2013 Florida Legislative Update

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The 2013 Florida Legislature was very busy this past session. Many of the bills that passed and are awaiting Governor Scott’s signature or veto will directly impact your business. Unfortunately, there has been little or no press coverage of these newly enacted laws.  Click here to view a list of the actions taken by Governor Scott so far and the upcoming bills awaiting a signature or a veto. Keep in mind,  Governor Scott has 15 days to act on bills presented to him after the close of the annual legislative session. After the 15 day deadline expires and the Governor has not taken any action (sign or veto) , the bill automatically becomes law.

2013 Florida Governor Scott action taken bills

You can view the full text of each bill that passed the Florida Legislature here.

 

 

New Florida Supreme Court Ruling Should Alert Businesses to Review Their Contracts, Now

Although businesses should review their standard “form” contracts annually with their attorney, many do not.  Most often changes to year’s old contracts occur after a deal has gone bad or an expensive lawsuit has been lost. Hidden “time bombs” await businesses in the form of “the law has changed since we first used this contract” or ” this provision has not been enforced by a court in years”.  However, every so often news of a court case, ruling or new statute froths to the top and successful businesses take the necessary steps to adapt their businesses and their contracts accordingly. The recent Florida Supreme Court decision in  Tiara Condominium Assoc. v. Marsh & McClennan Companies, Inc. (SC10-1022) should be one of those instances.

In the Tiara Condominium case, the Florida Supreme Court severely limited the “Economic Loss Rule”. This means business that may not have been able to sue for breach of contract, because the actual contract said they could not (clauses limiting certain damages or liability, etc.) have a second chance.  Lawsuits seeking damages for tort claims like negligence can now be filed even though a claim for breach of contract, on the same set of facts, is not available.

To businesses that update their contracts regularly, the court’s decision restricting the confusing and often sloppily applied Economic Loss Rule will be welcome. These businesses will have their attorneys review their contracts for the best way to adapt to the court’s ruling.  Most likely contract provisions regarding liability and damage limitations, indemnity, insurance and dispute resolution will be modified. Unfortunately, for many businesses the effect of the court’s decision will only be known at a later, much more expensive, date.

 

Florida’s First District Court of Appeal: Florida’s Hotel Tax Does Not Apply to Online Travel Agencies

In a 2-1 decision upholding a lower-court ruling, the Florida First District Court of Appeal in Tallahassee said yesterday that the Tourist Development Act doesn’t apply to what a company collects from customers who reserve rooms online. The companies “are simply conduits through which consumers can compare hotels and rates and book a reservation at the chosen hotel,” the court ruled. . . click here for full article

Florida Supreme Court Hears Online Hotel Tax Appeal

Millions of dollars are at stake in the case being considered by three judges of the 1st District Court of Appeal, but any ruling they make is likely to be appealed to the Florida Supreme Court by the losing side. Roberto “Bobby” Martinez, a former U.S click here for full article

Hotel and Community Association Pools Given a Temporary ADA Reprieve

Recently, the Department of Justice adopted final rules relating to the provision of accessible entry and exit to existing swimming pools, wading pools, and spas (pools built before March 15, 2012).  If you have not heard by now. . . the new rules required all public use pools (hotel, community associations, etc.) to conform with new ADA regulations. In essence, the entry and exit to a public use pool has to be handicap accessible (a lift). These regulations were due to take affect on March 15, 2012 but were postponed due to an outcry from small business owners because of the high cost of compliance in such a short period of time. Today the implementation of these same regulations were postponed again. However, the postponement only applies to existing pools, in which the compliance date until January 31, 2013.  All new pool construction must be in compliance with the new ADA rules.

Hotels, motels and community associations with public use pools should consult with their attorney to ensure compliance with these new regulations (as well the multitude of other regulations pending or in effect).  Non-compliance is always more costly than complying. A brief primer for small businesses attempting to navigate ADA regulations can be found here: http://www.ada.gov/in