Legal FAQs
Questions asked by the public about Florida law.
Real Estate
How Can a Brevard County Owner Get Alerts about Deed Fraud?
The Brevard County Clerk of the Circuit Court and Comptroller offers a free Recording Notification Service. A registered email address can monitor up to 10 names or property descriptions, and the service sends an automatic email when a document is recorded in the Official Records under a monitored identity.
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Real Estate
Does Florida Use Deeds of Trust or Mortgages?
Florida is a mortgage state. Under section 697.01, Florida Statutes, any conveyance or other written instrument transferring property to secure the payment of money is treated as a mortgage, including one made to a third person in trust for the creditor, and it is subject to the same foreclosure rules as a mortgage.
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Real Estate
What Repairs Must a Florida Landlord Make under Section 83.51?
Section 83.51, Florida Statutes, requires a residential landlord to comply with applicable building, housing, and health codes throughout the tenancy. Where no code applies, the landlord must keep the roof, windows, doors, floors, steps, porches, exterior walls, foundation, and other structural parts in good repair and the plumbing in reasonable working condition.
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Real Estate
Does Florida Require a Radon Disclosure for a Sale or Lease?
Yes. Section 404.056(5), Florida Statutes, requires a radon gas notification on at least one document, form, or application signed at the time of, or before, a contract for the sale and purchase of any building or the execution of a rental agreement for any building.
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Real Estate
How Long Does a Florida Landlord Have to Return a Security Deposit?
If a landlord does not intend to make a claim on the deposit, section 83.49(3)(a), Florida Statutes, requires its return within 15 days after the rental agreement ends. A landlord who intends to keep any part must send written notice of the claim within 30 days, or the right to claim against the deposit is forfeited.
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Real Estate
Can a Servicemember End a Florida Lease Early?
Yes. Section 83.682, Florida Statutes, allows a servicemember to terminate a residential rental agreement with written notice that takes effect at least 30 days after the landlord receives it, when one of the statute's qualifying military events applies.
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Business
Does a Brevard County Business Need a County and a City Business Tax Receipt?
Often, yes. Brevard County levies a local business tax under chapter 205, Florida Statutes, and Chapter 102, Article II of the Brevard County Code, and the Brevard County Tax Collector issues the county receipt. A business located inside a city, such as Melbourne or Titusville, generally needs that city's receipt as well.
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Business
When Must a Florida Business Register a Fictitious Name?
Under section 865.09, Florida Statutes, a business must register with the Division of Corporations before it engages in business under a fictitious name, meaning a name other than the owner's legal name or the entity's registered name. The filing fee is $50, and a registration lasts until December 31 of the fifth calendar year.
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Business
Can a Florida LLC Member Inspect Company Records?
Yes. Section 605.0410, Florida Statutes, requires a Florida LLC to keep certain records and gives members rights to inspect and copy them. The scope of those rights depends on whether the company is member managed or manager managed.
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Business
Who Can Serve as a Registered Agent for a Florida LLC?
Under section 605.0113, Florida Statutes, a Florida limited liability company must continuously maintain a registered office and a registered agent in Florida. The agent may be an individual who resides in Florida or an authorized business entity, and in either case the agent's business address must be the same as the registered office address.
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Business
Who Is Liable for Contracts Signed before a Florida Corporation Is Formed?
Under section 607.0204, Florida Statutes, all persons who act as or on behalf of a corporation, knowing that no incorporation has occurred, are jointly and severally liable for all liabilities created while acting that way. The corporation's existence generally begins when its articles of incorporation are filed.
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Civil Litigation
What Is a Nonparty Subpoena for Documents in Florida?
A nonparty subpoena under Florida Rule of Civil Procedure 1.351 lets a party in a lawsuit obtain documents or things from a person or business that is not a party, without taking a deposition. The requesting party must first give every other party advance notice and a copy of the proposed subpoena, and any party may object.
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Civil Litigation
What Is Summary Procedure in a Florida Civil Case?
Summary procedure is a streamlined process under section 51.011, Florida Statutes, that applies only to actions a specific statute or rule says must use it. It shortens pleading and trial deadlines and limits discovery, and where its time periods differ from the court rules, section 51.011 controls.
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Civil Litigation
Which Wages Are Protected from Garnishment in Florida?
Under section 222.11, Florida Statutes, all disposable earnings of a head of family that are $750 a week or less are exempt from garnishment. Earnings above $750 a week are also protected unless the head of family agreed otherwise in a specific written waiver, and earnings of other people are protected to the extent of the federal limit.
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Civil Litigation
How Is a Lawsuit Served on a Defendant in Florida?
Service of process on an individual in Florida is made under section 48.031, Florida Statutes, by delivering a copy of the summons and complaint to the defendant personally. It can also be made by leaving the copies at the defendant's usual place of abode with a person 15 years of age or older who resides there, after informing that person of their contents.
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Civil Litigation
How Long Does a Civil Lawsuit Take in Brevard County?
There is no fixed length for a civil lawsuit in Brevard County, which is part of Florida's Eighteenth Judicial Circuit. Florida Rule of General Practice and Judicial Administration 2.250 sets presumptive time standards for civil cases, but the rule itself recognizes that some cases reasonably take longer.
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Estate Planning
Who Can Access Digital Accounts after Death in Florida?
Chapter 740, Florida Statutes, the Florida Fiduciary Access to Digital Assets Act, controls access to online accounts after death. An account holder may direct disclosure through a provider's online tool or in a will, trust, power of attorney, or other record, and the content of electronic communications is disclosed to a personal representative only with the user's consent or a court order.
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