South Florida Trial Practice | Florida Trial Litigators | Fox Rothschild Law Firm

Time 2020-10-20 18:03:50

Web Name: South Florida Trial Practice | Florida Trial Litigators | Fox Rothschild Law Firm

WebSite: http://southfloridatrial.foxrothschild.com

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Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.Florida finally issues regulations that permit the sale of edible cannabis products.  See my post at Fox’s In the Weeds.Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com. I ve posted about Emotional Support Animals ( ESA ) before, see my posts here , here and here.   I keep coming back to this topic because emotional support chickens, peacocks on planes and little dogs at the grocery store (a common sight in Florida during the winter season) fascinate me.   Now comes news that Florida Governor Ron DeSantis has signed into law a bill that may end up limiting ESAs at your local condo complex.SB 1084 , was signed by Gov. DeSantis on June 23, 2020, and provides for the following changes to Florida Housing Law:Section 817.265 of the Florida Statutes is amended to provide that a person who falsifies information or written documentation or who knowingly provides fraudulent information or written documentation to obtain an ESA or otherwise knowingly and willfully misrepresents himself or herself as having a disability or a disability related need for an ESA commits a misdemeanor of the second degree.Section 456.072 of the Florida Statues is amended to provide that  a health professional who provides information, including written documentation, indicating that a person has a disability or which documentation supports a person’s need for an ESA without personal knowledge of the person’s disability is subject to disciplinary action.SB 1084 further amends Section 760.27 of the Florida Statutes to defines an ESA as “an animal that does not require training to do work, perform tasks, provide assistance, or provide therapeutic emotional support by virtue of its presence which alleviates one or more identified symptoms or effects of a person’s disability.”SB 1084 also provides cover for home owner or condo associations to deny a reasonable accommodation request for an ESA if the animal being requested poses a “direct threat to the safety or health of others or poses a direct threat of physical damage to the property of others which threat cannot be reduced or eliminated by another reasonable accommodation.”SB 1084 permits home owner or condo associations to request supporting information for the ESA if a person’s disability is not readily apparent.Additionally, the practitioner or provider of the supporting information for the ESA must have personal knowledge of the person’s disability and must be acting within the scope of his or her practice.If a resident requests more than one ESA, he or she must provide supporting information for each animal.The association may also require proof that each ESA is properly licensed and vaccinated.Persons with ESAs are liable for any damage done to the premises or to another person by the ESA.No fee will be required for ESAs under SB 1084.This new law was mainly the result of many years of efforts from  the Florida Realtors group.  Realtors have been concerned about the continued use of ESA Certificates that can simply be downloaded after a purchase from on-line providers who have no relationship with the resident seeking the ESA.  Additionally, the recent explosion of ESAs  requested by condo or apartment residents has basically nullified the ability for landlords or residents (who may have allergies or other issues) to designate a housing complex as pet or animal free.It will be interesting to see the litigation that will likely spin off as a result of this new law as the issue of ESAs is certainly not yet settled.  And, this new law doesn t address ESAs in restaurants or stores (which are already not permitted, but often confused for service dogs or animals).Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com. With talk about allowing some businesses to reopen, employers will need to plan for employees to return to in-person work.   Some of those employees will likely be those who have previously tested positive for COVID19.See this post from Fox s  Randall C. Schauer, explaining the guidance for how and whether to bring COVID19 positive employees back to work. Confused about the loan options under the Coronavirus Aid, Relief and Economic Security Act (CARES Act)?  Our learned colleagues have created a summary Comparison of SBA Loan Programs Under Economic Injury Disaster Loan (EIDL) and Paycheck Protection Program (PPP) that may provide you with the answers seek! Fox Rothschild LLP has established a coronavirus resource center.  If you have questions regarding new paid sick leave obligations, whether your business is essential or not, or how to address data protection obligations while you work from home, please check our resource center.The resource page will be updated frequently with links to free webinars, alerts and blog posts. Bookmark this page and visit regularly for new and updated information. According to the American Hotel Lodging Association, Florida has more than 440,000 hotel rooms and more than 3700 hotel properties.  Those numbers are not surprising considering Florida is number 2 for tourists visits in America.  Yet, among the sunny beaches and palm trees there lurks a dark side of Florida s tourism industry human trafficking.   For example, while Miami recently hosted the SuperBowl , officials, volunteers and law enforcement were on the alert for human trafficking.While the  Federal Trafficking Victims Protection Act ( TVPA ),  was established in 2000, it has only been recently utilized to successfully hold hotels and motels liable for damages related to sex trafficking.   Accordingly, more hotels and motels, including those in Florida, are receiving lawsuits based on the TVPA.   Hotels and motels need to be aware of this law and must develop robust policies, procedures and training programs for their management and front line associates.Pursuant to the TVPA, companies that profit financially from sex trafficking or forced labor can be held responsible under this law.  Accordingly, a hotel renting out rooms to people forcing human trafficking victims into prostitution may profit financially from that activity.  Of course, hotel management and staff members are not always aware of what goes on in guests lodging rooms.  But, if a hotel ignores obvious signs of trafficking, hotel companies may be held liable by survivors of trafficking and/or prosecuted criminally for sex trafficking by the government.Below are some suggestions for best practices related to prevention of human trafficking at hotels and motels.Develop a formal policy against trafficking.Develop a protocol for response to possible trafficking.Conduct regular training on trafficking signs and the protocol for response. Train all new associates and provide regular training on a periodic basis and before high profile events.Require vehicle information and photo ID at check-in for guests.Do not rent lodging rooms by the hour and be alert when lodging rooms are paid for by cash or pre-paid cards.Consider security camera placement.  Verify that all guests and visitors who enter a hotel or motel are captured and recorded.  Use cameras at the front desk and in parking areas.Establish law enforcement contacts trained on human trafficking.  Many agencies are providing training related to this issue.Monitor online advertisements for your hotel or motel name and pictures of your lodging rooms.Change public wi-fi passwords regularly.Limit hotel entrance to one staffed area at night.  Require that associates actively greet and speak with all guests and visitors.  Require that all visitors are logged.Be alert if a guest requests a lodging room with view of parking lot.Be alert to heavy foot traffic in and out of a lodging room.Be alert to guests dressed inappropriately for the climate or age.Be alert to frequent requests for new linens and towels.Be alert to guests with signs of physical or sexual abuse.Be alert to guests with signs of poor hygiene, malnourishment, or fatigue.Be alert to guests with limited or no freedom of movement or monitored movement.Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com. About Our Firm Fox Rothschild LLP is a national law firm with 900 attorneys practicing in 27 offices coast to coast. We’ve been serving clients for more than a century, and we’ve been climbing the ranks of the nation’s largest firms for many years, according to both The Am Law 100 and The National Law Journal.Read More... This website uses cookies to improve your experience. By continuing to browse our website you consent to our use of cookies as set forth in our Cookie Policy. Learn More

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South Florida Trial Practice is written by the Fox Rothschild Litigation team and offers updates on Florida Trial Law.

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