The Florida Ban on Texting While Driving Law

As of January 1, 2020, Florida drivers caught texting while driving may face a non-moving violation with a fine of $30 for first time offenders under the Florida Ban on Texting While Driving Law.  A second-time offender caught texting while driving within five years of the initial offense will be charged with a moving violation…

The Growing Legal Costs of Cyber Liability

Defense law firms that work on cyber liability panels can expect to receive an average of $8,600 in legal consultation fees, according to cost estimates from Chubb recently reported in Florida Trend magazine. Total costs to respond to a cybersecurity claim can be as high as $73,300 according to Chubb, which based its information on…

Fluctuating Work Week Overtime Rule Change Proposed by DOL

Employers could offer bonuses and other incentive-based compensation to employees with a fluctuating work week under a rule proposed by the U.S. Department of Labor’s Wage and Hour Division (WHD) on November 4, 2019. The proposal modifies the current regulation which computes overtime compensation for salaried non-exempt employees who work varying weekly hours—known as a…

$9.6 Million Judgment Stands in Horton v. Heron’s Landing Case

On November 12, 2019, the Florida Supreme Court declined jurisdiction and declined D.R. Horton’s petition for review relating to D.R. Horton’s ongoing lawsuit with Heron’s Landing Condo Association (Association), one of D.R. Horton’s condominium developments. This recent development leaves D.R. Horton with a $9,600,000 judgment to pay because of the many allegedly faulty construction issues…

Understanding Accountant Malpractice Liability Exposure

Accountant malpractice liability claims typically decline during a strong economy like we have now, according to a recent article in Accounting Today titled, “Accountants’ Malpractice Liability: Fewer Claims but More Risks.” Numerous accountant malpractice liability risks remain, however, including but not limited to emerging issues in cybersecurity, online sales tax questions in the wake of…

Florida Creates Framework for Self-Driving Vehicles

In an effort to put Florida in the forefront of the growing autonomous vehicle technology, on June 13, 2019 Governor Ron DeSantis signed CS/HB 311, which seeks to establish a statutory framework in hopes of accelerating the development and operation of self-driving vehicles. Governor DeSantis proclaimed that “[s]igning this legislation paves the way for Florida…

Florida Supreme Court to Address Insurer Right to Sue Defense Counsel

Earlier this year, the Fourth District Court of Appeal of Florida (Fourth DCA) concluded in Arch Insurance Company v. Kubicki Draper, LLP, that an insurance company that hires a lawyer to defend one of their insureds has no standing to bring a malpractice claim against the lawyer who is hired to represent the insured.  Following…

Drone Usage Grows as UPS Gets Expanded FAA Approval

The Federal Aviation Administration (FAA) awarded UPS a full Part 135 Standard certification to operate a drone airline on Friday, September 27, according to a news release issued by the delivery company. A spokesperson for “UPS Flight Forward,” the UPS drone subsidiary, explained that the certificate allows it to expand its delivery service in large…

Can Solar Energy Foes Block the Sun?

In a popular Simpsons episode, the diabolical Mr. Burns builds a giant disc to eclipse the sun and force residents into around-the-clock reliance on electricity from his power plant. A parody plan in South Park is withdrawn after Professor Chaos (Butters) is told that his scheme was already hatched in Springfield. It’s a pitch-perfect cartoon…

Florida Will Not Allow Insurance Holders to be Indemnified for “Ill-Gotten Gains”

The United States Court of Appeals for the Eleventh Circuit recently affirmed the United States District Court for the Southern District of Florida’s decision against allowing insurance holders to be indemnified for “ill-gotten gains.” Sabal Insurance Group provided workers’ compensation and general liability insurance to Quality Aircraft Services (QAS), paid for by Miami-Dade Aviation Department…