Florida Legal Secretary
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Table of Contents
1. Real Estate
§100
Introduction
§101
Classifications of Property
§102
History
§103
Source of Title in
§104
Locating the Property
§104.1
Government Survey
Map:
Chart: Structure of
Congressional Townships
§104.2
Metes and Bounds
§104.3
Maps and Plats
§105
Official or Public Records
§105.1
Generally
§105.2
Uniform Real Property Electronic Recording Act Definitions
§105.3
Validity of Electronic Documents
§105.4
Recording of Electronic Documents
§106
Conveyances of Real Property
§106.1
General
§106.2
Conveyance by an Individual
§106.3
Conveyance Executed by a Corporation
§106.4
Conveyances to or by a Partnership
§106.5
Conveyance Between Husband and Wife;
§106.6
Conveyance by Trustee
§106.7
Prohibition Against Transfer Fee Covenants
§106.7.1
Policy
§106.7.2
Definitions
§106.7.3
Prohibition
§107
§107.1
Statement of the Rule
§107.2
Exclusions From Statutory Rule Against Perpetuities
§107.3
Application
§107.4
Construction
§107.5
Reformation
§108
§108.1
Ownership Vests in Trustee
§108.2
Beneficiaries
§108.2.1
Claims
§108.2.2
Land Trust Beneficiaries
§108.3
Personal Property
§108.4
Successor Trustee
§108.5
Trustee as Creditor
§108.6
Trustee Liability
§110
Right of Owners
§111
Estates
§112
Concurrent Ownership of Property
§112.1
Joint Tenancy
§112.2
Tenancy in Common
§112.3
Tenancy by the Entirety
§113
Limitations and Restrictions on Property
§113.1
Zoning Regulations
§113.2
Building Codes
§113.3
Deed Restrictions
§113.4
Eminent Domain
§114
Easements
§115
Private Property Rights Protection Act
§115.1
Definitions
§115.2
Procedure
§115.2.1
Administrative Proceedings
§115.2.2
Circuit Court Procedures
§116
Disclaimer of Property Interest
§116.1
General
§116.2
Definitions
§116.3
Power to Disclaim
§116.4
Delivery or Filing
§116.5
Rules for the Disclaimer of an Interest in Property
§116.5.1
General Rules
§116.5.2
Disclaimer of Rights of Survivorship in Jointly Held Property
§116.5.3
Disclaimer of Property Held as Tenancy by the Entirety
§116.5.4
Disclaimer of Power of Appointment or Other Power Not Held in a
Fiduciary Capacity
§116.5.5
Disclaimer by Appointee, Object, or Taker in Default of Exercise
of Power of Appointment
§116.5.6
Disclaimer of Power Held in Fiduciary Capacity
§116.5.7
Tax Qualified Disclaimer
§116.6
Recording of Disclaimer Relating to Real Estate
§116.7
When Disclaimer Is Permitted, Barred, or Limited
§120
The Real Estate Transaction
§121
General
§121.1
Classifications of Real Estate Sales
§121.2
Requirements for Recording Real Estate Documents
§121.3
Use of Social Security Numbers
§122
Option and Contract for Sale
§122.1
Option
§122.2
Contract for Sale
§122.3
Disclosure of Ad Valorem Taxes to Prospective Purchaser of
Residential Property
§124.4
Coastal Property Disclosure
§122.5
Deposits for Purchase of Property
§122.5.1
Definitions
§122.5.2
Notice to Buyer of Right to Have Deposit Placed in Escrow
§122.5.3
Escrow Accounts; Withdrawals
§122.5.4
Right to Interest; Use of Escrowed Funds; Surety Bond or Loan
§122.5.5
Release of Deposit Monies
§122.6
Typing the Contract
§122.7
Procedure
§123
Title Search/Examination or Title Insurance
§123.1
Procedure
§124
Clearing the Defects
§125
Prior to Closing
§125.1
Additional Agreements/Disclosures Prior to Closing
§125.2
Radon Gas
§125.3
Other Notices/Agreements
§125.4
Obtaining Information for Closing Statement
§126
Typing Real Property Descriptions
§127
Deed
§127.1
Preparation
§127.2
Short Forms of Acknowledgments
§127.2.1
Individual Acting in His Own Right
§127.2.2
For a Corporation
§127.2.3
For a Partnership
§127.2.4
For an Individual Acting as a Principal by an Attorney in Fact
§127.2.5
By Any Public Officer, Trustee, or Personal Representative
§127.3
Acknowledgments by Members of the Armed Forces and Their Spouses
§127.4
Procedure
§127.5
Contract for Deed
§128
Mortgage and Promissory Note
§128.1
Parties
§128.2
Promissory Note
§128.3
Mortgage
§128.4
Forms of Mortgages
§128.4.1
Fixed Rate
§128.4.2
Adjustable Rate
§128.4.3
Balloon Mortgage
§128.5
Preparation of Note and Mortgages
§128.5.1
Preparation of the Mortgage—for the Mortgagee
§128.5.2
Preparation of the Mortgage—for the Mortgagor
§128.6
Procedure
§128.7
Mortgage Fraud
§128.7.1
Mortgage Fraud Generally
§128.7.2
Effect on Property Assessments
§129
Transfers of Real Estate Interests to or by a Custodian or
Trustee of an IRA or Qualified Plan
§130
Reserved
§140
Steps for Closing Real Property Transactions
§140.1
Introduction
§140.2
Real Estate Settlement Procedures Act (RESPA)
§141
Preparation by Seller’s Attorney
§142
Preparation by Buyer’s Attorney
§143
Fees and Expenses at Closing
§143.1
Recording Fees
§143.2
Searching and Other Fees
§143.3
Taxes on Instruments
§143.3.1
Conveyances
§143.3.2
Obligations to Pay Money
§143.4
Realtor/Broker’s Commission
§143.5
Attorneys’ Fees
§143.6
Abstracts
§143.7
Other Fees/Expenses
§144
Closing Statement
§144.1
General Breakdown of “Who Pays What”
§144.2
Procedure
§145
Closing Papers
§145.1
Items to Be Obtained by Buyer at Closing
§145.2
Items to Be Obtained by Seller at Closing
§145.3
Release of Mortgage
§145.3.1
Definitions
§145.3.2
Certificate of Release
§145.3.3
Recording
§145.3.4
Effect of Certificate of Release
§145.3.5
Liability of Title Insurer
§145.4
Other Forms Which May Be Required Prior to or After Closing
§146
Title Insurance
§147
Summary of Procedure for Real Estate Closings
§148
Assignment of Mortgage
§149
Cancellation of Mortgage
§150
Foreclosure of Mortgages, Agreements for Deed and Statutory Liens
§150.1
General
§150.2
Procedures Prior to Action
§151
Parties
§152
Venue
§153
Complaint and Notice of Lis Pendens
§153.1
Complaint
§153.2
Notice of Lis Pendens
§154
Service of Process
§155
Order to Show Cause; Entry of Final Judgment
§156
Default
Chart: Location of
Military Personnel Records
§157
Summary Judgment
§158
Judicial Sale of Property
§158.1
Final Judgment
§158.2
Publication of Sale
§158.3
Conduct of the Sale
§158.4
Certification of Sale
§158.5
Disbursement of Funds
§158.5.1
Definitions
§158.5.2
Disbursement
§158.5.3
Surplus Trustee
§158.5.4
Sale or Assignment of Surplus Funds
§158.6
Foreclosure Fraud—Violations Involving Homeowners During
Foreclosure Proceedings
§158.6.1
Policy
§158.6.2
Definitions
§158.6.3
Prohibited Acts
§158.6.4
Agreement for Foreclosure-Related Rescue Services
§158.6.5
Foreclosure-Rescue Transactions
§158.6.6
Rebuttable Presumption
§159
Right of Redemption
§160
Landlord/Tenant
§161
General
§162
Nonresidential Tenancies
§162.1
Tenancy at Will: Duration
§162.2
Tenancy at Sufferance; Holding Over After Term
§162.3
Right of Possession Upon Default or Abandonment
§162.4
Liens for Rent
§162.5
Distress for Rent
§162.6
Causes for Removal of Tenant
§162.7
Failure of Landlord to Maintain or Repair; Right to Withhold Rent
§162.8
Removal of Tenant
§162.9
Waiver of Right to Proceed With Eviction
§163
Residential Tenancies
§163.1
General
§163.2
Definitions
§163.3
Rent; Duration of Tenancies
§163.4
Leases; Rental Agreements
§163.4.1
Elements of the Lease
§163.4.2
Procedure
§163.5
Remedies
§163.5.1
Termination of Rental Agreement
§163.5.2
Termination of Tenancy With Specific Duration
§163.5.3
Termination of Tenancy Without Specific Term
§163.5.4
Termination of Rental Term by Military Personnel
§163.5.5
Tenant Holding Over
§163.5.6
Choice of Remedies Upon Breach or Termination by Tenant
§163.6
Prohibited Practices by Landlord
§163.7
Abandonment of Personal Property by Tenant
§164
Right of Action for Possession; Procedure
§164.1
Complaint
§164.2
Service of Process
§164.3
Procedure
§165
Defenses to Action for Rent or Possession
§166
Injunctive Orders
§167
Disbursement of Funds in Registry of the Court
§168
Issuance of the Writ of Possession
§169
Award of Possession and Money Judgment
§170
Glossary of Terms for Real Estate
2.
