Insights — Black Law P.A.

Civil Practice · September 11, 2026

Suing for Defamation in Florida Is Harder Than It Looks: Just Ask Stephen Belafonte

The Southern District of Florida's September 9, 2026 dismissal of Belafonte v. Brown, No. 1:24-cv-22045, illustrates the threshold hurdles that decide most Florida defamation cases: personal jurisdiction over a nonresident speaker, the two-year statute of limitations under § 95.11(5)(h), the single-publication rule under § 770.05, the pre-suit notice requirement under § 770.01, and anti-SLAPP exposure under § 768.295. A practitioner's guide for Florida businesses and professionals whose reputations are being damaged.

By Kelsey Black, Esq. · 5-minute read · For Florida business owners and professionals

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Healthcare · September 9, 2026

Does My Med Spa's Medical Director Have to Be a Plastic Surgeon or Dermatologist? A Florida Follow-Up

A follow-up to our earlier Medical Director piece. For most Florida med spa supervisory arrangements, section 458.348(3)(c), Fla. Stat., requires the physician to be board certified or board eligible in dermatology or plastic surgery, limits the physician to one such office in addition to the primary practice, and imposes geographic proximity requirements (25 miles or a contiguous county, max 75 miles). What the statute actually says, when it applies, and how it changes the practical answer to the question med spa owners keep asking.

By Kelsey Black, Esq. · 8-minute read · For Florida med spa owners, physicians, and investors

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Federal Practice · September 9, 2026

Zafirov Reversed: The Eleventh Circuit Upholds the FCA's Qui Tam Provisions

On September 1, 2026, the Eleventh Circuit decided U.S. ex rel. Zafirov v. Florida Medical Associates, LLC, No. 24-13581, reversing the Middle District of Florida's 2024 ruling that had struck down FCA qui tam. The panel held that relators are not "officers of the United States" under the Appointments Clause because they do not occupy a continuing position established by law, and remanded for the district court to address unadjudicated Vesting Clause and Take Care Clause arguments. Declined qui tam actions remain viable in the Eleventh Circuit; the narrower constitutional challenge survives on remand.

By Kelsey Black, Esq. · 5-minute read · For Florida civil practitioners

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Civil Practice · August 20, 2026

Good Faith Is About the Reason, Not the Discovery: The Third DCA Reverses in Citizens v. Suarez

The Third DCA's August 19, 2026 decision in Citizens Property Insurance Corp. v. Suarez, No. 3D24-2256, reverses the trial court's denial of fees on a $100 nominal proposal. Two holdings drive it: the good-faith inquiry looks to the substance of the offeror's reason at the time of service, not to whether discovery had been taken, and a public adjuster's estimate is not entitled to weight where the insured has not complied with post-loss conditions precedent. Practice-level takeaways for Florida civil practitioners handling proposals for settlement in property-insurance matters.

By Kelsey Black, Esq. · 5-minute read · For Florida civil practitioners

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Labor & Employment · July 30, 2026

As States Restrict Noncompetes, Florida Expands Them: The 2025 CHOICE Act in a National Context

The first half of 2026 brought new state noncompete bans in Washington, Tennessee, Virginia, Louisiana, and healthcare-specific prohibitions across Utah, Maine, New Hampshire, Iowa, and Virginia. Florida moved the other direction: the 2025 CHOICE Act, codified at Fla. Stat. §§ 542.41–542.46, authorizes up-to-four-year noncompete and garden leave agreements for high-earning "covered employees." A practitioner's guide for Florida employers and employees on where the CHOICE Act fits with § 542.335 and § 542.336, and how to think about multistate exposure.

By Kelsey Black, Esq. · 8-minute read · For Florida employers and employees

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Labor & Employment · July 22, 2026

The EEOC Moves to End EEO-1 Reporting: What Employers and Employees Should Know

On July 21, 2026, the EEOC voted 2-1 to publish a proposed rule that would end the EEO-1, EEO-3, EEO-4, and EEO-5 workforce demographic reporting requirements. The proposal now goes to the Federal Register for a 30-day public comment period. A politically neutral guide to the pros and cons for employers and employees if the rescission is finalized, plus five practical takeaways for Florida employers.

By Kelsey Black, Esq. · 7-minute read · For Florida employers and HR leaders

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Civil Practice · July 11, 2026

Publix v. Goga: Florida Overhauls Fraud-on-the-Court Review

The Florida Supreme Court's July 9, 2026 decision in Publix Supermarkets, Inc. v. Goga, No. SC2024-0669, rejects the "more stringent" abuse of discretion standard applied by district courts to fraud-on-the-court dismissals. The Court adopts the First District's Pro Choice framework — competent, substantial evidence for facts, de novo for law, ordinary abuse of discretion for sanction — quashes the Fourth DCA, and disapproves the Third DCA's Willie-Koonce. Practice-level takeaways for Florida civil practitioners on both sides of the "v."

By Kelsey Black, Esq. · 7-minute read · For Florida civil practitioners

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Civil Practice · July 3, 2026

No More "Unified Claim" Exception: Florida Reinstates Strict Apportionment for Joint Proposals

The Florida Supreme Court's July 2, 2026 decision in Trace Elements, Inc. v. Mackensen, No. SC2024-1274, holds that Florida Rule of Civil Procedure 1.442(c)(3) requires apportionment of every joint proposal for settlement — even one resolving a single, unified claim. The Court quashes the Fourth DCA, overrules the Hall "unified claim" exception, and approves the Second DCA's Cobb v. Durando line. Practice-level takeaways for any Florida practitioner drafting or receiving proposals under § 768.79.

