Finding the right carrier and coverage for workers compensation insurance is crucial for any business in any location. While it’s no surprise that regulations may change from place to place, what may be a bit of news is that sometimes large shakeups happen within a local market in terms of both regulations, as well as carriers. That’s the case with the current market for Florida workers compensation insurance, where the end of 2017 saw some major news and developments.

Insurance regulators for the state of Florida put a popular carrier into receivership, with the reasoning being that they had inadequate reserves. This is obviously a huge issue for an insurance carrier, who has to actually be able to pay out on their policies. That is the point of the policy, after all.

For those who are unfamiliar, receivership is basically a type of corporate bankruptcy. In the corporate world, this can be done in order to attempt to restructure a company and avoid liquidation. The goal is to right the ship of the company without its full dissolution.

In this specific case, the carrier in question is Guarantee Insurance Co., also known as GIC. The company provides workers compensation insurance to more than half the states in the country, and is based in Fort Lauderdale.

The Florida Office of Insurance regulation, or OIR, determined that the assets of the company were insufficient to pay outstanding obligations. The latter figure worked out to be over a quarter of a million dollars.

Of course, insurance is meant to protect against risk for businesses, not provide them with more of it. So this has been an unfortunate turn of events for the businesses and business owners dealing with this situation in Florida. Workers compensation insurance in particular is a crucial safeguard, as well as a business requirement, and not one you want to be having any issues with.

The state of Florida dictates that non-construction businesses must have workers compensation insurance in Florida if they have four or more full or part-time employees. In the construction business, all businesses are required to carry workers compensation, while in the agricultural industry, requirements dictate that businesses with six or more regular employees and/or at least 12 seasonal employees for more than 30 days must have workers compensation insurance.

All of this underscores the need to work with trusted, high quality Florida workers compensation insurance providers. It’s always recommended to consult with a local, experienced professional in your area who can help answer any questions, and ensure you receive the coverage you need at a reasonable price.

Most businesses in Florida are closely held limited liability companies (LLCs), thus the question often arises as to whether these entities actually need an operating agreement. This article is not meant to provide legal advice or to form an attorney-client relationship; it is meant only to provide general information about this important and deep impacting topic.

By way of background, an LLC is something of a hybrid between a partnership and a corporation and was specifically authorized under Florida law a little over twenty years ago. Previously, Chapter 608 of Florida’s Statutes controlled LLCs and provided a limited amount of guidance to business owners and Florida’s Courts. Unfortunately, the many default provisions found in Florida’s Corporate Code did not appear in the old LLC Chapter. This all changed with the enactment of the Revised LLC Act at Chapter 605, that took effect on January 1, 2014. After January 1, 2015, it applies to all Florida LLCs. Therefore, without specific provisions in an operating agreement to govern the operation and dissolution of an LLC, owners of LLCs will find themselves unintentionally in situations that they did not originally intend. A proper operating agreement can also embrace the benefits of the Revised LLC Act.

That said, the expense of an operating agreement prepared by an experienced business lawyer is not necessarily required in every instance. LLCs can be divided into two categories; single-member and multi-member. While a well-crafted operating agreement can never be a detriment to a LLC it may be one that a single-member LLC can save, depending on its circumstances.

An operating agreement can be thought of as the contract between the members of an LLC governing such topics as how members can depart the entity and what rules apply to the addition of new members, if any are allowed. Therefore, in the case of a single-member LLC, it may not be a necessity, but in the case of a multi-member LLC, it may be a very wise business decision. Without identifying responses to specific situations that can arise, such as the departure or death of a member, a dispute can evolve between the members that a Florida court can not readily or easily resolve. Even for specific events like valuation of membership interest, the members of a multi-member LLC may not wish to accept the statutory default and may be better served to apply their own method to address that situation.

A secondary consideration is whether to seek a pre-formatted, fill-in-the-blanks operating agreement or to hire a competent and seasoned business lawyer to prepare that document. Naturally, such a choice is a business or management decision, however, an operating agreement that is not tailored to the unique needs of a LLC by someone who understands the problems that arise and are normally the subject of lawsuits will not address those unique needs very well. The savings realized by purchasing a pre-formatted operating agreement may result in substantially increased expenses later if a dispute develops, which is likely not anticipated or adequately covered by the stock operating agreement.

