Henderson, Franklin, Starnes & Holt, P.A.

Latest from Henderson, Franklin, Starnes & Holt, P.A.

Florida law requires all businesses to file an annual report with the Florida Department of State, Division of Corporations (the “Department”). Annual reports are due between January 1 and May 1 of the year following the calendar year in which the business’ articles of organization/incorporation became effective or the foreign entity obtained a certificate of authority to transact business in this state. If annual reports are not filed, businesses could incur penalties or even worse,…
Henderson Franklin’s Employment Law and Workers’ Compensation attorneys will host the 27th Annual HR Law & Solutions on Friday, March 29, 2019 at the Sanibel Harbour Marriott Resort & Spa. Florida Board Certified Civil Trial Expert Robert Shearman will moderate this annual seminar designed to update and educate business owners, managers, human resource professionals and in-house counsel on legal issues impacting the workplace.…
Guest post by Henderson Franklin’s Construction Chair, J. Matthew Belcastro, Esq. HB911 is proposed legislation that would substantially revamp Ch. 558, Florida Statutes, by substantially doing away with pre-suit notice requirements and replace those requirements with mandatory non-binding arbitration to take place within 180 days of the lawsuit being filed. Notably, the new provisions would apply not only to completed projects (like the current version) but also to ongoing projects. Impact of HB911 on Florida…
The First Amendment is commonly understood as protecting the right to free speech. But the First Amendment does not impact the ability of private citizens and organizations to punish or limit speech. This is why it’s permissible for a private employer to fire an employee for engaging in speech the employer disapproves of – private employers have the right to manage their employees as they see fit. The situation grows more complicated when the government…
Copyright is the exclusive right to reproduce, adapt, distribute, perform, and display works of original expression. These rights accrue upon creation of the work and a copyright registration is not required to own a copyright or acquire these rights. U.S. Copyright Act The U.S. Copyright Act, 17 U.S.C. 101, et seq. provides a means for registering copyrights with the U.S. Copyright Office, which is a part of the Library of Congress. The…
Given its status as a tourist destination, and the proliferation of online rental platforms, it would seem that Collier County is the perfect place for Airbnb and similar services to thrive. While these platforms continue to grow, both the City of Naples and Collier County have taken the position that daily, weekly, and/or monthly rentals of single-family homes (also known as vacation rentals, short-term rentals, transient rentals, and/or transient occupancy) are generally prohibited. Home rentals…
The kids show Sesame Street began running in 1969 and provided useful lessons for kids. Sesame Street featured the characters Bert and Ernie. Ernie would greet Bert each time with “Hey, Bert!” Today, I’d like to focus on another “Bert” that impacts property owners — The Bert J. Harris, Jr., Private Property Rights Protection Act (the “Act”). Vale v. Palm Beach County As mentioned in a previous post, the Florida Supreme Court strictly interprets…
In 2018, we shared an article explaining the Florida Legislature’s decision to reduce the business rent tax (“BRT”) from 5.8% to 5.7% for leases commencing in 2019 and beyond. On Election Day 2018, the voters in Lee and Collier counties voted in favor of a discretionary sales tax (the “Sales Tax”), 0.5 percent and 1 percent respectively. According to the Florida Department of Revenue, if a county has a discretionary sales tax, then the Sales…
Obtaining a survey before purchasing a vessel is always advised. Any offer to purchase a boat should always be made contingent on a satisfactory survey and in some cases a sea trial. Courts have recognized the critical role of marine surveyors in maintaining safe sea travels. Hull Survey vs. Full Survey The type of survey required will depend on the boat age, condition, value, and date of last survey. It may be that a hull…
Recreational boat owners in Florida are required to either register their vessels with the state of Florida or document their vessels with the U.S. Coast Guard. There are many factors to consider when choosing between state registration and U.S. documentation. Registration Chapter 328, Florida Statutes, designates that DHSMV is responsible for issuing vessel registrations and titles. Applications for titles and registrations must be filed at a county tax collector or license plate agent office.…