Podcasts about florida statute

Your Guide to the Matt Gaetz ScandalState of Play:Ethics report is unreleased as of now, a hacker has apparently obtained parts of the Department of Justice investigation that did not end in prosecution of GaetzThe iron law of political scandals, as written on the wall of a DC backroom (wash your hands after inspecting): if the public already knows about your dirty deeds and hasn't totally written you off, keep chugging. But every new bit of information that comes out is an exponential risk.The Gaetz story has been publicly aired for years. So it is really only a liability if new information comes to light. So what is already known? That way we know if something new comes along.Well, it comes down to two main questions.* Are Sugar Babies w****s?* Is it illegal to sleep with a minor who misrepresents their age? Can the sex be proven beyond a reasonable doubt?Let's start with question number one. Are Sugar Babies w****s?Which for the pure of heart will begin with a subquestion, what is a Sugar Baby?A sugar baby is typically a younger individual who enters into a relationship with an older, affluent partner—known as a sugar daddy or sugar mommy—in exchange for financial support, gifts, or other benefits. These relationships are often characterized by mutual agreements where the sugar baby provides companionship, and in some cases, intimacy, while receiving monetary assistance, luxury items, or experiences in return.These connections, like much of our modern world, is facilitated by the internet. For example…Seeking.com is an online dating platform that connects successful and attractive individuals seeking mutually beneficial relationships. And so it was on Seeking.com that Joel Greenberg, a then-friend of Gaetz who eventually pled guilty to sex trafficking and informed on the congressman, met women to form such relationships. Here is an ABC report of a back and forth between one of the women…"I have a friend flying in and we are trying to make plans for tonight. What are your plans for later," Greenberg wrote to the woman, whose identity ABC News is withholding for privacy purposes. "And how much of an allowance will you be requiring :)" Greenberg added.The woman responded by telling Greenberg she has "a friend who introduced me to the website that I could bring" and said she "usually" requires "$400 per meet."Greenberg then sent the woman a photo of Gaetz taking a selfie with students at Pea Ridge Elementary from a 2017 visit, and wrote, "My friend," indicating that Gaetz would be the friend joining him."Oooh my friend thinks he's really cute!" the woman responded.Greenberg then replied that Gaetz was "down here only for the day," adding "we work hard and play hard," before asking, "Have you ever tried molly," referring to the drug MDMA, or Ecstasy.As Greenberg was discussing payment for the get-together, the woman asked if Gaetz used the same website Greenberg had used to meet her. Greenberg replied, in part, "He knows the deal :)," referring to the Florida congressman. The former tax collector then said he would book a "suite Downtown" for the gathering.Sugar Baby websites are built on the idea that wealthy people connect with attractive people. The implication of money or expensive gifts being exchanged is inherent to the concept. But… are the women legally w****s? Specifically, women who are charging money for the act of sex?This is a very important question. Flying a friend you eventually have sex with across state lines on your dime is a nice thing to do. Flying a w***e across state lines to pay for intercourse is sex trafficking.We do not have an answer for this. Although Greenberg plead guilty to sex trafficking so he seemingly admitted it.In general it is a moral and legal question that I am sure many rich men, including possibly some in congress, likely don't want answered.However, it gets even more serious when one of those women is 17 years old. Which leads us to our second question.Is it illegal to sleep with a minor who misrepresents their age? Can the sex be proven beyond a reasonable doubt?A lawyer for two women interviewed by the House Ethics Committee has said the following:Leppard told POLITICO on Sunday that his clients had attended between five to 10 "sex parties" with the former Florida Representative between 2017 and 2018. Gaetz was already in Congress at the time.Leppard also said one of his clients witnessed Gaetz having sex with another woman who was then 17 years old. They were at a house party in Florida."She testified [that] in July of 2017, at this house party, she was walking out to the pool area, and she looked to her right, and she saw Rep. Gaetz having sex with her friend, who was 17," Leppard said.A report from The Daily Beast identified two Venmo transactions Gaetz had in 2018 with Joe Greenberg, an accused sex trafficker, for a total of $900. Greenberg then sent the money to three teen girls in transactions labeled "tuition" and "school."The woman, now in her 20s, reportedly confirmed this during interviews with the House Ethics committee.In Florida, engaging in sexual activity with a minor is illegal, regardless of whether the minor misrepresents their age. The state enforces strict liability in such cases, meaning that a defendant's belief about the minor's age, even if based on the minor's false representation, is not a valid defense. Florida Statute 794.021 explicitly states that ignorance or a reasonable mistake regarding the victim's age is not a defense to prosecution under sexual offense laws.And yet… the woman in question also testified about this to criminal investigators and no charges were filed against Gaetz. This might suggest that the case against him is less than air tight. Or that proof beyond personal testimony would not stand up at trial.So no… you cannot claim ignorance on having sex with a 17-year-old in Florida. But also, there might not be evidence to prove it happened beyond a he said/she said.Again: this has all been known for years after Greenberg's arrest and the Department of Justice investigation.Will there be new information? We have to wait and see.But it also might not matter, because Gaetz' higher hurdle to clear has nothing to do with what he did or didn't do as a military-grade horny Florida Man bachelor… but rather his conduct as a rhetorical bomb thrower who has personally torched members of the Senate whose vote he now needs to court.-That and more on the show! CHAPTERS00:43 Guide to Matt Gaetz Sex Scandal17:24 Normally Podcast (Karol Markowicz and MK Ham)49:08 Update: Selzer, Lutnick, Trump's NY Sentencing58:02 Gabe Fleisher This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.politicspoliticspolitics.com/subscribe

Web: www.JonesHealthLaw.com Phone: (305)877-5054 Instagram: @JonesHealthLaw Facebook: @JonesHealthLaw YouTube: @JonesHealthLaw In the State of Florida, the Department of Health regulates the unlicensed practices of health care professionals. Florida Statute § 456.065 states that any practice, performance, or delivery of health care services by an individual without a valid and active license to practice that profession is strictly prohibited.    Not only can practicing without a valid license accumulate hefty fines for an offender, but it can also impose criminal penalties and/or sentences. The Unlicensed Activity Unit works with law enforcement and the state attorney's offices to prosecute any individuals practicing without a license. The unlicensed practice of health care can have serious impositions on the administrative side and criminal side. An individual practicing without a valid license may be delivered a cease-and-desist notice to halt their practice which can have further implications if the notice is not abided by. Furthermore, individuals practicing unlicensed may be subject to citations and criminal proceedings that include fines and imprisonment. --- Support this podcast: https://podcasters.spotify.com/pod/show/joneshealthlaw/support

Web: www.JonesHealthLaw.com Phone: (305)877-5054 Instagram: @JonesHealthLaw Facebook: @JonesHealthLaw Youtube: @JonesHealthLaw Per the Board of Nursing, if a specific act is questionable, a declaratory statement may be requested to provide clarity. The Board of Nursing defines a declaratory statement as a means for resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the board, or department when there is no board. On September 26, 2022, Jessica James, a registered nurse (R.N.) from Pensacola, Florida requested a declaratory statement on clarification for the task delegation of Botox Cosmetic. The case referenced Florida Statute § 464.003, specifically quoting, “The administration of medications and treatments as prescribed or authorized by a duly licensed practitioner authorized by the laws of this state to prescribe such medications and treatments.” Jessica James' request went on to identify some prerequisites in her case for Botox task delegation eligibility by stating that the physician would first examine the patient and write an order detailing the specific muscles to be injected as well as the units per injection site before delegating the task to a registered nurse. --- Support this podcast: https://podcasters.spotify.com/pod/show/joneshealthlaw/support