Back in the summer of 2010, the Florida Supreme Court addressed the ownership of LLCs in its Olmstead decision. The Florida Supreme Court confirmed that an individual’s membership interest in a LLC is a property right that is subject to a judgment, even if such judgment had nothing to do with the LLC. In response, Florida’s Legislature amended the old LLC Statutes to clarify that a member’s interest in a multi-member LLC could not be seized with a judgment and only the member’s right to a distribution from the LLC could be attached. The Revised LLC Act expanded on that so particularly for a multi-member LLC, a failure to address the ownership interest in a well-crafted operating agreement can lead to unintended consequences for the business.

While it is not practically possible to provide broad advice to members of a LLC, it is always a wise and prudent business decision for the owners of any Florida LLC to take the time and incur the small cost to consult with a qualified and experienced business lawyer to determine whether an operating agreement is appropriate for the business. By so doing, they can have an agreement that matches their intent, can evaluate whether any existing agreement fully addresses their intent, can determine whether their existing agreement meets the requirements of the Revised Act or identify the provisions that can be included to ensure the smooth operation of the enterprise. A proper and solid operating agreement for a LLC can go a long way to limiting the costs of any future dispute where, for example, an owner wants to leave the LLC, dies, or is divorced.

We often talk about the incredible surge in real estate values in the past five years in the Great State of Florida. The Hurricane State if you will as it is so flat that there is barely anything to slow down a massive Hurricane. But some still ask why anyone would pay that much to live upon a giant Sand Bar?

In fact most of Florida is a sand bar except the Panhandle and above Orlando area. There are a few places with rock underneath which extend past that along I-95 but lets face it Florida is a Giant Sand Bar, which is tall skinny and flat. Your perfect Runway Model if you, which is a good analogy as it is a beautiful sand bar at that? Surges in Real Estate is one thing, but is that the only type of surge we should be considering there?

But why would anyone, wish to live less than 12-18 feet above see level when Cat IV and V Hurricanes are known to deliver upwards of 20 feet storm surges. Can you say a submerged sand bar? And how do we know whole parts of it will not completely move someday? Shifting sand is well known on sandbars you see?

If you own Florida real estate I am not trying to hurt your property values and I truly wish you well, but from a philosophical stand point, you know that really does not make a whole lot of sense does it? Perhaps you will consider all this in 2006.

When did the Florida FR44 insurance filing become effective? What are the requirements needed for one? Which type of policies qualify for compliance?

As of October 1, 2007, a person convicted of DUI in Florida is required to maintain increased limits of vehicle accident liability coverage. The minimum amounts are $100,000 per person, $300,000 per accident of Bodily Injury Liability and $50,000 of Property Damage Liability. A single combined limit of $300,000 is also acceptable. The liability must be provided by a Florida policy. This may be a car insurance policy or an operator’s one where there is no vehicle to insure. One that insures a vehicle with less than 4 wheels does not qualify because this type does not include Personal Injury Protection coverage (PIP).

The flexibility to comply with a variety of policy types, and as policyholder or additional driver, enables the convicted driver to secure a well suited one. For example, a youthful operator will often find a lower rate as an additional driver on their parents policy. In the past, another good option was insuring a scooter which might have been as little as $100.00 for the entire year. Unfortunately, Florida no longer allows a filing with this type.

Do all drivers with a Florida DUI require FR44 insurance? How long does the requirement remain in effect?

To clear a FR44 DUI case number for license reinstatement, a driver, receiving the infraction prior to November 1st 2014, is required to provide proof that increased vehicle liability insurance in the amount of 100/300/50k was in effect at the time of the offense date or they must purchase a FR44 policy for three years from the original suspension date. After November 1st 2014 all drivers convicted of a DUI will be required to purchase and maintain a FR44 policy, which cannot be cancelled, for three years from the reinstatement date of the DUI.

When can I reinstate my license after I purchase a policy? How is the Florida DMV notified that my FR44 requirement has been satisfied? Can I receive the FR44 certificate at point of sale?

The FR44 form (certificate), is submitted by the company to Florida’s Bureau of Financial Responsibility. As required by law, they are transmitted electronically within 15 days after beginning. Companies typically transmit to the bureau at point of sale, and the DMV database will update within 24 to 48 hours allowing for license reinstatement.

Some companies, will generate a “hard copy” certificate at point of sale which can then be combined with proof of insurance and faxed to a local DMV office, from the agency or company with an identifying cover page. This is the fastest way a convicted driver can have their license reinstated.

