Florida Legal Questions & Answers
73 plain-English answers to common Florida law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in Florida?
Florida property owners receive a TRIM (Truth in Millage) notice in August and have 25 days to petition the Value Adjustment Board (VAB) under Fla. Stat. § 194.011. The Save Our…
- How does the lemon law process work in Florida?
Florida's Motor Vehicle Warranty Enforcement Act, Fla. Stat. Ch. 681, is administered by the Attorney General's Lemon Law Arbitration Board. Presumption: 3 repair attempts on the…
- How much of my wages can be garnished in Florida?
Florida follows the federal CCPA 25% / 30×-minimum-wage cap for non-head-of-household debtors. But under Fla. Stat. § 222.11, a 'head of family' earning $750/week or less in net…
- How do I file a construction lien in Florida?
Serve Notice to Owner within 45 days of first work (subs/suppliers only). Record Claim of Lien in county within 90 days of last work. Serve owner within 15 days. Suit within 1…
- What is the personal injury statute of limitations in Florida?
Florida reduced its general personal injury SOL from 4 years to 2 years effective March 24, 2023 (HB 837, Fla. Stat. § 95.11(3)(a)). Medical malpractice is 2 years from discovery…
- How does small claims court work in Florida?
Florida small claims handles disputes up to $8,000 under Fla. Small Claims Rules 7.010-7.355. Filing fees range $55-$300. Attorneys are permitted. A mandatory pretrial conference…
- How do I set aside a default judgment in Florida?
Move under Fla. R. Civ. P. 1.540(b) within a reasonable time, and within one year for mistake, inadvertence, excusable neglect, newly discovered evidence, or fraud. You must show…
- Who is liable if a dog bites me in Florida?
Florida imposes strict liability on dog owners under Fla. Stat. § 767.04 when the victim is in a public place or lawfully on private property. Comparative negligence reduces…
- What can I do if I'm a victim of identity theft in Florida?
Florida classifies identity theft as a third- to first-degree felony under Fla. Stat. 817.568 depending on amount and number of victims. Credit freezes are free under federal law…
- How does comparative fault work in Florida?
Florida switched from pure to modified comparative fault with a 51% bar effective March 24, 2023 under HB 837 amending Fla. Stat. § 768.81. A plaintiff more than 50% at fault…
- How do I file a public records request in Florida?
Florida's Sunshine Law (Ch. 119, F.S.) and Art. I, § 24 of the state constitution provide one of the nation's broadest disclosure rights. Agencies must produce records in a…
- What is the statute of limitations for contract claims in Florida?
Florida gives 5 years to sue on a written contract under Fla. Stat. § 95.11(2)(b) and 4 years on an oral contract under § 95.11(3)(k). UCC sale-of-goods claims carry a 4-year SOL…
- What money in my bank account is protected from creditors in Florida?
Florida heads-of-family get a 6-month exemption for wages traceable under Fla. Stat. § 222.11, plus a $1,000 personal-property wild card under Fla. Const. art. X § 4…
- How do I appeal a denied Social Security disability claim in Florida?
Florida's Division of Disability Determinations (DDD), within the Department of Health, handles initial SSDI/SSI medical reviews from Tallahassee, Miami, Orlando, and Tampa. You…
Criminal (10)
- What are DUI penalties in Florida?
Florida Statute § 316.193 sets the BAC limit at .08 (.04 commercial, .02 under 21). A first DUI carries up to 6 months jail, $500-$1,000 fine, 50 hours community service, 6-12…
- How do I expunge a criminal record in Florida?
Florida allows ONE-TIME-ONLY expungement or sealing under FS § 943.0585 (expunge) and § 943.059 (seal). You must first obtain a Certificate of Eligibility from FDLE. Eligible only…
- How do I get a concealed carry permit in Florida?
Florida issues a Concealed Weapon License (CWL) through the Department of Agriculture for $42 (resident). You complete a 3-hour firearms course, submit fingerprints via FDLE, and…
- What are the search warrant requirements in Florida?