Business Organizations
§200
Introduction
§201
Types of Business Organizations
§202
Business Organization Checklist
§203
Financing of Business Enterprise
§204
Registration of Trade/Service Mark
§204.1
Definitions
§204.2
Requirements for Registration
§204.3
Application for and Filing Registration
§204.4
Certificate of Registration
§204.5
Duration and Renewal
§204.6
Cancellation
§204.7
Fees
§204.8
Procedure
§210
Corporations
§211
General
§211.1
Advantages of Corporate Form
§211.2
Corporate Taxation Generally
§211.3
Definitions
§211.4
Role of Legal Secretary
§212
Forming the Corporation
§212.1
General
Chart: Regulations
Applicable to Businesses
§212.2
Choosing the State of Incorporation
§212.3
Who May Incorporate in Florida
§212.4
Corporate Name
§212.4.1
Domestic Corporation Name Requirements
§212.4.2
Registration of Name of Foreign Corporation: Application, Renewal
and Revocation
§212.5
Schedule for Fees and Taxes
§212.6
Attorney Service Bureaus
§212.7
Pre-Organization Agreement
§212.8
Corporations for Profit
§212.8.1
Introduction
§212.8.2
Filing Documents With the Secretary of State
§212.8.3
Effective Time and Date of Document: Correcting Filed Documents
§212.8.4
Domestic Profit Corporations—Articles of Incorporation
§212.8.5
Qualification of Foreign Corporations
§212.8.6
Domestication of a Foreign Corporation
§212.8.7
Registered Agent: Registered Office
§212.8.8
Duties of Registered Agent
§212.9
Non-Profit Corporations
§212.9.1
General
§212.9.2
Filing Requirements
§212.9.3
Effective Date of Documents
§212.9.4
Corporate Name
§212.9.5
Articles of Incorporation
§212.9.6
Application for Certificate of Authority of Foreign Non-Profit
Corporation
§212.9.7
Domestication of Foreign Not-for-Profit Corporations
§212.9.8
Registered Office and Registered Agent
§212.9.9
Correcting Filed Documents
§212.10
Professional Service Corporations/Professional Limited Liability
Companies
§212.10.1
General
§212.10.2
Who May Form Professional Entities
§212.10.3
Limitations
§212.10.4
Liability of Officers, Agents, Employees, Shareholders, Members,
Corporation, or Limited Liability Company
§212.10.5
Disqualification of Member/Shareholder
§212.10.6
Name of Professional Entity
§212.10.7
Formation
§212.11
Certificate of Status
§212.12
Procedure
§213
Organizational Meeting of Directors
§213.1
General
§213.2
Notice
§213.3
Bylaws
§213.4
Organizational Meetings
§213.5
Corporate Shares; Stock Certificates
§213.5.1
Corporate Shares
§213.5.2
Form and Content of Certificates
§213.5.3
Restrictions on Transfer of Shares and Other Securities
§213.5.4
Shareholder Preemptive Rights
§213.5.5
Corporation’s Acquisition of Its Own Shares
§213.5.6
Documentary Stamp Tax on Certificates
§213.5.7
Role of Legal Secretary
§213.6
Subscription Agreements
§213.7
Procedure
§214
Amendment, Restatement, and Mergers
§214.1
Amendments to Articles of Incorporation
§214.1.1
General
§214.1.2
Contents of Amendment—Profit Corporation
§214.1.3
Amendment of Certificate of Authority (Foreign Corporation)
§214.1.4
Amendment; Quorum—Non-Profit Corporations
§214.1.5
Procedure
§214.2
Restatement of Articles
§214.2.1
Profit Corporations
§214.2.2
Non-Profit Corporations
§214.3
Mergers and Share Exchanges
§214.3.1
Mergers
§214.3.2
Share Exchange
§214.3.3
Merger of Subsidiary Corporation
§214.3.4
Merger of Non-Profit Corporations
§214.3.5
Merger of Domestic Corporation and Other Business Entities
§214.3.6
Articles of Merger or Share Exchange
§214.3.7
Articles of Merger for Corporations and Other Entities
§214.3.8
Plan of Merger
§214.3.9
Effect of Merger
§214.4
Conversions
§214.4.1
Conversion of Domestic Corporation into Another Business Entity
§214.4.2
Certificate of Conversion
§214.4.3
Effect of Conversion
§214.4.4
Conversion of Another Business Entity to a Domestic Corporation
§214.5
Sale of Corporate Assets
§214.6
Shareholder’s Appraisal Rights of Corporate Shares
§214.6.1
Definitions
§214.6.2
Right of Shareholders to Appraisal
§214.6.3
Assertion of Rights by Nominees and Beneficial Owners
§214.6.4
Notice of Appraisal Rights
§214.6.5
Notice of Intent to Demand Payment
§214.6.6
Appraisal Notice and Form
§214.6.7
Perfection of Rights; Acceptance of Corporation’s Offer; Right to
Withdraw
§214.6.8
Court Action
§214.6.9
Limitation on Corporate Payment
§215
Meeting of Shareholders
§215.1
Annual Meetings
§215.2
Special Meetings
§215.3
Court-Ordered Meetings
§215.4
Notice of Meetings
§215.5
Waiver of Notice
§215.6
Record Date
§215.7
Shareholders’ List for Meetings
§215.8
Action by Shareholders Without a Meeting
§215.9
Shareholder Agreements
§215.10
Proxies
§216
Meetings of Board of Directors
§217
Role of Legal Secretary
§217.1
General
§217.2
Corporate Calendar or Tickler System
§217.3
Corporate Meetings Generally
§217.4
Meeting Notebook
§217.5
Notice of Corporate Meetings
§217.6
Reserving and Preparing Corporate Meeting Room
§217.7
Meeting Agenda
§217.8
Attending the Corporate Meeting
§217.9
Minutes
§218
Uniform Business Report (Annual Report)
§219
Dissolution, Withdrawal, and Reinstatement of Corporations
§219.1
Voluntary Dissolution of Domestic Corporations
§219.1.1
Revocation of Dissolution
§219.1.2
Effect of Dissolution
§219.1.3
Known Claims Against Dissolved Corporation
§219.1.4
Unknown Claims Against Dissolved Corporations
§219.2
Administrative Dissolution of Domestic Corporation
§219.2.1
Reinstatement Following Administrative Dissolution
§219.3
Withdrawal and Revocation of Certificate of Authority of Foreign
Corporation
§219.3.1
Withdrawal of Foreign Corporation
§219.3.2
Revocation of Authority to Transact Business
§219.4
Judicial Dissolution
§219.4.1
Grounds
§219.4.2
Venue and Procedure
§219.4.3
Judgment
§219.4.4
Alternative Remedies
§219.4.5
Provisional Director
§219.4.6
Election to Purchase in Lieu of Dissolution
§220
General Partnerships
§221
Revised Uniform Partnership Act
§221.1
Definitions
§221.2
Partnership as an Entity
§222
Formation of a Partnership
§223
Pre-Partnership Agreements
§223.1
Procedure
§224
General Partnership Agreement
§224.1
Checklist for Partnership Agreement
§224.2
Effect of Partnership Agreement; Nonwaivable Provisions
§224.3
Procedure for Partnership Agreement
§225
Execution, Filing, and Recording of Partnership Registration and
Other Statements
§225.1
Statement of Partnership Authority
§225.2
Statement of Denial
§225.3
Fees
§225.4
Knowledge and Notice
§225.5
Partnership Property
§226
Partner’s Rights, Responsibilities and Liabilities
§226.1
Partnership/Partner’s Liability
§226.2
Partner’s Rights and Duties
§226.3
General Standards of Partner’s Conduct
§226.4
Partner’s Transferable Interest
§226.5
Dissociation
§226.5.1
Events Causing Partner’s Dissociation
§226.5.2
Purchase of Dissociated Partner’s Interest
§226.5.3
Dissociated Partner’s Power to Bind and Liability to Partnership
§226.5.4
Dissociated Partner’s Liabilities to Others
§226.5.5
Statement of Dissociation
§226.6
Actions by Partnership and Partners
§226.7
Continuation of Partnership Beyond Definite Term or Particular
Undertaking
§227
Conversions and Merger
§227.1
Conversions
§227.1.1
Generally
§227.1.2
Action on Plan of Conversion by Converting Partnership
§227.1.3
Filings Required for Conversion; Effective Date
§227.1.4
Effect of Conversion
§227.2
Merger of Partnerships
§227.2.1
Generally
§227.2.2
Action on Plan of Merger by Constituent Partnership
§227.2.3
Filings Required; Effective Date
§227.2.4
Effect of Merger
§227.3
Limited Liability Partnership
§228
Dissolution of Partnership
§228.1
Causes for Dissolution and Winding Up of Partnership Business
§228.2
After Dissolution
§228.3
Statement of Dissolution
§228.4
Settlement of Accounts and Contributions Among Partners
§228.5
Procedure
§229
Joint Venture
Checklist for Joint
Venture
§229.1
Procedure
§230
Revised Uniform Limited Partnership Act of 2005
§231
General
§231.1
Knowledge and Notice
§231.2
Powers, Nature, Purpose and Duration
§231.3
Definitions
§232
Formation of a Limited Partnership
§232.1
General
§232.2
Fees and Costs
§232.3
Name
§232.4
Partnership Agreement
§233
Certificate of Limited Partnership
§233.1
General
§233.2
Content of Certificate of Limited Partnership
§233.3
Registered Agent or Office
§233.3.1
General
§233.3.2
Service of Process
§233.4
Records Required to Be Kept by the Limited Partnership
§233.5
Filing With the Department of State
§233.5.1
General
§233.5.2
Correcting Filed Record
§233.5.3
Liability for Filing False Record
§233.5.4
Certificate of Status
§233.6
Signing of Records
§233.7
Procedure
§234
Amendment, Restatement, and Cancellation of Certificate
§234.1
Amendment or Restatement of Certificate
§234.2
Certificate of Dissolution; Statement of Termination
§234.3
Procedure
§235
Conducting the Business of a Limited Partnership
§235.1
General
§235.2
General Partners
§235.2.1
General
§235.2.2
Management Rights of General Partner and Approval Rights of Other
Partners
§235.2.3
General Standards of Conduct for General Partner
§235.3
Limited Partners
§235.3.1
General
§235.3.2
Right of Limited Partner and Former Limited Partner to
Information
§235.3.3
Limited Duties of Limited Partners
§236
Foreign Limited Partnerships
§236.1
Registration of Foreign Limited Partnership
§236.2
Activities Not Constituting Transacting Business in Florida
§236.3
Amending Certificate of Authority
§236.4
Cancellation of Certificate of Authority
§236.5
Procedure
§237
Conversions and Mergers
§237.1
Definitions
§237.2
Conversions
§237.3
Mergers
§237.4
Restrictions on Approval of Conversions and Mergers
§237.5
Liability of General Partner After Conversions or Merger
§238
Annual Report (Uniform Business Reports), Dissolution,
Revocation, Reinstatement
§238.1
Uniform Business Report (Annual Report)
§238.2
Dissolution
§238.2.1
Generally
§238.2.2
Administrative Dissolution
§238.2.3
Revocation of Certificate of Authority
§238.2.4
Reinstatement Following Administrative Dissolution
§238.2.5
Appeal From Denial of Reinstatement
§238.2.6
Revocation of Dissolution
§238.3
Winding Up
§238.4
Procedure
§240
The Limited Liability Company
§241
General
§241.1
Definitions
§241.2
Powers of a Limited Liability Company
§242
Fees and Costs
§243
Forming the Limited Liability Company
§243.1
Company Name
§243.2
Articles of Organization
§243.2.1
Domestic Limited Liability Company
§243.2.2
Foreign Limited Liability Company
§243.3
Execution of Certificate or Statement
§243.4
Filing Requirements
§243.5
Effect of Filing and Issuance of Time Date Endorsement
§243.6
Registered Office and Registered Agent
§244
Post-Organization
§244.1
Amendments to or Restatements of Articles of Organization
§244.1.1
Florida Domestic Limited Liability Company
§244.1.2
Foreign Limited Liability Company
§244.2
Correcting Articles of Organization Filed of Record
§244.3
Change of Registered Office or Registered Agent
§244.4
Service of Process
§244.4.1
Service of Process on Domestic Limited Liability Company
§244.4.2
Service of Process; Notice or Demand on Foreign Limited Liability
Company
§244.5
Records to Be Kept; Right to Information
§244.6
Contributions to Capital and Liability for Contribution
§244.7
Management of the Company
§244.7.1
General Standards for Members and Managing Members
§244.7.2
Liability for Members, Managing Members, and Managers
§244.7.3
Indemnification of Members, Managers, Managing Members, Officers,
Employees and Agents
§245
Operations of Limited Liability Company
§245.1
Operating Agreement
§245.2
Addition of Additional Members
§245.3
Voting by Members and Managers
§245.4
Agency of Members and Managers
§245.5
Delegation of Rights and Powers to Manage
§245.6
Membership Termination Upon Bankruptcy
§245.7
Limited Liability Company Property
§245.8
Sharing of Profit and Losses; Distributions and Impairment of
Capital; Liability on Wrongful Distribution
§245.9
Membership in a Limited Liability Company
§245.9.1
Assignment of Member’s Interest
§245.9.2
Right of Assignee to Become Member
§245.9.3
Withdrawal of a Member
§245.9.4
Deceased or Incompetent Member; Dissolved or Terminated Member
§246
Merger of Limited Liability Company
§246.1
Plan of Merger
§246.2
Action on Plan of Merger
§246.3
Articles of Merger
§246.4
Effect of Merger
§246.5
Rights of Dissenting Members
§246.6
Conversion of Entities to a Limited Liability Company
§246.7
Conversion of Domestic Limited Liability Company into Another
Business Entity
§246.8
Action on Plan of Conversion
§246.9
Certificate of Conversion
§246.10
Effect of Conversion
§247
Uniform Business Report
§248
Dissolution of Limited Liability Company
§248.1
Revocation of Dissolution
§248.2
Claims Against Dissolved Limited Liability Company
§248.3
Effect of Dissolution
§248.4
Distribution of Assets Upon Dissolution
§248.5
Articles of Dissolution
§248.6
Administrative Dissolution
§248.6.1
Reinstatement Following Administrative Dissolution
§248.6.2
Appeal From Denial or Reinstatement
§248.7
Judicial Dissolution
§249
Withdrawal of Foreign Limited Liability Company
§249.1
Revocation of Authority to Transact Business
§249.1.1
Grounds for Revocation
§249.1.2
Procedure for Revocation
§249.2
Application for Reinstatement
§249.3
Appeal From Revocation
§250
Registered Limited Liability Partnerships
§251
Formation
§251.1
Statement of Qualification
§251.2
Name of Limited Liability Partnership
§252
Uniform Business Report
§253
Foreign Limited Liability Partnership
§253.1
Law Under Which the Foreign Limited Liability Partnership is
Formed
§253.2
Statement of Foreign Qualification
§253.3
Effect of Failure to Qualify
§253.4
Activities Not Constituting Transacting Business
§254
Limited Liability Limited Partnership
§260
Sole Proprietorships
§261
General
§262
Formation of a Sole Proprietorship
§263
Termination of Sole Proprietorship
§270
Common Law Declarations of Trust
§271
Filing the Declaration of Trust
§272
Qualification with the Department of Banking and Finance
§273
Issuance of Certain Units, Shares, Certificates or Other Security
§274
Merger Into Wholly Owned Subsidiary Corporation
§280
Fictitious Name Statute
§281
Introduction
§282
Filing with Department of State; Definitions
§282.1
Registration
§282.2
Term and Renewal
§282.3
Change of Ownership of Business
§282.4
Fees
§282.5
Penalties
§282.6
Procedure
§290
Glossary
3.