Since companies electronically send the FR44 certificate to the State, it takes a special request to have one issued directly to the policyholder. It is usually typed, and then faxed or emailed, and typically takes up to 2 hours to get done. If you are in a hurry, find out before you buy, or even before you get a rate quote, if a certificate would be immediately available.

How much will this cost? What is the least expensive way?Is there a filing fee and reinstatement fee in addition?

There is a $25.00 filing fee for everyone. A license reinstatement fee is required for drivers that did not have increased liability limits of 100/300/50k on their policy at the time of the DUI. However, the overall cost is determined by a host of variables that are unique to each person including location, age, history, vehicle type etc. Usually, the least expensive way to secure a FR44 insurance policy is with an operators or non-owners policy which does not include a vehicle. This type of policy is not available to drivers, who have access to a vehicle, or that require an interlock device.

Can I cancel? Is the insurance company allowed to cancel? If I cancel can I replace it with another one?

As of May 4th 2012 all policies with a Florida FR44 filing are not allowed to be cancelled. Companies may only cancel during the first 30 days while determining eligibility. Naturally, there are many legitimate reasons for cancelling a policy such as, moving to another state, selling your vehicle, getting married, etc., and there is a way to cancel these policies. An endorsement to remove the FR44 filing from an existing policy can be submitted, and then that policy can be cancelled. Keep in mind that if the FR44 requirement is still in effect, the cancelled policy must be replaced or the driver license will be suspended. When canceling, you may be asked to provide a recorded sworn statement indicating your reason and how you intend to continue compliance. Naturally, when your compliance period ends during the policy period, all the restrictions may be removed from that policy.

Can I get a monthly payment plan? Does the State of Florida require full payment? Can I have more than one policy?

Because they cannot be cancelled, companies will require payment in full. Unlike the canceling provision, requiring payment in full is not a state mandate. Since companies are not at liberty to cancel a policy for non-payment, they generally will not offer payment plans. However, there are a few, in limited circumstances, that will allow a payment plan. One recently began to offer installment payment plans for all their renewing policies. Keep in mind companies provide a substantial discount when paying in full and the FR44 requirement does not eliminate that discount. There can only be one filing per driver, however, a driver can have more than one policy and this creates additional flexibility.

When will my FR44 requirement no longer be needed? How can I contact the Florida Department of Motor Vehicles?

The best way to find out is to contact the Florida Department of Motor Vehicles and have them tell you the exact date your requirement ends. I recommend contacting them by email at https://www3.flhsmv.gov/DDL/CQS/ so you have their response in writing. When you are within 60 days of ending the requirement you may carry the 100/300/50 liability without having to actually file and you will be considered in compliance. This option can be particularly helpful when starting a new policy as payment plans, driver exclusions, and all other options can be exercised.

There are thousands of homeowners associations (HOAs) and condominium associations all over Florida. The sizes and responsibilities of these groups can vary from community to community, but most of them maintain some sort of insurance policy to protect their assets.

Because of some of the extreme weather like hurricanes or flooding in certain parts of the state, insurance policies can be extremely important for HOAs and condo associations. These groups can pay significant premiums in order for the following forms of protection:

• Property Damage – This type of policy would serve to protect utilities, property, and common areas that are shared by the HOA or condo association community. In the event of a fire, flood, hurricane, or sinkhole collapse, a property damage policy would pay for the cost of repairs that can easily be millions of dollars.
• Criminal Damage – This policy could protect an HOA or condo association from graffiti, vandalism, or arson, but certain criminal policies can also serve to protect the association from fiduciary mismanagement by a board member or other officer. These policies are sometimes referred to as fidelity insurance.
• Liability Claims – A person who is injured by a slip and fall accident, malfunctioning equipment, or violent crime on that HOA or condo association’s property may file a premises liability lawsuit. This type of insurance policy can help cover the cost of any settlements in such cases.

While insurance for an HOA or condo association may be costly, it is generally seen as being a worthwhile investment. However, many boards of such associations are shocked when insurance companies fail to provide adequate compensation after a claim is filed. Some of the common problems that HOAs and condo associations encounter when filing an insurance claim include:

• Delayed payment – Florida Statute § 627.70131 specifically states that an “insurer shall pay or deny such claim or a portion of the claim” within 90 days after receiving notice of an “initial, reopened, or supplemental property insurance claim from a policyholder,” but does allow insurance companies some leeway if “the failure to pay is caused by factors beyond the control of the insurer.”
• Denial of claim – There can be various reasons for a claim to be denied, including but not limited to a lack of evidence, certain accidents not being covered by certain policies, or policies being cancelled because premiums were not paid on time.
• Inadequate settlement amount – The insurance company may undervalue a claim and offer an amount that is significantly less than the actual cost of the damage.
• Negligent defense provided in liability claims – In certain general liability claims, an insurance company could leave a policyholder stuck with a settlement that exceeds policy limits.

