Florida Bar Journal articles from November 2004

Florida Bar Journal archives from November 2004

The bar's legislative lobbying policy. (Florida State Bar) (President's Page)
November 1, 2004... One of the most frequently misunderstood and therefore controversial areas of Bar operations is its legislative activities. The Bar's legislative program is guided by carefully crafted rules and policies that seek to comply with various court...

Young Lawyers Division mobilizes to help Hurricane victims.(Florida)
November 1, 2004... Imagine losing your home down to the concrete slab. Imagine being left with only the clothes on your back. Such was the devastating reality for a dozen coworkers of The Florida Bar's Young Lawyers Division Board Member Julie Jones, at Gulf...

Electronic access to court records: a virtual tightrope in the making.(Florida)
November 1, 2004... The ability to retrieve scanned records (1) such as pleadings and documents contained in court files by logging on to the Internet seems like an idea whose time has come. Attorneys can enjoy the convenience of having almost instant access to...

Getting ready for HIPAA security.(Health Insurance Portability and Accountability Act of 1996)
November 1, 2004... Recent federal HIPAA privacy rules are the most significant event in healthcare since Medicare and Medicaid because they affect so many healthcare providers and patients. Their vast coverage extends well beyond their intended "covered...

Principles and pitfalls of preservation of error.
November 1, 2004... Appellate courts are reactive, addressing only errors on matters actually ruled upon by the lower tribunal. (1) "In the absence of jurisdictional or fundamental error, it is axiomatic that it is the function of the appellate court to review...

"What do you mean you're not ready?" The Impact of State v. Naveira on a defendant's right to a speedy trial.(Florida)
November 1, 2004... The Florida Supreme Court recently held in State v. Naveira, 29 Fla. L. Weekly S169 (April 22, 2004), that the state may file an information or indictment and provide discovery, on the last day of the 175-day speedy trial period, without worry...

Florida's new good faith duty on an insurer not to settle.
November 1, 2004... What does a liability insurance company do when faced with multiple, competing claims, any one of which would exhaust the limits of its insured's policy? Can the insurer settle the first few of those claims that clearly appear to be legitimate...

The high cost of arrestee medical treatment: the effects of F.S. (section) 901.35 on local government coffers.(Florida Statutes 901.35)
November 1, 2004... One need only peruse a newspaper or switch on the evening news to be alerted to the medical insurance crisis facing America. Florida's local government entities are among those institutions wrangling with increased premium rates, reductions in...

Qualified dividend income under the 2003 Tax Act: this article discusses the basics of QDI, including corporations eligible to pay QDI and the required stock holding periods.
November 1, 2004... The 2003 Tax Act (1) reduces federal income tax on Qualified Dividend Income (QDI) by throwing it into the net capital gain calculation for capital gains and losses. A taxpayer's net capital gain will now be taxed at five percent if the...

Desert Palace, Inc. v. Costa - does McDonnell Douglas survive? A significant new chapter has been written in the evolution of the methods of proving discrimination in the unanimous Supreme Court decision of Desert Palace, Inc. v. Costa.
November 1, 2004... In the nearly 40 years of history of Title VII of the 1964 Civil Rights Act (1), lawyers and courts have devoted a large portion of their efforts to arguing and deciding what proofs are required to establish an "unlawful employment practice,"...

Minimizing a personal representative's personal liability to pay taxes: part 1 describes tax returns, tax payment obligations, and ways in which a PR can be held personally liable for failing to adhere to the applicable federal and state requirements.(part 1)(personal representative)
November 1, 2004... A Personal representative ("PR") of a Florida probate estate must be fully cognizant of his or her obligations to file tax returns and pay taxes on behalf of the decedent and the decedent's estate. These obligations are numerous and include...

What defines income under F.S. Ch. 61: from a business perspective.(Florida Statutes ch. 61)
November 1, 2004... The importance of the precise calculation of income during the course of family law proceedings cannot be overstated. As the Fifth District Court held in Brock v. Brock, 690 So. 2d 737 (Fla. 5th DCA 1997), "the extent of the parties' income...