According to Florida Statute 466.023(1), Only dental hygienists may be delegated the task of removing calculus deposits, accretions, and stains from exposed surfaces of the teeth and from the gingival sulcus and the task of performing root planing and curettage. In addition, dental hygienists may expose dental X-ray films, apply topical preventive or prophylactic agents, and perform all tasks delegable by the dentist in accordance with s. 466.024. The board by rule shall determine whether such functions shall be performed under the direct, indirect, or general supervision of the dentist. Section (3) of the aforementioned Florida Statute, states that dental hygienists may, without supervision, provide educational programs, faculty or staff training programs, and authorized fluoride rinse programs; apply fluorides; instruct a patient in oral hygiene care; supervise the oral hygiene care of a patient; and perform other services that do not involve diagnosis or treatment of dental conditions and that are approved by rule of the board. Section (5) of the aforementioned Florida Statute, states that Dental hygienists may, without supervision, perform dental charting as provided in s. 466.0235. Section (5) of the aforementioned Florida Statute, states thatA dental hygienist may administer local anesthesia as provided in ss. 466.017 and 466.024. Florida Statute 466.017(4) states that A dentist or dental hygienist who administers or employs the use of any form of anesthesia must possess a certification in either basic cardiopulmonary resuscitation for health professionals or advanced cardiac life support approved by the American Heart Association or the American Red Cross or an equivalent agency-sponsored course with recertification every 2 years. Each dental office which uses any form of anesthesia must have immediately available and in good working order such resuscitative equipment, oxygen, and other resuscitative drugs as are specified by rule of the board in order to manage possible adverse reactions. Web: www.JonesHealthLaw.com Phone: (305)877-5054 Instagram: @JonesHealthLaw Facebook: @JonesHealthLaw Youtube: @JonesHealthLaw --- Support this podcast: https://podcasters.spotify.com/pod/show/joneshealthlaw/support

Effective July 1, 2020, Advanced Practice Registered Nurses (“APRN”) will be able to register their own autonomous practice throughout Florida with the passage of House Bill 607. No longer will the APRN have to provide patient care within the framework of an established protocol with a supervising physician if they are properly registered. If the APRN is not registered then an established protocol will still be required. The term Health Care Provider has been re-defined to mean a physician, osteopathic physician, podiatric physician or an APRN registered under Florida Statute §464.0123. A registered APRN may only establish an autonomous practice in primary care, including family medicine, general pediatrics, and general internal medicine. APRNs certified as nurse midwives may engage in the practice of midwifery in accordance with Florida Statute §464.012(4)(c). APRNs engaging in autonomous practice must provide information in writing to a new patient about his or her qualifications and the nature of the autonomous practice before or during the initial patient encounter. A registered APRN may also (1) admit a patient to a health care facility; (2) manage the care that the patient receives at the facility: and (3) discharge the patient from the facility, unless prohibited by federal law. The ARPN may provide a signature, certification, stamp, etc., that is otherwise required by law to be provided by a physician so long as the APRN is not issuing a physician certification. There are many other requirements that an APRN has to comply with in order to legally establish and operate their autonomous practice in Florida. As more APRNs register I'm confident that additional laws and/or rules will be created to further regulate the practice area. It is important to hire a health law attorney who has the requisite experience, knowledge and training required to help you navigate the laws. Web: www.JonesHealthLaw.com Phone: (305)877-5054 Instagram: @JonesHealthLaw Facebook: @JonesHealthLaw Youtube: @JonesHealthLaw --- Support this podcast: https://podcasters.spotify.com/pod/show/joneshealthlaw/support

Did you know that there's a Statute on the books in the state of Florida that gives the state authorities the power to force examine, quarantine, or inject anyone they deem a threat to public health, "by any means necessary?"

Under Florida criminal law, there are specific places where possession of a firearm is absolutely prohibited. If you have a Florida concealed carry license, taking your handgun to work is easy, but what if your employer prohibits you from carrying a gun at work? In this video, Ryan will go through Florida Statute 790.251 and your rights under both federal and state law. Do you want to avoid going to prison? Do you own a firearm? Do you carry a firearm concealed in Florida? Then you need to claim your FREE copy of my brand new book Florida Concealed Carry Law 2022 before they are all gone... And the best part is it's FREE. All you have to do is cover the shipping... Claim Your FREE copy here... https://www.tampacarry.com/fccl --- Send in a voice message: https://podcasters.spotify.com/pod/show/tampacarry/message

The General Election day is this coming Tuesday, November 8th. I break down the plethora of misinformation, lies and #FakeNews coming from social media regarding the candidates, along with the real requirements for write-in candidates and who qualifies/qualified as one according to Florida Statute: 99.061. Email: realnewsocala@gmail.com --- Support this podcast: https://anchor.fm/lee-leffingwell/support

Just as is the case with Advanced Practice Registered Nurses, the Florida Legislature has recognized that Physician Assistants (PA) are capable of performing certain health care activities that they were previously prohibited from performing. The changes are largely administrative and does not significantly increase the independent clinical services that they may provide to a patient. On June 29, 2021, the governor approved House Bill 431, which expands the scope of practice for Physician Assistants. The provisions set forth in the House Bill 431 took effect on July 1, 2021. Notably, the law does not permit PA to sign for medical marijuana certification, workers compensation medical examinations required to determine maximum medical improvement, and impairment ratings. Florida PA are bound by the requirements contained in Florida Statute §§458.347 and 459.022. One of the more noteworthy changes to the law is that it deletes the requirement that a physician assistant must inform his or her patients that they have the right to see a physician before the physician assistant prescribes or dispenses a prescription (amendment to Fla. Stat. §458.347(4)(e)(1)) and Fla. Admin. Code R. 64B8-30.012. Also, physician assistants are now authorized to procure drugs and medical devices and revising the requirements for a certain formulary (amendment to Fla. Stat. §458.347(4)(f)(1) and Fla. Admin. Code R. 64B8-30.008). Web: www.JonesHealthLaw.com Phone: (305)877-5054 Instagram: @JonesHealthLaw Facebook: @JonesHealthLaw Youtube: #JonesHealthLaw --- Support this podcast: https://podcasters.spotify.com/pod/show/joneshealthlaw/support

Whether an aromatherapy product is a cosmetic or a drug under the law is determined by the product's intended use. The Federal Food, Drug and Cosmetic Act defines “cosmetics” by their intended use, as “articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance.” Florida Statute §499.003(12) adopted the FDA's definition of “cosmetic” verbatim, but further stated that the definition does not include soap. The law doesn't require cosmetics to have FDA approval before they go on the market. But FDA can take action against a cosmetic on the market if they have reliable information showing that it is unsafe when consumers use it according to directions on the label, or in the customary or expected way, or if it is not labeled properly. The FDA Act defines “drugs”, in part, by their intended use, as “articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease” and “articles (other than food) intended to affect the structure or any function of the body of man or other animals. For example, claims that a product will relieve colic, ease pain, relax muscles, treat depression or anxiety, or help you sleep are drug claims. Intended use may be established by claims stated on the product labeling, what consumers expect it to do, in advertising on the internet, or in other promotional materials. Ultimately, the FDA makes decisions on a case-by-case basis. Certain claims may cause a product to be considered a drug, even if the product is marketed as if it were a cosmetic. It may also be established that a product is a drug based upon the ingredients that have a well-known therapeutic use. Essential oil fragrances marketed for promoting attractiveness is a cosmetic. However, a fragrance marketed with certain “aromatherapy” claims, such as assertions that the scent will help the consumer sleep or quit smoking, meets the definition of a drug because of its intended use. Under Florida Statute §499.005(5) it is a crime to disseminate false or misleading advertisement of a drug, device or cosmetic, which is punishable as a misdemeanor of the second degree. It is also a violation of the Florida Drug and Cosmetic Act to disseminate any false advertisement of any drug, device or cosmetic, which includes misleading advertisements according to Florida Statute §499.0054(1)(a). These advertisements include those on a website or social media account. Keep in mind that a cosmetic product must be labeled according to cosmetic labeling regulations. Web: www.JonesHealthLaw.com Phone: (305)877-5054 Instagram: @JonesHealthLaw Facebook: @JonesHealthLaw Youtube: #JonesHealthLaw --- Support this podcast: https://podcasters.spotify.com/pod/show/joneshealthlaw/support

