statute. Florida Truancy laws state that any child between the ages of 6 and 16 must attend school. Once a child turns 16, they can file a formal declaration of intent to terminate school enrollment and are then no longer subject to compulsory education after the process is complete. However, anyone who has not yet turned 16 and fails to regularly attend school may eventually be deemed legally truant. The state of Florida considers a “habitual truant” to be any student of elementary school age through age 16 who has:

  • Accumulated 15 or more unexcused absences in a three-month period;
  • Without the knowledge of their parent or guardian; and
  • Are subjected to compulsory school attendance.

Florida has begun to conduct truancy sweeps on parents/guardians, and many have been charged with contributing to the delinquency of a minor and failing to comply with attendance laws. Jacksonville, FL is particularly known for aggressively pursuing truancy. Since they have begun to conduct truancy sweeps on parents/guardians, school attendance is at a 10-year high. While parents can face jail time, counseling, and fines, children also face punishment of their own. If a child is cited for habitual unexcused absences, they may be taken directly to a juvenile detention center. The juvenile court can then issue several different types of punishments on minors including:

  • Additional School: A truant student may be ordered to enroll in summer school or weekend classes in order to make up for the days of school missed.
  • Drug Screening: The court will sometimes require truant teens to undergo random drug testing and a drug education class if drug abuse is suspected to be part of the reasons for truancy.
  • Behavioral Therapy: A truant child may be required to attend counseling sessions.
  • Juvenile Detention: There is a possibility that the court will order a teen to a detention center or group home, particularly if this is not their first offense.
  • Probation: A court could place a teen on probation for a certain period of time where they would be required to periodically check in with a probation officer.
  • Suspended License: Public schools are required to provide the Department of Highway Safety and Motor Vehicles with a truant student’s legal name, sex, date of birth, and social security number. These students may not be issued a driver’s license or learner driver’s license from the Department. If they already have a previously issued driver’s license or learner driver’s license, their license could be suspended.

Impact on Low Income Students:

The Center for American Progress found that in 2012, an estimated 7.5 million students were chronically absent nationwide and, according to several other studies, low-income students and students of color were more likely to be absent.  Furthermore, research from Johns Hopkins University suggests that of the 15 percent of American students who are chronically absent, a quarter miss school primarily because their families can’t afford transportation or the students are expected to babysit younger siblings or care for sick relatives. The economic burdens that truant students’ families often already face can be compounded by the hefty fines they are ordered to pay under truancy laws.

Impact on Special Education Students:

Many children with learning disabilities are bullied in schools, leading some children scared to go to school out of fear that they might be bullied. This fear of bullying, along with additional challenges in school (such as feeling left behind or underchallenged) can cause special education students to not want to attend school. There can be some assistance in avoiding truancy penalties for special education students if they have an Individualized Education Plan (IEP). To learn more about Individualized Education Plans and how to navigate them, check out our previous blogs: Individualized Education Plan (IEP) and 504 Plan Eligibility in Florida & Individual Education Plan Enhanced: Our Top Five Tips.

For students with special education needs, further requirements to prevent truancy charges are provided by the Individuals with Disabilities Education Act (IDEA). Public School Districts are required to assess special education students in all areas related to their disability, including the student’s functional performance. Truancy is related to the student’s performance, thus, if a student with special education needs is truant, the school district must conduct a Functional Behavioral Assessment in order to determine the reason behind the truancy. Results of these assessments can be then utilized to develop an appropriate Positive Behavior Support Plan to address the truant behavior, hopefully avoiding steep financial penalties and jail time.

Overall:

Truancy laws can be difficult to navigate and oftentimes have a disproportionate impact on low income and special education students. At the Orlando Law Group, our attorneys help parents understand their legal rights and options for their child’s education. We represent parents in obtaining appropriate legal services for their children and help parents in advocating for their children and their right to a safe and effective education. If you have questions about anything discussed in this article or other legal matters related to education, give our office a call at 407-512-4394.

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Special Education Matters: Public vs. Private vs. Charter Schools

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Overview:

With back-to-school right around the corner, many parents are beginning to ask themselves what type of school is best for their children. This question is particularly important for parents with children that require special education services. While there is not a right or wrong choice for your child, it is important to know the legal requirements that each type of schooling system must meet for special needs students in order to make the most informed decision you can. Regardless of which school system you choose, one of the most important things you can do as a parent is to be your child’s advocate and get involved in their education.

Public Schools:

The federal Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education (FAPE) to eligible children with disabilities throughout the nation and ensures special education and related services for those children. Under this Act, special education and related services must be provided by the public school system at no cost to the parent, meet the standards of the state, and be in conformity with the student’s individual education plan (IEP). Special needs include learning disabilities, such as autism, but it also includes gifted learners. Florida state law and IDEA both require school districts to provide special instruction and services to gifted students. IDEA also funds early intervention for children with recognizable disabilities to minimize the problem in developmental delay. Additionally, under Section 504 of the Rehabilitation Act of 1973, public schools cannot discriminate based on their disability, meaning they must accept all students who apply, including those with disabilities. The Individualized Education Program (IEP) is also a major aspect of IDEA. To learn more about individualized education plans and how to navigate them, check out our previous blogs: Individualized Education Plan (IEP) and 504 Plan Eligibility in Florida & Individual Education Plan Enhanced: Our Top Five Tips. Although IDEA has been incredibly successful in improving the quality of education for this population, there are still continued challenges. Some of those challenges include poor assessments, limited training for teachers, large class sizes, and eligibility barriers that prevent students from receiving special education. This can sometimes cause parents to seek other options, such as private and charter schools.

Private Schools:

While public schools are bound to a plethora of state and federal laws, the same cannot always be said about private schools. The Individuals with Disabilities Education Act (IDEA 2004), which covers special education law, does not apply to individuals placed in private schools (including religious schools) by their parents. This does not automatically mean that private schools will not accommodate students with special education needs. In fact, many private schools will voluntarily follow a similar framework as public schools for academic accommodations; however, most will have a unique process for accommodations that is specific only to that school’s program. It is extremely important to discuss early on with the school principal or administrator about that process, and to receive that information in writing.

Depending on the amount of federal funding the school receives, if any, the school may be required to follow portions of Section 504, meaning the school cannot discriminate against a child with a disability for reasons related to the disability and might be responsible for providing modifications and accommodations. For example, most private schools are willing to provide some minor classroom accommodations (such as extended time for tests), but they are not required to do more. Because private schools are not bound to the same regulations and protections regarding special education as public schools, if an issue or disagreement does arise within your child’s private school, it may be more difficult to challenge that decision by way of legal action. This also means that unlike public schools, private schools can accept or reject any students they choose to. Private schools can be a phenomenal option if you have found that public schools are not meeting your child’s needs. While they are not obligated to meet the minimums of education law, some schools are tailored for students with ADHD and learning disabilities, and will voluntarily exceed the minimums required of public schools. This can make them a wonderful option for families who did not feel as though their children’s needs were met by the public school system. There is a third option that is becoming increasingly common: charter schools.

Charter Schools:

According to the Florida Department of Education, charter schools are among the fastest growing school choice options in Florida, with student enrollment now topping 341,900 students in the 2020-21 school year. While state laws often grant charter schools some freedom from meeting public education regulations, charter schools must follow all federal laws that apply to any other public school, including IDEA. Florida law relating to charter school education requires that students with disabilities have an equal opportunity of being selected for enrollment in a charter school (Section 1002.33). Because charter schools are still public schools, it is against the law for charter schools to discourage kids with disabilities from attending or applying. However, in reality, this legal regulation does not always necessarily work out in favor of special education students as some parents might hope. Note that all students do need to apply to attend charter schools, which often have very limited spots available, making it challenging to get in.

Overall:

While there is no “one size fits all” solution to determining the best school system for your child, it is always important to take your child’s unique needs along with legal requirements into consideration. At the end of the day, the ultimate goal is to find an environment that allows your child to reach their full potential where they feel comfortable and confident. If you have any questions at all, call us at 407.512.4394. When advocating for your child, you can have an attorney help you understand yours and your child’s rights, and to make sure nothing is getting overlooked when tailoring your child’s education to suit their needs best. We have experienced education law attorneys and staff that have worked hard to make their children’s, and their clients’ children’s special education experiences the best they can be. We are here to help you, and care deeply about this aspect of what we do as a full-service law firm.

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Pet Trusts

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Did you know that the American Veterinary Medical Association found that 85 percent of dog-owners and 76 percent of cat-owners think of their pets as family? We love our pets like family, so we should treat them as such. As a part of our families, pets deserve continuing care in the event of our incapacity or passing. One of the best ways to do this is to establish a pet trust. Trusts are not only for dogs and cats. A trust may be established under Florida law for all kinds of animal companions, including horses, turtles, birds, and more! Trusts can be extremely beneficial for long-living animals such as certain reptiles and birds that can live over 100 years and require specialized care. We at the Orlando Law Group care for our pets immensely, as you may be able to tell from our Facebook and Instagram pages showcasing the “Pets of OLG.”. As such, we want to let you know that a pet trust may be the exact thing you need in order to ensure your pets are well cared for after you have passed. Using a pet trust, you can leave money to be used for the care of your pet(s), put someone in charge of managing and spending that money, and include a set of written instructions created by you to ensure that your furry friend is well taken care of in the event of your incapacitation or death. Read on to learn more about setting up a Pet Trust in Florida!

Setting Up a Pet Trust

Once, pet trusts were considered a far-fetched idea. Now, Florida (along with the other 49 states) has established statutory provisions (F.S. §736.008) providing for the ability to create a pet trust for our beloved animals. A pet trust outlines who will care for your pets, for how long, and the exact maintenance terms desired. Florida is unique compared to some of the other states, in that it allows the trust to continue until the death of the last remaining pet, instead of limiting the length of the trust to 21 years. Importantly, a pet trust can only be set up for animals alive during your lifetime.

Should you have more than one animal that requires care, that is permitted as well. You have the ability to appoint a caregiver for your animal(s), as well as a trustee who will enforce the terms of the trust and ensure that the funds you have set aside for your pets are used the way you intended. The trustee can verify that your pets are being cared for by their appointed caregiver in the way you have outlined, by way of receipts and/or medical bills, and if those funds are not being used in accordance with the terms of your trust, your trustee may have the ability to remove the person appointed to care for your animals and replace them with an alternate person. Within the pet trust, you can also specify your choices for an alternate person or persons to care for your pets in the event that your first choice of caregiver is removed by the trustee, incapacitated or passes away. Additionally, unless the trust documents specifically state otherwise, if the amount in the trust exceeds what is needed to pay for the animal’s care, it will be administered either as part of the grantor’s estate or to the grantor himself/herself if living. A pet trust works the same as a revocable living trust. You, the grantor, create a legal trust entity and fund the trust by placing the necessary money and assets into a separate account in the trust’s name.

