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Residential Lead Based Paint Hazard Reduction Act in Florida

Posted on May 3, 2013 by Boyer Law Firm, P.L.

Residential Lead Based Paint Hazard Reduction Act of 1992 | Florida Residential Real Estate | Florida Real Estate Attorney Jacksonville, Orlando, Miami | Boyer Law Firm, PLIf you are selling a home in Florida, there are certain things that you must disclose to potential buyers. If you home was built before 1978, then you must comply with federal regulations set forth by the Residential Lead Based Paint Hazard Reduction Act of 1992.

These regulations include:

- Disclosing all known lead-based paint and hazards in the house
- Giving potential buyers a pamphlet prepared by the U.S. Environmental Protection Agency entitled Protect Your Family From Lead in Your Home.
- Including certain warning language in the contract, as well as signed statements from all parties verifying that all disclosures, including giving the pamphlet, were made. (You should contact a contract attorney or real estate attorney to assist you with this.)
- Keeping the signed acknowledgements for three years as proof of compliance
- Giving buyers the opportunity to test the housing for lead

If you fail to comply with the regulations set forth by the Residential Lead Based Paint Hazard Reduction Act, the buyer can sue you for triple the amount of damages suffered, even if the only damages suffered were the costs to repaint the house.

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Tags: Business Law in Florida

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Employment in Jacksonville Third Best in the Nation

Posted on May 2, 2013 by Boyer Law Firm, P.L.

Employment in Jacksonville | Business Law Attorney Jacksonville, Orlando, Miami, Florida | Doing business in FloridaForbes magazine has named Jacksonville, Florida the third best city to find employment in the United States based on information provided by Adecco Staffing U.S.

Employment in Jacksonville is seeing the heaviest growth in the areas of higher education, health care, IT services, food services, transportation and government work from the three military bases. The city is also seeing the addition of several companies and headquarters, especially in the areas of finance and manufacturing.

These new businesses like Jacksonville as a location because it has a diverse and highly educated labor force, with multiple colleges in the city including the University of North Florida, Jacksonville University, and Florida State College of Jacksonville.

If you are interested in starting a company in Jacksonville or employment in Jacksonville, contact Boyer Law Firm’s business law attorneys today.

Source: Forbes

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Tags: Business Law in Florida

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The New Florida E-Filing System

Posted on May 1, 2013 by Boyer Law Firm, P.L.

Florida E-filing | Florida Civil Litigation Attorney Jacksonville, Orlando, Miami | Boyer Law Firm, PLThroughout the state of Florida, filing court document and official records through the new Florida e-filing system is becoming the new norm, and Boyer Law Firm is on the bandwagon!

“The beauty of electronic filing is that attorneys can file documents 24 hours a day, seven days a week, and 365 days a year,” said Jackson County Clerk of Courts Dale Rabon Guthrie. “E-filing is absolutely awesome!”

On April 1, the Florida Supreme Court mandated that all attorneys file documents electrically including probate cases and civil cases heard in both circuit and county civil courts. Florida is one of the first states in the nation to implement a statewide electronic filing system.

By embracing the new Florida e-filing system, Boyer Law Firm is able to process matters faster and more efficiently, benefiting our clients by saving them time and money because we no longer have to wait for the slow process of “snail mail.” As we continue into the 21st Century, we can expect the courts to slowly embrace increasing technology, and we will be right alongside them.

The next major revision to the Florida e-filing portal is scheduled for Oct. 1.

Source: Jackson County Floridian

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Tags: Florida Civil Litigation

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Canadian Real Estate Investors Face Competition from Asian Counterparts

Posted on April 30, 2013 by Boyer Law Firm, P.L.

Canadian Real Estate Investors | Florida Real Estate Attorney Jacksonville, Orlando, Miami | Boyer Law Firm, PLNow is the time for Canadian real estate investors to buy in Florida before investors from Asian countries become the new Florida snowbird.

More than 500,000 Canadians currently own property in Florida, and many have made a return on their investment since 2008 when the state was one of the hardest hit in the nation by the housing crisis. The price of single-family homes in Florida is currently up 12 percent, according to the Toronto Star.