Unfortunately, it is the tragic headlines that grab us. We read further to find out what happened. We may shake our heads in disbelief... but then, we quickly move on because after all, it's just another tragic story -- that didn't happen to us. My guest today is Melissa Wandall. She was that story 18 years ago. Newley married, in a new home, and 9-months pregnant, she got a phone call that dramatically changed her life forever. In this episode, you will learn ... What terrible news Melissa got as a young mother. Her incredible response and life-long https://www.melissawandalladvocate.com (Advocacy) quest to help others. Where her personal strength comes from. The Florida Statute she got passed to improve highway safety. The https://www.themarkwandallfoundation.org (Florida foundation) she started for children grieving the loss of a loved one. ... and much much more! I'm so glad you stopped by today. It is my hope that you will listen... learn... and connect! https://www.facebook.com/TheMarkWandallFoundation (Facebook) https://twitter.com/MarkWandall (Twitter) https://www.youtube.com/user/TMWFoundation (Youtube) https://www.linkedin.com/in/melissa-wandall-1995442a/ (Linkedin)

What four (or five) creditors can foreclose and take away your primary residence? What legal authority in Florida allows a creditor to take your home? How does the Florida Homestead Laws play into this analysis? What can I do if my credit card company records a judgment against my homestead property? In this week's episode, I describe the four (maybe five) creditors that can take your primary residence through foreclosure: (1) Property Tax Collector, (2) Mortgage Company, (3) Contractor who does work on the home, (4) the IRS, and (5) your homeowner or condo association. The authority for them to do this, or more accurately, the inability of other creditors from doing this - like credit cards, hospital bills, student loans, etc., is found in the Florida Constitution, Article X, Section 4, and Florida Statutes Chapter 222. I've been able to use a "Notice of Homestead" to eliminate unsecured liens against homes, but it is not a quick process. Therefore, you want to ensure that you file and record the Notice of Homestead far enough in advance of closing for it to eliminate the lien. Some of the links mentioned in today's episode: Florida Constitution, Article X, Section 4: https://www.flsenate.gov/Laws/Constitution#A10S04 Florida Statute, Section 222.01: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.01.html Florida Statute, Section 222.02: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.02.html Episode 15 - Florida's Homestead Exemption: https://traffic.libsyn.com/secure/yesnerlawpodcast/256517732-yesner_law_podcast-episode-15-florida-homestead-exemption.mp3 Episode 104 - Property Tax Portability: https://yesnerlawpodcast.libsyn.com/episode-104-property-tax-portability United States v. Craft, 535 U.S. 274 (2002): https://scholar.google.com/scholar_case?case=1796521700192014966&q=United+States+v.+Craft&hl=en&as_sdt=40006 The Notice of Homestead procedure is found in Section 222.01 and is fairly straight forward, but if you need help, please contact our office. Please also visit our sponsor Sam Cohen for an "apples to apples" comparison of malpractice insurance if you are or if you know an attorney or title company in Florida or Texas.  Sam@AttorneysFirst.com or www.AttorneysFirst.com.  If you have any further questions for me, please reach out at Shawn@YesnerLaw.com or www.YesnerLaw.com. 