You are the one who knows your pet best, so it is important to leave a detailed plan for the care of the pet. Some important information you can have in your pet trust could include necessary medication for your pet to be administered, should they have any medical issues; their likes, their dislikes, which veterinarian you prefer they go to, their activity level and, any past, present, or future concerns you may have regarding your pet(s). You may also include whether you would like your pet cremated or buried after they have passed. All of these are important to ensuring the well-being of the pet, and outlining such will allow you to make sure your animal(s) will be properly cared for.

A pet trust is the best way to ensure that your pets are never sent to a shelter, sold or placed in the wrong hands in the event of your passing. Because the trust includes necessary funds to pay for your pets’ care, having a pet trust takes the burden off of your family or loved ones to financially provide for them after you are incapacitated or have passed away. Additionally, the detailed wishes in the trust guarantee that your pet is cared for just the way that you want even after you are no longer around.

There is much more to know about pet trusts before you are able to decide whether they are the correct estate planning tool for you. If creating a pet trust is something you may be interested in, be sure to consult with a knowledgeable estate and trust attorney.

Protecting Your Pet is Just a Phone Call Away.

Do you love your pets like any other member of your family? Do you ever cringe at the thought of your pet passing away? Do you ever wonder what would happen to them if you passed first? Don’t leave planning for your future and that of your furry friends to chance. All it takes is one phone call to the Orlando Law Group to ensure that your wishes are followed, and your loved ones (both animal and human) are cared for when you are gone. Call us at 407.512.4394 to receive only assistance regarding your estate planning but peace of mind as well. Our experienced attorneys would be happy to help you with any estate planning matters and questions you may have.

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The Florida Gopher Tortoise – A Slow Set-Back to Development *An Update and Information about the Florida Scrub-Jay*

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Overview

Florida is one of the most biodiverse states in the United States, ranking 7th with 4,368 known animal species. Due to this high amount of biodiversity, it is important to consider the animals that may reside on the land when purchasing property or purchasing land to build property on. If any species classified as endangered or threatened inhabits a property or piece of land, a lengthy and likely expensive process may ensue for a buyer. This includes the gopher tortoise and Florida scrub-jay. For more information about the gopher tortoise, visit our previous article titled, “The Florida Gopher Tortoise – A Slow Set-Back to Development.” The Florida scrub-jay is the only bird species that lives exclusively in Florida. These two species are both designated as “threatened” by the federal Endangered Species Act.

About the Florida Scrub-Jay

The Florida scrub-jay is a small blue and gray songbird species endemic to Florida. It is estimated that there are only 7,700-9,300 remaining Florida scrub-jays. Adult scrub-jays have a blue tail, head, and wings and a gray belly. Unlike blue jays, the Florida scrub-jay does not have any black markings or a crest.

The scrub-jays mate for life and form long-lasting pair bonds. They are cooperative breeders, meaning that the offspring of the breeding pair will typically stay for an additional year in order to help raise other young and defend the nest.

The Florida scrub-jay typically resides in dry, low-growing scrub oak in sandy soils. It can be found year-round in parts of Central and Southeast Florida, typically along old sand dunes near the coast and sandy deposits along rivers.

A Threatened Wildlife Species

Federally, the Florida scrub-jay is protected by both the U.S. Migratory Bird Treaty Act and by the federal Endangered Species Act. In Florida, the scrub-jay is protected as a threatened species under Florida’s Endangered and Threatened Species Rules. The primary threat to the bird is habitat destruction and fragmentation due to land development. The scrub-jay population has decreased by up to 90% in the past century due to these threats.

Under the Fish and Wildlife Conservation Commission’s Florida Endangered and Threatened Species List, Section 68A-27.003, the scrub-jay, its nest, and its eggs are all protected. Due to this protection, special permits are necessary to build in a scrub-jay zone. It is necessary to obtain a Federal Incident Take Permit from the U.S. Fish and Wildlife Service (USFWS) in order to build in an area with scrub-jays. To obtain the permit, the USFWS will analyze the land survey and building plans to determine if the scrub-jay will be impacted. If they determine that the Florida scrub-jay will be impacted, strategies for avoidance and minimization of impact will be required in order to obtain the permit. Typically, a 12-month lead time for permitting and mitigation will be necessary before clearing of the property is permitted. Additionally, due to its special habitat, Florida scrub-jays require regular prescribed burns performed by state and local officials.

Developers, builders, or landowners who develop within the protected area of a Florida scrub-jay or its nest without a permit may be in violation of the Endangered Species Act. Under the “Penalties and Enforcement” section of the Act, 16 U.S. Code § 1540, violation of the Act is  a Class “A” misdemeanor, punishable by up to 1 year in jail, and/or up to a $100,000 fine for individuals or up to $200,000 for corporations. Civil penalties range up to $25,000. Additionally, violations of the Migratory Bird Treaty Act are punishable by fines of a maximum of $5000 and or imprisoned for not more than six months for individuals, or $10,000 fine for an organization.

Avoiding Development or Property Issues Involving Florida Scrub-Jays

If you buy property that is in a scrub-jay zone, you are likely going to face a potentially costly and lengthy legal process. You will be required to get special permits from the United States Fish and Wildlife Service, along with permission before any changes are made to the lot.

It is important to start this process early on, as it may take up to a year before you receive approval on your permits. It is important to thoroughly go through these steps; however, because without them you face significant fines and potential legal ramifications.

Update: Developing or Purchasing Land Inhabited by Gopher Tortoises in Florida

Wildlands Conservation is a local 501(c)(3) non-profit conservation organization based out of Tampa, Florida. Their team is composed of ecologists, educators, and land managers who are focused on conserving lands for wildlife for generations to come. Their three main focuses are land management, research, and education.

As part of their mission to conserve lands, they offer Florida Fish and Wildlife Conservation Commission-approved training courses that meet the requirements for the Authorized Gopher Tortoise Agent permit. Their instructors are experts in gopher tortoise permitting, research, and relocation. Together, they have over 50 collective years of experience regarding gopher tortoise conservation. Their staff are also members of the Gopher Tortoise Council’s Executive Committee.

According to their website, the non-profit offers gopher tortoise permitting; surveying; mapping; capture and relocation via mechanical excavation, bucket and live trapping, and hand shovel excavation; recipient site permitting and monitoring; identification of potential recipient sites; tortoise population and vegetation monitoring; line transect distance sampling (LTDS) surveys and burrow scoping; and authorized Gopher Tortoise Agent Training Courses.

Wildlands Conservation offers these services, but they emphasize that there is no standard cost, since each project is different. The Florida Fish and Wildlife Conservation Commission provides a Gopher Tortoise Permitting Guidelines Guide, which outlines the duration and costs typically associated with permitting and removal.

For more information, visit their website at: www.wildlandsconservation.org.

A Piece of Advice in Dealing with Endangered Species in Land Development

There are free resources online through your county’s GIS mapping system in order to determine if the property you are considering purchasing is in a zone which may contain a protected species. You can also call your county’s Planning and Zoning Department if an online system is unavailable. The important thing to keep in mind throughout this process is to always plan ahead of time and have patience, as these permits and approval processes typically take around a year to complete. Remember, if you are ever in doubt that you are purchasing a property or planning to develop a piece of land which contains a protected species, it is advised to seek the assistance of a professional, and to request and complete a thorough survey of the area before you begin your project or purchase a property.

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Personal Injury Lawyer

Need a Personal Injury Lawyer to Fight for You?

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There are 6 million car accidents each year in the U.S. alone. Some tragically end with fatalities, but many others end with injuries – both great and small. Many individuals make the mistake of thinking to themselves, the odds of me being in a car crash are so low that it will most likely not happen to me and preparing could potentially be unnecessary.

Worse than this, sometimes individuals even get into an accident and do not realize they have been injured until later, and do not take the necessary actions that could allow us to move quickly and get them the relief they need.

While experiencing a car accident for yourself can be terrifying, there are a few things you should always do immediately after an accident.

First, it’s important to make sure that everyone is okay, including your passengers and the people in the other car(s) involved. Then, you should always call the police and make sure a report of the accident is filed. This legitimizes your circumstances in the eyes of the law.

This next step is very important, and because of the stress involved in an accident, it can often be overlooked. If you sustain any type of injury from the accident, your next call should be to a personal injury attorney.

Why Work With a Personal Injury Lawyer?

If you are injured in an accident, you might be feeling lost and confused as to what to do next. This is especially true if you believe you should be given some type of compensation for your injuries.

An experienced personal injury attorney understands your situation and will be able to answer any legal questions for you, as well as go over your rights and what you can expect from a personal injury case. Personal injury lawyers understand the case law and can lay the groundwork for you, so you don’t have to do it on your own. It is not only about the groundwork they can lay down, but also about how they can utilize their prior experience of working cases, many of which most likely contain similarities to your situation. Lawyers have teams and resources that can work together to help make your case successful and fair.  

Additionally, personal injury attorneys have experience and rapport working with insurance companies, as well as the lawyers for those companies. Insurance companies may want to limit the amount of compensation you receive or attempt to not allow you anything at all.

If your insurance company still doesn’t want to budge, then your personal injury lawyer can weigh out the evidence in court, proving your case and helping you to receive what you really deserve in order to cover the costs of your medical bills. You may even be able to bypass going to court altogether. Many times, simply working with a personal injury attorney can help you to avoid going to court with your insurance company. In order to avoid a court battle, the insurance company may be more likely to settle with you. The unfortunate fact is that they are less likely to settle if you choose to fight them on your own. 

When to Contact a Personal Injury Attorney?

If you’ve been injured in a car accident and you believe that you deserve some type of compensation for medical bills, don’t feel as if you have to go through it alone. You have already been through enough.  

Our personal injury attorneys at the Orlando Law Group have the experience you need to handle difficult insurance companies who have been unwilling to give you the compensation that you deserve. By working with our team, you will let your insurance company know that you’re taking your case seriously. That’s what we’re here for: to be the team that fights for you. Feel free to contact us today to discuss your accident. We will go over the evidence with you and make sure justice is served and that you get the relief that you deserve.

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Eviction notice and gavel on a table.

The Tidal Wave of Evictions Begins to Break

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With COVID-19, there has been a blanketed feeling of stress brought about by financial strife. Many individuals and businesses are struggling to make their normal payments. This has caused all eyes to stay locked on the monthly moratorium that keeps getting extended every month. This acted as a barrier for many, but also increased the unknown moment of when we would begin to see the ripple effects brought about by a fractured market. We may be at the beginning of the tidal wave of evictions.

What makes the latest Moratorium different?

In the latest extension, which brings the new date to September 1st, new language seems to allow eviction filings to resume. It may even allow for some residents to be removed from their living conditions. The statewide moratorium that was put into place before encompassed more protection for renters, suspending, “any statute providing for an eviction cause of action.” Even though the interpretation of that statement was thought to prohibit landlords from filing, many began the process anyway. A staggering statistic: about 400 commercial and residential evictions have been filed in Orange County as of this time. In terms of what exactly the newest extension suspends, it only halts the “final action at the conclusion of an eviction proceeding” and only for tenants who have been “adversely affected by the COVID-19 emergency.”