Civil Litigation
§300
Introduction
§301
The Role of the Legal Secretary in Civil Litigation
§301.1
The Initial Client Interview
§301.2
The Client’s Rights
§301.3
The New Client File
§301.4
Setting Up the Tickler System
§301.5
Procedure
§302
Jurisdiction and Venue
§302.1
Jurisdiction
§302.2
Venue
§303
Parties
§304
Limitation of Actions
§304.1
Generally
§304.2
When Limitations Tolled
§304.3
Specific Limitations Other Than for Recovery of Real Property
§304.4
Limitations on Real Property
§304.4.1
Adverse Possession
§304.4.2
Tax Deeds
§304.4.3
Encumbrances
§304.5
Other Specific Limitations
§304.5.1
Actions to Collect Taxes
§304.5.2
Taxes Under FS §72.011
§304.5.3
Death of a Person Served by Publication
§304.5.4
Roads Presumed to Be Dedicated
§305
Times for Filing
§306
Court Requirements for Filing
§306.1
Preparation of Documents for Filing; Court Requirements
§306.2
Fees and Costs
§306.2.1
Court Filings
§306.2.2
County Court
§306.2.3
Other Fees
§307
Indigence
§308
Sheriff’s Fees and Costs
§309
Rules Time Chart
§310
The Complaint
§311
Introduction
§312
County Court
§313
Form for Complaint (Generally)
§313.1
Minimum Requirements
§313.2
Civil Cover Sheet
§313.3
Attaching Copy of Cause of Action and Exhibits
§313.4
Pleading Special Matters
§313.5
Class Actions
§313.5.1
Pleading Requirements
§313.5.2
Class Action Procedure
§313.5.3
Condominium Associations
§313.5.4
Mobile Homeowners’ Associations
§313.6
Amendment to Complaint
§313.7
Amended and Supplemental Pleadings
§313.8
Procedure
Checklist: Preparing
Pleadings
§314
Venue
§315
Choice of Forum
§315.1
Definitions
§315.2
Grounds for Dismissal
§315.3
Stipulations
§315.4
Waiver of Automatic Stipulation
§316
Filing Documents
§320
Process
§321
Personal Service
§321.1
Generally
§321.2
Service of Process
§321.3
Service on a Minor or Other Incompetent
§321.4
Service on State Prisoners
§321.5
Service on Partnerships and Limited Partnerships
§321.6
Service on Agents of Nonresidents Doing Business in Florida
§321.7
Service on Corporations
§321.8
Service on Public Agencies and Officers
§321.9
Service on the State
§321.10
Service on Statutory Agents for Certain Persons
§321.11
Personal Service Outside of Florida
§321.12
Service of Foreign Process
§321.13
Time Limit
§321.14
Persons Authorized to Serve Process
§321.15
Return of Service
§322
Service by Publication (Constructive Service)
§322.1
Generally
§322.2
Sworn Statement
§322.3
Notice of Action
§322.4
Procedure
§323
Service of Process by Mail
§324
Service of Pleadings and Papers
§325
Service of Orders
§326
Filing and Service Information
§326.1
Circuit Directory
§326.2
Directory of Clerks and Sheriffs
§330
Responsive Pleadings
§331
Answer
§331.1
Form
§331.2
Computing Time
§331.3
Failure to Deny
§331.4
Affirmative Defenses
§331.4.1
Examples of Wording for Affirmative Defenses
§331.5
Service of Answer
§331.6
Procedure
§332
Counterclaim
§333
Crossclaim
§334
Third Party Practice
§335
Defenses Generally/Motions
§335.1
Time Limits
§335.2
Presentation of Defenses
§335.3
Notice of Hearing
§335.4
Procedure
§336
Default
§336.1
Procedure
§340
Discovery
§341
Introduction
§341.1
Scope of Discovery
§341.2
Discovery of Experts
§341.3
Claims of Privilege or Protection of Trial Preparation Materials
§341.4
Protective Orders
§341.5
Supplementing Responses
§342
Depositions
§342.1
Generally
§342.1.1
Before Action
§342.1.2
Pending Appeal
§342.1.3
Persons Authorized to Take Depositions
§342.2
Oral Depositions
§342.2.1
Generally
§342.2.2
Oral Depositions by Videotape/Telephone
§342.2.3
Witness Review of Oral Deposition
§342.2.4
Exhibits; Filing
§342.2.5
Failure to Attend or Serve Subpoena
§342.2.6
Procedure
§342.3
Depositions on Written Questions
§342.3.1
Generally
§342.3.2
Procedure
§342.4
Deposition of Expert Witnesses
§342.5
Subpoenas for Taking Deposition
§342.5.1
Procedure
§342.6
Use of Depositions in Court Proceedings
§342.6.1
Use of Deposition
§342.6.2
Effect of Taking/Using Depositions
§342.6.3
Effect of Errors or Irregularities
§342.7
Role of the Legal Secretary
§343
Interrogatories
§343.1
Generally
§343.2
Procedure for Use
§343.3
Form, Service and Filing
§343.4
Option to Produce Records
§343.5
Use at Trial
§343.6
Procedure
§344
Production of Documents and Things and Entry Upon Land for
Inspection and Other Purposes
§344.1
Form
§344.2
Production of Documents and Things Without Deposition
§344.3
Procedure
§345
Request for Admissions
§345.1
Effect of Admission
§345.2
Procedure
§346
Examination of Persons
§347
Motion for Order Compelling Discovery
§348
Demand for Jury Trial
§349
Other Actions Which May Be Taken Before Trial
§349.1
General/Florida Practice Requirements/Signatures on Pleadings
§349.1.1
Stipulations
§349.1.2
Appearance of Attorney
§349.1.3
Termination of Appearance of Attorney
§349.1.4
Procedure
§349.1.5
Notices to Persons With Disabilities
§349.2
Dismissal of Actions
§349.2.1
Voluntary Dismissal
§349.2.2
Involuntary Dismissal
§349.2.3
Procedure
§350
Before Trial
§351
Summary Judgment
§351.1
Procedure
§352
Pretrial Procedure
§352.1
Case Management Conference
§352.2
Pretrial Conference
§352.3
Notice
§352.4
Pretrial Order
§353
Continuance of Proceedings
§354
Settlement
§354.1
Proposals for Settlement
§354.2
Procedure After Settlement
§355
Mediation
§355.1
General
§355.2
Mediation Process
§355.3
Exclusions from Mediation
§355.4
Mediation Procedure
§355.5
Court-Ordered Mediation
§355.6
Completion of Mediation
§355.7
Voluntary Binding Arbitration and Voluntary Trial Resolution
§355.8
Mediation Confidentiality and Privilege Act
§355.8.1
Definitions
§355.8.2
Duration
§355.8.3
Confidentiality; Privilege
§356
Court-Ordered Arbitration
§356.1
Non-Binding Arbitration
§356.2
Voluntary Binding Arbitration and Voluntary Trial Resolution
§357
Expedited Trials
§358
Disqualification of Trial Judge
§360
Trial
§361
Setting the Case for Trial
§361.1
Procedure
§362
Trial by Jury
Checklist: Jury Chart
§363
Working With the Attorney Before and During Trial
§363.1
Before Trial
§363.2
During Trial
§364
Jury Instructions
§365
Verdicts and Final Judgments
§365.1
Verdicts
§365.1.1
Jury Verdicts
§365.1.2
Motion for Directed Verdict
§365.2
Final Judgment
§365.3
Final Disposition Form
§366 Judgments
§366.1
Generally
§366.1.1
Interest
§366.1.2
When a Judgment Becomes a Lien
§366.2
Declaratory Judgments
§366.2.1
Parties
§366.2.2
Jury Trials
§366.2.3
Supplemental Relief
§366.3
Enforcement of Final Judgments
§366.3.1
Procedure
§366.4
Satisfaction or Discharge
§366.4.1
Satisfaction of Judgments and Decrees
§366.4.2
Discharge in Bankruptcy
§366.4.3
Property Exempt from Judgment
§367
Judgments, Orders, and Decrees; Lien on Personal Property
§367.1
Generally
§367.2
Content, Recording and Indexing of Judgment Lien Certificate
§367.3
Duration and Continuation of Judgment Liens
§367.4
Effect of Judgment Lien
§367.5
Amendment, Correction, Termination, Release, Assignment
§367.5.1
Amendment, Termination, Release of Judgment Lien Record
§367.5.2
Correction of Judgment Lien Record
§367.6
Effect of Recorded Judgment Lien on Writs of Execution Previously
Delivered to a Sheriff
§367.7
Fees and Costs
§368
Enforcement of Foreign Judgments
§368.1
Generally
§368.1.1
Recording and Status of Foreign Judgments
§368.1.2
Notice of Recording
§368.1.3
Stay of Enforcement
§368.2
Uniform Foreign Money Judgment Recognition Act
§368.2.1
Definitions
§368.2.2
Recognition and Enforcement
§368.2.3
Grounds for Nonrecognition
§368.2.4
Personal Jurisdiction
§368.2.5
Stay in Case of Appeal
§369
Injunctions
§369.1
Procedure
§370
Post-Trial
§371
Motions for New Trial, Rehearing, Amendment of Judgment
§371.1
Procedure
§372
Relief from Judgment, Decrees or Orders
§373
Executions and Final Process
§373.1
Generally
§373.1.1
Discovery in Aid of Execution
§373.1.2
Process on Behalf of and Against Persons Not Parties
§373.1.3
Deposits in the Registry of the Court
§373.2
Executions Generally
§373.3
Stay of Illegal Writs
§373.4
Claim of Third Party
§373.5
Execution Sales
§373.5.1
Notice
§373.5.2
Time Date and Place of Sale
§373.5.3
Mandamus to Force Levy and Sale
§373.6
Monies Collected
§373.6.1
Payment to Execution Creditor
§373.6.2
Failure of Officer to Pay Over Monies Collected
§373.7
Supplementary Proceedings
§374
Attachment
§374.1
Generally
§374.2
Grounds for Attachment
§374.2.1
When Debt Is Due
§374.2.2
When Debt Is Not Due
§374.2.3
Attachment in Aid of Foreclosure
§374.3
Procuring the Attachment
§374.3.1
Motion for Writ of Attachment
§374.3.2
Attachment Bond
§374.4
Writ of Attachment
§374.4.1
Levy in Other Counties
§374.4.2
Levy on Property Removed from County Pending Levy
§374.5
Return/Replevy of Property
§374.5.1
Return of Property
§374.5.2
Replevy
§374.5.3
Sale of Perishables; Custody of Attached Property
§374.6
Dissolution of Attachment
§374.7
Judgments
§375
Replevin
§375.1
Generally
§375.2
Complaint
§375.3
Order to Show Cause
§375.3.1
Contents
§375.3.2
Hearing
§375.3.3
Waiver
§375.4
Prejudgment Writ of Replevin
§375.5
Writ of Replevin
§375.6
Judgment
§375.6.1
Judgment for Plaintiff
§375.6.2
Judgment for Defendant
§376
Garnishment
§376.1
Generally
§376.2
Issuance of Writ
§376.2.1
Before Judgment
§376.2.2
After Judgment
§376.2.3
Continuing Writ of Garnishment Against Salary or Wages