Florida Insurance Commissioner David Altmaier told a legislative committee in late September that the state's property insurance market is in “critical condition” with a growing number of insurance companies losing money and consumers facing continued double-digit rate increases.  A new set of reforms designed to help is already being challenged in federal court by roofers and restoration companies.Former Florida Deputy Insurance Commissioner Lisa Miller sat down with Jose Pagan, a former fraud regulator who is now one of Florida's leading insurance defense lawyers, to discuss the legal challenges to the new reform law, the ongoing litigation abuse and unlawful activity in the marketplace, and how consumers are ultimately losing.Show NotesJose Pagan, Partner with the Walton, Lantaff, Schroeder & Carson Law Firm, said the issues in Florida's property insurance market today have their roots in the aftermath of 1992's Hurricane Andrew in Miami, where he and host Miller worked together as insurance regulators.  The mediation program for property insurance claims created after Andrew was such a success that the legislature made it standard protocol for handling all future claims.  “While those programs still exist to try to resolve cases pre-litigation, a cottage industry has developed of a very small segment of the legal community as well as some contractors and some public adjusters who are really abusing the system,” said Pagan, an insurance defense lawyer with more than 25 years' experience in the insurance industry, including as an insurance agent and fraud investigator.He cited Insurance Commissioner David Altmaier's report to the Florida Legislature earlier this year that Florida has 8% of all homeowners' claims in the U.S., yet 76% of all homeowners' claims lawsuits.  “And moreover, if you look at some of the information that was provided…. it's really only a handful of law firms that was generating a majority of all of those lawsuits,” he added.  “Those are the cost drivers that ultimately are generating the premium increases for all Floridians in this marketplace.”To stem the abuse and stabilize the marketplace, the Florida Legislature last spring passed Senate Bill 76 (SB 76, now Florida Statute section 489.147) its most recent property insurance reform law.  Yet just two weeks after Governor Ron DeSantis signed the bill into law in June, the first of two lawsuits was filed in federal court in Tallahassee by a roofing and restoration company, complaining that the section of the law dealing with prohibited advertisements and soliciting infringes on its constitutional right of free speech.  The section establishes that contractors and public adjusters, or unlicensed persons acting on their behalf, may not solicit or incentivize a residential property owner to file a roof damage insurance claim.  Violations carry a fine up to $10,000.Chief U.S. District Court Judge Mark Walker granted a preliminary injunction on the section in July, pending full trial scheduled for spring of 2022.  “Clearly, Judge Walker indicated that there was a significant government interest in attempting to address fraud and abuse in litigation…(but) his assessment, at least on the preliminary injunction side of it, looked at it in terms of commercial speech…and he was able to reach the conclusion that it was an infringement upon commercial speech,” said Pagan, who outlined the series of court tests the judge used.  “It's pretty clear to me that the legislature was trying to just stop some of the high pressure sales tactics by solicitors knocking on front doors that we see every day, read about on social media, and experience in our own neighborhoods,” said host Miller.Miller and Pagan also discussed a second lawsuit, filed by the Restoration Association of Florida in the same federal court.  It seeks to throw-out the entire law, which includes a series of provisions, including broadening the longstanding one-way attorney fee statute formula where fees are now awarded instead based on a percentage of recovery of the disputed amount of the claim.  The suit claims the law impinges on protected free-speech rights, interferes with contract law and commerce, and due process.“There is nothing in the legislation that hasn't been the case for decades…whether it is regulating the contracting industry under Chapter 428, or the insurance industry under Chapter 626,” said Pagan.  “Dating back as far as in the early 90s, during Hurricane Andrew and thereafter, the law was very well defined, and everyone knew or understood that you could act as a contractor, you could act as a public adjuster.  But unless you were licensed in both, you could not act as both a contractor and a public adjuster.”  He said that “some of those lines became a little blurred” and “there have been so many different actions either taken by the courts or not taken by the regulating entities that have allowed questions to arise,” that the legislature needed to provide clarification through SB 76.Another provision in the new law focuses on presuit settlements.  It requires that insurance companies receive a ten-day notice and demand before a lawsuit is filed by first-parties, such as homeowners or commercial building owners.  And it gives carriers 10 days to respond in writing to such notices.  The idea is to settle claims before they become lawsuits.  Host Miller asked Pagan how that part of the law is working so far, especially given conflicting opinions in the market to which cases that applies. “Most of the attorneys and the carriers are certainly utilizing the Notice of Intent provision, in an effort to try to get to a quick resolution, rather than having to litigate these cases to the nth degree.  That is, I think, most beneficial for not only the policyholders, but all of the other stakeholders as well,” Pagan said.  Those cases that are unresolved are usually because of a communication breakdown and benefit from having another person from the insurance company review the claim, he said.The stakes are high for the future health of Florida's property insurance market.  “The problem that we face is affordability,” Pagan said.  “Because of the small amount of participants who are abusing the system and are creating such high premium increases, affordability becomes huge.  And that's especially acute for senior citizens who are living on a fixed income.  So when we are talking about double digit premium increases year over year, that means that in a very short amount of time, we're doubling, sometimes tripling the premiums for your home.”Host Miller noted that the Florida Legislature is now in the middle of committee weeks, leading to the start of the regular session in January 2022.  Further insurance reform is already being discussed.  “I believe that SB 76' purpose was to restore, rebalance, and revitalize, if you will, the insurance industry for all of its policyholders, to stop these premium increases, and protect consumers from what appears to be out of control litigation, solicitations, and high pressure sales,” said Miller.  She urged listeners to contact their state representative and state Senator and share their story, whether as a consumer or someone working in the industry. Links and Resources Mentioned in this EpisodeFlorida Insurance Market “Dire”(LMA Newsletter, October 4, 2021) Florida Senate bill SB 76 (the solicitation section is in lines 117-180; the presuit settlement section is in lines 1138-1173)Major Provisions of SB 76 Gale Force Roofing and Restoration, LLC v. Julie Brown, Florida Department of Business and Professional Regulation (first lawsuit)Restoration Association of Florida, et al v. Julie Brown, Florida Department of Business and Professional Regulation(second lawsuit)DFS Property Insurance Intent to Initiate Litigation portal Walton, Lantaff, Schroeder & Carson law firm Roofers Block Part of SB 76 For Now (LMA Newsletter, July 12, 2021)Second Challenge to Insurance Reform Law (LMA Newsletter, September 20, 2021)Florida one-way attorney fee statuteProperty Insurance Reform (The Florida Insurance Roundup podcast, May 23, 2021)Defense Attorneys' Take on SB 76 (The Florida Insurance Roundup podcast, June 23, 2021)Condo Underwriting & Presuit Settlements (The Florida Insurance Roundup podcast, August 30, 2021)Assignment of Benefits & Insurance Litigation Webpage (Lisa Miller & Associates) ** The Listener Call-In Line for your recorded questions and comments to air in future episodes is 850-388-8002 or you may send email to LisaMiller@LisaMillerAssociates.com **The Florida Insurance Roundup from Lisa Miller & Associates, brings you the latest developments in Property & Casualty, Healthcare, Workers' Compensation, and Surplus Lines insurance from around the Sunshine State.  Based in the state capital of Tallahassee, Lisa Miller & Associates provides its clients with focused, intelligent, and cost conscious solutions to their business development, government consulting, and public relations needs.  On the web at www.LisaMillerAssociates.com or call 850-222-1041.  Your questions, comments, and suggestions are welcome!  Date of Recording 10/11/2021. Email via info@LisaMillerAssociates.com   Composer: www.TeleDirections.com  © Copyright 2017-2021 Lisa Miller & Associates, All Rights Reserved

This week Marc and Cassie discuss the horrendous murders of mother Kenyatta Barron and her daughter, Ron'Niveya Oneal. Following a fight over religion, Ronnie Oneal III brutally attacked his family and then set their home on fire. Fair warning, this is a rough one, and Cassie frequently cries through the entire retelling. Source Materials: https://www.wfla.com/news/hillsborough-county/ronnie-oneal-sentenced-to-3-life-terms-plus-60-years-for-brutal-murders-of-girlfriend-daughter/ https://www.wkbn.com/news/national-world/i-am-safe-i-am-loved-detective-adopts-boy-who-was-stabbed-set-on-fire-by-father/ https://www.wtsp.com/article/news/crime/ronnie-oneal-trial-son-testimony/67-52044364-11d8-4057-b38a-1903f4bd3f94 https://www.courttv.com/news/ronnie-oneal-iii-found-guilty-of-murdering-his-girlfriend-9-year-old-daughter-in-2018/ Child Fatality Summary: Ron'Niveya O'Neal https://www.wfla.com/news/hillsborough-county/newly-released-evidence-sheds-light-on-slaying-of-riverview-family/1611993111/ https://www.wfla.com/news/hillsborough-county/riverview-double-murder-trial-first-responders-who-found-young-victims-at-scene-give-emotional-testimony/ Order Denying Defendant's Amended Motion to Dismiss Count One of the Indictment Based Upon Statutory Immunity Pursuant to Florida Statute 776.032

What is a Class 1, 2, or 3 e-bike? The bike industry and some states basically agree on the way to classify different types of ebikes. But many differ in which class of bikes are allowed and where, so it is important to know the differences. The following are links from a few of the sources we found regarding e-bike classifications. As always, this is not legal advice, and you should do your own research to make sure you're complying with the current laws in your locale. National Conference of State Legislatures (NCSL) (https://www.ncsl.org/research/transportation/state-electric-bicycle-laws-a-legislative-primer.aspx) Order number 3376 from the U.S. Department of the Interior (https://www.doi.gov/sites/doi.gov/files/elips/documents/so_3376_-_increasing_recreational_opportunities_through_the_use_of_electric_bikes_-508_0.pdf) People for Bikes (https://www.peopleforbikes.org/electric-bikes/policies-and-laws) Aventon (https://www.aventon.com/blogs/aventon_bikes/difference-between-a-class-123-ebike) Bosch (https://www.bosch-ebike.com/us/everything-about-the-ebike/stories/three-class-ebike-system) Juiced Bikes (https://www.juicedbikes.com/pages/e-bike-classifications) Himiway (https://himiwaybike.com/blogs/news/everything-you-should-know-about-e-bike-classifications) RadPowerBikes (https://www.radpowerbikes.com/blogs/the-scenic-route/class-1-vs-class-2-vs-class-3-ebikes) Trek (https://www.trekbikes.com/us/en_US/emtb-regulations/) Also, this is the newly-created Florida Statute referenced in the episode. * § 316.20655, Fla. Stat. (2021) (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.20655.html) Your hosts are Duane & Jared, two e-bike enthusiasts from the Tampa Bay Area in Florida. Electric Bike Radio focuses on issues related to e-bikes and the e-bike lifestyle. Contact us on Facebook (https://www.facebook.com/ElectricBikeRadio), Twitter (https://twitter.com/EBikeRadio), or at EBikeRadio@gmail.com.