It seems that language may open the floodgates, and we may begin to see the onslaught of evictions begin to move forward. A standard amount for Orange County is 1,000 evictions filed every month. With the amount that has built up, we could see at least 5,000 cases filed.

Why is Central Florida vulnerable?

Central Florida is particularly a vulnerable location, being that it relies heavily on the tourism industry. Homelessness, industries on the brink of shutting down, and a wave of restaurants closing permanently are all a part of the predictions being placed at this time. With the language of the new moratorium, landlords will see much more success with their filings. Not only this, but the fact that so many tenants, who are accustomed to the moratorium being unaltered, will not realize the differences and when they are summoned to court may chose to ignore it. If so, this could result in them having five days to reply. If they do not, they could lose their case and automatically be kicked out.

Many have faulted the fact that this extension has been put forward without more clarity on how it differs from the ones that have come before it. Not only was this placed days before the prior moratorium was set to expire, it also came without comment or clarity from the governor. It was not until later that he stated that the order would only effect those who have not been financially impacted by the pandemic.

Caught between difficult dilemmas, the change was implemented to help give landlords and property management companies assistance when their tenants refuse to pay. Sifting through those who have been affected by the pandemic and those who have not may be a tough task. In June alone, 1.02 million Florida residents were still without work. This is a frightening figure, and one that indicates that Florida will be heavily impacted economically for some time.

A Truly Difficult Dilemma to Solve

Even still, the waters are made murky by those who would take advantage on the pause in evictions. For the month of June, property management executives as well as mom-and-pop landlords wrote the Orange County Commission stating that some tenants are using the situation as an excuse to not pay. Chip Tatum, CEO of the Apartment Association of Greater Orlando, mentioned that 65% of its members have been in negotiation to pay, while about 27% have been unresponsive or unwilling to work towards a plan.

For the eviction process, normally a three-day notice is taped on the tenant’s front door. If the tenant does not comply within that time, the landlord may file a complaint with the court, in which case the tenant will be served a summons. To get a hearing, the tenant would normally have five days to deposit the owed rent into the court registry. One of the defenses that tenants may utilize revolves around paying this court registry. If a tenant was adversely affected by the pandemic, they may not have to pay this fee. If a tenant can illustrate loss of employment, diminished wages, business income or other monetary loss, then this could work in favor for the tenant. Saving emails from your supervisor, pay stubs or any evidence of collecting unemployment compensation may be helpful, even though unemployment compensation may indicate a tenant’s ability to pay rent.

The lasting Repercussions

Even if the tenant’s case is dismissed, they will still have an eviction filing on their record, which could make funding for housing in the future very difficult. Orange County is working hard to create a diversion program to stave off the tidal wave of evictions, and Mayor Jerry Demings said that a plan is set to be presented to commissioners on Tuesday, August 11th. No details on how the plan will work were given, but in the meantime, landlords and tenants will have to survive in a situation that excludes easy answers. Our recommendation is that you have a plan, and paperwork to provide legal foundation for your plan. When hardship arises and you feel you have been treated unfairly, our lawyers will be there to help.

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dog

Emotional Support Animals & Community Association Rules: What Does the Law Say?

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Many Community Associations adopt rules and restrictions to limit pets within a community. When purchasing a home, this can be especially appealing to those who suffer from allergies, those that have animal phobias, or those who just simply dislike animals in general because of the noise they make or the mess they sometimes leave behind.

However, it has been well established that service animals, “trained to do the work or perform a task for an individual with a disability, whether physical, sensory, intellectual, or other,” cannot be kept out of a community based on a Community Association’s “pet restriction policy.” This is because the Fair Housing Act, which was adopted in 1968, was modified in 1988 to include persons with disabilities as a protected class. In summation, the Act states that no person can discriminate against another with a disability when renting, buying, or selling a house. Since the service animal is an accommodation for the disability, not allowing the animal would be considered discrimination. Also, since the Fair Housing Act is a federal law, this law supersedes any rules and regulations or any restriction within the declaration of the Association.

THE DIFFERENCE BETWEEN A SERVICE ANIMAL AND AN EMOTIONAL SUPPORT ANIMAL

The next question to consider is if there is a difference between a service animal and an emotional support animal. The answer is yes! Service animals require a high level of training and are typically trained to provide specific tasks for their owner. Emotional support animals on the other hand do not require any specific training. Their sole purpose is to provide, as their title suggest, “emotional support.” Service animals are easy to identify as they tend to be dogs and perform very specific tasks such as seeing eye dogs that provide guidance for the blind. However, with emotional support animals, Community Associations continue to see an increasing number of owners who claim to need emotional support animals with no outward demonstration of a need for support nor the animals demonstration of anything other than being a household pet.

This has left most Associations asking the quintessential question, “what criteria do we use to validate any claim from an owner as to the need for an emotional support animal or animals in some cases?” This is a difficult question to answer and has become a much-abused provision of the law in recent times.

THE AMERICANS WITH DISABILITIES ACT

But we are not without any legal support. The law does provide Associations with some guidance.  The Americans with Disabilities Act limits support animals to dogs and miniature horses. The law also imposes penalties for false claims, although we do warn Associations that it is very difficult to prove such a claim. Associations can also require supporting documentation from an authorized physician or therapist stating the need for the animal. The law protects an individual’s right to privacy as to their specific disability but does not prevent an Association’s right to request proof of the need for an emotional support animal or the need for multiple animals if the case presents itself. The Association can also adopt reasonable rules that the owners must follow so that these animals do not interfere with the peaceable enjoyment of the community by the rest of the residents. For example, one such rule could include that all emotional support animals must always be on a leash when outside an owner’s residence or fenced in yard. Another rule could be that all owners are responsible for picking up after their animals and properly discarding all animal waste.

NAVIGATING THE FINE LINE

There is no denying that animals definitely provide therapeutic healing for those who need it. However, more often than not, we have seen many owners try to get their pets into communities that have “no pet” polices under the guise of them not being a pets but rather emotional support animal with a certificates printed off the internet. This has, in turn, created a very negative connotation and atmosphere surrounding emotional support animals.

As a community, we cannot let the selfish acts of some affect the true medial needs of others. So, Associations can arm themselves by knowing the laws regarding emotional support animals, require owners to provide proper documentation and implementing reasonable rules and regulations for emotional support animals within your community. This will allow those who truly need the support of a fury friend to receive the aid they need and hopefully deter others from violating the laws and instead choose to live in a pet friendly community instead.

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uninsured motorist coverage orlando

Why Uninsured Motorist Coverage Can Save You Hardship and Hassle

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One of The Orlando Law Group’s main goals is to help you avoid problems before they happen. We cannot control the possibility of chaos, but we can give you armor so that when the unexpected strikes, you are ready, capable, and protected. We take trends that we are privy to and apply our experience so that you can remain informed.  

Uninsured motorists, or underinsured motorist insurance coverage are both terms that you may have heard of, but many times these products are known without a deep understanding of why they are so necessary and how they can help you. Let us dive into those details and why they matter so much.   

Orlando Drivers Take Note: Uninsured Motorist Coverage  

In Florida, you are required to have anything other than $10,000 for property damage caused to the other person’s vehicle. In addition to that, you are also provided $10,000 of personal injury protection, or what we call PIP. That is considered full coverage in Florida, believe it or not. What does that mean if you are hit by someone who only has that coverage? If you are not carrying uninsured motorist coverage, or underinsured motorist coverage, that means that there is nothing for your medical bills. Your insurance company considers uninsured motorists and underinsured motorists as existing in one group.  

The truth is that those two insurance coverages are different, and we are going to explain a little bit of the differences to help you understand why they should not be considered the same. Uninsured motorist coverage would be an example of a hit-and-run, or a documented accident where you were not at fault.  

Here is an example. You have been in an accident. There is clearly documented evidence that you were not at fault, and the other person is not carrying any bodily injury coverage. Where does that leave you? You then would need to call your insurance company and provide them the information about the accident. If you are carrying uninsured motorist coverage, they would then provide those benefits to you.  

This is extremely important. We run across these policies often, and many times people do not have this coverage. It is heartbreaking to tell them that the person that injured them was not carrying coverage to pay their medical bills, and unfortunately, they also did not elect for uninsured motorist vehicle coverage, so they are left without any way to pay. It is important to understand uninsured motorist coverage because Orlando has a lot of drivers who might be affected, and we do not want you to suffer because you were not informed. The best knowledge is being informed of all your options.   

The Other One: Underinsured Motorist Vehicle Coverage 

Underinsured motorist vehicle coverage is different. For example, consider the possibility that you get hit by another car that only carries $10,000 worth of bodily injury coverage, and you sustain an injury that requires surgery. It is revealed that the surgery far exceeds that amount.  

Once the at-fault policy tenders the $10,000; you would then call your insurance and tell them that you’ve been offered the 10,000 by the other party, and that you have to get their permission to then tap into your underinsured motorist vehicle coverage. Your claim must be worth more than the amount that you were paid by the other party in order to access your underinsured motorist vehicle coverage or UIM.  

This is vital because a lot of people underestimate the medical expenses that can be accrued when you have been in an accident. While you may have assistance with bodily injury, anytime, that may not be good enough. Everyone knows how expensive medical bills can be if they are only carrying $10,000. The cheap option is not the best, and you may have a surgery that is going to cost $100,000. You need help with an expense like that. Policies that protect you from pitfalls we often see are armor to us. They keep us protected and informed, and it is impossible not to care when so many get taken advantage of because they simply did not consider their options before the accident happened.    

If you are looking at your policy and you find that it can be confusing,  and you are thinking to yourself, “I don’t know what else I may need in the future,” we can do a free review of your policy to see what you can do to better protect yourself. Contact us or give us a call at 407-512-4394. We will be happy to help you out.  

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COVID-19 Unemployment

Gig-Workers And COVID-19 Unemployment – What You Need To Know

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COVID-19 Unemployment Assistance for Gig Workers and Freelancers 

Ambiguous statutory language is consistently being clarified to help those affected by the coronavirus pandemic on both the Federal and local levels. So many individuals are asking themselves if they can collect unemployment, and recently it has come to light that app-based drivers, as well as gig workers, are eligible for unemployment benefits. 

According to the federal government, if you are an independent contractor and you have experienced a “significant diminution of work as a direct result of COVID-19,” then you could potentially collect unemployment. These provisions fall under the Pandemic Unemployment Assistance program.

The Department of Labor has been informed that clarity will be necessary when it comes to broad and ambiguous language that could lead to states not offering benefits to contractors that the law was intended to protect. 

COVID-19 Unemployment Insurance Benefits Confusion

However, there is a lot of confusion around who is eligible to collect. One common questions are: do you have to test positive to potentially drawn unemployment? Not necessarily.

The difficulty is due to language in the section states that a nonemployee ride-hailing driver may not be able to gain unemployment unless “He or she has been forced to suspend operations” due to the COVID-19 outbreak. 

