Contractors and subcontractors should be excited, okay, happy at least, that Florida’s Statute of Repose has been recently amended. WHAT IS THE CHANGE? The major change to Section 95.11, Florida Statutes (2017), is the start of the ten-year statute of repose period. The statute of repose sets the last day by which a suit must […]
Widerman Malek Law Blog
Interpleader: Compelling Two Parties to Litigate
Generally, it is understood that one person cannot drag two others into court and force them to fight out an issue. However, as with most things in the law, there are exceptions to this idea. The concept of interpleader is that sometimes one party can compel two or more other parties to determine their rights […]
What a Concussion can do for a Criminal Defendant
We’ve all known that playing sports can come with its own set of risks. We’ve seen it on television and we’ve seen it while watching our children play various sports throughout their childhood. And now, the media has the ability to show instant replays over and over again, as we watch a great athlete tear […]
The Wild World of Discovery…What Can’t They See?
No matter how hard TV shows try, they are just not the reality they portray. Prime example is law related shows. First you have the crime or the incident and then you are in trial, the most exciting part. But what happens in the middle can be the deciding factor whether your case survives, settles, or […]
Florida’s Public Records Act Vol. 3 – Can an Agency say No?
Can an Agency say No to a Public Records Request?
The short answer is rarely, if ever, can an agency say “no” to a public records request. The only real constraints or limitations that a person should face when asking to inspect or copy public records are guided by Section 119.07(1)(a), Florida Statutes. This statute limits inspection or copying to “any reasonable time, under reasonable conditions, and under supervision.” Otherwise, there should be no denial of a public record to anyone with a few caveats. First and foremost, the request has to be for an actual public record, not just any document. Although there are several points that could be made here, just a few are discussed below.
Oral Modifications to Written Lease/Rental Agreements: Are They Valid? Vol. 1
I have been approached lately with the issue of oral modifications made outside the main written lease/rental agreement and what impact they have on the lease/rental agreement. Are they valid? Are they enforceable? If the landlord doesn’t live up to his end of the oral modification, do I have any recourse? What do I do? […]
Florida’s Public Records Act Vol. 1 – What are public records?
What are public records?
Florida prides itself in having an open government and many of Florida’s records are open to the public. Not everything falls under the category of a public record though, and likely for good reason. Public records are defined in Section 119.011(12), Florida Statutes and are essentially any document, recording, or material of any form made or received pursuant to law or ordinance connected with the official business of any agency.
Florida Sunshine Law Vol. 4 – Consequences of violating the Sunshine Law
What are the consequences of violating the Sunshine Law?
Violations of Florida’s Sunshine Law can bring stiff and far reaching consequences, some of which are not just against the board members, commissioners, etc. involved. For starters, there can be criminal penalties. If a board member, commissioner, etc. knowingly violates the Sunshine Law, the individual is likely guilty of a second degree misdemeanor, which can include 60 days of imprisonment and a fine of up to $500.
Florida Sunshine Law Vol. 3 – Misconceptions about the Sunshine Law
Misconceptions about the Sunshine Law<\strong>
There are several misconceptions about Florida’s Sunshine Law that I would like to address in this third installment. One of the largest that I believe is slowly getting recognized and understood is the right to participate or comment in meetings falling under the requirements of Chapter 286, Florida Statutes.
Florida’s Sunshine Law Vol. 2 – Who and what does it cover?
Who and what does the Florida Sunshine Law cover?
Florida’s Sunshine Law promotes the state’s policy towards open government. In fact, it is required by Article I, Section 24 of the Florida Constitution. Does the open policy apply to every government entity in Florida, does it apply to all members of the government, its agencies, etc., and does it cover every type of meeting? The Sunshine Law applies to “any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision.” Section 286.011, Florida Statutes. Notice that the Sunshine Law applies to state, county, municipal or political subdivisions; it does not apply to federal agencies or federal entities of any type.
