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Category Archives: Blog Posts

FLORIDA’S NEW UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT (“UCRERA”)

On the eve of the onslaught of foreclosures that will unfortunately begin because of the devastating effect of COVID on commercial mortgages, effective July 1, 2020, the Governor signed into law the UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT (“UCRERA“). UCRERA specifies the circumstances under which a receiver may be appointed for commercial real estate, the […]

Landlord/Tenant Practice in the Era of Covid-19

The COVID-19 crisis led to forced closings of many businesses throughout the state. While many commercial tenants applied for and received government loans to assist with rent obligations, it has not been enough. As a result, I’ve heard firsthand from my commercial landlord clients who are also suffering over the loss of income from their […]

Business triage re: COVID-19.

We at Englander Fischer are reaching out to our valued clients and friends to lend our experience regarding the wide-ranging impact of the 2019 Novel Coronavirus disease (COVID-19). Your businesses should take immediate steps to minimize disruption and protect their future interests. This includes looking to your existing business agreements, insurance policies, and contracts, that […]

City Council May Vote to Permanently Prevent Development of Residential Properties on 16,000 Acres Throughout St. Petersburg

City Council May Vote to Permanently Prevent Development of Residential Properties on 16,000 Acres Throughout St. Petersburg City Council is currently split in its decision whether to pass an Amendment to St. Pete’s Comprehensive Plan, which would keep open the door for potential residential development in the City’s Coastal High Hazard (“CHHA”), those areas in […]

Non-Compete Provisions in Employment Agreements

Q: Are all non-compete provisions enforceable? A: No. Florida law only allows enforcement of written non-compete agreements that protect one or more legitimate business interests. A non-compete agreement that is not supported by a legitimate business interest is void and unenforceable. Legitimate business interests include: (1) trade secrets, (2) confidential business information, (3) substantial customer […]

Real Estate Contract Provision Regarding Agents

Real Estate Contract Provision Regarding Agents A recent 2016 First District Court of Appeal case has addressed a common provision in a Florida real estate contract that was designed to protect real estate agents. The contract language provides that the purchaser shall rely solely on the representations of sellers and third parties, other than the […]

Notice To Owner Exceptions Still Exist in Florida

Notice To Owner Exceptions Still Exist in Florida Under normal residential and commercial construction projects, subcontractors are not in direct privity with an owner. Thus, the subcontractor who wants to protect his or her lien rights files a Notice to Owner (“NTO”). The NTO must be filed before commencing work or within 45 days from […]

Do I Need To File An Annual Report For My Business Entity In Florida?

The Secretary of State requires an annual report to be filed with their office, together with payment of a filing fee that ranges from $138.75 for LLCs and $150.00 for corporations to $500.00 for LPs or LLLPs. The annual report can be filed online at http://dos.myflorida.com/sunbiz/ or by U.S. mail. Our office handles the filing […]

Hacking & Digital Theft Damages May Now Be Recoverable In Florida Courts

New Law Allows Businesses Victimized by Hacking & Digital Theft Recover in Florida Courts Florida’s Computer Abuse and Data Recovery Act (“CADRA”), which became effective on October 1, 2015, provides a potent civil remedy for businesses harmed by persons who access, take, disclose, or destroy business data, systems or software from a “protected computer” without […]

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