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Labor, Employment and Benefits: Alert - February 6, 2012

The U.S. Supreme Court recently denied an employer’s request for review of a decision by the U.S. Court of Appeals for the Eighth Circuit, which held that tipped employees spending more than 20 percent of their time performing related but non-tipped duties must be paid the full minimum wage for that time, without the tip credit.

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Construction: Alert - January 30, 2012

For almost 50 years, lessors have had the ability to limit their liability for liens that arose from improvements to the leasehold made by a lessee. However, in the most recent legislative session, the Florida Legislature enacted revisions to Florida Statute § 713.10 that provide a potential pitfall for lessors by inserting a provision that may allow a contractor to lien the lessor's interest even where there is a recorded document advising of the limitation of liens.

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Public Finance
Alert - September 19, 2008
 
Florida Supreme Court Reverses Decision Regarding Referendum Approval for Tax Increment Financing
 
 September 19, 2008
 
Richard B. "Rick" Stephens- Lakeland
Edward W. "Ed" Vogel- Lakeland
Michael L. "Mike" Wiener- Lakeland

On September 6, 2007, the Florida Supreme Court held that under the Florida Constitution local governments must obtain referendum approval to issue bonds with a term of more than one year and that are secured by a pledge of tax increment revenues. Strand v. Escambia County, 32 Fla. L. Weekly S550a. The decision receded from 27 years of legal precedent that had previously interpreted the applicable constitutional provision.

On September 18, 2008, the Florida Supreme Court withdrew its previous opinions and issued a substitute opinion. The substitute opinion reverses the opinion delivered on September 6, 2007, and recognizes the long-standing holding in State v. Miami Beach Redevelopment Agency, 392 So. 2d 875 (Fla. 1980), which held that tax increment financing does not involve a pledge of ad valorem taxes and therefore referendum approval is not required under the Florida Constitution.

Click on the following links to view a copy of the opinion and order:

Opinion: http://www.floridasupremecourt.org/decisions/2008/sc06-1894.pdf

Order: http://www.floridasupremecourt.org/decisions/2008/sc06-1894order.pdf

For more information, contact:

Mark Raymond
561.650.8349
mark.raymond@hklaw.com

Rick Stephens
863.499.5351
rick.stephens@hklaw.com

Ed Vogel
863.499.5356
ed.vogel@hklaw.com

Michael Wiener
863.499.5362
michael.wiener@hklaw.com

toll free: 1.888.688.8500


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