Insurance companies investigate claims to limit their own payouts, finding reasons that claims fall into exclusions that are not covered under certain policies. An HOA or condominium association does not have to simply accept these types of outcomes. An experienced attorney can negotiate to seek a more favorable recovery or take the insurance company to court if it fails to provide a satisfactory amount.

Purchasing a home can be a frightful experience. Imagine owning a home for 3 years, all the payments have been made on time and in full. When the fourth year rolls around, your job downsizes leaving you without work and a paycheck. If this is your fear you may be one of the millions of at-risk Americans with a subprime adjustable-rate mortgage (ARM). Which means your interest rates will rise to a much higher percentage later this year. On the other hand, you may be a prime borrower who chose a nontraditional mortgage. You may be up to date at this time on your mortgage but have a fear of company layoffs and expenses rising.

The odds of avoiding foreclosure in Florida are improving. There are now many “We Buy Houses Florida” companies who specialize in saving homeowners from foreclosure. As well there are new programs for refinancing, governmental solutions, and lenders who are willing to freeze interest rates depending on the mortgage.

1.) How Do I Avoid Foreclosure In Florida? Do Your Homework.

The reason many homeowners end up in unaffordable loans is that they either did understand the terms of the loan or were swindled by loan sharks. “A good portion of the people we see are folks who received loans they should never have gotten in the first place,” says Phyllis Salowe-Kaye of Citizen Action a large mortgage crisis counseling agency. Are you someone who was uninformed when entering into your mortgage? Now is the time to make sure you do not make that mistake again. For avoiding foreclosure in Florida counseling here is a list provided by the U.S. Department of Housing and Urban Development. Many other websites provide free advice for distressed homeowners on their attorney general, banking department or housing finance agency websites.

2.) Contact Your Lender Immediately

If your credit has already gone down the drain, you will lose leveraging power. Also, for those who do not yet have a credit problem, there are new programs for avoiding foreclosure in Florida. Project Lifeline has six major lenders (Bank Of America, Citigroup, Countrywide Financial, JP Morgan Chase, Washington Mutual, and Wells Fargo) who have agreed to suspend the foreclosure process for 30 days for qualified borrowers seeking to keep their homes in the Sunshine State.

3.) Open All Mail From Lenders

Subprime Lenders offer a reset of ARM mortgages through the mail months before the interest rate is scheduled to reset.

4.) Be Patient

“Too many people are trying to resolve the problem with quick takeaway advice,” says Salowe-Kaye. ” The fastest way to relief from a mortgage is through a “We Buy Houses Florida” for more information click the link. For those who are willing to wait an eternity for a resolution, William Sanchez of Tampa Bay Community Development Corporation in Clearwater, Florida has advice for you. He reports, “You cannot get this resolved with one phone call.” Helplines are jammed, it can take an eternity to reach the person servicing your loan, and it’s impossible to know how many homeowners will actually hang on to their homes. Still, “lenders are definitely more willing to work out plans.” Be prepared to be dogged by experts and options from your lender.

5.) Contact A Free Or Low-Cost Housing-Counselor

For HUD-certified counselors that assist homeowners with avoiding foreclosure in Florida visit the U.S. Department Of Housing and Urban Development.

6.) Get A Qualified Expert To Help You Navigate The Foreclosure Process

Do not stop at a housing-counselor the very next number you should be calling is a foreclosure attorney. Ignore lawyers advertising “quick fixes” on tv, the internet, or telephone calls. The only quick fix is selling your home fast to a “We Buy Houses Florida” company. They are the only company you can trust who will give you a free consultation and help you navigate the foreclosure process. To find a lawyer you can trust, contact Legal Services Corp.

If your income level is low enough they will connect you with an affiliated agency. Call the Florida State Bar Association and search for a county bar association for further assistance.

7.) You May Be Eligible For Special Assistance.

