2020

Couple looking at lease
Real Estate Law
Eric Gros-Dubois

Florida’s Eviction Moratorium has Expired. Now What?

In March, due to the coronavirus pandemic and the economic disadvantage it placed many Floridians, the Governor of Florida issued a moratorium on all mortgage foreclosure and eviction causes of action in the state. Although this executive order has now expired, the Centers for Disease Control and Prevention (CDC) has released a new order, “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19.”

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Gift to Family
Tax Law
Alex Cruz

Can You Deduct the Costs of Gifts from Your Business Income?

Certain gifts made during the course of the year can be deducted from your business’s taxable income. Of course, the IRS provides several limitations and exceptions, such as a $25 maximum per recipient and exclusion of gifts which are branded with the giver’s name or logo.

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Divorce in Florida
Family Law
Eric Gros-Dubois

How Do I File for Divorce in Florida?

Every state has its own significant divorce laws and regulations. Florida is a no-fault state, meaning that there does not need to be a party at fault for the divorce. The spouse asking for a divorce simply needs to claim that the marriage is “irretrievably broken.” It is important to note, that when filing for divorce, Florida has its own residency requirements. The spouse filing for divorce has to have lived in the state for at least six months prior to initiating a divorce. However, there is one exception to this rule.

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EPGD Law Consumer
protection
Samuel Gittle

What is the Florida Consumer Collection Practices Act (FCCPA)?

The Florida Consumer Collection Practices Act (FCCPA) limits the method in which debt collectors and creditors interact with consumers when attempting to collect a debt. The act prohibits creditors and debt collectors from using abusive, unfair, or deceptive tactics when collecting debt from consumers. Additionally, it provides a right to bring litigation against wrongdoers and to recover damages and attorneys’ fees.

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domesticating LLC
Contract
Eric Gros-Dubois

Can I Move My Limited Liability Company (LLC) From One State to Another? 

If you are operating a Limited Liability Company (LLC) in one state but want to move it permanently to another state, you may do so through a process called domestication. It is important to note that the state you are moving your LLC from and the state you are moving it to, must allow for domestication in order for you to validly transfer your business. Florida is among the states which allows for this process.

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Security Deposit
Real Estate Law
Eric Gros-Dubois

Statute of Limitations on Landlord Tenant Security Deposit Disputes

A security deposit is a refundable fee that a new resident gives to their landlord in addition to advance rent payment. The security deposit is essentially an insurance on the property in the event that the tenant causes any damages made by the tenant that exceeds ordinary wear and tear.

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Documentary stamp Tax
Contract
Eric Gros-Dubois

What is the Florida Documentary Stamp Tax?

The Florida Documentary Stamp Tax is an excise tax that is enforced on certain documents that are executed, delivered, or recorded in the state. An excise tax is an indirect tax charged by the government on the sale of a particular good or service.

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Foreclosure EPGD
Real Estate Law
Oscar Gomez

What is a “Condition Precedent” to Filing a Foreclosure Action in Florida?

In Florida, if a bank, lender or servicer anticipates filing a foreclosure action, there are certain steps it must take prior to doing so. These provisions are called conditions precedent to foreclosure. State and federal law, as well as the contractual language of the mortgage and promissory note, set forth some of those requirements. Financial institutes are under the obligation to abide by these conditions. Failure to do so opens the door to defenses to the foreclosure claim which can lead to dismissal of the case.

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