Florida search warrants are governed by Fla. Stat. §§ 933.01-933.40. A sworn affidavit must establish probable cause to a judge of a court of record. Officers must knock and…
- Can I legally record a phone call or conversation in Florida?
Florida is an all-party (two-party) consent state under Fla. Stat. § 934.03. All parties to an oral or wire communication must consent if there is a reasonable expectation of…
- How does bail work in Florida?
Florida regulates bail under Fla. Stat. Ch. 903 and Fla. R. Crim. P. 3.131. First appearance must occur within 24 hours of arrest. Cash, surety, and ROR are available; certain…
- How does plea bargaining work in Florida?
Florida governs plea bargaining through Fla. R. Crim. P. 3.171 and 3.172, which uniquely permit limited judicial participation. Guilty, nolo contendere, and Alford pleas are…
- How do I sue police for misconduct in Florida?
42 U.S.C. § 1983 is the federal vehicle; Florida has not abolished qualified immunity and has no parallel civil-rights act. State-law tort claims must comply with Fla. Stat. §…
- When can a private citizen make a citizen's arrest in Florida?
Florida's citizen's arrest authority derives from common law preserved by Fla. Stat. § 901.18. A private person may arrest for a felony committed in their presence or based on…
- What pretrial diversion or drug court programs exist in Florida?
Florida offers misdemeanor PTI under § 948.16, felony Drug Court Pretrial Intervention under § 948.08, Youthful Offender Act under § 958.04, and specialty veterans (§ 394.47891)…
Employment (10)
- What is the minimum wage in Florida?
Florida's minimum wage is $13.00/hour (effective Sept. 30, 2024) and rises to $14.00 on Sept. 30, 2025, and $15.00 on Sept. 30, 2026, under Article X, § 24 of the Florida…
- How do I file a workers compensation claim in Florida?
Florida workers' comp is governed by Fla. Stat. Chapter 440 and administered by the Division of Workers' Compensation within the Department of Financial Services. You must notify…
- How do I file for unemployment benefits in Florida?
File online at FloridaJobs.org through the CONNECT system. Florida pays only $32-$275/week for a maximum of 12 weeks — the lowest amount and shortest duration in the country. You…
- What is wrongful termination in Florida?
Florida is a strict at-will state with no general public policy exception. The Florida Civil Rights Act (Fla. Stat. § 760.10) and federal anti-discrimination statutes prohibit…
- How do I file a workers' compensation claim in Florida?
Report the injury to your employer within 30 days (Fla. Stat. § 440.185) and file a Petition for Benefits within 2 years (§ 440.19). Florida workers' comp is governed by Chapter…
- Can I sue for wrongful termination in Florida?
Florida is strongly at-will and does not recognize a general public-policy tort. Remedies arise mainly from statutes: FCRA (§ 760.10), Florida Whistleblower Act (§ 448.102/§…
- What are my rights against workplace harassment in Florida?
The Florida Civil Rights Act (Fla. Stat. § 760.10) is enforced by the Florida Commission on Human Relations and covers employers with 15+ employees. Florida applies the federal…
- Can my employer drug test me in Florida?
Florida's Drug-Free Workplace Program (Fla. Stat. § 440.102) is voluntary but offers WC premium credits and unemployment-benefits defense. Compliant employers must give written…
- Are non-compete agreements enforceable in Florida?
Florida is among the most employer-friendly states. Fla. Stat. § 542.335 enforces non-competes that protect a legitimate business interest and are reasonable in time, area, and…
- How do I appeal an unemployment insurance denial in Florida?
Florida's Department of Commerce (formerly DEO) administers Reemployment Assistance through CONNECT under Fla. Stat. Ch. 443. Appeals must be filed within 20 calendar days of the…
Family (9)
- How do I file for divorce in Florida?
