April 2021

Florida boasts the longest coastline in the contiguous United States, and “waterfront” property, for many, is one of the most desirous features of real estate in Florida. Ownership of waterfront property that abuts navigable bodies of water (i.e., waters which, by reason of their size, depth, and other conditions are navigable for useful public purposes) also carries with it certain riparian or littoral rights, including the right to construct a dock, pier or wharf. (In this article, I will use the term “riparian” broadly, to include both riparian and littoral rights, as consistent with customary usage in Florida courts.)

What happens when a property owner’s waterfront rights interfere with those of an adjoining property owner?

In the case of 5F, LLC v. Hawthorne, 2D19-2574, the Florida Second District Court of Appeals answered this question in a decision issued on February 26, 2021. As of the writing of this article, there is a pending motion for rehearing, so the ultimate disposition of the case is not yet final.Continue Reading Florida Appeals Court Rules in Favor of Waterfront Property Owner, Despite Neighbor’s Objection and Demand for Payment

Earlier this week, Florida Governor Ron DeSantis signed S.B. 72 into law, which grants some civil immunity to business entities against plaintiffs bringing COVID-19 injury and wrongful death claims. A review of the impact S.B. 72 has on business entities and civil claims is provided here. The bill applies to “certain business entities,” in recognition of the public interest as a whole served by

providing relief to these business … so that they may remain viable and continue to contribute to this state.”

Among other types of businesses included in the definition of “business entities” are corporations not-for-profit under Sec. 617.01401, Fla. Stat. Based on a plain reading of the law, this would include condominium and homeowners’ associations, although it remains to be seen how the application of the law will be interpreted as it percolates in Florida courts.

Sigh of relief

Continue Reading New COVID-19 Civil Immunity Law Provides Relief to Florida Condo and HOAs