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Table of Contents
Volume 1
1. Real Estate
§100 Introduction
§101 Classifications of Property
§102 History
§103 Source of Title in Florida
§104 Locating the Property
§104.1 Government Survey
Map:
Florida Map with Survey Lines and Section Chart
Chart:
Structure of Congressional Townships
§104.2 Metes and Bounds
§104.3 Maps and Plats
§105 Official or Public Records
§106 Conveyances of Real Property
§106.1 General
§106.2 Conveyance by an Individual
§106.3 Conveyance by a Corporation
§106.4 Conveyances to or by a Partnership
§106.5 Conveyance Between Husband and Wife; Homestead
§106.6 Conveyance by Trustee
§107 Florida Uniform Statutory Rule Against Perpetuities
§107.1 Statement of the Rule
§107.2 Exclusions From Statutory Rule Against Perpetuities
§107.3 Application
§107.4 Construction
§107.5 Reformation
§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
§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
§122.4 Typing the Contract
§122.5 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 Acknowledgements
§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 Acknowledgements 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
§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
§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
§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 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
§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
§212.4.3 Name Reservation/Registration of Trade/Service Mark
§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
Entity
§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 Other Actions
§214.4.1 Sale of Corporate Assets
§214.4.2 Shareholder’s Appraisal Rights of Corporate Shares
§214.4.2.1
Definitions
§214.4.2.2
Right of Shareholders to Appraisal
§214.4.2.3
Assertion of Rights by Nominees and Beneficial Owners
§214.4.2.4
Notice of Appraisal Rights
§214.4.2.5
Notice of Intent to Demand Payment
§214.4.2.6
Appraisal Notice and Form
§214.4.2.7
Perfection of Rights; Acceptance of Corporation’s Offer; Right to Withdraw
§214.4.2.8
Court Action
§214.4.2.9
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 Conversion of Partnership to Limited Partnership
§227.1.2 Conversion of Limited Partnership to Partnership
§227.1.3 Effect of Conversion
§227.2 Merger of Partnerships
§227.2.1 Plan of Merger
§227.2.2 Statement of Merger
§227.3 Effect of Merger
§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
Limited Partnerships
§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
§235.4 Contributions and Distributions
§235.4.1 Contributions
§235.4.2 Sharing of Profits, Losses, and Distributions
§235.4.3 Distributions
§235.5 Dissociation
§235.5.1 Dissociation as Limited Partner
§235.5.2 Dissociation as General Partner
§235.5.3 Procedure
§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 Annual Report (Uniform Business Reports), Dissolution,
Revocation, Reinstatement
§237.1 Uniform Business Report (Annual Report)
§237.2 Dissolution
§237.2.1 Generally
§237.2.2 Administrative Dissolution
§237.2.3 Revocation of Certificate of Authority
§237.2.4 Reinstatement Following Administrative Dissolution
§237.2.5 Appeal From Denial of Reinstatement
§237.2.6 Revocation of Dissolution
§237.3 Winding Up
§237.4 Procedure
§238 Conversions and Mergers
§238.1 Conversions
§238.1.1 Conversion of Partnership to Limited Partnership
§238.1.2 Conversion of Limited Partnership to Partnership
§238.1.3 Effect of Conversion
§238.2 Merger of Domestic Limited Partnerships
§238.2.1 Plan of Merger
§238.2.2 Action on Plan of Merger
§238.2.3 Articles of Merger
§238.2.4 Effect of Merger
§239 Dissolution/Cancellation of Limited Partnership; Revocation of
Authority to Transact Business;
Reinstatement
§239.1 Dissolution/Cancellation of Certificate of Limited
Partnership
§239.2 Revocation of Authority to Transact Business;
Reinstatement
§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
§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 Preparation of Documents for Filing; Court Requirements
§307 Indigence
§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 Expedited Trials
§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
§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 File
§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
§381 Rules Time Chart
§382 Sheriff’s Fees and Costs
§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. Dissolution of Marriage
§400 Introduction
§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 Child Custody Generally
§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
§404.4.9 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
§408.7 Child Support
§408.8 Temporary Support
§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 Supplementing Responses
§453.9 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 Procedure
§473 Enforcement of Child Support, Alimony 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
§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 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
§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 Grandparent’s Right to Adopt
§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 Persons Required to Consent; Affidavit of
Non-Paternity
§492.1.2 Waiver of Venue
§492.1.3 Execution of Consent to Adoption or Affidavit of
Non-Paternity
§492.1.4 Procedure [Reserved]
§492.2 Termination of Parental Rights Pending Adoption
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