There have indeed been “Additional criteria to cover gig workers.” For so many individuals, clarity is going to become power in this situation. If you are a driver and your business has been affected by COVID-19, do you have a chance at qualifying for unemployment? 

There are some companies providing benefits for those affected by COVID-19. If diagnosed with COVID-19, companies like Uber, Instacart, and Door Dash are offering two weeks of financial assistance. Under the criteria used by the ADP Research Institute, one in six workers count as gig workers in the United States.

That equates to more than 25 million Americans. That is a massive percentage of the workforce. And programs are being put into place to alleviate the hardships they are going to experience or have already gone through. 

Florida and COVID-19 Unemployment Benefits for Gig-Workers and the Self-Employed

In terms of Florida, studies have suggested that gig workers and the self-employed make up a fifth of the state’s workforce. Drivers for Lyft and Uber have had some confusion, only because although they do not qualify for typical unemployment benefits given by the state, they do qualify for assistance that is being provided during the pandemic. Getting that assistance has been another story altogether. 

As one would expect, online portals are having trouble shouldering the number of individuals filing for this assistance.

With confusing processes and ambiguous language, there has been a rise in panic for people reaching out for help. One of the essential actions you will take is that of utilizing and having resources that you trust who are dealing with these changes every single day. That is why we are here to help you. 

One of the most significant hardships that individuals are facing is how much time it takes to go through the process to get the assistance that they need. One individual, who is using the name Ted and keeping his last name private to preserve potential job prospects in the future, charted his process.

Ted was attempting to apply for unemployment benefits during coronavirus COVID-19. He has been forced to stay home and could not work due to the quarantine.

Ted was hoping to collect a few weeks of unemployment at the reported rate of $600 per week.

He made over 900 calls in 6 days and was only able to get through when he entered his social security number on the phone. After that, he was told that he would get half the assistance, but another portion would have to be registered for later because the program was not instituted yet. 

Receiving benefits in Florida for Gig-Workers and Freelancers

The truth is that time is not going to be on our side when it comes to the inundation these programs are facing. It is true that, for many families, they need assistance immediately, and the ambiguity does not help them understand if they qualify or not.

As always, we are staying close to every situation, and we want to know the questions that you have. Utilize your allied resources at this time and give us a call if you begin to run into complications or feel that legally you need advice. We are here to help, and we take great pride in the fact that one conversation with us can change your future.

There are no dumb questions during this time, and if you are struggling to understand what to do next, we are here to help you. Call our office right now at (407) 512-4394 and ask to speak with an employment lawyer.

Related article

Child Support Reduction and Suspension During COVID-19

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child support reduction

Child Support Reduction/Suspension During COVID-19

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We at the Orlando Law Group understand that this is an incredibly tumultuous time for the world, a time where feelings of stress and uncertainty often cloud even the most optimistic of views.

If we can provide even a little bit of clarity for not only our clients but those out there dealing with issues of child support with reduced income, we will have done our job. 

What happens if a parent who pays child support has been involuntarily terminated?

In a time where hundreds of thousands of people are being let go from their jobs, thus losing their steady stream of income, the Courts look to a party’s individual circumstances to determine whether or not their child support obligation should be temporarily suspended. 

Temporary relief from child support is possible where the paying parent has been involuntarily terminated, he/she has searched thoroughly for a new job, the paying parent has depleted their assets, and their unemployment benefits have expired. 

Such relief may also be possible where there has been a significant, permanent reduction in income. If, however, the reduction is only temporary, the courts ultimately have the power to suspend payments.

It is important to note that a parent who is temporarily unemployed may not be subject to contempt proceedings for failure to make child support payments, based on the fact that the unemployment is the root cause of his/her inability to pay.

Additionally, Courts hold that a parent’s temporary relief from child support payments shall only be effective during the time in which it was reasonably necessary for them to gain employment.  You have to file a Motion to reduce child support right away and try to get a hearing because all obligations will keep being due until the obligation is reduced.

In the event that you had money coming out of a paycheck and you do not work at that company any longer, the Department of Revenue can suspend your license or pursue you for not paying.  We hope they will slow this process during this time, but you still have to be proactive as failure to pay can result in license suspension and in the worst-case scenario jail.  

Quire often, Judges are understanding, but they prefer when people are proactive. 

What happens to payment of back child support?

Where the loss of the paying parent’s job is definite and the court has temporarily reduced the paying parent’s child support, they shall not be required to pay any amounts that are owed (arrearages), if they are currently making the reduced child support payments ordered by the Court. 

Again, you need a court order to reduce the amount of support.

What happens if a parent is voluntarily unemployed?

Where a paying parent has created circumstances that a Court believes may amount to voluntary unemployment, the court may impute income (assign an income amount for the parent) sufficient to continue the current child support payments.

A modification of child support may be done by the court to reflect payments the parent could make if he/she was not voluntarily employed. 

Therefore, if you are a parent that has made an exhaustive effort to seek employment and are truly struggling to pay your current child support amount, the court may have the ability to temporarily suspend or reduce such payments until you are reemployed.

It is important to understand that a parent’s obligation to support their child terminates at death, so the temporary suspension of such support will only be granted if the Court finds it absolutely necessary.

In conclusion, if you have any questions regarding your child support payments, or if you need assistance with temporarily suspending them, please do not hesitate to contact a family law attorney at The Orlando Law Group at 407.512.4394 to schedule a consultation today. 

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insurance

Title Insurance Truth or Dare…featuring RON

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Okay, it’s time for some truth serum. The Title Insurance Industry is a business that is continually evolving. Real Estate Agents must deal with title companies, and their clients get title insurance on every transaction they handle. While we socially distance ourselves due to the Coronavirus, it’s a perfect time to level up what we do and how we do it. There may be a thousand ways everyone else accomplishes a task, but the way you’re going to stand out and innovate is by finding that one way that no one thought about.

In this article, we will be diving into the truths that have prevailed within the business of Title Insurance. We will also look at how to be daring enough to use them to your advantage. 

If you work as a Real Estate Agent, in the field of Title Insurance, or are simply an entrepreneur looking to create some innovative tactics while you’re at home staying socially distant, you’ll find something useful. You will be challenged, and each of our truths is partnered with a dare for you to try out. Take a scientific approach and grow through experimentation. We will say this: to the daring always go the spoils. 

  1. Truth: Good Communication is Key – This might seem simple, but anyone who has worked in Title will understand that it’s those who communicate well that stay in the game. Communication is all about being thorough, and at the same time caring about who you’re working with. We dare you to get to know everyone involved, that way you can be completely aware of any situation that might arise. Having systems and processes in place to make sure you’re following procedures is just the beginning. Information is vital, and although text can be the easiest way to expedite responses, nothing beats a good conversation over the phone or in person. Right now, due to the Coronavirus, even avenues like Zoom are a better way for someone to see your face without having to be in the same room.
  2. Truth: Set Expectations and Have Checklists – So many individuals have to work from home right now because of COVID-19. Without checklists and working documents, that can be difficult. Working documents are real weapons in business. Checklists keep order to what can quickly become a chaotic process. We dare you to have templates on your computer of checklists, and we double dare you to print them off! There’s no better feeling than being able to check off a box and look at your checklist, knowing everything has been completed. Also, save some room for custom points you can add that the clients specifically want or need taken care of. Working documents are made to be worked on and evolved.
  3. Truth: Get to know RON – What is RON? Who is RON? Is he Harry Potter’s best friend? Yes, but not this RON. You are probably curious as to how notarization is going to work during the COVID-19, socially distant world we’re experiencing. RON or Remote Online Notarization is going to become your best friend in this scenario, and especially as we have to stay distant to flatten the curve of this virus. Taking advantage of technology can be arduous, but it’s always worth it eventually. We dare you to try new avenues of technology that make your job that much easier. Work with a title company that is taking advantage of RON (we are)!
  4. Truth: Create Your Special Recipe – This is something that requires a little bit of creative work. Create something unique that only you do as a Realtor, Title Agent, or business entrepreneur. This could be a gift that you present at the end; it could be a program where you follow up after the closing has taken place, or it could be a special place you take everyone for lunch once the victory has been achieved. Even if you can’t take them to lunch because of COVID-19, perhaps a Zoom happy hour where you can speak about the future and celebrate the transaction completed will be perfect. The point is to make them feel like this particular action is unique to your business (hopefully it is). We dare you to make it as personal as possible. It’ll help you stand out, as well as build strong ties with those that you do business with.

We work with a vast array of agents, and just like Real Estate and Law, The Title Insurance Industry is dependent upon the Title worker. It’s all about the level that you want to achieve, and we want to encourage you always to have the mindset of leveling up what you do.  

Seek out your truths and the truths that others have discovered and dare yourself to try new things. Right now, everyone has to adopt new strategies and plan because of how the virus has changed our daily lives. We must remain hopeful. Innovate, recalibrate, and formulate processes that both take inspiration from your heroes and make you an inspiration for others. When it’s all said and done, add your flourish, and dare the world to do the same.

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estate-planning

Estate Planning: The Will to Plan Now Makes for an Optimistic Tomorrow

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During this time, we’ve been focusing on ways that we can help you feel safe, confident, and connected despite the difficulties so many are experiencing. We know that, for many individuals, the only way to combat uncertainty is by taking care of the things you can control. That’s why we believe that a Will is actual mental medicine for your tomorrow.

It’s the best way to know that your assets are protected and that your legacy will continue the way you want it to. The good news is that, even if you do not feel comfortable coming into our office, we can handle the process completely online using an online notary.

We have had a massive influx of these clients in the past week, and each one has helped us understand that right now, planning is giving them a sense of calm about their present and their future. This overall sense of settled is something that is hard to come by right now, and we are so grateful to help families and individuals get these forms in order.

You can call through video chat, which has now become the standard means of communication around the world, and we will take you through each step and follow our thorough approach to getting everything you need communicated and taken care of with the help of RON (Remote Online Notarization).

Below, you will find three benefits of getting these forms completed with our assistance. Right now, it’s about the control we can have over our future. We don’t know what tomorrow may bring, but with a Will and a plan, we know that we have some control over what the future holds in store.

Three Benefits to Getting a Will Completed Today:  

  1. Peace of Mind – There are a few things in our world that are priceless. One of them is peace of mind. For many of us, stress holds space in our minds unless we plan a way to add some control to our future.
  2. Healthcare Assistance – Knowing that you have the specific people designated to make Healthcare decisions and having them aware adds a level of comfort to any situation.
  3. Avoiding Conflict Between Family Members – By having everything in order, you avoid any potential conflict that might arise. You want your family to be able to focus on grieving, not making difficult decisions.

Another aspect of estate planning that helps you feel confident is the employment of Healthcare Directives. The Healthcare Surrogate Form gives your agent the authority to make healthcare decisions for you. If a doctor finds you mentally incapacitated, these forms will be vital to making decisions about your health.