§376.3
Writ of Garnishment
§376.3.1
Service of Garnishee’s Answer and Notice of Right to Dissolve
Writ
§376.3.2
Effect of Writ
§376.3.3
Reply
§376.4
Dissolution of Writ
§376.5
Judgment
§376.5.1
Before Judgment — Effect of Judgment for Defendant
§376.5.2
Before Judgment — Discharge
§376.5.3
Default Judgment
§376.5.4
Judgment
§376.5.5
Execution on Garnishee’s Refusal to Surrender Property
§376.6
Third Parties
§376.7
Compensation to Garnishee; Amount Retained by Garnishee
§376.8
Attorney’s Fees, Costs, Expenses
§377
Setting Apart Homestead and Exemptions
§377.1
Designation of Homestead
§377.1.1
Before Levy
§377.1.2
After Levy
§377.2
Survey of Property
§377.3
Exempting Other Property
§377.3.1
Leaseholds
§377.3.2
Personal Property; Inventory
§377.4
Exemption of Wages from Garnishment
§377.5
Other Exemptions
§377.5.1
Life Insurance Policies
§377.5.2
Wages or Unemployment Compensation Due Deceased Employee;
Disability Income
§377.5.3
Pension, Retirement, Profit-Sharing Benefits
§377.5.4
Prepaid College Trust Fund or Medical Savings Account
§377.5.5
Other Individual Property
§380
Miscellaneous Proceedings
§381
Florida False Claims Act (Qui Tam)
§381.1
Generally
§381.1.1
Definitions
§381.1.2
Viability
§381.1.3
Limitation of Actions
§381.1.4
Burden of Proof
§381.2
Civil Actions for False Claims
§381.3
Rights of Parties
§381.4
Exemptions to Civil Actions
§381.5
Awards to Plaintiffs Bringing Action
§381.6
Expenses and Attorneys’ Fees and Costs
§382
Change of Name
§382.1
Adults
§382.2
Minors
§383
Florida Vexatious Litigant Law
§383.1
Definitions
§383.2
Procedure
§384
Sealing Civil Court Records
§384.1
Definitions
§384.2
Exemptions
§384.3
Request to Make Records in Noncriminal Cases Confidential
§384.4
Judicial Review of Denial of Access Request
§390
Summary Proceedings/Small Claims Court
§391
Introduction — Applicable Rules of Court
§392
Commencement of Action
§392.1
Statement of Claim
§392.1.1
Procedure
§392.2
Process and Venue
§392.2.1
Procedure
§392.3
Service of Pleadings and Papers Other Than Statement of Claim
§392.4
Filing Documents
§393
Responsive Pleadings
§393.1
Defensive Pleadings
§393.2
Counterclaims/Setoffs, Jurisdictional Transfers
§393.3
Third-Party Complaints
§394
Appearance; Trial Date
§395
Before Trial
§395.1
Dismissal of Actions
§395.2
Continuances
§395.3
Settlement
§395.4
Summary Judgment
§396
Trial
§397
Post-Trial
§397.1
Default
§397.2
Motion for New Trial
§397.3
Relief from Judgment or Order
§398
Executions
4.
Family Law
§400
Dissolution of Marriage
§400.1
Definitions
§401
Role of Legal Secretary in Dissolution of Marriage
§402
Jurisdiction in Dissolution
§402.1
Uniform Child Custody Jurisdiction Act (UCCJA)
§403
Venue and Choice of Forum
§403.1
Venue
§403.2
Choice of Forum
§403.2.1
Definitions
§403.2.2
Grounds for Dismissal
§403.2.3
Stipulations
§403.2.4
Waiver of Automatic Stipulation
§404
Grounds
§405
Simplified Dissolution of Marriage
§406
Requirements for Filing Documents
§406.1
Preparation of Documents for Filing; Court Requirements
§406.2
Florida Practice Requirements/Signatures on Pleadings
§406.3
Notices to Persons With Disabilities
§406.4
Computing Time For Filing
§407
Attorneys
§408
Issues in Dissolution of Marriage
§408.1
Alimony
§408.2
Equitable Distribution of Marital Assets and Liabilities
§408.2.1
Distribution of Retirement Plans
§408.2.2
Determination of Entitlement to Setoffs or Credits upon Sale of
Marital Home
§408.3
Support of Children; Parenting and Time-Sharing
§408.3.1
Parenting Plan
§408.3.2
Child Parenting and Time-Sharing (Visitation)
§408.3.3
Grandparent Visitation
§408.3.4
Child Support
§408.3.5
Child Support Guidelines; Retroactive Child Support
§408.3.6
Court-Ordered Electronic Communications
§408.4
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
§408.4.1
UCCJEA Generally
§408.4.2
Definitions
§408.4.3
Application to Indian Tribes and International Application
§408.4.4
Notice; Appearance and Limited Immunity
§408.4.5
Communication and Cooperation Between Courts
§408.4.6
Jurisdiction
§408.4.7
Notice; Opportunity to be Heard; Joinder
§408.4.8
Simultaneous Proceedings
§408.4.9
Inconvenient Forum
§408.4.10
Information to be Submitted to the Court
§408.4.11
Appearance of the Parties and Child
§408.5
Child Custody Enforcement Under the Hague Convention
§408.5.1
Registration of Child Custody Determination
§408.5.2
Simultaneous Proceedings
§408.5.3
Expedited Enforcement; Service of Petition and Order
§408.5.4
Hearing and Order
§408.5.5
Warrant to Take Physical Custody of the Child
§408.5.6
Costs, Fees, and Expenses
§408.5.7
Role of State Attorney and Law Enforcement Officers
§408.5.8
Appeals
§408.6
Visitation
§408.6.1
Generally
§409
Temporary Custody of Minor Children by Extended Family
§409.1
General
§409.2
Who May Petition; Jurisdiction
§409.3
Petition, Notice and Hearing
§409.4
Order Granting Temporary Custody
§410
Petition
§411
Special Allegations
§412
Preparing the Petition
§413
Civil Cover Sheet
§414
Procedure
§415
Indigence
§415.1
Procedure
§416
Mandatory Disclosure
§416.1
Time for Production of Documents
§416.1.1
Temporary Financial Hearings
§416.1.2
Initial and Supplemental Pleadings
§416.2
Disclosure Requirements for Temporary Financial Relief
§416.3
Parties’ Disclosure Requirements for Initial or Supplemental
Proceedings
§416.4
Duty to Supplement Disclosure
§416.5
Sanctions
§416.6
Extensions of Time for Compliance
§416.7
Objections to Mandatory Disclosure
§416.8
Certificate of Compliance
§416.9
Place of Production
§416.10
Financial Affidavits in Enforcement and Contempt Proceedings
§416.11
Procedure
§417
Uniform Child Custody Jurisdiction and Enforcement Act Affidavit
§417.1
Procedure
§418
Injunctions and Eviction
§418.1
Procedure
§419
Notice of Social Security Number
§420
Service of Process
§421
Personal Service
§421.1
Generally
§421.2
Service of Process
§421.3
Service on State Prisoners
§421.4
Personal Service Outside of Florida
§421.5
Persons Authorized to Serve Process
§421.6
Return of Service
§421.7
Procedure
§422
Constructive Service
§422.1
Procedure
§422.2
Parent Locator Service
§423
Service of Process by Mail
§424
Service of Pleadings and Papers
§424.1
Service of Orders
§424.2
Filing Documents
§425
Acceptance
§430
Responsive Pleadings
§431
Answer
§432
Waiver
§433
Counterclaim
§433.1
Procedure
§434
Default
§434.1
Procedure
Chart: Location of
Military Personnel Records
§440
Reserved
§450
Before the Final Hearing
§451
Marriage Settlement Agreements
§451.1
Procedure
§452
Discovery in General
§452.1
Introduction
§452.1.1
Discovery of Experts
§452.1.2
Claims of Privilege or Protection of Trial Preparation Materials
§452.1.3
Protective Orders
§452.1.4
Confidentiality of Records and Proceedings
§453
Specific Discovery
§453.1
Depositions
§453.1.1
Generally
§453.1.2
Persons Authorized to Take Depositions
§453.1.3
Oral Depositions
§453.1.4
Videotaped/Telephonic Depositions
§453.1.5
Witness Review of Oral Depositions
§453.1.6
Exhibits
§453.1.7
Depositions on Written Questions
§453.1.8
Filing Depositions
§453.1.9
Deposition of Expert Witnesses
§453.1.10
Failure to Attend or Serve Subpoenas
§453.1.11
Use of Depositions in Court Proceedings
§453.1.12
Subpoenas for Deposition
§453.1.13
Role of Legal Secretary
§453.1.14
Procedure
§453.2
Reserved
§453.3
Interrogatories
§453.3.1
Procedure
§453.4
Production of Documents and Things and Entry Upon Land for
Inspection and Other Purposes
§453.4.1
Form
§453.4.2
Production of Documents and Things Without Deposition
§453.4.3
Procedure
§453.5
Request for Admissions
§453.5.1
Procedure
§453.6
Examination of Persons
§453.7
Evaluation of Minor Child
§453.8
Social Investigation and Recommendations Regarding a Parenting
Plan
§453.9
Supplementing Responses
§453.10
Order Compelling Discovery
§454
Other Actions Which May Be Taken Before Trial
§454.1
Stipulations
§454.2
Appearance of Attorney
§454.3
Termination of Appearance of Attorney
§454.4
Procedure
§455
Appointment of Guardian Ad Litem
§456
Parenting Courses
§457
Pretrial Procedure
§457.1
Case Management Conference
§457.2
Setting the Case for Trial
§457.3
Pretrial Conference
§457.4
Notice
§457.5
Dismissal of Action
§457.6
Pretrial Order
§458
Referral to General and/or Special Master
§458.1
General Master
§458.2
Special Masters
§459
Mediation of Contested Issues
§459.1
General
§459.2
Mediation Process
§459.3
Referral
§459.4
Appointment of Mediator
§459.5
Procedures
§460
Final Hearing
§461
Uncontested Dissolution Action
§462
Contested
§463
Final Disposition Form
§464
Role of Legal Secretary After Final Judgment
§470
Post-Judgment
§471
Motions for Rehearing, Amendment of Judgment
§472
Modification
§472.1
Support, Maintenance or Child Support
§472.2
Temporary Time-Sharing and Child Support Modification Due to
Military Service
§472.3
Parental Relocation
§472.3.1
Definitions
§472.3.2
Relocation by Agreement
§472.3.3
Notice of Intent to Relocate With a Child
§472.3.4
Objection to Relocation
§472.3.5
Temporary Order
§472.3.6
Factors to Determine Contested Relocation
§472.3.7
Order Regarding Relocation
§472.3.8
Applicability of Statute
§472.4
Procedure
§473
Enforcement and Modification of Support, Maintenance, Alimony
Agreements or Orders and Visitation