From the Zappitell Law Firm is partner David J. Zappitell, who is Board Certified by the Florida Bar in the area of Civil Trial Litigation, thus he is a specialist in his area of practice. Mr. Zappitell is a member of the Florida Bar, U.S. District Court (Southern and Middle Districts of Florida) Auto Accidents in Florida are a leading cause of death # 5 before the Pandemic and uninsured drivers, more than one in five Florida drivers are on the roads without insurance, according to a new study by the Insurance Research Council. Florida was the sixth-worst state in the nation for uninsured motorists with a rate of 20.4% driving unprotected. Mississippi was first with a rate of 29.4%. New Jersey had the fewest uninsured drivers at 3.1%. one of the laws below will affect us here in Florida and could kill us or a loved one, like texting and driving. Careless drivers (Florida Statute 316.1925) Aggressive and reckless drivers (Florida Statute 316.192) Drivers who exceed the posted speed limit (Florida Statutes 316.183, 316.187, 316.189 ) Drivers who improperly or unsafely change lanes (Florida Statute 316.085) Drivers who fail to yield the right-of-way (Florida Statutes 316.079, 316.0815, 316.123) Drivers who unsafely pass other cars (Florida Statutes 316.083, 316.084, 316.084) Drivers who is following too closely behind other cars (Florida Statute 316.0895(1)) Drivers who violate traffic signals and lights (Florida Statutes 316.074 and 316.075) Drivers who practice incorrect turns (Florida Statute 316.151) Drivers who fail to yield properly (Florida Statutes 316.122, 316.123 (1), 316.125, 316.006, 316.125(2), 316.121, 316.0815, 316.079 ) Drivers who ignore stop signs (Florida Statute 316.123) Drivers who improperly lookout when changing lanes, passing other vehicles, or changing course (Florida Statute 316.085) --- Support this podcast: https://anchor.fm/philip-bell/support

Emergency Action Planning is a critical plan in-place before an accident, injury or incident occurs. No matter what the venue or sports event, there needs to be a plan in place to help coordinate personnel and respond quickly to save lives. We talk with Dr. Bradly Elias, Medical Director of the Jacksonville Fire and Rescue Department (JFRD) and Jerry Stevens, Coordinator of Athletic Training for the Duval County Public  Schools (DCPS).Today's Show Notes:Presence of AED & trained CPR individual at athletic practices and contest(s) It is now required per Florida Statute [s. 1006.164 F.S.] that an automated external defibrillator (AED) be present and available for use if needed at the site of every workout, practice, preseason, regular-season and post-season interscholastic contest in which member high schools/combination schools participate. Also, beginning June 1, 2021, a school employee or volunteer with current training in cardiopulmonary resuscitation (CPR) and use of a defibrillator must be present at each athletic event during and outside of the school year, including practices, workouts and conditioning sessions. All employees or volunteers who may be reasonably expected to use a defibrillator must complete training in cardiopulmonary resuscitation or a basic first aid course that includes cardiopulmonary resuscitation training Sample Venue-Specific Emergency Protocol are available in the following position statement(s)National Athletic Trainers Association Position Statement: Emergency Planning in Athletics; Journal of Athletic Training 2002;37(1)99-104; www.journalofathletictraining.orgNational Athletic Trainers Association Position Statement: Preventing Sudden Death in Sports; Journal of Athletic training 2012:47(1):96-118 www.nata.jat Consensus Statement: The Inter-association Task Force for Preventing Sudden Death in Secondary School Athletics Programs: Best Practices Recommendations; Journal of Athletic training; 2013;48(4):546-553; doi: 10.4085/1062-6050-48.4.12; www.natajournals.orgNational Athletic Trainers Association Communications: Sport Safety Policy Changes: Saving Lives and Protecting Athletes; Journal of Athletic Training, 2016;51(4); 358-360; doi:10.4085/1062-6050-51.4.14; www.natajournals.orgKory Stringer Institute at https://ksi.uconn.edu/#

Board Certified Civil Trial Lawyer Jeff Adelman discusses a recent call he received to review a medical malpractice case. He discusses why before he even got into all of the details, he determined that nobody had standing to actually bring the lawsuit for the 70 year old victim and why. Florida Statute 768.18 (2)'s definition of "survivorship" standing is truly one of the most unfair laws on the books in Florida. Listen to learn why. As always, if you have any questions, call or email Jeff directly at 561-417-5656 or jeff@lawbni.com

In this episode we join Rayne McGreevy, CAM who is with Stroemer and Company, LLC as a Director and CIRA Co-Practice Leader. In this episode Rayne reviews the Florida Statute requirements related to reserves and highlights what Boards and CAMs should not do when working with reserve funds.Episode Notes:Host & Producer: Kevin S. Konecny, CAMEmail: Kevin@EducationPathways.bizWeb: http://www.educationpathways.bizGuest: Rayne M. McGreevy, CAMDirector, CIRA Co-Practice LeaderPhone : 239-433-1002Email: RayneM@stroemercpa.comWeb: http://www.stroemercpa.com

#Attorneythatrides #FloridaLawyershowto #proserepresentation Gabe's Florida Attorneys' Guide: A Hack To Liability Insurance Disclosure mandated by law. Sometimes lawyers find them selves being tested by the insurance company their client has a claim against. The Adjuster plays 3-card Monty with the wrong-doer's policy limits and delays disclosure. What is a young attorney to do or a person representing them selves in the Personal Injury process. I have been in this situation a few times a year. On average, adjusters are serious and professional when working their claims. I have worked with some highly ethical adjusters in my 15-years practice. Every once in a while you get a slippery one that wants to impress the boss and that adjuster takes short cuts that stalls your case. In this video I will explain what i learned works and explain in my words what the Florida Statute and Case Law have to say about disclosing insurance policies when requested in writing by a claimant in an injury case. I am not like your normal attorneys because I try to have fun in my videos but remember that all cases are different. Whether you hire me or someone else always consult with an attorney first. 95% of the time the first consultation is FREE! https://youtu.be/JRyheB1s1D0

One thing you may not have known about pulling your own permits is that if you pull it in your own name, you can not sell your property for 1 year after the permit is closed out. Florida Statute: http://www.irccdd.com/Applications/Owner_Builder_Affidavit/Owner_Builder_Affidavit.pdf

Talking to a Florida real-estate attorney, Erin Quinn Good thing about licensing requirement in Georgia “Security deed” and “mortgage” is not interchangeable in Georgia Smaller investors are much more attentive, involved in their files Differences working in Georgia and Florida Total process in Georgia from demand letter to sale Time frames in Florida Statute of limitations in Florida Bartram case sets the rule that each payment is a different default Florida's foreclosure rates now Market crash is gonna happen although not as big The major cities in Florida was in zombie development

Do you have an obligation to tell Police when you are pulled over for a basic traffic stop that you have a firearm on your person or in the car?  This is for a traffic stop for a motor vehicle violation only.To be clear, Florida Statute 790.06 - “License to carry concealed weapon or firearm” states that an individual has no “duty to inform” a law enforcement officer that they are carrying a concealed weapon or firearm (some states do, however). Here is one from Cape Coral PD: https://www.capecops.com/blog/2017/2/10/ask-ccpd-5-concealed-carry-traffic-stops No driver in Florida has a duty to tell police when they are armed No one is required or obligated say that they have a firearm. Some officers will still ask about weapons in the car; you still aren't required to disclose that.  If you do disclose that you have a firearm they will most likely  just tell you as long as it stays in place everything is good.  However, some may ask to remove the weapon from the car for the duration of stop.  This is a simple request…….It is NOT a lawful order, only a request. You CAN refuse, unless the officer has an articulable reason to disarm you against your will Tim Harvey https://tharveylaw.com(941) 552-7884

