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.