§473.1
Generally
§473.2
Depository
§473.3
Income Deduction Order
§473.4
Contempt
§473.5
Visitation
§473.6
Suspension of Driver’s Licenses and Motor Vehicle Registrations
§473.7
Writs
§473.8
Violation of Parenting Plan (FS §61.45)
§480
Miscellaneous Proceedings
§481
Separate Maintenance
§482
Simplified Dissolution of Marriage
§483
Domestic Violence
§483.1
Domestic Violence Generally
§483.1.1
Definitions
§483.1.2
Batterers’ Intervention Program
§483.1.3
Minimum Term of Imprisonment
§483.1.4
Role and Duties of Law Enforcement
§483.1.5
Role of the Prosecutor
§483.1.6
Role of the Judiciary
§483.2
Petition for Injunction Against Domestic Violence
§483.2.1
Fees and Costs
§483.2.2
Petition
§483.3
Injunction for Protection Against Domestic Violence
§483.3.1
Temporary Injunction
§483.3.2
Final Injunction
§483.4
Foreign Protection Orders
§483.5
Violation of Injunction
§483.6
Repeat Violence or Dating Violence
§483.6.1
Generally
§483.6.2
Definitions
§483.6.3
Procedure
§483.7
Unlawful Action Against Employees Seeking Protection
§483.7.1
Definitions
§483.7.2
Employer Actions
§483.7.3
Confidentiality
§483.8
Procedure
§484
Uniform Interstate Family Support Act
§484.1
Definitions
§484.2
Jurisdiction
§484.2.1
Nonresidents
§484.2.2
Procedures Regarding Nonresidents
§484.2.3
Simultaneous Proceedings in Another State
§484.2.4
Continuing Exclusive Jurisdiction
§484.2.5
Enforcement and Modification of Support Order
§484.2.6
Child Support Orders
§484.2.7
Child Support Orders for Multiple Obligees
§484.2.8
Credit for Payments
§484.3
General Application
§484.3.1
Florida Law
§484.3.2
Initiating Tribunals
§484.3.3
Responding Tribunals
§484.3.4
Pleadings
§484.3.5
Nondisclosure of Information
§484.3.6
Special Rules
§484.4
Support Orders
§484.5
Enforcement and Modification of Support Orders
§484.5.1
Effect of Registration
§484.5.2
Notice of Registration
§484.5.3
Procedure to Contest Validity
§484.5.4
Procedure to Contest Registration
§484.5.5
Registration of Order
§485
Premarital Agreements
§485.1
Generally
§485.2
Content of Premarital Agreement
§485.3
Enforcement
§490
Adoption
§491
General
§491.1
Definitions
§491.2
Duty of Adoption Entity to Prospective Adoptive Parents
§491.3
Adoptee’s Right to Continued Communication or Contact With
Siblings
§491.4
Fees
§491.5
Disclosure by Adoption Entity
§491.5.1
Required Disclosure
§491.5.2
Acknowledgment of Disclosure
§491.6
Abandoned Newborns
§491.7
Designation as Guardian
§491.8
Statute of Repose (Limitation of Actions)
§491.9
Who May Be Adopted; Who May Adopt
§491.9.1
Generally
§491.9.2
Grandparents’ Right to Notice
§491.9.3
Residency Requirements
§492
Adoption Procedure—Prior to Petition for Adoption
§492.1
Consent to Adoption; Affidavit of Non-Paternity
§492.1.1
Action by an Unmarried Biological Father to Establish Parental
Rights
§492.1.2
Persons Required to Consent; Affidavit of Non-Paternity
§492.1.3
Waiver of Venue
§492.1.4
Execution of Consent to Adoption or Affidavit of Non-Paternity
§492.1.5
Procedure
§492.2
Termination of Parental Rights Pending Adoption
§492.2.1
Jurisdiction
§492.2.2
Venue
§492.2.3
Petition
§492.2.4
Notice and Service; Diligent Search
§492.2.5
Hearing
§492.2.6
Grounds for Terminating Parental Rights Pending Adoption
§492.2.7
Finding of Abandonment
§492.2.8
Dismissal with Prejudice
§492.2.9
Judgment Terminating Parental Rights
§492.2.10
Relief From Judgment
§492.3
Report to the Court; At-Risk Placement
§492.4
Preliminary Home Study
§492.5
Procedure [Reserved]
§493
Petition for Adoption or Declaratory Statement
§493.1
Declaratory Statement; Fees and Costs
§493.2
Petition for Adoption
§493.3
Procedure
§494
Adoption Proceedings—After Filing Petition for Adoption
§494.1
Notice of Hearing on Petition
§494.1.1
Service of Process
§494.1.2
Procedure
§494.2
Final Home Investigation
§494.3
Affidavit of Expenses and Receipts
§494.4
Case Management and Pretrial Conference
§494.5
Information to Be Submitted to the Court
§494.6
Hearing and Judgment of Adoption
§494.7
Application for New Birth Record
§494.8
Effect of Judgment of Adoption
§494.9
Recognition of Foreign Judgments
§495
Confidentiality of Adoption Proceedings
§496
Registry of Adoption Information and State Information Center
§496.1
State Registry of Adoption Information
§496.2
State Adoption Information Center
§497
Prohibited Acts; Preplanned Adoption Agreement; Sanctions
§497.1
Prohibited Acts
§497.2
Preplanned Adoption Agreement
§497.2.1
Definitions
§497.2.2
Adoption Agreement/Arrangement
§497.3
Sanctions
§498
Determination of Parentage
§498.1
General
§498.2
Establishment of Paternity
§498.2.1
Children Born Out of Wedlock
§498.2.2
Mother Under 16 Years of Age
§498.2.3
Criminal Penalties for False Statements of Paternity
§498.3
Hearings and Court Orders for Support
§498.4
Filing of Location Information
§498.5
Attorney's Fees, Suit Money, and Costs
§498.6
Default of Support Payments
§498.7
Scientific Testing to Determine Paternity
§498.8
Disestablishment of Paternity or Termination of Child Support
Obligation
5.
Estate Planning and Administration
§500
Introduction
§501 Power of Attorney
§501.1 Generally
§501.2 Release of Power of Attorney
§501.3 Durable Power of Attorney
§501.3.1 Creation of Durable Power of Attorney
§501.3.2 Effect of Delegation, Revocation, or Filing of Petition to
Determine Incapacity
§501.3.3 Protection Without Notice; Good Faith Acts; Affidavits
§501.3.4 Notice and Service
§501.3.5 Powers and Limitations of Attorney-in-Fact
§501.3.6 Multiple Attorneys-in-Fact
§501.3.7 Damages and Costs
§502 Health Care Advance Directives, Health Care Surrogate, and
Life-Prolonging Procedures (Living Will)
§502.1 Definitions
§502.2 Advance Directives
§502.3 Pain Management and Palliative Care
§502.4 Transfer of a Patient
§502.5 Falsification, Forgery, or Willful Concealment, Cancellation or
Destruction of Directive; Revocation or Amendment
§502.6 Review of Decision of Surrogate/Proxy
§502.7 Amendment or Revocation
§502.8 Effect on Insurance
§502.9 Health Care Facilities and Providers
§503 Health Care Surrogate
§503.1 Capacity of Principal; Procedure
§503.2 Responsibilities of Surrogate
§504 Life-Prolonging Procedures; Living Will
§504.1 Introduction
§504.2 Procedure
§504.3 Absence of Living Will
§504.4 Determination of Patient Condition
§505 Absence of Advance Directives
§505.1 Persistent Vegetative State
§505.2 The Proxy
§506
Nick Oelrich Gift of Life Act (Anatomical Gift Act)
§506.1 Definitions
§506.2 Who May Be Donor
§506.3 Authorized Donees and Purposes for Which Gifts May Be Made
§506.4
Manner of Making Anatomical Gifts
§506.5
Organ and Tissue Donor Registry
§506.6 Amendment or Revocation of Document
§506.7 Rights and Duties at Death
§506.8 Procedure
§507 Procedure Generally
§508 Expedited Judicial Intervention Concerning Medical Treatment
Procedures
§508.1 Petition
§508.2 Notice
§508.3 Hearing
§510 Wills and Codicils
§511 Requirements of a Will
§511.1 Execution of the Will
§511.2 Self-Proof of Will
§511.3 Who May Be a Witness
§512 Writing the Will
§512.1 Estate Plan Data Sheet
§512.2 Devises to Trustee
§512.3 Separate Writing Identifying Tangible Property Devises
§513 Will Format
§514 Typing the Will
§514.1 Procedure
§515 The Codicil
§515.1 Procedure
§516 Revocation of Will or Codicil
§517
Construction of Wills and Codicils
§517.1
Generally
§517.2
Simultaneous Death Law
§517.3
Antilapse; Deceased Devisee; Class Gifts
§517.4
Change in Securities; Accessions; Nonademption
§517.5
Ademption by Satisfaction
§518
Contractual Arrangements Relating to Death
§518.1
Agreements Concerning Succession
§518.2
Waiver of Spousal Rights
§519
Florida Uniform Disclaimer of Property Interests Act
§519.1
Definitions
§519.2
Power to Disclaim
§519.3
Delivery or Filing
§519.4
Disclaimer of Interest in Property
§519.5
Disclaimer of Rights of Survivorship in Jointly Held Property
§519.6
Disclaimer of Property Held as Tenancy by the Entirety
§519.7
Disclaimer of Power of Appointment or Other Power Not Held in a
Fiduciary Capacity
§519.8
Disclaimer by Appointee, Object, or Taker in Default of Exercise
of Power of Appointment
§519.9
Disclaimer of Power Held in Fiduciary Capacity
§519.10
Tax Qualified Disclaimer
§519.11
Disclaimer Barred or Limited
§519.12
Recording of Disclaimer Relating to Real Estate
§520
Trusts
§521
Types of Trusts
§521.1
The Testamentary Trust
§521.2
The Irrevocable Living Trust
§521.3
The Revocable Living Trust
§521.4
The Reverter Trust
§522
Trusts
§522.1
Generally
§522.1.1
Definitions
§522.1.2
Knowledge
§522.1.3
Default and Mandatory Rules
§522.1.4
Principal Place of Administration
§522.1.5
Methods and Waiver of Notice
§522.1.6
Non-judicial Settlement Agreements
§522.2
Judicial Proceedings
§522.2.1
Role of the Court
§522.2.2
Jurisdiction and Venue
§522.2.3
Proceedings for Review of Employment of Agents and Review of
Compensation of Trustee and Trust Employees
§522.3
Representation
§523
Creation, Modification, and Termination of Trust
§523.1
Creation of a Trust
§523.1.1
Generally
§523.1.2
Foreign Trusts; Formalities for Revocable Trusts
§523.2
Trust Purposes
§523.2.1
Charitable Purposes
§523.2.2
Trust for Care of Animal
§523.2.3
Non-charitable Trust Without a Determined Beneficiary
§523.3