The personal loans Marion Hammer took out on her nonprofit, Unified Sportsmen of Florida, are drawing national attention(via Bulldog, CNN, and TampaBay)“The most recent loan in 2017, for $200,000, was given to Hammer – who earns $110,000-a-year as the group’s executive director – so she could “refinance and purchase” real estate, according to Unified Sportsmen’s regulatory filings.Florida Statute 617.0833 prohibits not-for-profit corporations like Unified Sportsmen from loaning money to their directors or officers. “A loan made in violation of this section is a violation of the duty to the corporation of the directors or officers authorizing it or participating in it,” the law says. The loans of charitable assets were approved by the group’s board of directors.”DISSIDENT DONOR SLAMS NRA & MARION HAMMER WITH BYLAW CITATIONS RELATED TO POSSIBLE CORRUPTION ISSUES - Savethe2a.orgNRA Bylaws Article 5 Section 5 (A)NEW ILA GENERAL COUNSEL BRINGS MORE BAGGAGE AND NO SPECIFIC EXPERIENCE TO THE JOB… (via savethe2a and Ammoland)1. Callender has no apparent experience in politics or policy issues, nor does he have any ties to the Firearms Industry.2. Callender comes to the already troubled NRA while he is embroiled in a public legal dispute with his former employer that involves allegations of financial malfeasance and corporate irresponsibility.3. Callender comes from an industry that the Wayne LaPierre and others in the community have frequently attacked over the past decade, specifically from a company that produced “violent video games”.Lockton Affinity to Pay $1M for Administering Carry Guard Insurance in New Jersey  InsuranceJournal.com “An investigation by the department found that Kansas-based Lockton Affinity violated various state laws and regulations in administering the Carry Guard insurance program in New Jersey on behalf of the NRA.”Call to ActionNRA Board of Directors MeetingWho can attend? Article 3 Section 6 (D) “All members shall have the privilege to attend and be heard at all official meetings of the members, and shall have the right to attend all meetings of the Board of Directors, Executive Committee, and standing and special committees of the Association, except during executive sessions thereof.”Where is it? Hilton IAD 13869 PARK CENTER ROAD, HERNDON, VIRGINIA, 20171, USAWhen is it? 7:30amExecutive Session - Executive sessions are generally closed discussions of a board of directors that may include invited attendees such as an executive director or certain staff members. These sessions can occur at the end of a board meeting or separate from a board meeting if no formal actions are to be taken.Entering Executive session requires a motion and a majority voteCommittee Meetings - Article 11 Section one, Standing Committees - 37 standing committees. Legal Affairs was to meet on Tues at 4:00pm in ANCFinance Committee was to meet on Thursday at 9:00amDirectors removed from committee assignments (Duane Liptak and more)  

We have a special guest host on today’s episode of the Crushing Debt Podcast, but don’t let the cuteness distract you from the content of the episode. Today’s episode is a discussion of Florida Statute 501.1377 - Violations involving homeowners during the course of residential foreclosure proceedings. The statute defines: Equity Purchaser Foreclosure-Rescue Consultant Foreclosure-Related Rescue Services Foreclosure-Rescue Transactions The statute then defines the requirements of helping someone in foreclosure, or who could be in foreclosure, and the penalties for violation of the statute. Although there are some exclusions from the law, if you work with people in foreclosure, you need to be aware of the requirements of the statute. If you have questions, please contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com. 

Florida Marchman Act Attorney Alan Levine who is the founder of Addiction Recovery Legal Services, LLC, a boutique private Florida law firm that only concentrates on helping families struggling substance abuse using the law. The Marchman Act Specific to Florida, Florida Statute 397, also known as the “Marchman Act,” is a legislative act that provides confidential, a court ordered, assessment, stabilization, and treatment for individuals struggling with substance abuse. How the Marchman Act Works The Florida Marchman Act is a legal intervention process that can compel a substance abuser to get court ordered and monitored Assessment, Stabilization and long-term Treatment for their drug or alcohol addiction. The process begins by filing a Petition and Request for Assessment and Stabilization. The Petition and Request for Assessment and Stabilization, as well as other necessary forms, for those seeking to handle the court process without an attorney, can be found in the DCF Marchman Act Handbook. Also, the clerk of the court in the county where the petitioner seeks to file typically has the most current updated forms. When seeking help for a loved one in a court of law, an experienced attorney with a complete understanding of the Florida Marchman Act statute as well as the Florida Rules of Civil Procedure can and will increase your success in obtaining an assessment, stabilization, and treatment for your loved one. --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app Support this podcast: https://anchor.fm/philip-bell/support

Gaming Law in Florida can encompass both regulated and unregulated gaming facilities. Regulated facilities include pari-mutuels (horse racing, Jai alai, and, until recently, dog racing). Pari-mutuel facilities in Miami-Dade County and Broward County can operate slot machines and card rooms, under the support of the Florida Department of Business and Professional Regulation (FDBPR). The Indians’ facilities are not regulated but are constrained by a “compact” between the state of Florida and the tribes. All Indian facilities are locally owned by the Indians under Federal Law, and, as such, are not subject to state laws, other than those they choose to follow. Under federal law, the Indians can offer gaming otherwise legal in the state. For example, state law allows pari-mutuels to operate slot machines. Likewise, charitable bingo is authorized by the Florida Statute, though it is lawful for the Indians to offer bingo. Unregulated gaming facilities are sometimes described as “grey-area gaming”, meaning that these unregulated facilities operate in a grey area as for the legality of their operations. The law has worked to the point, now that it has been made clear by the Florida Legislative, what type of “amusements” are permissible. Prior to 2013, Florida had an “arcade amusement” law, which had been enacted in 1984 to allow for amusement centers like Chuck E Cheese and Dave and Busters (CHECK OUT THIS ARTICLE!). These facilities operate games where a player can collect points on a ticket, which can be exchanged for merchandise. Prior to 2013, the requirement was that the machines had to be subject to an application of skill. Redemption was limited to 75 cents on any game played, and redemption had to be with merchandise, not cash. The “grey area” term reflected the various interpretations by law enforcement officials and the courts. The language was definitely open to interpretation. Because the properties, vending companies, and gaming software manufacturers had great imaginations, new forms of “grey area” gaming cropped up. The most noteworthy form was the sweepstakes concept. This business operated as an internet café, terminology typically used for a place of business where people can purchase internet time along with refreshments. However, the new internet café concept was one where a person could purchase internet time and receive sweepstakes entries based on the amount of his or her internet time purchase. The sweepstakes entries could then be opened by playing slot-like games. The fact that somebody could determine the result of sweepstakes entries, whereas use of the slot-like games was the trick which was used to claim that the activity fell within the purview of Florida Games Promotion Statute, which allowed sweepstakes in connection with sale of consumer products and services. As usual, however, the concept was expanded to the point where these internet cafes were considered mini casinos. In 2013, an organization called Allied Veterans owned at least 60 sweepstakes rooms across the state. The organization, its officers, and its attorney were charged with crimes ranging from possession of illegal game machines to operating a gambling house to conspiracy to violate Florida Gambling Crimes Chapter. Because of these allegations, the Florida Legislative overhauled Florida’s amusement games laws by outlawing sweepstakes and moving the arcade amusement laws out of the Gambling Crimes Chapter. They created the Florida Family Amusement Law, which defines amusement devices, provides the rules for redemption, and classifies different types of machines, which may be used lawfully. Despite this new legislation in 2015, Sweepstakes, arcades, and other forms of grey area gambling have remained.

