DPBR Complaint: You received a Uniform Complaint. What do you do now?

The Division of Professional and Business Responsibility (DBPR) is the Florida agency responsible for regulating many licensed professionals through its multiple divisions including contractors, real estate professionals, architects, engineers, and much more. A member of the public can submit a Uniform Complaint form, or the Department may initiate a investigation. If the Department believes that … Read more

Auto Insurer Cannot Retain Premium Paid to Reinstate After Non-Payment Cancellation and Deny Coverage for Accident Occurring during Cancellation Period

Even if an insurer maintains right to deny coverage or to rescind a policy or its reinstatement, it cannot have its cake and eat it too. When an insured reinstates a policy after cancellation for non-payment, the insurer cannot deny coverage and retain premium paid for the time period covering the loss event. Florida law … Read more

Construction Qualifying : No, your Qualifier doesn’t need an ownership interest in the Qualified Business.

There is no requirement for a qualifier to own a percentage of the qualified business. There is no requirement that the qualifier of your construction business must have an ownership interest in your company in order for the DPBR to approve the qualification of your business. This misconception arises from the supervision requirement imposed by … Read more

Qualifying a Construction Business in Florida: How much should the Qualifier be paid?

Oftentimes, Qualifiers ask the firm when preparing their Qualifier Agreements, “How much should I get paid?” While, there is no clear answer to this question, there are some things to consider . First and foremost, a qualifier should ask himself/herself how many hours do I expect to work each week to dutifully perform my work … Read more

Corporations Need Attorneys to Obtain Writ of Possessions in Foreclosures and Evictions

If your rental property is owned in a corporate name, you may need an attorney to handle any contested eviction to evict a non-paying tenant. Even through Florida’s small claims rules permits representation of a corporate entity by an employee, if you are seeking possession of the rental property (eviction), that is not within the … Read more

Attorney Andrew Douglas Sworn in as Broward County Traffic Hearing Officer

FORT LAUDERDALE, FLORIDA – (December 28, 2018)  Andrew Douglas, P.A., proudly announces that on December 5, 2018 its principal attorney Andrew Douglas was sworn in as a Traffic Hearing Officer for the Seventeenth Judicial Circuit in and for Broward County, Florida. In addition to his litigation practice, Attorney Douglas will adjudicate traffic infraction matters at … Read more

Fraud, Fraud in the Inducement, the Independent Tort Doctrine, and the Confusion in Florida Courts

Fraud in the context of contractual relationship brings with it a tricky set of issues that even some Florida Courts fail to fully understand and appreciate. Florida Courts acknowledge the long-standing independent tort doctrine which provides which states in relevant part from Indemnity Ins. Co. of North America v. American Aviation, Inc., 891 So.2d 532, 536-537 … Read more

Personal Liability for Fraudulent Lien or Slander of Title for Lien filed on Behalf of Business, Not So Fast.

Executing a lien on behalf of the contracting entity does not create individual liability. See BRUCE TANSEY CUSTOM CARPENTRY, INC. v GOODMAN , 33 So.3d 70, (Fla. 2nd DCA 2010), “Even if the complaint had alleged that Tansey was individually liable, the evidence did not support individual liability where Custom Carpentry was the lienor and Tansey signed … Read more