Modification, Reformation, Combination and Division of Trusts
§523.3.1
Modification
§523.3.2
Reformation
§523.3.3
Combination and Division of Trusts
§523.4
Revocable Trusts
§524
Creditors' Claims, Spendthrift and Discretionary Trusts
§524.1
Spendthrift Provisions
§524.2
Discretionary Trusts
§524.3
Creditors' Claims Against Settlor
§524.4
Trustee's Duty to Pay Expenses and Obligations
§524.5
Notice of Trust
§524.6
Overdue Distribution
§525
Trustees
§525.1
Generally
§525.2
Duties and Powers of Trustee
§525.2.1
Duties and Powers Generally
§525.2.2
Duty of Loyalty
§525.2.3
Duty to Inform and Account
§525.2.4
Trust Accountings
§525.2.5
Discretionary Powers; Tax Savings
§525.2.6
Administration Pending Outcome of Contest or Other Proceeding
§525.3
Specific Powers of Trustee
§525.4
Liability of Trustee; Attorneys’ Fees
§525.4.1
Remedies and Damages for Breach of Trust
§525.4.2
Attorneys' Fees
§525.5
Trustee’s Power to Invade Principal in Trust
§525.6
Distribution on Termination of Trust
§525.7
Liability of Trustee and Rights of Persons Dealing With Trustee
§525.7.1
Limitations on Proceedings Against Trustees
§525.7.2
Event Affecting Administration/Distribution
§525.7.3
Exculpation of Trustee
§525.7.4
Beneficiary’s Consent, Release, Ratification
§525.7.5
Limitation on Personal Liability of Trustee
§525.7.6
Protection of Person Dealing With Trustee
§525.7.7
Certification of Trust
§525.7.8
Improper Distribution of Payment; Liability of Distributee
§526
Charitable Trusts
§526.1
Definitions
§526.2
Powers and Duties of Trustee
§526.3
Power to Amend Trust Instrument
§526.4
Release
§527
The Legal Secretary’s Role in Trust Preparation
§528
Procedure
§530
Estate Administration
§531
General
§531.1
Introduction
§531.2
Definitions
§531.3
Evidence of Death or Status
§531.4
Pleadings, Motions, and Verification of Documents
§531.5
Execution by Personal Representative
§531.6
Venue of Probate Proceedings
§531.7
Suspension of Statutes of Limitations
§531.8
Intestate Succession
§531.8.1 Adopted Persons and Persons Born Out of Wedlock
§531.8.2 Escheat
§531.9
Appointment of an Administrator or Guardian ad Litem
§531.10
Appointment of a Curator
§532
Role of Attorney in Probate
§533
Production and Proof of Wills
§533.1
General
§533.1.1
Procedure
§533.2
Proof of Will by Commission
§533.2.1
Procedure
§533.3
Establishment and Probate of Lost or Destroyed Will
§534
Filing Evidence of Death
§535
Probate of Wills Without Administration
§535.1
Probate of Wills Without Administration
§535.2
Disposition of Personal Property Without Administration
§536 Adversary Proceedings
§536.1 Notice and Procedure
§536.2 Caption for Adversary Hearing
§536.3
Discovery
§537 Notice and Representation
§537.1 Formal Notice
§537.1.1 Procedure
§537.2 Informal Notice
§537.2.1 Procedure
§537.3 Notice of Civil Action or Ancillary Administration
§537.4 Waiver and Consent
§537.4.1 Procedure
§537.5 Request for Notice and Copies
§537.5.1 Procedure
§537.6 Effect of Notice
§537.7 Representation
§537.8 Times
§538
Miscellaneous Estate Procedures
§538.1
Caveat Proceedings
§538.1.1
Procedure
§538.2
Safe Deposit Box
§538.2.1
Procedure
§538.3
Arbitration of Disputes
§538.4
Revocation of Probate
§539
Florida Uniform Disposition of Community Property Rights at Death
§539.1
Perfection of Title
§539.2
Purchaser for Value or Lender, Creditors’ Rights
§540
Elective Share
§540.1
General
§540.2
Definitions
§540.3
Pretermitted Spouse and Children
§541
Property Entering into Elective Estate
§541.1
Exclusions and Overlapping Application
§541.2
Valuation of the Elective Estate
§541.3
Amount of Elective Share
§542
Sources from Which Elective Share Payable; Abatement
§543
Liability of Direct Recipients and Beneficiaries
§544
Valuation of Property Used to Satisfy Elective Share
§544.1
Definitions
§544.2
Value of Property
§545
Effect of Election on Other Interests
§545.1
Protection of Payors and Other Third Parties
§546
Election
§546.1
Who May Exercise Right of Election
§546.2
Time of Election; Extensions; Withdrawal
§547
Order of Contribution; Personal Representative’s Duty to Collect
Contribution
§550 [Reserved]
§560 Summary Administration
§561 Requirements for Summary Administration
§561.1 Venue
§561.2 Filing Death Certificate
§562 Petition for Summary Administration
§562.1 Who May File
§562.2 Contents of Petition
§562.3 Procedure
§563 Claims of Creditors
§563.1
Notice to Creditors
§563.2
Proof of Claim
§564 Summary Administration Hearing
§565
Summary Administration Distribution
§566
Role of the Legal Secretary
§570
Formal Administration
§571
Introduction
§571.1
General
§571.2
Service of Pleadings and Papers
§571.3
Service of Orders
§571.4
Filing Documents
§571.5
Time
§571.6 Effect of Probate
§571.7 Suspension of Statute of Limitations in Favor of Personal
Representative
§571.8 Determination of Beneficiaries
§571.9 Costs and Attorneys Fees
§571.10 General and Special Magistrates
§572
Requirements for Formal Administration
§573
Petition for Formal Administration
§573.1
Who May File
§573.2
Venue
§573.3
Probate of Will
§573.4
Contents of Petition
§573.5
Role of the Legal Secretary
§573.5.1
Procedure
§573.6 Notice and Representation
§573.6.1 Procedure
§573.7 Waiver and Consent/Request for Notice
§573.7.1 Procedure
§573.8 Representation
§574 Appointment of Personal Representative; Issuance of Letters
§574.1 Order Admitting Will to Probate and Appointment of Personal
Representative
§574.2 Appointment of Personal Representative
§574.2.1 Preference in Appointment of Personal Representative
§574.2.2 Persons Not Qualified
§574.2.3 Nonresidents
§574.2.4 Trust Companies and other Corporations and Associations
§574.3 Oath of Personal Representative
§574.3.1 Procedure
§574.4 Bond of Personal Representative
§574.4.1 Procedure
§574.5 Letters of Administration
§574.6 Notice of Administration
§574.6.1 Procedure
§574.7 Powers and Duties of Personal Representative
§574.8
Role of Personal Representative—Protected Homestead Property
§574.9
Accountings Other Than Personal Representative’s Final Accounting
§574.10
Determination of Beneficiaries and Shares
§575 Inventory
§575.1 General
§575.2 Preparation of Inventory
§575.2.1 Procedure
§576 Creditors’ Claims
§576.1 Notice to Creditors; Filing of Claims
§576.2 Limitations on Presentation of Claims
§576.3 Form and Manner of Presenting Claim
§576.3.1
Procedure
§576.4 Payment of and Objection to Claims
§576.4.1 Procedure for Objection to Claims
§576.5
Proof of Claim
§576.5.1
Procedure for Payment of Claims
§576.6 Order of Payment of Expenses and Obligations
§576.7 Compromise
§576.8 Execution and Levies
§576.8.1 Procedure
§576.9 Limitations on Claims Against Estates
§577 Special Procedures
§577.1 Spouse’s Share of Intestate Estate
§577.2 Elective Share
§577.2.1 General
§577.2.2 Election Procedure
§577.2.3 Petition for Dower
§577.2.4 Pretermitted Spouse
§577.2.5 Procedure
§577.3 Protected Homestead Property
§577.3.1 Notice of Lien on Protected Homestead
§577.3.2 Proceedings to Determine Amount of Lien on Protected Homestead
§577.3.3 Notice of Taking Possession of Protected Homestead
§577.3.4 Procedure
§577.4 Exempt Property
§577.4.1 Procedure
§577.5 Family Allowance
§577.5.1 Procedure
§577.6 Continuance of Unincorporated Business or Venture
§577.7 Sales of Real Property
§577.8 Partition for Purposes of Distribution
§577.9 Compulsory Payment of Devises or Distributive Interests
§577.10
Resignation of Personal Representative
§577.11
Removal of Personal Representative
§577.12
Exculpation of Personal Representative
§578
Taxes
§578.1
State of Florida
§578.1.1
Florida Estate Taxes
§578.1.2
Tangible Tax
§578.1.3
Intangible Tax
§578.2
Federal Taxes
§578.2.1
Decedent’s Income Tax Return — Form 1040/Fiduciary Income Tax
Return — Form 1041
§578.2.2
Federal Estate/Gift Tax Return-Form 706
§578.3
Notice of Federal Estate Tax Return
§579
Compensation of Personal Representatives and Professionals
§579.1
Compensation of Personal Representative
§579.2
Compensation of Attorney for Personal Representative
§579.3 Proceedings for Review of Employment of Persons Employed by Personal
Representative and Reasonableness of Compensation
§580 Closing the Estate
§581 General
§582 Extensions of Time
§582.1 Procedure
§583 Petition for Discharge and Final Accounting
§583.1 Petition for Discharge
§583.2 Final Accounting
§583.3 Objections to Petition for Discharge or Final Accounting
§583.4 Procedure
§584 Waivers
§584.1 Procedure
§585 Distribution and Final Discharge
§585.1 General
§585.2 Proceedings for Compulsory Payment of Devises or Distributive
Interest
§585.3 Order in Which Assets Abate
§585.4 Disposition of Proceeds of Death Benefits
§585.5 Distribution in Kind; Valuation
§585.6 Disposition of Unclaimed Property
§585.7 Final Discharge
§585.8 Procedure
§586
Subsequent Administration
§587
Role of Legal Secretary in Formal Administration
§588
Ancillary Administration
§588.1
Foreign Personal Representative
§588.2
Jurisdiction by Act of Personal Representative or Decedent
§588.3
Ancillary Administration
§588.4 Nonresident Decedent’s Testate Estate with Property Not Exceeding
$50,000 in Florida; Determination of Claims
§588.5
Admission to Record of Foreign Wills
§590
Glossary
6.