I have been in this industry, in one capacity or another, since 1992.  I remember that Florida Statute 718 was virtually re-written around that time.  It was then that the manner in which condominium elections are held was changed to they system we use today.  I recall that when the change came forth, the new regulations were so rigorous that it was frustrating.  However, like anything else, once you get used it, you can’t imagine how life was before it came along.  In 1992, the number of condominium associations in the State of Florida was growing at a fast pace.  Most of the new construction was either a condominium or planned unit development.  As the number of condominium associations increased, so did the need for regulation.  Since then there have been several changes to 718.  In some years, the changes were minor; in other years, such as this year, there were sweeping changes that have had a tremendous impact on our industry.  This year, House Bill 1237 signed by Governor Rick Scott, is bringing forth more strict guidelines for Board members and CAMs.  To help us break those new guidelines down, we invited Maria V. Arias, Esq. of Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars, & Sobel, PA to join us in this week’s podcast of Community Association Matters.   We begin by discussing a new section added to the Florida Statutes, section 718.71, which now requires associations to provide the Department of Business and Professional Regulation (DBPR) with a list of the names of all financial institutions in which each association maintains bank accounts.  A member in the association can request a copy of this list from the DBPR. The bill, however, mostly made changes to section FS 718.111.  One of the first changes is that the Statute now clarifies what a kickback is and that the guilty party can face criminal charges in addition to civil penalties.  Per Maria, “the emphasis of this bill…has to do with making it clear to directors, officers, vendors, in relation to the association, including the management companies…that you will be exposed to potential civil as well as criminal penalties” if you do not follow the law. These changes are in response to the recent reports of election fraud and other abuses.  The Florida Legislature felt that it needed to add specific language in FS 718 to clarify that certain acts are criminal.  For example, FS 718.111 now includes language referencing other sections in the Florida Statutes that state that forgery is punishable as a felony.  It specifically includes language that forgery of a ballot envelope or voting certificate constitutes as forgery and it is a felony in the third degree that carries a 5-year prison term and/or a $5,000 fine.  Theft or embezzlement of association funds has always been a crime but again, section 718.111, now specifically has language to emphasize this point; and adds that it is punishable depending on the amounts stolen.   The Statute now makes it a criminal offense to destroy or refuse to allow the inspection of an official record of the condominium association.  Refusing an owner his right to inspect the official records within the period required by law can also be punishable as a third degree felony.  Maria states that she feels these changes are “intended to place some controls and to let people know that it is serious business; if you want to govern, you are going to have to do it correctly.  And if you don’t do it [correctly] or if you do it [incorrectly then it] leads to criminal charges.”  In this regard, Maria highly recommends that associations consult their attorney for establishing a policy in dealing with records requests. The Statute also added new requirements as it relates to a Board member’s eligibility to serve on the Board.  It now states that an officer or director charged with a crime referenced in the changes specifically stated in the Statute, presumably related to theft, embezzlement, forgery, destruction of documents, etc., must be removed as a Board member and the vacancy must be filed by electing a new board member, unless the association’s governing documents state otherwise.  According to Maria, most condominium By-Laws require that vacancies be filled by appointment to be done by the remaining directors.    If there is a criminal charge pending against the officer or director, he or she may not be appointed or elected to a position on the board.   If the charges are resolved without an adjudication of guilt, then that individual must be reinstated for the remainder of his/her term.  There are several ambiguities with this section of the law.  Maria recommends that condominium associations discuss this provision with their attorney to prepare specific guidelines as to how to implement this at the next Annual and Election Meeting.    She adds that she feels that these changes are intended to ensure that individuals who serve on a Board of Director or who are thinking of joining a board understand that they must perform their duties correctly and consult their attorney if there is a doubt. The Statute further prohibits an association from hiring an attorney who represents the management company of that association in question.  In addition, it prohibits a board member, manager, or management company from purchasing a unit in foreclosure sale resulting from an association’s foreclosure of its lien.  It also prohibits these parties from taking title by deed in lieu of foreclosure.  Official records now also include bids an association receives for materials, equipment, or services.  Furthermore, renters of a unit are now allowed to inspect and copy the association’s bylaws and rules. One of the biggest changes from HB 1237 is the requirement that condominium associations that have more than 150 units (excluding time-share units) are now required to have a website by July 1, 2018.  The website must independent and wholly owned and operated by the association; or the website must be operated by a third-party provider.  The association’s website must have the following documents posted: The recorded declaration and bylaws, the Articles of Incorporation, and any amendments; Rules of the association; Management agreements, leases, contracts, and bids; Annual budget and proposed budgets to be considered; Financial report and any proposed financial report to be considered; Director certifications; Contracts or documents regarding conflicts of interest or possible conflicts of interest between an association and is directors; Unit owner meeting notices and agendas (these must be posted at least 14 days in advance of the meeting, in plain view on the front page of the website, or on a separate subpage labeled “notices” which is conspicuously visible and lined on the front page); Documents to be considered and voted on during owners’ meetings and documents listed on the agenda (must be posted at least seven (7) days before the meeting at which the document or information within the document will be considered); Board meeting notices, agendas, and materials must be posted in accordance with FS 718.112, which is typically 48 hours in advance of the meeting; The website must also only be available to owners and employees of the association and cannot be available to the general public.  The association must provide an owner with a user name or password to access the private section of the association’s website.  Maria has a specific concern as it relates to the posting requirements on the website related to members’ meetings and agendas.  In particular, if an association meets all of the mailing requirements under the statute related to special meetings and board meetings but fails to upload the notice on the website as required, is that association not in compliance and required to properly post on the website?  This question cannot be answered now.  She hopes that the Legislature will take corrective action and clarify this point. The Statute now requires condominium associations with 50 units or less to prepare a report of cash receipts and expenditure.  Lastly, an association, its officer, director, employee, or agent cannot use a debit card issued in the name of the association or billed directly to the association for association expenses.  There are many more changes that will be discussed in the next podcast of Community Association Manners.