In 2010, Canadians accounted for almost 40 percent of all real estate purchases in Florida, but they are now facing stiff competition from their Asian counterparts. This competition is mostly over bankrupt development projects around $100,000. As a result, many Canadian real estate investors are investing in discounted homes over $200,000 and $300,000 while they are still available.

Canadian real estate investors are also facing competition from Brazilian investors in Miami and Orlando.

If you are interested in investing in Florida real estate, buying a winter home, or selling a piece of property, contact Boyer Law Firm’s real estate attorneys today. We have attorneys and paralegals who speak both French and English.

Source: Toronto Star

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Tags: Florida Real Estate | International Law

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Orlando International Airport and International Travel

Posted on April 29, 2013 by Boyer Law Firm, P.L.

Orlando International Airport | International business travel| International attorneyBeginning tomorrow, April 30, 2013, Orlando International Airport will electronically streamline the international arrival process, making the process paperless and replacing the I-94 form. U.S. Customs and Border Protection recognized the airport as the first in the nation to move to the new process.

While year-to-date domestic travel is down 3.7 percent in Orlando, international traffic is up 13.7 percent, making this new form of screening a necessity. Lines for international visitors at Orlando International Airport become extremely long when travelers have not completed the I-94 form. With the new system, U.S. Customs and Border Protection will gather arrival and departure information from electronic travel records.

So, if you are planning to travel to Florida for business or pleasure after April 30, you may want to amend your travel plans to arrive in the U.S. in Orlando. However, the process will still be relatively new and there will inevitably be some kinks to work out at the beginning.

Source: Orlando Business Journal

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Tags: Business Law in Florida | International Law

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Florida’s World-Class Golf Courses

Posted on April 26, 2013 by Boyer Law Firm, P.L.

One of the great things about living and doing business in Florida, in addition to the warm weather and sandy beaches, is Florida’s world-class public golf courses. Whether you are meeting a client or playing a Saturday afternoon round with some buddies, Florida has some of the best golf courses in the country.

Whether you are in Jacksonville, Orlando, or Miami, Florida, there is a world-class public golf course near you.

Here are the top thirty Florida’s world-class golf courses, according to Golf.com:

1. TPC Sawgrass (Players Stadium), Ponte Vedra Beach/ Jacksonville

Floridas world class golf courses | doing business in Florida | Business Lawyer Jacksonville Miami Orlando2. World Woods (Pine Barrens), Brooksville

3. Arnold Palmer’s Bay Hill, Orlando

4. Hammock Beach Resort (Ocean), Palm Coast

5. Innisbrook (Copperhead), Palm Harbor

6. Doral (TPC Blue Monster), Miami

7. PGA National (Champion), Palm Beach Gardens

8. Reunion (Independence), Orlando

9. World Woods (Rolling Oaks), Brooksville

10. Camp Creek, Panama City Beach

11. Waldorf Astoria, Orlando

12. Grand Cypress (New), Orlando

13. Sandestin (Raven), Destin

14. Sugarloaf Mountain, Minneola

15. Victoria Hill, Deland

16. Old Corkscrew, Estero

17. Tiburon (Black), Naples

18. Hammock Beach Resort (Conservatory),Palm Coast

19. Turnberry Isle (Soffer), Aventura

20. Southern Dunes, Haines City

21. Breakers (Rees Jones), West Palm Beach

22. Orange County National (Panther Lake), Winter Garden / Orlando

23. PGA Golf Club (Wanamaker), Port St. Lucie

24. The Deltona Club, Deltona

25. Southwood, Tallahassee

26. TPC Sawgrass (Dye’s Valley), Ponte Vedra Beach/ Jacksonville

27. Ponte Vedra Inn & Club (Ocean), Ponte Vedra Beach/ Jacksonville

28. Reunion (Legacy), Orlando

29. North Palm Beach C.C., North Palm Beach

30. Walt Disney World (Magnolia), Lake Buena Vista

For more information about living and doing business in Florida, download our “Living in Florida” guide.

Source: http://www.golf.com/courses-and-travel/best-public-golf-courses-florida-2012

Tags: Boyer Law Firm -- a Florida firm | Business Law in Florida

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The Copyright Act

Posted on April 25, 2013 by Boyer Law Firm, P.L.