Guardianship
§600
Introduction
§601
General
§601.1
Definitions
§601.2
Pleadings, Motions, and Verification of Documents
§601.3
Court Monitors
§601.4
Emergency Court Monitor
§601.5
Records of Proceedings
§601.6
Hearings
§602
Jurisdiction and Venue
§603
Types of Guardianship
§603.1
Natural Guardian
§603.2
Emergency Temporary Guardian
§603.3
Standby Guardianship
§603.4
Preneed Guardianship
§603.5
Foreign Guardianship
§603.6
Resident Guardian of Property of Nonresident Incapacitated Person
§603.7
Voluntary Guardianship
§603.8
Public Guardianship
§603.9
Veterans Administration Guardianship
§603.10
Professional Guardian
§603.11
Guardian Advocate
§603.12
Guardian Ad Litem
§603.13
Management of Property of Nonresident Ward by Foreign Guardian
§604
Selection of Guardians
§604.1
Persons Who May be Appointed Guardian of Resident Ward
§604.2
Considerations in Appointment of Guardian
§604.3
Investigation of Guardians
§605
Statute of Limitations
§606
Role of Attorney in Guardianship
§607
Notice and Filing
§607.1
Formal Notice
§607.1.1
Service of Formal Notice
§607.1.2
Procedure
§607.2
Informal Notice
§607.3
Waiver of Notice and Consent
§607.3.1
Procedure
§607.4
Request for Notice and Copies
§607.4.1
Procedure
§607.5
Effect of Notice
§608
Preneed Guardianship
§609
Expedited Judicial Intervention Concerning Medical Treatment
Procedures
§609.1
Petition
§609.2
Notice
§609.3
Hearing
§610
Commencement of Guardianship
§611
Procedures to Determine Incapacity
§611.1
Petition to Determine Incapacity
§611.1.1
Procedure
§611.2
Notice of Petition to Determine Incapacity
§611.2.1
Procedure
§611.3
Appointed Counsel
§611.4
Examining Committee
§611.5
Hearing on Incapacity
§611.6
Order Determining Incapacity
§611.7
Costs and Fees
§612
Appointment of Guardian
§612.1
Petition for Appointment of Guardian
§612.2
Petition for Appointment of Emergency Temporary Guardian
§612.3
Standby Guardian
§612.3.1
Petition for Appointment of Standby Guardian for Minor
§612.3.2
Petition for Appointment of Standby Guardian for Incapacitated
Person
§612.3.3
Petition for Confirmation of Standby Guardian
§612.4
Foreign Guardians
§612.5
Voluntary Guardianship
§612.6
Guardian Advocate
§612.6.1
Petition for Appointment
§612.6.2
Notice
§612.6.3
Counsel
§612.6.4
Order
§612.7
Notice
§612.8
Procedure
§613
Application for Appointment as Guardian
§613.1
Credit and Criminal Investigation
§614
Guardian Education Requirements
§614.1
Professional Guardian Education Requirements
§615
Responses to Petition, Adversary Proceedings, Discovery
§615.1
Notice and Procedure
§616
Order Appointing Guardian
§616.1
Procedure
§617
Requirements of Guardian Before Letters are Issued
§617.1
Oath of Guardian, Designation of Resident Agent and Acceptance
§617.1.1
Procedure
§617.2
Bond of Guardian
§617.2.1
Bond of Professional Guardian
§617.2.2
Procedure
§617.3
Depository for Ward's Assets
§617.3.1
Procedure
§618
Letters of Guardianship
§619
Determination Regarding Alternatives to Guardianship
§620
Powers, Duties and Responsibilities of the Guardian
§621
Introduction
§622
Powers and Duties of Guardian
§622.1
Rights Only with Extraordinary Authority
§622.2
Powers of Guardian Upon Court Approval
§622.3
Powers of Guardian Without Court Approval
§622.4
Petition for Approval of Acts
§622.5
Conflicts of Interest; Prohibited Activities; Court Approval;
Breach of Fiduciary Duty
§623
Initial Guardianship Report; Initial Guardianship Plan; Inventory
§623.1
Initial Guardianship Report
§623.2
Initial Guardianship Plan
§623.3
Verified Inventory
§623.4
Procedure
§624
Annual Guardianship Report/Annual Guardianship Plan/Annual
Financial Return
§624.1
Annual Guardianship Reports
§624.2
Annual Guardianship Plan
§624.3
Annual Accounting
§624.4
Magistrate’s Review of Guardianship Accountings and Plans
§624.5
Objection to Annual Guardianship Returns
§624.6
Simplified Accounting Procedures
§624.7
Procedure
§625
Review of Initial and Annual Reports
§625.1
Responsibilities of the Clerk of the Circuit Court
§625.2
Judicial Review of Guardianship Reports
§625.3
Relief to Be Granted
§625.4
Judicial Review of Guardianship
§625.5
Magistrates’ Review of Guardianship Accountings, Inventories, and
Plans
§625.6
Reports of Public Guardian
§625.7
Inspection of Report
§626
Other Aspects of Guardianship Administration
§626.1
Petition and Notice for Authorization to Act or Approval of Acts
§626.2
Payments to Guardian (For Care of Ward)
§626.3
Settlement of Claims
§626.3.1
Generally
§626.3.2
Settlement of Minors' Claims
§626.4
Actions by and Against Guardian or Ward
§626.5
Continuance of Unincorporated Business or Venture of Ward
§626.6
Conveyance of Various Property Rights by Guardian Authorized to
Manage Ward's Property
§626.7
Application of Income of Property of Ward
§626.8
Petition for Support of Ward's Dependents
§626.9
Change in Ward's Residence
§626.10
Petition for Extraordinary Authority
§626.11
Production of Property
§626.12
Delegation of Authority; Surrogate Guardian
§626.13
Annual Appearance of the Guardian
§626.14
Subsequently Discovered or Acquired Property
§626.15
Procedure Generally
§630
Reserved
§640
Restoration of Rights/Capacity
§641
Restoration of Rights of Person with Developmental Disability
§642
Restoration of Capacity
§642.1
Suggestion of Capacity
§642.2
Procedure
§642.3
Order of Restoration
§650
Termination of Guardianship
§651
Termination—Resignation or Disqualification of Guardian
§651.1
Resignation/Disqualification
§651.2
Successor Guardian
§651.3
Procedure
§652
Removal of Guardian
§652.1
Reasons for Removal
§652.2
Removal, Accounting, Surrender of Property
§653
Termination—Change of Domicile of Ward
§654
Termination Procedure
§654.1
General
§654.1.1
Petition for Discharge
§654.1.2
Final Reports
§654.1.3
Notice
§654.1.4
Service
§654.1.5
Objections
§654.1.6
Waiver
§654.2
Discharge of Guardian Named as Personal Representative
§654.3
Order of Discharge
§654.4
Disposition of Unclaimed Funds Held by Guardian
§655
Guardian's and Attorney's Fees and Expenses
§660
Other Types of Guardianship
§661
Veterans’ Guardianship
§661.1
Generally
§661.2
Definitions
§661.3
Procedure for Commitment of Veteran to United States Department
of Veterans Affairs Hospital
§661.4
Appointment of Guardian
§661.4.1
Who May Be Appointed Guardian
§661.4.2
Notice
§661.4.3
Bond of Guardian
§661.5
Duties, Rights, and Powers of Guardian
§661.5.1
Inventory of Ward’s Property
§661.5.2
Annual Guardianship Report
§661.5.3
Receive Moneys from the United States Government
§661.5.4
Petition for Support, or Support and Education of Ward’s
Dependents
§661.5.5
Investment of Funds
§661.5.6
Authority to Sell Real Estate
§661.6
Closing Guardianship
§661.6.1
Discharge of Guardian
§661.6.2
Final Settlement of Guardianship
§661.6.3
Appointment of General Guardian; Closing of Veteran’s
Guardianship
§661.7
Attorney Fees and Guardianship Compensation
§661.7.1
Attorney’s Fees
§661.7.2
Guardianship Compensation
7.
Criminal Law
§700
Criminal Law
§701
Introduction
§701.1
Role of Legal Secretary in Criminal Law
§701.2
New Client File
§701.3
Calendar/Docket Control
§701.4
Client Interview
§702
What Is a Crime?
§702.1
Sources of Criminal Law
§702.2
Capacity for Crime or Punishment
§702.2.1
Minority
§702.2.2
Incompetency/Insanity
§702.3
Elements of a Crime
§702.4
Participation in a Crime
§702.5
Classes of Offenses
§702.5.1
Felonies
§702.5.2
Misdemeanors
§702.6
Entrapment
§703
Criminal Offenses Generally
§703.1
Crimes Against the Person
§703.2
Crimes Against Property
§703.3
Other Classes of Crimes
§703.4
Certain Specific Crimes Defined by Statute
§703.4.1
Homicide
§703.4.1.1
Murder
§703.4.1.2
Attempted Felony Murder
§703.4.1.3
Murder of a Law Enforcement Officer
§703.4.1.4
Manslaughter/Aggravated Manslaughter
§703.4.1.5
Vehicular Homicide
§703.4.1.6
Vessel Homicide
§703.4.1.7
Assisting Self-Murder (Suicide)
§703.4.1.8
Commercial Exploitation of Self-Murder
§703.4.1.9
Killing of Unborn Quick Child by Injury to Mother
§703.4.2
Assault and Battery; Culpable Negligence
§703.4.2.1 Assault and Battery
§703.4.2.2
Assault and/or Battery on Specific Individuals
§703.4.2.3
Culpable Negligence
§703.4.2.4
Stalking
§704
Penalties/Punishment
§704.1
Death Penalty/Imprisonment Generally
§704.2
Prison Releasee Reoffender
§704.3
Career Criminals
§704.3.1
Purpose and Policies
§704.3.2
Definitions
§704.3.3
Habitual Misdemeanor Offender; Habitual Felony Offender or
Habitual Violent Felony Offender: Procedure and Sentencing
§704.3.4
Three-Time Violent Felony Offender: Procedure and Sentencing
§704.3.5
Violent Career Criminal: Procedure and Sentencing
§704.4
Additional Considerations in Sentencing
§704.4.1
Violent Offenses Committed Against Law Enforcement Officers,
Correctional Officers, State Attorneys, Assistant State Attorneys,
Justices, or Judges
§704.4.2
Wearing a Mask While Committing Offense
§704.4.3
Wearing Bulletproof Vest While Committing Certain Offenses
§704.4.4
Evidencing Prejudice While Committing Offense (Hate Crime)
§704.4.5
Possession or Use of a Weapon; Aggravated Battery
§704.4.6
Terrorism
§704.4.7
Unlawful Taking, Possession, or Use of Law Enforcement Officer’s
Firearm
§704.5
Fines
§704.6
Restitution
§704.6.1
Issuance of Income Deduction Order with an Order of Restitution
§704.6.2
Enforcement of Income Deduction Orders
§704.7
Civil Restitution Lien Orders
§704.7.1
Purpose and Policies
§704.7.2
Definitions
§704.7.3
Determination of Damages/Losses
§704.7.4
Enforcement
§704.7.5
Effect of Civil Restitution Lien Order
§704.8
Florida Sexual Predators Act
§704.8.1
Purpose and Policies
§704.8.2
Definitions
§704.8.3
Sexual Predator Criteria
§704.8.4
Registration
§704.8.5
Community and Public Notification
§704.8.6
Penalties
§704.9
Florida Career Offender Registration Act
§704.9.1
Purpose and Policies
§704.9.2
Definitions
