Selected Laws

Archive for the ‘Florida Law’ Category

Foreclosures by the Florida counties usually end in a tax deed sale. The foreclosure process was initiated due to the property owner’s failure to pay the property taxes owed to the local county.

In Florida the counties give the property owner ample notice to pay, and when the owner fails to pay the taxes the county then issues a lien against the property for the taxes owed.

The lien is then auctioned to the highest bidder – usually online – at a tax lien sale. A tax lien is different from a tax deed as the lien only entitles the lien investor to the interest and penalties that accrued to the lien. A lien does not give a tax lien investor immediate title to the property.

However, if the lien is not redeemed by the property owner the lien investor will often apply for a deed to the property, but unfortunately has little guarantee of receiving it, as Florida law requires that after a two-year grace period given to the property owner to redeem the lien, the property must then go to a fair and equitable public auction at a tax deed sale. This often means substantial competition for the lien holder.

In most cases the property is sold to a third party and the lien holder/investor does not receive the deed, only the profits made on the lien. This is one advantage that the tax deed investor has over the tax lien investor.

Another advantage that the tax deed investor enjoys, and which is stated in Florida law, is the strong security of the tax deed. A tax deed is equal to a quick claim deed in that the county is stating that they no longer have any claim against the property. If no other person comes forward to make a claim to the property, then the tax deed entitles the new owner to a free and clear title to the property.

If the deed is later challenged by a claim against the new owner, and the issuance of the tax deed, the statues under Florida law definitely favors the new owner who acted in good faith. Substantial penalties and legal disadvantages are enacted against the claimant, or as is usually the case, the former owner.

By way of example, let’s take a disgruntled owner who lost their property due to their failure to pay the taxes, and then decides to sue the new owner to recover the deed. Florida law states that if they win the case and they recover the deed, which is rare, they must pay all the legal fees of the innocent tax deed investor, plus refund all the money the new owner paid at auction, any money the new owner spent on any improvements made to the property, plus substantial interest and penalties! Ouch!

In other words, Florida law takes a very dim view on the aggravation the former owner will bring to the new owner, who acted in good faith — as opposed to the former owner who acted in bad faith.

What the state of Florida is saying to those who challenge the legal issuance of a tax deed is – ‘we made it easy for you to pay your taxes in giving you a two-year grace period to do so, and after we were forced to sell the property to someone who is willing to pay the taxes, we are not now going to make it easy for you to challenge that decision’.

The security of the Florida tax deed provides an advantage to the investor interested in investing in Florida tax deeds, over other states with perhaps less secure laws. Invest in Florida Tax Deeds.

We all feel confident that we’ll be taken care of if we are hurt on the job. After all, laws have been put in place to protect workers, right? Not always! The Miami Herald reported recently that 24 firms in South Florida were closed down due to violations of the Florida workers compensation laws. These closures were part of a state-wide sting operation that led to the closure of 70 businesses across the state. Through random visits to the companies, officials found that these firms had failed to provide workers’ compensation insurance for their employees.

Assuming you are covered by your company, there are still many details and rights to be aware of when filing a Florida workers compensation claim:

To avoid the risk of having your workplace injury claim denied, report it to your employer as soon as possible, but no later than 30 days after the injury occurs.
After you report to your employer, they are required to report your injury to their insurance company within seven days. The insurance company must give you an informational brochure that outlines your rights and responsibilities concerning your injury.
Section 440.185 of the Florida Statutes gives you the right to report your injury yourself if your employer will not report the injury to their insurance company.
You must choose a provider from a list of authorized medical providers in order to get coverage for medical care, prescriptions, and treatment for your injury. This list is either available through your employer or through their insurance company.
If you are not happy with your treatment, you may petition for a one-time change of physician, but, since you can only change providers once, exercise this right carefully.

What about your job? Will your employer hold your position for you? What if you can not go back to the same job you held before your injury?

Florida workers compensation laws specify that you will not be paid for the first seven days of work-related disability, however the insurance company might pay you if your disability lasts more than 21 days.
Florida law does not require your employer to hold your work position for you until you are released to work again, however you may be protected under the Family Medical Leave Act..
You are entitled to vocation counseling, transferable skills analysis, job-seeking skills, job placement, on-the-job training, and formal retraining (all at no cost to you) if you can not return to the type of work you did before your injury.
Be careful if you settle your claim for medical benefits with the insurance company! If your condition gets worse after you have settled, you are responsible for your future medical needs and bills.
Injured workers have the right to hire an attorney to help make sure their rights are protected and their injuries are properly compensated. Be sure to hire an experienced Florida work accident compensation lawyer: the Florida workers compensation laws are complex and go through an annual amendment process in the Florida Legislature.

Florida state law says construction-related companies must have workers’ compensation coverage if they have one or more employee, including the owner. Other businesses must have the coverage if they employ four or more employees, excluding business owners. Are you certain that your company is watching out for you by providing Florida workers compensation coverage?

For more Florida workers compensation information, contact Florida work accident compensation lawyer Joseph M. Maus at 1-866-556-5529, log on to his website at www.mauslawfirm.com, or email him today.