We cannot stress the fact that these forms protect you and your family from unwanted stress, conflict, and complications. Below, you will find three concrete reasons why Healthcare Directives work in your favor. 

Estate Planning: Three Ways Healthcare Directives Help You: 

  1. Worry Less – When you’re sick, you don’t have to worry about making any financial decisions. At any point, if you needed someone to help you with making those decisions, they can do that. 
  2. Less Limits – People aren’t being allowed into hospitals at this time unless they are sick. This can complicate measures, and by having structures and documents already in place, you don’t have to scramble last minute, which can add to your worry.  
  3. Better Systems – Stress can create sickness. Getting these documents in place can diminish your stress at a time where stress feels like a constant state of being. There are aspects of the future that we can’t control, but this is something you can, and the comfort of control truly helps your immune system stay strong.

A Will was built to allow you to have the most control over your legacy. It is just as much about you preserving your goals for your assets as it is about allowing there to be no conflict between loved ones in the event of your passing. It brings our clients great comfort to have these documents in place, and we feel it is our honor to give them a tomorrow they can enjoy more and worry less about.

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divorce during coronavirus

The Truth About Getting a Divorce During Coronavirus

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If you are thinking about or searching for information on getting a divorce during coronavirus, this article is written for you. In reality, getting a divorce during a pandemic that has closed down many businesses and brought normal life to a halt can seem overwhelming.

You are probably weighing many options. Should you wait until the coronavirus lockdown passes before you proceed with a divorce? If you and your spouse are living together, what arrangements need to be made while we are on a stay-at-home order?

For those with children, how can you successfully co-parent during coronavirus or COVID-19 restrictions? Is your mental health at risk while being confined and a divorce is the only clear path to healing? While there are no easy answers to those questions and your individual situation plays a large role in your next steps, here are some guidelines.

The divorce lawyers who focus on family law at the Orlando Law Group report that the divorce rate during any type of crisis tends to go up. Divorce during coronavirus is no different and we are already seeing increasing numbers of phone calls and communications from people who are interested in filing for divorce.

The truth is, divorce is an aspect of life and when there is the added stress of a trying situation, like that during a global pandemic, it shines a spotlight on the existing problems. Being restricted with family members and your significant other from leaving that house places many people in a stressful environment. In your home, social distance can only go so far.

If you and your spouse already were not getting along and divorce was in the conversation, being together without a break can exacerbate the situation. If it is insurmountable, the only logical move would be to take the next step towards a divorce.

Some situations are more urgent. If there is physical or mental abuse, moving forward quickly might be a necessity. There are different levels and classifications of abuse. If you are being physically harmed by your spouse or if you live with a narcissist who mentally abuses you, life with restrictions of social interaction outside the home can become intolerable.

In these cases getting a divorce in general needs to be accelerated, and getting a divorce during coronavirus should happen as quickly as possible so that you can be removed from the abusive situation.

How can you move forward with a divorce during coronavirus pandemic?

The global pandemic is shaping our lives in a very dynamic way. It seems that every day we get new information from our state government and the White House. We need to be mindful that what is true today, might not be so tomorrow.

If you are in a position where you want or need to file for divorce dung COVID-19 and coronavirus, you have the right to do so. The Orlando Law Group has been deemed an “essential” business during the stay-at-home order and we are continuing operations from our offices.

We can start the divorce process over the phone or over a video conference. Our offices are being cleaned with the most strict methods and we can even organize for drive-up legal and notary services in our parking lots for your social distancing convenience.

Ultimately, getting a divorce during coronavirus is a bit more difficult than during times without pandemic regulations, but that’s why we are here. We help our clients through the most difficult times.

The first step is to reach out and contact or call us. We’ll guide you from there.

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Coronavirus Evictions

CORONAVIRUS EVICTIONS: Being Aware of Potential Pitfalls

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With the State of Florida enacting a mandatory stay home order in effect as of 12:01 AM, Friday morning, we have been speaking with many landlords and tenants regarding what rights they have during this trying time. The coronavirus outbreak has brought many business issues to light.

On one hand, many businesses have shut down during this time, leaving many tenants without the income source they survive on.

These tenants want to know whether they are at risk of being kicked on the street. On the other hand, landlords are still required to pay any mortgages and other expenses that they owe on the house. Many landlords cannot afford to keep their rental houses without the income they generate. What has the State of Florida said?

Attempts to Stop Coronvirus Evictions

While many politicians would like to halt evictions and have urged the Governor to impose a statewide moratorium on evictions, as of today the State of Florida has not officially issued any such order. Currently, each county is at the discretion to enter their own orders restricting court access and filings.

For example, Seminole, Brevard, and Osceola counties have suspended evictions until April 15. Orange County has suspended evictions through April 17. Without a statewide order, you need to be aware of what orders have been passed in the county you reside in. 

Meanwhile, the Florida Supreme Court has issued the following Administrative Order, “given the exigencies of the public health emergency, the requirement in Florida Rule of Civil Procedure 1.580(a) for the clerk to issue a writ of possession “forthwith” shall be suspended through the close of business on Friday, April 17, 2020, or as provided by subsequent order.” https://www.floridasupremecourt.org/content/download/632431/7186205/AOSC20-17.pdf.

What this means is that the State of Florida is not currently requiring counties to follow the eviction process under the Florida Statutes. However, this order only suspends the requirementfor a Clerk of Court to issue the Writ of Possession, it does not suspend or prohibit a county’s ability to enter such a writ.

Without a State ordered mandate, each county is left to decide what is best for their residents. If you are a tenant, should you be worried about being evicted if you are unable to pay the rent during the COVID-19 scare? Likely not, but until the State of Florida puts forth a statewide mandate, it is dependent on the county you live in and there is not a set answer at this time.

What To Do About Rent During The Coronavirus Pandemic

Even though your landlord may not be able to evict you at this time, that does not necessarily mean you will not be liable for the rent payment during this period. It is going to be interesting to see how this plays out from a landlord-tenant perspective because a situation like this has never occurred during our lifetimes. Most likely the tenant will be responsible for the missed rent because the relationship is governed by the lease between the parties.

One question that is raised is whether the landlord will be able to file for eviction immediately after the virus threat is over, or whether the tenant will have a period of leniency in which to make payments to the landlord for the back rent. Without a steady source of income, many tenants will not be able to make a lump-sum payment of past due rent, and many tenants may not be able to climb out of the hole at all.

With the uncertainty caused by the coronavirus pandemic and the risk of the virus spreading if tenants are thrown onto the street, the State of Florida will likely enter an order shortly that sets clear precedence for how the landlord/tenant relationship will be handled during this time. 

The potential pitfalls created by this virus will hopefully be addressed by an Order put forth from the State of Florida. As always, we will remain apprised to the situation in order to be your source for navigating any changes that happen.

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stimulus-check

Before You Pay Your Bills with your Stimulus Check…Read This…

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With times of uncertainty come all new ways of protecting your future, and there are many individuals out there who will be receiving a stimulus check that they can put towards oh so many provisions. We want to caution you on planning without speaking with one of our Lead Attorneys: Sophia Dean. She specializes in helping your money go the farthest, to get you in the best situation moving forward.

Depending on what your situations is, there could be two potential uses of your stimulus money. It could be used to provide some relief towards your debt, or it could be used to buy necessities. Of course, without a plan, usually money gets spent; however, we want to encourage you to reach out to us to have a conversation if you’re not sure about the future and how to spend that money.

Below, you will find some ways in which Stimulus Check money will most likely be utilized:

  1. Basic Needs: This is a time in which you must take care of yourself, and if you absolutely need to spend that money, then supplies are your priority.
  2. Put It Towards Your Taxes: The government has extended the deadline to pay taxes back to July 15th  
  3. Use it to Strengthen Your Emergency Fund: You can use your check towards making your emergency savings stronger.
  4. Investing It: Investments, especially in Real Estate, are how individuals find the arbitrage of passive income.
  5. Lower Your Student Debt: With interest payments suspended, you can make payments towards the premium. Lowering your principal balance could mean smaller interest payments once interest rates are put back into place.
  6. Paying off debts: If the amount owed in debt is not significant, this might be the right move, but not always.

When it comes to money, we always recommend planning over anything else. Having a focused roadmap to success takes a team, and we are here to help you navigate these uncertain times. For us, we believe that our experiences translate to advantages and victories for you. We want you to utilize the fact that we have encountered  many situations, and that every single one has taught us something new. The commonality between them all is that ideas in a vacuum are less powerful than ones formulated using a team. The adage: “Two heads are better than one,” remains true, especially in finance.

So before you pay your debts with your Stimulus Check, consult with us. All it takes is one new conversation, one new plan, and someone that has your best interest in mind and that works within the legal system every single day. That’s us, and we promise that we will do our best to never steer you wrong.   

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coronavirus

Coronavirus: New Laws Will Accommodate Families

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We are consistently here to provide you with information that can help you navigate this difficult time. 

Below, we are going to discuss acts that are being expanded. 

These laws provide coverage, especially to those who must be out of work due to health-related issues.

Keep in mind that you always want to consult a lawyer about every legal decision, and with things changing by the day, we understand that information is power. Below, we will detail the Emergency Family and Medical Leave Expansion Act, and the potential changes could help you get the most out of your job while staying healthy and protected during the pandemic.

Expanded Coverage and Eligibility – The Act significantly amends and expands FMLA on a temporary basis. The current employee threshold for FMLA coverage would change from only covering employers with 50 or more employees to instead covering those employers with fewer than 500 employees. 

It also lowers the eligibility requirement such that any employee who has worked for the employer for at least 30 days before the designated leave may be eligible to receive paid family and medical leave. As a result, thousands of employers not previously subject to the FMLA may be required to provide job-protected leave to employees for a COVID-19 coronavirus-designated reason. 

However, the Act now includes language allowing the Secretary of Labor to exclude healthcare providers and emergency responders from the definition of employees.

These occupations are allowed to take such leave. The Act also appears to exempt small businesses with fewer than 50 employees if the required leave would jeopardize the viability of their business. 

Reasons for Emergency Leave – Any individual employed by the employer for at least 30 days (before the first day of leave) may take up to 12 weeks of job-protected leave to allow an employee, who is unable to work or telework, to care for the employee’s child (under 18 years of age). 

If the child’s school or place of care is closed or the childcare provider is unavailable due to a public health emergency. This is now the only qualifying need for Emergency FMLA and a significant change from the prior version of the bill passed by the House over the weekend, which contained several other COVID-19-related reasons to provide Emergency FMLA.

Paid Leave – Another significant change from the prior version passed from the House is the reduction of the unpaid period of Emergency FMLA. Now, the first ten days (rather than 14 days) of Emergency FMLA may be unpaid. 

During these ten days, an employee may elect to substitute any accrued paid leave (like a vacation or sick leave) to cover some or all of the 10-day unpaid period. 

After the ten days, the employer generally must pay full-time employees at two-thirds the employee’s regular rate for the number of hours the employee would otherwise be regularly scheduled. 