The Copyright Act | Copyright Law Attorney | Intellectual Property Lawyer Jacksonville, Orlando, Miami, Florida

Under The Copyright Act of 1976, an owner of a copyright has exclusive reproduction rights, distribution rights, the right to create adaptations (derivative work), the right to prepare new works based on the protected work, and performance and display rights.

The owner may license or sell any of these rights for a profit. It is common for the owner to place certain limitations on how these rights can be used, such as the period of time in which they can be used, the number of times they can be used, the specific location in which the rights may be used, and more.

A good example of this is getting photographs from the internet. If you search Google images, most of those pictures are copyrighted. This is because copyright protection comes into existence when the protected work is created. However, certain photo-bank sites will license, or allow you to use, their photos if you give credit to the site or pay a fee for the pictures.

If you want to register your copyright, are wondering if you may be infringing on somebody’s copyright, or feel that someone is infringing on your copyright, contact Boyer Law Firm today. We can help you to enforce the Copyright Act.

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Tags: Business Law in Florida | Intellectual Property

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10 Facts About Florida Wills

Posted on April 24, 2013 by Boyer Law Firm, P.L.

Estate Planning Attorney, Jacksonville, Orlando, Miami | Will Lawyer, Trust Attorney, Power of Attorney

Here are some Florida will facts you may not know…

  1. The Florida Supreme Court has a program in which lawyers are board-certified as specialists in the area of wills, trusts, and estate law.
  2. A person age 18 or older is of legal age to make a will.
  3. Florida law presumes a person to be of sound mind unless proved otherwise, and proof requires a fairly high standard.
  4. Florida does not recognize handwritten or joint wills.
  5. Mutual wills are an option in Florida but are best for couples who do not have children.
  6. Florida does not recognize nuncupative or deathbed wills.
  7. You can set up a trust for an animal’s care. Florida recognizes a vehicle for this known as the Florida pet trust.
  8. A prior will is only revoked by a new will to the extent the new will expressly states it revokes the prior will and is inconsistent with the prior will.
  9. A lost will is generally presumed to have been revoked by the testator.
  10. A will provision granting anything to a spouse is expressly revoked by statute once the parties are separated with intent to be permanently divorced, or their marriage is divorced, dissolved, or annulled.

If you need to create a will, trust, or have questions about estate planning, contact Boyer Law Firm today.

*Image courtesy of Stockfreeimages.com

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Tags: Estate Planning for Florida

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Defamation and Litigation Privilege

Posted on April 23, 2013 by Boyer Law Firm, P.L.

Defamation, Litigation Priviledge | Florida Civil Litigation attorney Jacksonville, Orlando, MiamiLitigation privilege protects attorneys and parties in a lawsuit from defamation claims stemming from statements made during the trial. This privilege does not extend outside the courtroom, especially to comments made online.

This was the matter at fact in the 2011 case Ball v. D’Lites Enterprises, Inc. 65 So.3d 637 (Fla. 4 CA 2011). After the suit had been filed, the defendants posted statements on their website saying the plaintiffs had violated trademarks. Ball then filed a complaint against the defendants for defamation.

Defamation refers to any statement that harms a person or company’s reputation. Written defamation is called libel and spoken defamation is called slander.

The defamation claim was dismissed by the trial court, but the district court disagreed, stating “We analogize the publication of statements on the internet to calling a press conference with the media or otherwise publishing defamatory information to the newspapers or other media.

The moral of this case is to watch what you say, especially if you are online and/or in the middle of a litigation case.

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Tags: Business Law in Florida

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Siri Stores Your Personal Information

Posted on April 22, 2013 by Boyer Law Firm, P.L.

Siri stores your personal informationYou’ve probably heard about Siri from Apple, the virtual assistant app that lets you speak your questions. What you may not know is that Siri stores the questions you ask in a database. Siri also collects other information, such as the contacts on your phone, in order to be more efficient. This information is also sent to Apple.

In Apple’s iPhone Software License Agreement, it says: “By using Siri or Dictation, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, including your voice input and User Data to provide and improve Siri, Dictation and other Apple products and services.”

Apple does not specify where the data is stored, how long the data is stored for, or what “subsidiaries” and “agents” have access to the information.

Because of this, IBM banned its employees from using the software at work.

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Tags: Business Law in Florida | Intellectual Property

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