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The Internet of things

The Internet of things

  • Posted: Mar 23, 2017
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The telecommunications industry says the upgrades are needed by 2020 to meet the demand for faster internet speeds, smart cities, driverless vehicles, instantaneous 3D downloads, the “Internet of things” where machines talk to machines, and more.

The battle between infrastructure needed for fast digital service and property rights may soon come to communities across Palm Beach County. Right now, it’s playing out in Tallahassee courtesy of legislation before lawmakers.

“It’s a ticket for multi-billion dollar wireless communication companies to come into a city and do as they please in city right of ways,” said Riviera Beach Councilwoman Dawn Pardo.

The brewing fight is over technological advances. First there was 1G wireless technology, for “first generation,” and as telecommunications technology evolved, 2G, 3G, 4G and 4G LTE came to be. Now 5G, a fifth generation network technology allowing greater connectivity at higher speeds for many more devices, is on its way.

To place the infrastructure needed for 5G service, a proposal pending in the Florida Legislature would limit state and local control of public rights-of-way where the 5G equipment is being installed.

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Floridian Partners LLC- Government Relations & Public Affairs

Floridian Partners LLC- Government Relations & Public Affairs

  • Posted: Feb 29, 2016
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Connected. Experienced. Successful.   We maximize our experience and strengths with a proven successful bipartisan philosophy. We work collaboratively across with key stakeholders and influencers bring solutions to our clients’ issues. Our high ethical standards root the Floridian Partners’ team. We have a team-oriented culture that places the client’s needs first. At Floridian Partners, we operate as a team, so when a client hires us in one region of Florida; they have all the resources of our entire group rather than that of a single individual. Another benefit of our team approach is our ability to bring together highly qualified and experienced professionals who work tirelessly for our clients. Our collegial approach assures our clients the depth and breadth of the Floridian Partners experienced team and helps us produce significant results. At Floridian Partners, we draw upon our experience and relationships to develop and implement targeted and effective strategies on behalf of our clients.   “navigate the process + access decision makers + influence outcomes” Every day in Florida elected officials and government employees are debating issues that could profoundly impact the way you do business. Every legislative session, county commission or city council meeting is an opportunity for elected officials to change existing laws and regulations or make new ones. We have spent decades building and nourishing relationships on both sides of the aisle, and our partners and associates have experience at high levels in government and politics. As a result, our firm has a broad scope of subject matter expertise and the relationship reach to access decision makers at every level. We use those relationships and our political know-how to produce successful outcomes. We understand that our success is measured by your success, and we don’t rest until the job is done.   “storytelling + visual presentation + break through the noise + target your audience” We work to craft a message, test it, perfect it and then deliver it in a thoughtful and meaningful way. Our communications approach is always personalized and tailored to fit the specific needs of our clients. We utilize tactics that best fit your resources, and whether it be a well-authored speech, a digital media campaign, newspaper editorials, television ads, an impactful interview, or a combination thereof, we drive the conversation and narrative for you and your issue. Ft. Lauderdale Office 1512 E. Broward Blvd Ste 101 Fort Lauderdale, FL 33301 Phone (954) 779-2734 Miami Office 235 Catalonia Avenue Coral Gables, FL 33134 Phone (305) 461-4260 Tallahassee Office 108 South Monroe St. Tallahassee, FL 32301 Phone (850) 681-0024…

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LEGISLATURE: Less is Not Always Best Significant Changes to the Commercial Condominium Regime

LEGISLATURE: Less is Not Always Best Significant Changes to the Commercial Condominium Regime

  • Posted: Feb 21, 2016
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LEGISLATURE: Less is Not Always Best Significant Changes to the Commercial Condominium Regime Recently, several new laws went into effect that only affect commercial condominiums. While only a few of these changes make sense, most do not and illustrate the significant misunderstanding of the need to protect all condominium unit owners without regard to whether the condominium is residential or commercial. Remember, before you get too excited, this article only addresses changes to COMMERCIAL, and NOT residential condominium associations. Why our Florida legislators have determined that unit owners of commercial condominiums are not entitled to the same protections as owners of residential condominiums shall forever remain a mystery. If you own a unit in a commercial condominium, you need to be aware of these important changes. There is no longer any protection for an owner of a minority of units in a commercial condominium, WHATSOEVER! In other words, there is no equality – whoever owns the most units or the most square footage is “King of the Condo”, FOREVER AND EVER AND EVER AND EVER AND EVER!!!…

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Miami’s Pit Bull Ordinance is Preempted by FHA