    It’s that time of year again!  Yes budget season.  It’s time to begin reviewing the financial reports and begin calculating costs for next year’s projects.  Condominium and homeowner associations are governed by many regulations; budget reporting is one of them.  It is important that the Board of Directors of your condominium or homeowner association understand the various elements that make up your community’s budget.  To get an expert’s point of view, in this week’s podcast of Community Association Matters, we invited Pierre Vilme, CPA of Gerstle, Rosen, & Goldenberg, PA.    Lets start with the basics.  Budgets should be prepared by someone familiar with financial reporting.  To ensure that your budget is based on actual figures you should start by pulling the most current financial report.  Pierre recommends that associations review their August or September financial report, which will give them 8 to 9 months worth of financial information.  Budgets must be prepared annually and before the end of the calendar or fiscal year.  Pierre stated that he has seen situations where associations do not approve a budget before the end of the calendar or fiscal year and carry over the current budget into the next year.  They then hold their budget meeting a few months later, this does not meet the requirement set by Florida Statutes.  The budget should be finalized two months before the start of the next fiscal year.  Pierre informs us that one way for associations to save time when preparing their budget is to write a description next to each line item and highlight the reasons for a variance.     All association financials should be prepared on an accrual basis.  If an association prepares their financials on a cash basis, they must make the necessary adjustments to the reports before the end of the fiscal year and ensure that it is on an accrual basis.  Although preparing financials on a cash basis is very common for many businesses, because associations have a receivables component, the financials must be prepared on an accrual basis.  The association’s receivables and bad debt are a very important consideration in preparing the budget.  In order to establish bad debt, Pierre states that Board members should be familiar and consider the association’s business environment.  For example, if owners normally pay within 30 to 45 days of being delinquent, those receivables should not be considered into the bad debt equation.  However, those owners that are seriously past due for a year or more, should be considered.   Because the financial statements are on an accrual basis and in order to ensure that you have reasonably accurate financial statements you must include bad debt to account for those owners that are not paying.     During the real estate crash in 2007-2010 many associations acquired title to some of the units.  Because the mortgagee’s foreclosure was pending, the associations often times rented those units.  Pierre recommends that associations check with their attorney as to the best way to apply that rental income, but he suggests that it be applied to the owner’s ledger.  If the account is brought current said rental income minus that unit’s monthly assessment fee should be reported as rental income and should be reflected on the budget accordingly.  Pierre notes that associations should also consider ancillary income, such as laundry income or valet income.  Especially in a scenario where an association is allowing a laundry company to lease their laundry rooms; that laundry income is subject to sales tax.  The same applies to valet income where the association is renting out parking spaces that are not assigned in the governing documents to an individual owner.  Sales tax reports should be filed with the State of Florida on a monthly basis.    Florida Statute 718 no longer requires associations to perform a reserve study.  The legislators are putting the burden on the board of directors and their fiduciary responsibility to being savvy as to the association’s finances.  However, Pierre recommends that associations perform a reserve study every 2-3 years.  Condominiums are required to have roof, paint, and paving reserves plus any other components stipulated in the governing documents.   In a reserve study an engineer will inspect the building components, such as the roof, concrete, and paint then plug in that information into a software that will allow them to determine the cost to replace that component and its remaining life.  There are two (2) methods in which to fund reserves.  One is the straight line method and the other is the pooling method.  In the straight line method you identify the component of each replacement item.  The pool method still requires the association to know the cost of the replacement item but associations are allowed to pool the funds and are not required to break it down by component.  However, there is no longer a benefit to choosing one method over the other.  In both methods, associations are required to disclose how the funds were disbursed.  For more information on how Gerstle, Rosen, & Goldenberg, CPA can help your firm you may visit their webpage www.grgcpa.com or call Pierre Vilme at 305-937-0116.  For additional information on how Allied Property Group can help manage your association please call 305-232-1579.     

Brad Post: We are speaking to Tampa Drug Crimes Defense Lawyer Mike Kenny with the Bauer, Crider, and Parry Law Firm, and you’re listening to the FloridaDefense.com Podcast. Mike, how are you? Mike Kenny: I’m doing well. How are you? BP: I’m doing great. Let’s kind of dive into it today. We’re going to be talking about mainly drug crimes and an overview of drug crimes, so where would be a good place to start? MK: Well, I guess talking about the categories of drug crimes. In the state of Florida, you have essentially three different areas where you get a drug crime. And obviously there are subcategories, but the three different areas are misdemeanor possessions, felony possessions, and then there’s trafficking possessions, a felony possession that comes with a much more enhanced level—it’s a first-degree felony punishable by up to 30 years in prison. Any trafficking charge has a specific minimum mandatory prison sentence, meaning the judge has no discretion but to give you the minimum amount of time in the Department of Corrections, and it’s a day-for-day sentence, meaning 28 grams of cocaine is a three-year minimum mandatory prison sentence. So if you were found guilty, and the judge were to sentence you, he’d give you no less than three years in prison and you’d have to serve 100% of that three years. There would be no parole or probation or anything like that to get out earlier. You’d serve 100% of three years. BP: So on a trafficking offense, there’s subcategories, it depends on the amount of drugs you have. MK: Correct, it goes by the weight. A lot of people don’t realize that it goes by the actual weight of the substance tested or any mixture thereof. So, what gets people into trouble are pills. These pills obviously are pills like oxycodone and OxyContin, and all you need is four grams to have a three-year minimum trafficking charge. The problem with it is, it’s not four grams of the actual ingredient—the oxycodone—but it’s a mixture, and those pills are pretty heavy. So a very small quantity of pills in a pill bottle, if you don’t have a prescription, is going to qualify you for a trafficking charge. And trafficking in Florida is unique; it doesn’t just go after people who sell drugs or transport drugs into the state. Just the mere fact that you possessed an item that weighed a certain amount could give you a trafficking charge. I’ve always had a problem with this because, you know, I’m not the first person to say it, but we can probably all remember a time when we’ve read somewhere in the news that there’s a pill epidemic. Young kids, especially because of the free and easy access of these pills, become addicted. And you have people who are addicts, who are not out selling it, not out harming anyone but themselves, find themselves getting arrested with a small quantity of pills in their pocket, and they’re looking at going to prison anywhere from three years to the rest of their lives. So that’s a problem that people run into when we’re talking about prescription pills especially. BP: And it’s based on weight, so I guess with different drugs—marijuana, cocaine, oxy—there are certain parameters around each one on the weight? MK: Right. And the statute—it’s Florida Statute 893.135—has a schedule for what the amount is for each drug. For instance, cocaine is 28 grams, oxycodone is four grams. Those are the minimum amounts for a trafficking charge, and it will vary from drug to drug. The unique this is, I mentioned some drug possessions are misdemeanors. Marijuana is the only drug that under 20 grams is considered a misdemeanor. So if you have 19 grams or 19.9 grams or less, that would be a misdemeanor of the first degree, punishable by up to a year in jail or maybe a year of probation. Anything 20 grams or over is a felony, so that would be a felony possession, which is a third-degree felony in the state of Florida, punishable by up to five years in prison or five years of probation. BP: So you would recommend for any of these categories, not just felony or trafficking, to hire a criminal defense attorney—even for a misdemeanor, correct? MK: Oh, absolutely. People don’t realize that walking into court completely unarmed and just entering a charge—that moment in time can have an impact on the rest of your life. And a lot of people tend to be fast and loose with things. They say, “Alright. We’ll just see what happens.” Well there’s nothing you can really do three years down the line, when entering a plea to a charge somehow precludes you from getting that job that you really wanted. One of the unique things about the state of Florida, as well, is that they’re pretty fierce when it comes to drug prosecution. They have a lot of drug ports, and they try to help people, but they punish drug possession with a one-year driver’s license suspension. So if a person were to walk in, and they were adjudicated guilty of even a misdemeanor possession of marijuana, they’d have the potential to lose their license for up to one year. And that, for a lot of people (especially in this state), could be very problematic with regard to employment, school, or anything of that nature. BP: Well, that’s kind of an overview of the three areas of drug crimes—misdemeanor, felony, and trafficking, and our next few podcasts, let’s get kind of into specifics: marijuana, cocaine, and other drugs. Anything else, Mike, on an overview of these crimes? MK: No, that will be it. The one last thing is there is another misdemeanor possession charge that’s not marijuana. We’ve heard the term “controlled substances”—these are categories of drugs that are considered controlled by their propensity for addiction or things like this. There are drugs that are not listed in the statute, usually drugs your doctor gives a prescription for that haven’t been designated as controlled substances. All of those drugs are considered “legend” drugs. So that would be like an Ambien—something that’s a sleep aid—Viagra, something like that. If someone is caught with something like that, it wouldn’t be a felony, but because they don’t have a prescription, it’s still illegal, and that would be a misdemeanor. It’s called possession of a legend drug. BP: Okay, as long as the amount is below the weight—or is that even an issue? MK: No, weight doesn’t even come up. It just falls into a category where they haven’t listed it as a controlled substance, but you still need a prescription to obtain it, and because you need a prescription, if you have it without a prescription, it’s still a problem. BP: You’ve been listening to the FloridaDefense.com Podcast with Attorney Mike Kenny of the Bauer, Crider, and Parry Law Firm.