State-Specific Legal Forms

Florida quitclaim deeds must be signed by the grantor, witnessed by two individuals, and notarized. Documentary stamp taxes apply at a rate of $0.70 per $100 of consideration. Miami-Dade County has an additional surtax.

Florida's Power of Attorney Act (effective 2011) requires strict compliance with statutory requirements. The POA must be signed by the principal in the presence of two witnesses and a notary. Springing POAs are not permitted under current Florida law.

Florida does not recognize holographic wills. A valid will must be in writing, signed by the testator, and attested by two witnesses in each other's presence. Florida is a separate property state, but has a strong elective share statute protecting surviving spouses.

Florida's Life-Prolonging Procedure Act governs living wills. The document must be signed in the presence of two witnesses, one of whom must not be the spouse or a blood relative. A separate Healthcare Surrogate Designation form names an agent for medical decisions.

Florida does not require an LLC operating agreement by law, but it is strongly recommended. The Articles of Organization must be filed online with the Division of Corporations. Florida has no state personal income tax.

Florida's Residential Landlord and Tenant Act governs all residential leases. There is no statewide rent control, and Florida law preempts local governments from imposing rent control except in housing emergencies. Security deposits must be held in a Florida banking institution.

Florida eviction requires a 3-day notice for nonpayment of rent (excluding weekends and holidays) or a 7-day notice for lease violations. The landlord files a complaint for eviction in County Court. A tenant may deposit rent into the court registry to contest.

Florida small claims court handles disputes up to $8,000. The process begins with a pre-trial mediation conference. Attorneys are allowed but not required. Cases are heard in County Court.

Florida is a no-fault divorce state — the only ground is that the marriage is irretrievably broken. Florida follows equitable distribution of marital property, not community property. A mandatory financial affidavit is required from both parties.

Florida name changes require a petition filed in Circuit Court. The petitioner must be fingerprinted and a criminal background check conducted by the Florida Department of Law Enforcement. No publication is required for adults under current Florida law.

Florida warranty deeds must be signed by the grantor in the presence of two subscribing witnesses and a notary. Recording is done in the county where the property is located, and Florida imposes a documentary stamp tax on the consideration paid (currently $0.70 per $100, except Miami-Dade which is $0.60 per $100 on single-family).

Florida vehicle transfers use HSMV Form 82050 'Notice of Sale and/or Bill of Sale.' For other personal property, a written bill of sale is best practice but not statutorily required. Notarization is required on the title transfer signatures for motor vehicles in Florida.

Florida enforces prenuptial agreements under the Uniform Premarital Agreement Act and Florida case law (Casto factors). The agreement must be in writing, signed voluntarily, and supported by fair disclosure or an express waiver of disclosure. Provisions waiving alimony are enforceable if procedurally and substantively fair.

Florida does not cap rental application fees, but they must be reasonable and bear a relationship to the actual cost of screening. Local ordinances (Miami-Dade, Tampa) may impose additional limits. Florida Fair Housing Act extends protected classes beyond federal law.

Florida requires pre-suit notice for claims under FDUTPA (Florida Deceptive and Unfair Trade Practices Act) is not statutorily mandated, but a CSPA-style demand is best practice. Florida PIP and bad-faith insurance claims under § 624.155 require a 60-day Civil Remedy Notice filed with the DFS.

Florida requires a Return of Service signed by a sheriff or certified process server. The return must include date and time of service, the manner of service, and the name of the person served. Florida's Statewide Process Server Database lists certified servers.

Florida caps interest at 18% per year for loans up to $500,000 and 25% for larger loans. Loans charging over 25% are criminally usurious (3rd-degree felony at 45%). Promissory notes are negotiable instruments under Fla. Stat. Ch. 673 (UCC Article 3).

Florida enforces NDAs under contract law and the Florida Uniform Trade Secrets Act. Florida's Sunshine in Litigation Act prohibits court orders that conceal public-hazard information, and a 2023 statute (Fla. Stat. § 542.336) limits NDA enforcement against medical specialists in certain markets.

Florida is one of the most employer-friendly non-compete jurisdictions. Fla. Stat. § 542.335 enforces non-competes that protect a legitimate business interest with reasonable time and area restrictions. Statutory presumptions apply — restrictions of 6 months to 2 years (employees) presumed reasonable.

Florida allows modification when there is a substantial change in circumstances (involuntary, permanent, and material) AND the proposed change is at least $50 or 15% of the existing order (whichever is greater). The Department of Revenue may also seek modification administratively.