Miami’s Pit Bull Ordinance is Preempted by FHA

  • Posted: Feb 21, 2016
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Miami’s Pit Bull Ordinance is Preempted by FHA By: Alessandra Stivelman, Esq.   The Federal and Florida Fair Housing Acts (the “FHA”) do not provide sufficient guidance as to what information a community association can request to verify a resident’s need for an emotional support animal (“ESA”). Since many associations have had negative experiences with residents attempting to take advantage of the lack of clarity in the law, some associations are now adamant about demanding absolute proof of a resident’s need for an accommodation and, in doing so, may go beyond the scope of a reasonable inquiry. In the last few years, while case law has provided some clarification, there still remains uncertainty as to an association’s obligations when reviewing reasonable accommodation requests.   Until recently, the law did not address whether an association could approve a pit-bull breed as an ESA in Miami-Dade County. This question recently arose in the case of Warren v. Del Vista Towers Condominium Assn., Inc, pending in the United States Court for the Southern District of Florida. The case involves an individual who allegedly suffers from Severe Recurrent Major Depressive Disorder and Post Traumatic Stress Disorder. Upon submitting a request to the Association along with a letter from his treating psychiatrist requesting a reasonable accommodation to maintain a dog within his Unit, Mr. Warren alleges that he was intimidated by the Association’s property manager and received a letter from the Association’s attorney advising that the Association had contacted his treating psychiatrist directly demanding more information.   Along with other counts against the property manager and the management company, Mr. Warren filed a complaint contending that the Association failed to reasonably accommodate his request for maintaining an ESA in the Condominium and requested unnecessary, invasive details about his medical history. Mr. Warren’s attorney had timely replied to the request for information from the Association reiterating that the original letter from his treating psychiatrist verified his diagnosis and his disability related need for an ESA. Mr. Warren’s attorney also explained how his dog assists him with coping with his disability by providing unconditional affection, comfort and emotional support.   Alessandra Stivelman of Eisinger Brown Lewis Frankel & Chaiet in Hollywood focuses her practice on community association and real estate law….

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This year’s legislative session looks to be moderately busy…

This year’s legislative session looks to be moderately busy…

  • Posted: Feb 21, 2016
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This year’s legislative session looks to be moderately busy with many proposed community association bills.   This year’s legislative session begins on March 4, 2014 and ends on May 31, 2014. If you think all of the “bills” are drafted during the 60 day legislative session, think again. January 24, 2014 was the deadline for submitting requests for drafts of general bills, including requests for companion bills, and February 28, 2014 at 5:00 P.M. was the deadline for approving final drafts of general bills, including companion bills. After the conclusion of the legislative session, the Governor can veto the bill, do nothing (which allows the bill to become law on its effective date), or sign the bill into law (in which case the bill may spring into law, or will later become law on its effective date, as set out in the bill). If the bill was vetoed by the Governor, then a two-thirds vote in both the Florida Senate and House is required to override it. This year’s legislative session looks to be moderately busy with many proposed community association bills.   Senate Bill 798 (SB 798) includes many changes to existing law. Leasing amendments to a condominium declaration would not apply to those who vote against the amendment, but, obviously, would apply to those who vote in favor of it, and in contrast to today’s legislation, would be applicable to those who do not cast a vote at all. A condominium association would be granted the authority to enter the unit to inspect abandoned units and make certain repairs and even to turn on power to the unit to run the a/c to prevent mold. Provisions are included for the appointment of a receiver to collect rent.   Oddly, SB 798 provides that “a [condominium board] member may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail.” Likely, this provision was created with the best of intent, but hopefully will be deleted or tweaked to make better sense. At present, board members cannot vote by e-mail, but sometimes in a true post-casualty emergency, e-mail may be the viable means of communication for some board members. It is also patently obvious that everyone, even board members, may use e-mail to communicate. The question is whether such communication by the board majority constitutes a board meeting. Of course, SB 798 does not grapple with that important and very relevant issue. It’s early in the session, so let us all hope this provision gets eliminated, or edited, to be of greater value. On the brighter side, SB 798 also allows board members to vote via video conferencing rather than just on a speakerphone, as presently exists.   Clarification is added to foreclosure legislation affecting condominium, cooperative and homeowner associations to provide that a subsequent owner is jointly and severally liable with the previous owner for not only unpaid assessments, but also interest, late fees, reasonable costs and attorney fees incurred by the association incident to the collection process. Further clarification is provided to make clear that, in the event the association owned the unit, the subsequent owner may still have liability for the period prior to the association’s ownership.   Outgoing board members are required to relinquish all association records within 5 days. If not, civil penalties may be incurred. The deadline for financial reporting is increased form 60 days from the conclusion of the fiscal year, to 90 days along with an additional 30 days to provide the report to the owners.   Cooperatives and homeowner associations are granted new emergency powers and many of the bill’s legislative amendments to Chapter 718, Florida Statutes, the “Condominium Act”, would also apply to Chapter 719, Florida Statutes, the “Cooperative Act.”   House Bill 425 (HB 425) makes numerous clarifications to the Condominium Act to clarify many of its provisions apply to residential condominiums only. Obviously, the sponsor of HB 425 is asserting that the scheme for protections and safeguards of unit owners in residential condominiums is not necessary for unit owners of both commercial and condo-hotel ventures. Rather than carve out the parts of the Condominium Act that do not apply, the state would be far better served by a new chapter of laws to govern non-residential condominiums.   House Bill 7037 (HB 7037) addresses community association managers and would, in essence, allow managers to do many activities which are, by today’s standards, considered the practice of law. The type of activities that would not constitute the “unlicensed practice of law” would include, to name a few, calculating the number of votes to adopt an amendment (sometimes, a very complicated task requiring legal interpretation), negotiating contracts regardless of the type of contract, preparing pre-arbitration demands and preparing liens. Ultimately, given the overly broad provision of HB 7037, it could be interpreted to mean the manager is lawfully able to perform all tasks to ensure compliance with the community’s governing documents. Reprinted with Permission from Jeffrey A. Rembaum Kaye Bender Rembaum – ATTORNEYS AT LAW – 1200 Park Central Boulevard South, Pompano Beach, Florida 33064 Tel: 954.928.0680 Fax: 954.772.0319 Toll Free: 800.974.0680 9121 North Military Trail, Suite 200, Palm Beach Gardens, Florida 33410 Tel: 561.241.4462 Fax: 561.223.3957 Toll Free: 800.974.0680  …

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