The new Act now limits this pay entitlement to $200 per day and $10,000 in the aggregate per employee. 

Calculating Pay for Non-Full Time Employees – Employees who work a part-time or irregular schedule are entitled to be paid based on the average number of hours the employee worked for the six months before taking Emergency FMLA. 

Employees who have worked for less than six months before leave are entitled to the employee’s reasonable expectation at the hiring of the average number of hours the employee would generally be scheduled to work. 

Job Restoration – Employers with 25 or more employees will have the same obligation as under traditional FMLA to return any employee who has taken Emergency FMLA to the same or equivalent position upon the return to work. 

However, employers with fewer than 25 employees are generally excluded from this requirement if the employee’s position no longer exists following the Emergency FMLA leave due to an economic downtown or other circumstances caused by a public health emergency during the period of Emergency FMLA. 

This exclusion is subject to the employer making reasonable attempts to return the employee to an equivalent position and requires an employer to make efforts to return the employee to work for up to a year following the employee’s leave.

Effective Date and Expiration – The president signed the legislation on the evening of March 18, which means the leave provisions will go into effect on April 2.

There are different portions of this Act that we will discuss in the future. What does it all mean for you? It means that you could potentially be entitled to benefits that weren’t available before. 

As always, if you have questions, we are here to help and disseminate information that may apply to your current situation. Do not hesitate to reach out. We are committed to consistently being your source for knowledge and how the laws are changing to help you. 

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Families-First-Coronovirus-Response-Act

[Alert] Families First Coronavirus Response Act

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The Orlando Law Group has summarized the details of the Families First Coronavirus Response Act.

Overview

  • President Donald Trump signed an emergency bill on Wednesday, March 18, 2020 to expand family and medical leave. According to various media reports, the bill guarantees paid sick leave for certain U.S. workers, including those employed by private entities or individuals who employ fewer than 500 employees.
  • The U.S. Senate passed the bill, titled the Families First Coronavirus Response Act, by a 90-8 vote.
  • The bill takes effect April 2, 2020, and it will end on Dec. 31, 2020.
  • If you would like to speak to a lawyer about this information, please call The Orlando Law Group at (407) 512-4394.

You can view the details in a downloadable PDF below:

ALERT: Families First Coronavirus Response Act. [PDF]

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Working From Home

How To Crush Your Job Working From Home. By Someone who Has for 15 Years.

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[Guest Article] Editorial note: This article is written during the coronavirus pandemic of 2020. Many companies are having their employees work from home while coronavirus works its course.

So here you are faced with the option or requirement to start working from home. Whatever the reason, you’ve got a lot of thinking to do. Working from home can be a daunting change of pace for many people. 

It’s quite different working from home. There’s a lot of consistency when you work in an office or regular place of business. Not so much at home. Some people live alone, while others have five other humans living with them. It’s fluid and dynamic, and every home has a unique environment and set of distractions.

Hi, I’m Chris, and for the last 20 years, I’ve run an Internet Marketing business. When I lived in New England, I had an office. It was cool, and I liked going there every day. But, after a while, I started working from home, and I found that I could be a thousand times more productive doing so.

That’s when I made the switch to permanently working from home. Over that time, I’ve learned a lot about what it takes to be incredibly productive working in the same place you sleep. So, stick with me here, and I’ll share with you my favorite tips for working from home.

Structure is Critical

There’s no denying that you can easily fall into a non-productivity chasm when you work from home. Distractions are everywhere you turn, and you are literally in the place where you most often chill out. 

So, you need to establish some clear structure into your day. Determine what hours you’ll be working, write them down or put them in your calendar or planner and stick to it. When it’s time to work, everything else gets put away. 

Focusing on structure and sticking to a schedule will help you mentally transition from being at home to being at work.

There’s also a benefit at the far end of a structured work-from-home workday. That is when your schedule for the day is over, you put the work away, and you resume your non-work activities.

Get Dressed For Work

No kidding on this one. Getting dressed like you are going to work will help you mentally transition into your workday. 

Staying in your sweats or that mumu you got from Wish will keep your mind in chill-out mode, and you will more easily become distracted. 

So, get in the habit of dressing for work.

Bonus tip: It’s easy to forget to shower when you work from home. Make a point of taking that shower in the morning before you “go to work.” You’ll thank me.

If You Are Doing Video Conferencing

There are few things more frustrating than trying to do a video conference and to have the other party complain that your video keeps freezing.

When it’s time to do that critical video conference, I recommend turning off any other device that might be using your internet connection. Make sure no one is watching Netflix or downloading large files during your call.

Often, I will not rely on my wifi and will instead connect a network cable from my laptop right into my home router to make sure I get the best speed possible.

If You Are Screen Sharing

Screen sharing is commonplace in virtual meetings. If you plan on sharing your screen, it’s a good idea to look at every open program. Make sure that whoever is looking at your screen doesn’t inadvertently see something that might be embarrassing to you, like a browser tab with your favorite K-pop video playing.

Silence!

In my house, there are sometimes four children, my wife, and my dog trying to live their lives while I work. After so many years of doing this, everyone usually works well together when I need quiet time for phone calls. Usually.

Then there are the times when, no matter how nicely I ask, there’s noise. While I don’t have to use this tactic often, there are times when you’ll find me in isolated silence in the back seat of my car. In my garage. 

The point here is, you have to be respectful to your clients or co-workers when you are on a call. Sometimes, you have to do whatever it takes.

The First Hour

If I were limited to only giving you a single tip, it would be this one. 

The first hour is the “rutter that steers the ship for your entire day.”

When you sit down to work for your first hour, get right to work. And I mean right to work. Stay off social media, don’t check your email, forget Pinterest. Get directly to work for a solid hour. 

I even suggest skipping your morning coffee and getting immediately to work for a focused hour. Then, after you bust out an hour of work, break. Make coffee, and get back to work. 

Nothing will make you more productive for the rest of the day than powering through as much quality work in the first hour. 

If instead, you sit down, sip coffee, and aimlessly scroll through social media, that’s what you’ll end up doing for hours. You’ll lose all steam, and your day will fall into a Facebook abyss. 

So, don’t do that. Focus and get to work.

Remember, You Are Not Alone

Many people struggle to get used to working from home. That’s easy to understand. It’s a dramatic change. 

Remember, you are not alone. Others are making the same switch and going through the same challenges. Make sure you keep lines of communication open with your co-workers and managers. Let them know how you are feeling and leverage all the resources you have available to make sure your working-from-home is successful.

Christopher Prouty is the founder of NineTwice, a Search Engine Optimization and Search Marketing company. He has clients around the world and has worked from home for over 15 years. He does not own a mumu.

 

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Jennifer Englert

Five Things I’ve Learned in 10 Years

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This month we celebrate the tenth anniversary of The Orlando Law Group.

On August 8, 2009, I took a leap of faith that the Central Florida region would benefit from a law firm that puts people first and cares deeply about the community. We knew our clients wanted a firm staffed with attorneys who precisely focus on all areas of law.

Back then, I had a small office with two lawyers and no support staff. When I started up, the firm was agile, focused on growth and service, and I knew that what we had to offer could dramatically change many of our clients’ lives for the better.

Now, a decade later, I’ve seen a lot of change and have learned quite a bit along the way. As I reflect, there are five things I have learned that stand out.

  1. The law is continually evolving. Like many industries, the legal world is subject to change and improvement over time. New laws are created, and we are responsible for understanding the fine details on how they affect our clients. Sometimes these laws are only small changes to existing laws and other times entirely new laws are put into place, like the current bill filed with the state of Florida to decriminalize marijuana. What makes us successful is our ability to learn these new laws and understand how they apply to current and future clients.
  2. Our clients’ needs have become more complex. The practice of law is exciting in that there are so many different legal areas. Over the past ten years, it’s become clear that it is impossible to draw definitive boundaries around each practice. So many times we have to take into account several areas of law when we work with a client. Family Law, for example, can stretch into business law and estate planning quite easily. As a firm, my team’s ability to be nimble and creative is a tremendous asset. We are able to look at the big picture for a client and provide them with a complete solution, even when their needs span multiple areas of law.
  3. A dedication to the community is critical. If any new business owner were to ask me for advice on how to be successful, I’d tell them that being an active member of the community is very important — the communities in which we serve benefit in countless ways when business get involved. As business owners, we have the experience to think critically about solving problems, we can assemble teams to accomplish great things, and we can inspire others to do the same. From the beginning, The Orlando Law Group has made community involvement and service a hallmark of how our firm operates.
  4. Surround yourself with positive, uplifting people. There’s a saying that suggests that you are influenced more by the people you surround yourself with than by any other source. I believe it. From the beginning, I’ve always found that when I work, socialize, and volunteer with people who have a positive and uplifting attitude, we accomplish more, and every outcome is rewarding. I encourage everyone to seek out the positive people in their lives and simply spend time with them. Their spirit is contagious and can affect you in profound ways.
  5. Set big goals and work tirelessly towards them. After a decade, my firm has grown to five offices with two dozen employees. My goals are substantial, and they get bigger all the time. When you set big goals and make a strategic plan to achieve those goals, amazing things happen. I truly love what I do. It’s my purpose in life, and that is why I work so hard to help as many people as possible. It’s not about how many offices we have or how many employees come to work every day. What matters most is that we have a positive impact on the lives of our clients.

I am fiercely proud to be celebrating our 10th anniversary today. In some ways, it feels like just a few moments have past and in others a lifetime. I do know this; we continue to be agile and aggressive. We continue to work with endless dedication to our clients. And while we celebrate ten years of serving our clients and our community, we are now focused on the next ten. 2029, here we come.

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time-sharing schedule problems

What Happens If A Parent Refuses To Honor The Time-Sharing Schedule Set Out By The Court?

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In Florida, courts adhere to Florida state statutes when shaping a timesharing schedule, and specifically look to Florida Statute 61.13. When deciding upon a timesharing schedule, the courts make their determination based on a multitude of factors; a total of about 20 factors, to be exact. These factors include, but are certainly not limited to: the demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required; the demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent; the moral fitness of the parents; the mental and physical health of the parents; and the reasonable preference of the child. The bottom line is, when Florida courts determine a timesharing schedule, they make that important decision in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act.

Florida Statute 61.13 states that each minor child should have frequent and continuing contact with both parents during a separation and after a marriage is dissolved. The court adheres to the notion that parental responsibility is shared by both parents, unless the court finds that the continued sharing of parental responsibility by both parents would be detrimental to the child.