Florida requires 6 months residency. It is a no-fault state recognizing 'irretrievable breakdown.' File a Petition for Dissolution of Marriage, serve your spouse, observe a 20-day…
- How is child custody decided in Florida?
Florida uses the term 'time-sharing' (not custody) and requires a Parenting Plan in every case involving minor children (Fla. Stat. § 61.13). HB 1301 (2023) created a rebuttable…
- How does alimony work in Florida?
Florida overhauled alimony in 2023 with HB 1409 (effective July 1, 2023), eliminating permanent alimony entirely. Florida now recognizes only four types: temporary, bridge-the-gap…
- How is child support calculated in Florida?
Florida uses an Income Shares model codified at Fla. Stat. § 61.30. Both parents' net incomes are combined, then matched to a statutory schedule producing the basic monthly…
- How do I get a marriage license in Florida?
Apply in person at any Florida county clerk's office. Florida residents pay $86 (or $61 with proof of a 4-hour state-approved premarital course). Florida residents face a 3-day…
- How do I establish paternity in Florida?
Florida Statute § 742.10 lets parents establish paternity by signing a Paternity Acknowledgment (DH-432) or through a circuit-court action under § 742.011. The acknowledgment…
- How does the adoption process work in Florida?
Florida adoptions are governed by Fla. Stat. Ch. 63. A birth mother's consent under § 63.082 cannot be executed until 48 hours after birth or upon hospital discharge, and is…
- Are prenuptial agreements enforceable in Florida?
Florida adopted the UPAA at Fla. Stat. § 61.079. Prenups must be in writing and signed by both parties; consideration is the marriage itself. Florida explicitly permits waiver of…
- How do I get a restraining order in Florida?
Florida calls protective orders 'injunctions for protection.' Five types under Fla. Stat. §§ 741.30 (DV), 784.046 (repeat/dating/sexual violence), 784.0485 (stalking), 825.1035…
Housing (8)
- What are tenant rights in Florida?
Florida has no security deposit cap, requires return within 15-60 days depending on disputes, mandates 15-day notice to terminate month-to-month tenancies, allows a 3-day notice…
- What is the eviction process in Florida?
Florida requires a 3-day notice to pay rent (excluding weekends and legal holidays) under Fla. Stat. § 83.56. Landlord files in county court; tenant has 5 days to answer and must…
- What must a home seller disclose in Florida?
Florida has no statutory disclosure form, but the Florida Supreme Court's Johnson v. Davis (1985) doctrine requires sellers of residential property to disclose any known facts…
- How do I dispute a security deposit return in Florida?
Florida landlords must return the deposit within 15 days if no deduction is claimed, or send a written claim by certified mail within 30 days under Fla. Stat. § 83.49. Tenants…
- How do I dispute an HOA assessment or fine in Florida?
Florida HOAs are governed by Fla. Stat. Ch. 720 and condominiums by Ch. 718. Fines over $100 require a hearing before an independent committee (§ 720.305(2)). Pre-suit mediation…
- What is the eviction process in Florida?
Florida uses a summary eviction action under Fla. Stat. Ch. 83 Part II. A 3-day notice (excluding weekends/holidays) applies to nonpayment; 7 days for curable or non-curable lease…
- What can I do if my landlord won't fix uninhabitable conditions in Florida?
Florida Statutes § 83.51 imposes maintenance duties; § 83.56 lets tenants terminate or withhold rent after 7-day written notice. Florida has no repair-and-deduct statute, but…
- How do I resolve an easement or boundary dispute in Florida?
Florida adverse possession requires 7 years of open, notorious, hostile possession plus payment of property taxes (Fla. Stat. § 95.16 with color of title; § 95.18 without). Quiet…
Estate (8)
- How do I make a valid will in Florida?
Florida requires the testator to be 18+ or an emancipated minor and of sound mind (Fla. Stat. § 732.501). The will must be signed at the end by the testator in the presence of 2…
- How do I create a power of attorney in Florida?