§704.9.3
Criteria for Registration
§704.9.4
Registration
§704.9.5
Removal of Requirement to Register as a Sexual Offender or Sexual
Predator in Special Circumstances
§704.9.6
Community and Public Notification
§704.9.7
Penalties
§704.10
Other Penalties
§704.10 1
General Points
§704.10 2
Registration of Convicted Felons
§704.10 3
Additional Penalties for Drug Offenses
§705
Statute of Limitations—Prosecution of Crimes
§705.1
Generally
§705.2
Time Limitations
§706
Jurisdiction and Venue
§706.1
Jurisdiction
§706.1.1
Special Maritime Jurisdiction
§706.2
Venue
§706.2.1
Place of Trial Generally
§706.2.2
Other Factors Determining Venue
§706.2.3
Transfer from County for Plea and Sentence
§707
Defenses Generally and Rights of the Accused
§707.1
Defenses
§707.2
Rights of the Accused
§708
Traffic Offenses
§708.1
Criminal Traffic Offenses
§708.2
Noncriminal Offenses
§710
From Arrest Through Arraignment
§711
General
§711.1
Service of Pleadings and Papers
§711.2
Filing Documents
§711.3
Preparation of Documents for Filing; Court Requirements
§711.4
Time
§711.4.1
Computing Time
§711.4.2
Enlargement of Time
§711.4.3
Time for Service of Motions and Notice of Hearing
§711.5
Providing Counsel to Indigents
§711.5.1
General Points
§711.5.2
When Counsel Provided
§711.5.3
Determination of Indigency
§711.5.4
Duty of Booking Officer
§711.5.5
Waiver of Counsel
§711.5.6
Withdrawal of Defense Counsel After Judgment and Sentence
§711.6
Minimum Standards for Attorneys in Capital Cases
§711.7
Presence of Defendant at Proceedings
§712
Preliminary Proceedings
§712.1
Initiation of Process
§712.1.1
Arrest with Warrant
§712.1.2
Arrest without Warrant
§712.1.3
Arrest by Federal Law Enforcement Officers
§712.1.4
Notice to Appear
§712.1.5
Summons
§712.1.6
Rights of Person Arrested
§712.2
Search and Seizure at Time of Arrest
§712.2.1
Stop and Frisk Law
§712.2.2
Search of Person Arrested
§712.2.3
Strip Search
§712.3
Search/Inspection and Seizure with Warrant
§712.3.1
Search and Seizure Procedure Generally
§712.3.2
Grounds for Search and Seizure
§713.3.3
Search and Seizure of Occupied Private Dwelling
§713.3.4
Return of Property Seized
§712.4
Inspection Warrants
§712.5
Other Rights/Duties of Law Enforcement Officers
§712.5.1
Officer May Summon Assistance
§712.5.2
Officer May Break into Building
§713
Procedure After Arrest
§713.1
First Appearance
§713.2
Pretrial Release
§713.2.1
Pretrial Release Under the Anti-Murder Act
§713.2.2
Pretrial Release—Citizens’ Right-to-Know
§713.3
Pretrial Detention
§713.4
Bail/Bond
§713.4.1
Bail Generally
§713.4.2
Setting or Modification of Bail After First Appearance
§713.4.3
Bail Before Conviction/Revocation
§713.4.4
Appearance Bonds
§713.4.5
Bail on Appeal
§713.4.6
Sureties
§713.4.7
Money, Bonds, or Guaranteed Arrest Bond Certificates as Bail
§713.4.8
Surrender/Arrest of Defendant
§713.4.9
Forfeiture of Bond
§713.4.10
Remission of Forfeiture
§713.4.11
Cancelling the Bond
§714
Pretrial Probable Cause Determination and Preliminary Hearings
§714.1
Nonadversary Probable Cause Determination
§714.2
Adversary Preliminary Hearing
§715
Formal Charges by Indictment or Information
§715.1
Grand Jury
§715.1.1
Generally
§715.1.2
Who May Be Present During Grand Jury Proceedings
§715.1.3
Duties of Grand Jury
§715.1.4
Disclosure of Grand Jury Proceedings
§715.1.5
Publication of Report or Presentment
§715.2
Methods of Prosecution
§715.3
Form of Indictment/Information
§715.4
Statement of
Particulars
§716
Joinder/Severance of Offenses and Defendants; Consolidation of
Related Offenses
§716.1
Joinder of Offenses and Defendants
§716.2
Consolidation of Related Offenses
§716.3
Severance of Offenses and Defendants
§717
Arraignment and Pleas
§717.1
Arraignment
§717.2
Pleas
§717.3
Plea Discussions and Agreements
§717.4
Acceptance of Guilty or Nolo Contendere Plea
§717.5
Withdrawal of Plea
§718
Role of Legal Secretary
§718.1
Arrest
§718.1.1
Procedure
§718.2
Bond/Pretrial Release
§718.2.1
Procedure
§718.3
Probable Cause Determination
§718.3.1
Procedure
§718.4
Indictment/Information
§718.4.1
Procedure
§718.5
Joinder/Consolidation
§718.5.1
Procedure
§718.6
Preliminary Motions to Dismiss Prior to Arraignment
§718.6.1
Procedure
§718.7
Arraignment/Pleas
§720
Pretrial Procedure
§721
Pretrial Motions
§721.1
Motions to Dismiss
§721.1.1
Procedure
§721.2
Motion for Continuance
§721.2.1
Procedure
§722
Reserved
§723
Suppression of Evidence
§723.1
Suppression of Evidence in Unlawful Search
§723.2
Suppression of Statement, Admission or Confession
§723.3
Procedure
§724
Deposition to Perpetuate Testimony
§724.1
Procedure
§725
Speedy Trial
§725.1
Procedure
§726
Notices Required
§726.1
Notice of Alibi
§726.1.1
Procedure
§726.2
Battered-Spouse Syndrome
§726.3
Notice of Intent to Seek Death Penalty
§726.4
Notice of Intent to Present Expert Testimony of Mental Mitigation
§727
Change of Venue
§728
Pretrial Conference
§730
Discovery
§731
Generally
§731.1
Election of Defendant to Participate in Discovery
§731.1.1
Procedure
§731.2
Restricted Disclosure
§731.3
Matters Not Subject to Discovery
§731.4
In Camera Proceedings
§732
Disclosure to Prosecution
§733
Prosecution Discovery Obligation
§734
Defense Obligations
§735
Discovery Depositions
§735.1
Generally
§735.2
Depositions Prohibited Absent Court Order
§735.3
Transcripts
§735.4
Witness Coordinating Office
§735.5
Defendant’s Physical Presence
§735.6
Procedure
§736
Protective Orders
§737
Compelling Discovery
§737.1
Procedure
§738
Sanctions
§739
Other Motions Which May Arise After Discovery and Before Trial
§739.1
Procedure
§740
Reserved
§750
Reserved
§760
From Trial to Sentencing
§761
Generally
§762
Trial by Jury
§762.1
Introduction
§762.2
Voir Dire Examination, Oath, and Excusing of Member
§762.3
Challenge to Jury
§762.3.1
Challenge of the Jury Panel
§762.3.2
Challenge of Individual Members for Cause
§762.3.3
Peremptory Challenges
§763
Working with the Attorney Before and During Trial
§763.1
Before Trial
§763.2
During Trial
§764
Trial Procedure
§765
Verdict
§766
Post-Trial
§766.1
Motions; Procedure; Custody Pending Hearing
§766.2
Grounds for New Trial
§766.3
Grounds for Motion for Arrest of Judgment
§766.4
Conviction Sustains Only Lesser Offense
§766.5
Effect of Granting New Trial
§767
Post-Trial Release
§768
Petition to Expunge or Seal Criminal Record
§768.1
Requirements—Certificate of Eligibility and Sworn Statement
(Affidavit)
§768.2
Procedure
§770
Sentencing
§771
Generally
§772
Presentence Investigation and Report
§773
Sentencing Guidelines
§773.1
Offense Categories
§773.2
Rules and Definitions
§773.3
Nonexclusive Factors to Support Departure from Sentencing
Guidelines
§773.3.1
Aggravating Circumstances
§773.3.2
Mitigating Circumstances
§773.4
Role of Legal Secretary
§773.5
Offense Severity Chart
§773.6
Sentencing Guidelines Scoresheet
§774
Concurrent vs. Consecutive Sentences
§775
Sentencing Hearing
§776
Capital Felonies
§776.1
Aggravating Circumstances
§776.2
Mitigating Circumstances
§777
Sentence of Death or Life Imprisonment for Capital Drug
Trafficking Felonies
§777.1
Aggravating Circumstances
§777.2
Mitigating Circumstances
§778
Probation and Community Control
§778.1
Definitions
§778.2
When the Court May Impose a Fine or Order Probation or Community
Control
§778.3
Split Sentence of Probation or Community Control and Imprisonment
§778.4
Administrative Probation
§778.5
Presentence Investigation Report
§778.6
Terms and Conditions of Probation
§778.6.1
Public Service
§778.6.2
Restitution
§778.6.3
Residential Treatment
§778.6.4
Work Programs
§778.6.5
Education
§778.6.6
Batterers’ Intervention Program
§778.6.7
Special Conditions
§778.7
Period of Probation; Early Termination
§778.8
Violation, Revocation, Modification Generally
§778.8.1
Lunsford Act Proceedings
§778.8.2
Anti-Murder Act Proceedings
§778.9
Community Control Programs
§778.10
Terms and Conditions of Community Control and Criminal Quarantine
Community Control
§778.11
Misdemeanor Probation Services
§779
Correction, Reduction and Modification of Sentences
§780
Post Conviction Relief
§781
Motion to Vacate, Set Aside, or Correct Sentence
§781.1
Capital Post-Conviction Public Records Production
§781.1.1
Definitions
§781.1.2
Filing and Service
§781.1.3
Action Upon Issuance of Mandate
§781.1.4
Action Upon Receipt of Notice or Mandate
§781.1.5
Exempt or Confidential Public Records
§781.1.6
Demand for Additional Public Records
§781.1.7
Cases in Which Mandate Was Issued Prior to October 1, 1998
§781.1.8
Limitation on Postproduction Request or Additional Records
§781.1.9
Authority of the Court
§781.1.10
Scope of Production and Resolution of Production Issues
§781.1.11
Destruction of Records Repository Records
§782
Collateral Relief After Death Warrant Signed
§782.1
Appointment of Post-Conviction Counsel
§782.2
Preliminary Procedure
§782.3
Contents of Motion(s)
§782.4
Procedure, Evidentiary Hearing, Disposition
§782.5
Case Management Conference; Evidentiary Hearing
§782.6
After Evidentiary Hearing
§782.7
Rehearing
§782.8
Incompetence to Proceed in Capital Collateral Proceedings
§782.9
After Death Sentence Signed
§782.10
Dismissal of Post-Conviction Proceedings
§783
Criminal Appeal Reform Act of 1996
§783.1
Terms and Conditions of Appeals and Collateral Review
§783.2
Time Limitations for Post-Conviction Proceedings in Capital Cases
§783.3
Appeal by Defendant
§783.4
Collateral Relief
§783.5
Appeal by State
§783.6
Application for Executive Clemency
§784
Bail/Bond
§785
Blood or Other Biological Specimen Testing for DNA Analysis
§786
Post-Conviction DNA Testing of Evidence
§787
Appellate Orders
§790
Miscellaneous
§791
Criminal Contempt
§791.1
Direct Criminal Contempt
§791.2
Indirect Criminal Contempt
§792
Criminal Maximum Penalties
§793
Glossary of Terms
§794
Rules Time Chart
Table
of Authorities
Index
Updated 04/06/12