We are all aware that divorce or separation often results in a rollercoaster of emotions, even between the most logical and reasonable of parents, and situations may arise during and after a divorce or separation that lead to conflict between parents. If such distress leads one parent to begin restricting or altering the time-sharing of the other parent, Florida Statute 61.13(4)(c) states that the Court may take any of the following actions:

  1. Reimburse the denied-parent, as soon as possible, for the time-sharing missed. This is done at the convenience of the denied-parent and at the expense of the noncompliant parent; or
  2. Order the noncompliant parent to pay reasonable court costs and attorney’s fees to the denied parent for the expenses incurred from bringing an action to enforce the time-sharing schedule; or
  3. Order the noncompliant parent to attend a parenting course; or
  4. Order the noncompliant parent to perform community service; or
  5. Order the noncompliant parent to have the financial burden of promoting continuous contact, if the child resides more than 60 miles away from the compliant parent; or
  6. Modify the parenting plan if it is in the best interest of the child; or
  7. Impose any other reasonable sanction as a result of the parent’s noncompliance.

In addition to the possibilities listed above, if a parent refuses to honor the time-sharing schedule, they may be found in contempt of court and summarily punished in the form of paying reasonable court costs and attorney’s fees of the other party, or faced with another consequence that the is deemed appropriate. Other potential consequences could range from fines to sanctions or even incarceration. A contempt order may be criminal or civil. The determination of which type of contempt applies depends on the action of the party. Criminal contempt is often used to punish a party whose conduct rises to the level of embarrassing, hindering, or obstructing the administration of justice. Civil contempt is often used to persuade a party to comply with a court order after they have already failed to abide by it. To avoid being held in contempt, the parties must follow the time-sharing schedule set out by the court or properly modify it.

HOW DO YOU PROPERLY MODIFY A TIME-SHARING SCHEDULE?

Florida Statute 61.13 states that in order to modify a time-sharing schedule, a two-prong standard must be satisfied: (1) that there be a showing of substantial, material, and unanticipated change in circumstances; and (2) a determination that the modification is in “the best interests of the child.” In order to allow for a modification of the time-sharing schedule, the change in circumstances must be significant and involuntary. Additionally, as discussed in previous blogs regarding time-sharing, the “best interest of the child” is the primary standard that the court adheres to when constructing a time-sharing schedule for a minor child and his/her parents. There are numerous factors that must be considered when determining what is best for the child, some of which are:

  • The ability of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent;
  • The length of time the child has lived in a stable environment; and
  • The moral fitness of the parents;

Therefore, if a party meets its burden of proving that there is a substantial change in circumstances and the modification is in the best interest of the child, the court may allow for the time-sharing schedule to be altered.

It is important to remember that the focus of both parents must remain on the well-being of the minor child/children, particularly in developing a safe and healthy environment for them. Additionally, if a time-sharing schedule is modified, then child-support payments may need to be adjusted as well. If you are planning on obtaining a divorce or modifying a time-sharing schedule, it is imperative that you understand the process, as well as the rules that the court must adhere to.

The attorneys at The Orlando Law Group represent families throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you are dealing with a family law issue or looking for some preventative family law services, please reach out to our office at 407-512-4394, fill out our online contact form.

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

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Divorce Child Custody

How Do Courts Calculate Time Sharing in Divorce Child Custody

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Divorce can be an overwhelming process, especially if a parent does not understand the reasoning and methodology behind the court’s decisions. One decision that many parents must deal with for years to come is the courts’ decision on a child’s timesharing or custody arrangement.

When the amount of time you spend with your child is at issue, it often helps to understand the rules that the court must abide by when constructing a time-sharing schedule. In Florida, courts adhere to Florida Statute 61.13, which may be a little overwhelming to read at first glance. This is why the professionals who focus on family law with The Orlando Law Group are here to help.

Florida Statute 61.046(23) defines time-sharing as a timetable that must be included in the parenting plan that specifies the amount of time that a minor child will spend with each parent, which includes overnights and holidays. A time-sharing schedule can either be 1) developed and agreed upon by the parents, then approved by the court; or 2) established by the court, if the parents can’t agree or if the time-sharing schedule they have already developed is not approved.

61.13 (2)(c) further states that the court must make a decision regarding a minor child’s time-sharing based on the best interest of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. This means that the court takes into account all factors that affect the welfare and interest of the minor child, as well as the circumstances of the family. For example, some of the factors that the court looks to when determining the best interest of the child are:

(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.

(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.

(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.

(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.

(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.

(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.

(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

In addition to the best interest of the child, the court makes its decision in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, or otherwise known as the “UCCJEA”. The purpose of the UCCJEA is to avoid competition and conflict between courts of another state, where matters of custody may have been previously handled.

The UCCJEA Affidavit requires the parent to fill out the child’s name, place of birth, birth date, sex, present address, the period of residence, and places where the child has lived within the past 5 years. It also requires the name, present address, and the relationship to the child for each person with whom the child has lived during that 5-year period.

Statute 61.13 further states that it is the public policy of the state that each minor has frequent and continuing contact with both parents after the parents separate or after the marriage is officially dissolved. It encourages both parents to share the rights and responsibilities that come with raising their child. It also emphasizes that there is no presumption against the father or mother of the child regarding their time-sharing, which essentially means that there is no predetermination made by the court regarding which parent the child will spend more time with. After the court weighs all of the factors outlined above, it will make its determination based on whatever time-sharing schedule is best suited for the child’s individual needs.

If you are currently struggling with determining a suitable time-sharing schedule in a divorce child custody situation, finding an attorney who can effectively help you during its construction is vital. The attorneys at The Orlando Law Group are ready, willing, and able to assist you with such a process. We have countless hours of experience in family court helping our clients navigate divorce cases and understand the type of custody that has been arranged.

The attorneys at The Orlando Law Group represent families throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you are dealing with a family law issue or looking for some preventative family law services, please reach out to our office at 407-512-4394, fill out our online contact form.

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

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Florida Medical Marijuana

Florida Medical Marijuana – What employers need to know.

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Regarding the Florida Medical Marijuana Law, what defines “marijuana?”

“Marijuana” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis which are dispensed from a medical marijuana treatment center for medical use by a qualified patient.” Florida Statute § 381.986 

The vote for the use of medical cannabis in Florida.

In 2016 Florida citizens voted for a constitutional amendment permitting individuals to use cannabis for medicinal purposes. The bill passed with tremendous support garnering 72% of the votes, in the state known for its narrow margins and hotly contested elections.

While Medical Marijuana may have passed in Florida, Federal Law, as well as Florida law, does not prevent Florida employers from punishing employees for failing a drug test. Despite its landslide victory, the herbal medicine still faces controversy and must overcome ambiguity before it can be used freely by the constituents who voted for it. 

Florida Statute §381.986, in great detail, covers the use and restrictions of Medical Marijuana in Florida. This statute reads, in part: 

(1) (j) “Medical use” means the acquisition, possession, use, delivery, transfer, or administration of marijuana authorized by a physician certification. The term does not include use or administration of marijuana in the following locations: 

a. On any form of public transportation, except for low-THC cannabis. 

b. In any public place, except for low-THC cannabis. 

c. In a qualified patient’s place of employment, except when permitted by his or her employer. d. In a state correctional institution, as defined in s. 944.02, or a correctional institution, as defined in s. 944.241. 

e. On the grounds of a preschool, primary school, or secondary school, except as provided in s.1006.062. 

f. In a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis. 

(15) APPLICABILITY.—This section does not limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy. This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana. This section does not create a cause of action against an employer for wrongful discharge or discrimination. 

Florida employers are not required to accommodate.

The excerpt above sparked major controversy and was unbeknown to most voters until after the law went into effect. Although the usage of Medical Marijuana is legal for those people who qualify, the law is clear that an employer is not required to accommodate an employee’s medical use of marijuana. This differs from other laws such as the Americans with Disabilities Act or the Family Medical Leave Act, where the federal government has mandated that employers follow certain protocols when dealing with these classes of people. 

Florida employers do not have to accommodate to the fact that you are legally allowed to use marijuana, nor are they required to allow you to use marijuana at their business location. An employer can terminate an employee for the use of legal medical marijuana, and this termination does not create a basis for legal action for wrongful termination.

Marijuana can stay in a person’s system for up to multiple weeks, ensuring that employees subjected to drug test must refrain from the substance for indefinite amounts of time. A person with a marijuana card, depending on the rules of their employer, would not even be able to administer the medicine (smoking medical marijuana, for example) outside of work because they would run the risk of failing a drug test. 

Incentives for employers

Under the laws as they currently stand, Florida actually provides incentives for employers NOT TO allow the usage of medical marijuana in their workplaces. In 1990 the Florida Legislature enacted a State law titled “Florida Drug-Free Workplace” F.S 112.0455. This law provided specific requirements which an employer must comply with to be certified as a Florida Drug-Free Workplace. The law also provided incentives and benefits for employers who are certified as a Florida Drug-Free Workplace. The State of Florida, through this law, encourages employers to drug test employees and promotes a Drug-Free Workplace environment. In Florida, companies get reduced rates on various insurances if they implement drug-free workplace policies. 

Could the Florida medical cannabis pave the way for recreational use of weed?

Florida is also slowly moving toward recreational marijuana, with at least one bill being proposed in 2019 before dying in committee. Proponents of recreational marijuana are citing states like Colorado who have generated billions since approving of recreational use. Florida is already a tourist destination and could easily capitalize on the recreational marijuana industry. With the passage of medical marijuana and the lag time in the laws of Florida to catch up with these medical innovations, it makes you wonder whether recreational marijuana will be vertically integrated and structured the same way. The “drug” may become legal for recreational use, but under Florida Law, you could still be terminated from your place of employment. 

There have been no successful legal challenges in Florida regarding medicinal marijuana in the workplace. Of course, this amendment is relatively new and the possibility remains that the courts could decide in favor of employees – especially as the opioid epidemic worsens and more and more states are looking to medical marijuana as a better alternative to chronic pain relief. Until that time, the statute is clear that marijuana use, medical or otherwise, is not permitted under the Florida Drug-Free Workplace rules.

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#focusondrivingfl texting while driving

#FocusOnDrivingFL – What you need to know about the texting while driving in Florida

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Texting and driving can be a dangerous combination. In a 2014 report, the US Department of Transportation National Highway Traffic Safety Administration studied data from 2012. The data revealed that distracted driving was associated with 3300 deaths and 421,000 injuries in collisions in the US; much of the evidence in these cases suggests that smartphone use continues to be a substantial contributor to these incidences.

Further, AAA recently conducted a study that revealed 78% of Americans suggest that texting while driving is a “significant danger.” The study also cited that 35% of the respondents admitted to texting while driving.

Starting July 1, 2019, texting while driving has been defined as a primary offense in the state of Florida. Many people don’t realize that texting and driving was illegal before the July change. The difference is that previously, a law enforcement officer had to witness you violating another law to be able to pull you over for texting while driving.

In early 2019, the Florida government voted to change that.

With the July 1 change and texting while driving becoming a primary offense, authorities can pull you over if they see you typing on your phone or other hand-held devices.

Here are some of the top questions we have been asked about the new law.

Someone told me that if I am stopped for texting while driving, a police officer can ask to see my phone to verify that I was texting. Is this true?