The federal FHASecure program may be able to provide a refinance option with a fixed rate for homeowners who have an adjustable-rate mortgage and a good credit rating. Current and former members of the military who have served within the past 90 days may be eligible for the Servicemembers Civil Relief Act offering foreclosure protection.

8.) Bankruptcy Is Not The Easy Way Out

Under the current laws of the State Of Florida, bankruptcy can halt or slow foreclosure. Seek legal advice from a trusted source before proceeding. Bankruptcy judges are not permitted to restructure debt owed on a mortgage covering a primary residence. “Borrowers can file Chapter 13 bankruptcy, which will put a temporary hold on a foreclosure action. The problem is that in order to sustain the Chapter 13 plan, a borrower in a high-cost mortgage has to be able to make payments in the mortgage going forward, and also to pay off a percentage of the arrears and other debts each month,” says Josh Zinner of the Neighborhood Economic Development Advocacy Project in New York. More so consider that relief programs such as Project Lifeline, are not available to borrowers who have entered bankruptcy.

9.) Keeping The Payments Current Is The Most Important Factor of Avoiding Foreclosure In Florida

Mindy Wright, a housing counselor in Elyria, Ohio, says people often make the mistake of paying off credit cards bills before making their monthly mortgage payment. People do this because credit card companies call them immediately and often use threatening tactics to get the borrower to pay. Banks, however, take a long time to communicate and solely communicate through the mail. Once the borrower receives the notice of default in the mail it is already too late. The borrower now owes interest and late fees on top of the payments past due. Typically lenders will not contact their borrowers until 60 to 90 days have passed. Credit card companies will harass you day and night until the late payment is up to date. Wright advises homeowners to put off the credit card companies and pay their mortgage payment first. “If you don’t pay the credit card bill, it might ruin your credit score, but a foreclosure will impact your credit score far more negatively-plus you won’t have a place to live,” she says.

10.) Fasten Your Seatbelt.

Rid yourself of luxuries such as cable and Netflix. Doing so will give you bargaining power when sitting down for a negotiation. Being willing to bring any money to the table and willing to cash in assets such as jewelry or a car will play in your favor. “Servicers want to see you make sacrifices. Show some effort,” says Michael van Zalinger, director of home ownership services for Neighborhood Housing Services of Chicago. When talking to the bank be sure to assemble pay stubs, benefit statements, and tax returns.

11.) Familiarize Your Self With Mortgage Workouts Aimed For Avoiding Foreclosure In Florida

The best solution would be to refinance into a long-term mortgage spreading out the late payments over time and raising the interest rate slightly. This option requires good credit and is rarely applicable for the average homeowner in Florida. You also may not be able to afford the fees involved. Alternatives would be a repayment plan or a loan modification.

The first resort that actually pays you would be to sell your house to a “We Buy Houses Florida” company.

Sometimes when people hear the words child custody they might automatically believe that this means that mothers or one parent automatically get custody of a child while fathers or the other parent wind up just being visitors. While this may have been true in limited instances many years ago the truth is that this is not accurate or correct. Florida laws have changed over the years and Florida judges realize that such rulings are usually not in the best interest of the child or children. At the end of the day Florida judges are legally obligated to do what is in the best interest of children when it comes to a child custody battle.

Research over the years has shown that both parents play an extremely important role in children’s lives. For that reason, it is now more common for parents to share custody of their children. In fact, the state of Florida amended its laws in 2008, getting rid of the terms “primary custody” and “sole custody” in exchange for the term “parenting plan.”

Under this revised Florida legislation, parents in Florida are expected to work together to come up with a parenting plan that is in their children’s best interests. Of course, this isn’t always an easy thing to do, even when both parents truly do want what’s best for their children.

That’s when parents can turn to an experienced Orlando Family Attorney for help and guidance.

An experienced Orlando Child Custody Attorney can represent a parent’s interests and rights while working toward a settlement through negotiations or mediation, or in court if the parents are not able to reach an agreement that is in the best interest of their children.

When a case does go to court, the judge presiding over the case considers 20 statutory factors in determining a proper parenting plan. An experienced Orlando family law attorney can help gather evidence and testimony that supports his client’s case in light of these factors.

Child custody is one of the most emotional and highly contested matters in Florida family law because the stakes are so high. Additionally, both parents now have to demonstrate to the court why they should be awarded more time with the children or more authority since mothers are not automatically given primary custody.

An Orlando Family Attorney with years of experience can be extremely helpful to parents who are in the fight to remain an important part of their children’s lives.