Florida adopted the UPOAA in 2011, codified at Fla. Stat. Ch. 709, Part II (§§ 709.2101-709.2402). A POA must be signed by the principal, two witnesses, AND notarized. Florida…
- How does probate work in Florida?
Florida probate runs 6-12 months under the Florida Probate Code (Fla. Stat. Ch. 731-735). Florida has not adopted the UPC. Summary Administration is available when assets do not…
- Can I disinherit my spouse or child in Florida?
Florida grants a surviving spouse a 30% elective share of the elective estate under Fla. Stat. § 732.201. Homestead cannot be devised away from a spouse or minor child (Fla…
- How do I petition for guardianship or conservatorship in Florida?
Florida uses 'guardianship' for person and property of both minors and incapacitated adults. Fla. Stat. Ch. 744 governs. Adult guardianship requires a separate incapacity petition…
- How do I create an advance healthcare directive in Florida?
Florida Health Care Advance Directives Act (Fla. Stat. Ch. 765) recognizes living will, Designation of Health Care Surrogate, and DNRO. Requires signature plus two witnesses (one…
- How do I file a quitclaim deed in Florida?
Florida requires the grantor's signature, TWO subscribing witnesses, and a notary acknowledgment (Fla. Stat. § 689.01). Record with the county clerk of court (§ 695.26)…
- What is the homestead exemption in Florida and how do I claim it?
Florida provides UNLIMITED creditor homestead protection for a residence on up to ½ acre urban / 160 acres rural (Const. art. X § 4; Fla. Stat. § 222.01). Property-tax exemption…
Traffic (6)
- How do I fight a parking ticket in Florida?
Florida parking citations are civil infractions under Fla. Stat. § 316.1967. You have 30 days to pay or contest by requesting a hearing before a county hearing officer or county…
- How long do I have to register a vehicle in Florida?
Florida requires new residents to register within 10 days of beginning employment, enrolling kids in school, or filing for homestead exemption under Fla. Stat. § 320.0605…
- How do I get my driver's license reinstated in Florida?
Florida's reinstatement fee is $45 plus clearance fees (Fla. Stat. § 322.21), with additional service fees for DUI ($130–$280). A Business Purposes Only (BPO) or…
- How do I fight a speeding ticket in Florida?
Florida drivers can pay, elect Driver Improvement School under Fla. Stat. § 318.14(9) (once per 12 months, max 5 lifetime) to avoid points, or request a court hearing. Reckless…
- What are the open container laws in Florida?
Florida Statute § 316.1936 prohibits open containers of alcoholic beverages in the passenger area of a motor vehicle on a public highway. Driver violation: $90 noncriminal moving…
- What happens if I get a DUI/DWI in Florida?
Florida Statute § 316.193 makes it unlawful to drive with a BAC of 0.08%+ (0.04% commercial, 0.02% under-21). A first DUI carries up to 6 months jail, $500-$1,000 fine, 180 day to…
Civil Procedure (4)
- What is the small claims limit in Florida?
Florida small claims court hears cases up to $8,000 (exclusive of costs, interest, and attorney fees) under Florida Small Claims Rule 7.010. Filing fees range from $55 to $300 by…
- What is the statute of limitations in Florida?
Florida civil limitations: personal injury 2 years (reduced from 4 by HB 837 effective March 24, 2023, Fla. Stat. § 95.11(4)(a)), written contract 5 years (§ 95.11(2)(b)), oral…
- Can I get out of jury duty in Florida?
Florida requires US citizens, 18+, county residents with no felony convictions (Fla. Stat. § 40.01). A person 70 years of age or older shall be excused from jury service upon…
- How do I legally change my name in Florida?
File a Petition for Change of Name (Adult) in the circuit court of your county (Fla. Stat. § 68.07), pay approximately $400 in filing fees, submit fingerprints for an FDLE/FBI…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
Other states
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.