This is actually true; officers are allowed to ask to see the phone of the driver who was pulled over for texting while driving, with one caveat. While the responding officer can ask to see your phone, they must tell you that you have the right to decline the request.

The original law making texting and driving a secondary offense started in 2013. Since then, officers have received training to be able to identify drivers who are texting. If you are stopped, it is because an officer believes you were texting while driving based on your behaviors.

How do things change after July 1?

Florida statute 316.305 — which is known as the Florida Ban on Texting While Driving Law, officially changes the law against using a mobile phone or hand-held device from a secondary offense to a primary offense. Beginning on July 1, law enforcement officers can pull over drivers for using a wireless device while operating a vehicle.

And there’s more. There’s also a part of the law about school zones and construction sites with active workers. This part of the law states that starting October 1, 2019, phones or hand-held devices can only be used in a “hands-free” manner while in use in a school zone, school crossing area, or construction area with active workers.

What happens if I get pulled over for texting while driving after July 1, 2019?

The answer to this question is “it depends.” Depending on the law enforcement agency that has stopped you, the outcome might vary.

The Florida Highway Patrol has released a statement suggesting that they will be issuing warnings until January 1, 2020. They are considering the time between now and then to be an “educational period.” Meanwhile, in Volusia and Orange Counties, the Sheriff’s Offices have stated that will begin ticketing offenders immediately.

Our suggestion is to simply obey the law, regardless of where you happen to be driving.

Can I still text while stopped at a red light?

The law does not specifically state that you cannot check your phone while parked on the side of the road or at a red light; it is not advised. Ultimately, when you are behind the wheel of a motor vehicle, your attention should be on your surroundings and making sure you and those around you are safe.

Can I be exempt from the texting while driving law?

There are a few instances where you might be exempt from this law. These include if you are reporting an emergency or criminal activity to law enforcement, if you are operating an autonomous vehicle in autonomous mode, or if you are receiving messages that are related to the operation or navigation of the vehicle. You could also be exempt if you are using the device for system or navigation purposes.

These are certainly not “get out of jail free” cards, so be smart with how you use technology and put safety first always.

Under the new law, can I legally press a button on my phone to answer a call?

Outside of a school or work zone, according to the law, you are allowed to activate, deactivate, or initiate a feature or function on your phone, as long as it doesn’t require multiple key presses.

In a school or work zone, the law suggests that you can use only hands-free features to activate, deactivate, or initiate a feature or function on the phone. So, using Siri on an iPhone or “Ok Google” on an Andriod phone is permitted.

Focus on Driving Campaign

While there are groups who worked to prevent this law, it’s essential to consider that the spirit of the law is to keep people safe. These include the driver, the car’s occupants, other drivers, and pedestrians.

The State has created a “Put It Down” campaign to bring awareness to the new law. You can follow hashtags #PutItDown and #FocusOnDrivingFL for more information.

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New FREC Team Advertising Rules; What you need to know.

New FREC Team Advertising Rules; What you need to know.

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Jarrod Ethridge on the PACE Program in FloridaBy Attorney Jarrod Etheridge

The Florida Real Estate Commission (FREC) has published the final version of Rule 61J2-10.026, which governs group or team advertising. This new FREC Team Advertising Rules impact office procedures and team advertising.

New FREC Team Advertising Rules go into effect July 1, 2019

Effective July 1, 2019, this rule is set to create some serious changes in the real estate industry. The reasoning behind the rule is that FREC was receiving complaints from the general public who were often being confused or misled as to who, or what they were dealing with during a real estate deal.

Group/Team names were often being mistaken to be the name of the real estate brokerage, and clients were often unable to determine whether they were dealing with an agent, a broker or brokerage. Under Florida law, only a broker is allowed to use a fictitious name. For example, Keller Williams, Coldwell Banker, Tavistock, etc. A sales or broker associate operating under a Florida entity is required to name the entity after themselves. By creating team names including certain words, FREC believes realtors are crossing this line. 

What are some of the words no longer allowed in real estate team names?

Under the new rule, FREC has released an extensive non-exhaustive list of words that are no longer allowed to be included in team names. Whereas realtor teams are allowed to use the words “team” or “group,” almost every real estate team in existence uses one of the now prohibited words: (a) Agency (b) Associates (c) Brokerage (d) Brokers (e) Company (f) Corporation (g) Corp. (h) Inc. (i) LLC (j) LP, LLP or Partnership (k) Properties (l) Property (m) Real Estate (n) Realty (o) Or similar words suggesting the team or group is a separate real estate brokerage or company. 

If your team name still meets the above, you are not out of the woods yet. The new rule also provides that on any advertisements containing the team name of any form, registered brokers must maintain a design where “the name of the team shall not appear in larger print than the name or logo of the registered brokerage.

All advertisements must be designed in a manner in which reasonable persons would know they are dealing with a team or group.” Check your business cards, website, mailers, etc., if your team or group advertising contains a name that is in a bigger font than the name OR logo of your brokerage, you are out of compliance with the new rules.

This is certainly a good time to be in the business of promotional items because almost every real estate agent in Orlando is going to be scrambling to get new business cards and other promotional items.

Do the new FREC Team Advertising Rules affect teams made up of agents from multiple brokerages?

For those very few teams whose names are still valid, the rule also adds a component requiring all real estate teams to be comprised of members of the same brokerage or under the supervision of the same broker. FREC is no longer going to allow agents from multiple brokerages to act under a single team. 

What to do right now…

The Orlando Law Group is here to help if you need someone to review your current advertising schemes to make sure you are in compliance with the new rules. Judging by the drastic changes pushed forward with this rule, we do not recommend continuing to use any advertisements that are out of compliance starting July 1, 2019.

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gopher tortoise

The Florida Gopher Tortoise – A Slow Set-Back to Development

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Jarrod Ethridge on the PACE Program in FloridaBy Jarrod Etheridge

When purchasing a piece of property, it is important to consider a variety of factors, including the animals, like the gopher tortoise, that inhabit the landscape. If any endangered or threatened species reside on that property, be prepared for a long and potentially expensive process. This includes the gopher tortoise, who are commonly known for digging burrows in their home range in Florida, Georgia, and other southern states.

What is a gopher tortoise?

The gopher tortoise is a large terrestrial reptile that has front legs perfectly suited for burrowing. The rear feet of the gopher tortoise are often referred to as “elephantine” because of their size and shape.

The front legs are protected from sharp rocks while burrowing by a layer of scales. the scales are usually dark brown, gray, or black in color. They also have a yellow lower shell. You can easily distinguish a male or female gopher tortoise. Male gopher tortoises having concave lower shells, while females’ lower shells are more are flat in appearance.

Gopher tortoise habitats

Gopher tortoises occupy various habitats throughout Florida. They use their front legs to dig burrows many feet deep for shelter and forage on low-growing plants. You may have seen them in a patch of woods or walking down the road. 

Gopher tortoises share their burrows with more than 350 other species. They are referred to as a keystone species because of the Florida natural ecosystem’s reliance on the burrows.

A threatened wildlife species

In Florida, the gopher tortoise is listed as a Threatened Wildlife Species by the states fish and wildlife conservation commission. Both the tortoise and its burrow are protected by state law. Gopher tortoises must be relocated before any land clearing or development takes place within twenty-five feet of either a gopher tortoise or a gopher tortoise burrow. Property owners must obtain permits from the Florida Fish and Wildlife Commission (FWC) before capturing and relocating tortoises. 

What is Gopher Tortoise Florida Law?

Developers, builders or landowners who develop within the protected area of a gopher tortoise or its burrow commit a crime under Florida law. It is a level four violation, as defined in §379.401(4)(b) is a felony of the third degree which if convicted could result in (1) a term of imprisonment not exceeding five years, (Florida Statute § 775.082) and/or (2) a fine of $5,000 (Florida Statute § 775.083). 

If you buy a piece of property that has an existing gopher tortoise habitat or gopher tortoise burrows, you might have some work to do. The prohibitions related to gopher tortoise burrows will not be applied if you can demonstrate that those burrows are no longer used by gopher tortoises. To prove this, at your expense, a gopher tortoise survey will have to be conducted in accordance with the guidelines of the FWC.

Most activities associated with residential lawn and landscape maintenance do not require a permit provided the activities must not collapse gopher tortoise burrows, cause habitat loss, or harm gopher tortoises. Prescribed burning requirements vary from county to county and should be explored before burning near a gopher tortoise habitat.

Even if the collapse of the burrow’s sandy soils is accidental, the landowner could be held criminally or civilly liable for disrupting the tortoises. This is more likely if the person knew that their actions could harm the tortoises.  It’s advisable to check with the fish and wildlife service professionals if you have any concerns.

Getting help developing land with gopher tortoises in Florida

P.A.W.S. (Peoples Alliance for Wildlife Survival) is a non-profit organization that helps landowners with the development of land containing Gopher Tortoise burrows. The organization’s primary concern is for the welfare of the animal during the stressful relocation process. According to its website, the organization can provide four options to help homeowners:

Option 1: Develop the property while staying at least twenty-five feet away from the Gopher Tortoises. This is advertised as the least expensive and most favorable open for both the landowner and the tortoise. The organization will help study mark the areas to avoid developing, and they suggest placing signs up that notify the public of the existence of the tortoises.  

The cost for this service is around $100.00 through this non-profit organization. Using a private company could potentially cost hundreds or thousands of dollars. Many Florida builders have employees certified in detecting and protecting the Gopher Tortoise as they could be held criminally liable for disturbing them as well.

Option 2: Onsite Relocation. In some cases, you potentially have the option to relocate the tortoise to a different part of the subject property.  “This process generally involves trapping or excavating the burrow, and once empty, completely collapsing it.

The tortoises are moved to the predetermined location elsewhere on the property. They are enclosed in a temporary pen and supported while starter burrows are created and they are eventually released.” P.A.W.S., https://www.pawsfloridachapter.com/Tortoiserelocationinfo.html. The cost for this service is $250-350.00 through this non-profit.

Option 3: Offsite Relocation. Offsite relocation is considered to be a more time consuming and costly alternative to the previously listed options. This route requires the highest levels of permits and oversight by government agencies such as the FWC. P.A.W.S. typically charges between $400.00 and $600.00 to oversee this service, which is compared to Private companies which can run up to $6,500.00 for comparable services. 

Avoiding problems with gopher tortoise

A gopher tortoise problem can be easily avoided, but it can be a very costly and time-consuming problem if it is missed during the inspection period. Should you or your client have any issues relating to gopher tortoises, it is highly recommended that you address the problem as soon as possible.

Any attempt to relocate or otherwise remove the tortoises on your own could result in very significant fines and/or criminal penalties against you.  Other types of wildlife have similar protections in Florida through an endangered species act and have their own experts to help landowners with mitigation.  

Protected species include Bald Eagles, which are the most well-known. It’s also worth knowing about gopher frogs and burrowing owls. If you are in doubt if a species is protected, it is advised to ask a legal professional before you begin your project. 

 

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