By Kelsey Black, Esq. · 7-minute read · For Florida civil practitioners

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Civil Practice · July 2, 2026

Perlmutter Recalibrates Florida's Punitive Damages Pleading Standard

The Florida Supreme Court's June 11, 2026 decision in Perlmutter v. Federal Insurance Co. holds that the clear-and-convincing standard from § 768.72(2) does not apply at the § 768.72(1) pleading stage, and that the trial court considers only the claimant's evidence — quashing the Fourth DCA's en banc decision below. Practice-level takeaways for plaintiffs' and defense counsel handling motions to plead punitive damages in Florida.

By Kelsey Black, Esq. · 7-minute read · For Florida civil practitioners

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Civil Practice · June 30, 2026

Best&Beam v. Silverstone: The Third DCA on Unpled Theories at Summary Judgment

A per curiam reversal from Florida's Third District Court of Appeal restates a forty-year-old rule with fresh 2026 authority: a trial court cannot grant summary judgment on a theory that was never pled in the complaint. Practice-level takeaways for both plaintiffs' and defense counsel — plus what the case says about the growing tension between text-message dealings and written contracts.

By Kelsey Black, Esq. · 5-minute read · For Florida civil practitioners

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AI & Legal Technology · June 26, 2026

Thinking of Using ChatGPT to Research Your Legal Problem? It May Not Stay Private

Recent court decisions make one thing clear: what you type into ChatGPT or Claude can be demanded by the other side in a civil lawsuit, and it is usually not protected by the attorney-client privilege. What NYT v. Microsoft, U.S. v. Heppner, and Warner v. Gilbarco mean for you, plus four practical rules for keeping your conversations privileged.

By Kelsey Black, Esq. · 7-minute read

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Platform & Advertising · June 19, 2026

Suspended for Fraud on Google Ads: How to Appeal When It Wasn't You

Google's automated review systems flag thousands of advertiser accounts every week — many belonging to legitimate businesses that did nothing wrong. What the suspension actually means, what NOT to do in the first 24 hours, and how to position the appeal for reinstatement — including when to engage counsel.

By Kelsey Black, Esq. · 8-minute read

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Healthcare Regulatory · June 17, 2026

The Absentee Medical Director: What Florida Law Actually Requires — and Where the Risk Sits

A petition before the Board of Medicine, a misstated rule everyone seems to repeat, and a structural problem nobody is fixing: the medical director who lends a license to a Florida med spa and is never there. Here's what the law actually requires, why the absentee arrangement is riskier than physicians and owners assume, and what to do about it.

By Kelsey Black, Esq. · 6-minute read

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Federal Litigation · June 9, 2026

When the Whistle Stops: The Eleventh Circuit Weighs the Future of the False Claims Act's Qui Tam Provisions

A federal court in Florida has declared the False Claims Act's qui tam provisions unconstitutional. The Eleventh Circuit heard argument in Zafirov v. Florida Medical Associates in December 2025, and a circuit split could send the question to the U.S. Supreme Court — with consequences for every FCA matter nationwide.

By Kelsey Black, Esq. · 7-minute read

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Labor & Employment · May 28, 2026

Florida Supreme Court Clarifies What Employees Must Prove in Whistleblower Retaliation Cases

In Gessner v. Southern Co., the Florida Supreme Court resolves a years-long split among the District Courts of Appeal and rejects the "reasonable belief" standard. Employees must now prove the objected-to conduct is, by definition, a violation of a law, rule, or regulation — giving Florida employers a clearer framework for evaluating and defending Private Whistleblower's Act retaliation claims.

By Kelsey Black, Esq. · 6-minute read

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Florida Litigation · April 8, 2026

A Six-Decade Florida Practice on Attorney's Fees Just Got Upended

On March 20, 2026, Florida's Sixth DCA held in Ruffenach v. Deutsche Bank that no evidentiary hearing or expert testimony is required to support a fee award — and certified direct conflict with 37 decisions from the other DCAs, all but guaranteeing Florida Supreme Court review.

By Kelsey Black, Esq. · 7-minute read

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Florida Litigation · May 30, 2026

Florida's New Statewide AI Rule: What Changed and What to Do About It

A single statewide certification rule replaces the patchwork of circuit-level AI disclosure orders, effective June 15, 2026. Here's what the new Florida Supreme Court rule requires, what the Broward and Miami-Dade local orders had required, and what should change in a Florida litigator's workflow.

By Kelsey Black, Esq. · 4-minute read

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Transportation Law · May 18, 2026

Montgomery v. Caribe Transport: What Florida Brokers, Carriers, and Shippers Need to Know

A unanimous Supreme Court has stripped freight brokers of the federal-preemption defense they had relied on in the Eleventh Circuit. Here's what changed in Montgomery v. Caribe Transport, why Florida brokers are now squarely exposed to state negligent-hiring claims, and the six practical steps to harden a carrier-selection file.

By Kelsey Black, Esq. · 5-minute read

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Brand & Reseller Litigation · May 5, 2026

Gray Market vs. Counterfeit: Why the Line Matters Less Than You'd Think for Resellers in 2026

The legal categories are clear: counterfeit is fake; gray-market is real-but-unauthorized. The enforcement infrastructure does not respect the difference. A reseller-side guide to surviving in a marketplace where genuine goods routinely get treated like counterfeits — and the documentation that keeps an account open.

By Kelsey Black, Esq. · 6-minute read

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