Florida
Florida state laws, regulations, court decisions, and active legislation
Overview
Florida's legal system serves the third-most-populous state and one of the most diverse populations in the nation. The state's legal framework has shifted significantly in recent years, with major legislation on education, firearms, immigration, and social policy. Florida is known for its broad public records law ('Sunshine Law') and homestead protections that are among the strongest in the nation.
Florida has no state income tax, relying on sales tax and tourism revenue. The state's legal landscape includes a robust medical marijuana program (though recreational remains illegal), permitless concealed carry, strong self-defense laws including Stand Your Ground, and one of the most active death penalty systems in the country. Florida's insurance law is significant given the state's exposure to hurricanes.
Court Structure
Florida's court system includes county courts (limited jurisdiction), circuit courts (general trial courts organized into 20 circuits), five District Courts of Appeal, and the Florida Supreme Court. The Governor appoints appellate and Supreme Court justices from judicial nominating commission lists, with subsequent merit retention elections. County and circuit judges are elected in nonpartisan elections.
Unique Laws & Facts
- •Florida's homestead exemption protects unlimited equity in a primary residence from creditors
- •The Sunshine Law makes virtually all government records and meetings open to the public
- •Stand Your Ground provides no duty to retreat before using deadly force
- •Florida has no state income tax — guaranteed by the state constitution
- •The state's Baker Act allows involuntary psychiatric examination for up to 72 hours
Legal Landscape
Florida's legal landscape combines strong property protections, no income tax, permissive self-defense laws, and an increasingly active legislative agenda on social and cultural issues. The state's rapid population growth, hurricane exposure, and tourism economy create unique legal challenges in insurance, property, environmental, and immigration law.
Key Florida Laws (27)
Home Protection; Use or Threatened Use of Deadly Force (Stand Your Ground)
In Florida, you have no legal obligation to retreat before using force, including deadly force, if you reasonably believe it's necessary to prevent death, serious injury, or a forcible felony. This applies in your home, vehicle, or any place you have a right to be.
Parental Rights in Education (HB 1557)
Florida prohibits classroom instruction on sexual orientation or gender identity in kindergarten through 3rd grade, and restricts such instruction in other grades to what is deemed 'age-appropriate' by state standards.
Driving Under the Influence – Penalties
Florida sets the DUI limit at 0.08% BAC with enhanced penalties at 0.15%. First offenders face fines up to $1,000, up to 6 months in jail, and 10-day vehicle impoundment. Florida does not allow judges to withhold adjudication for high-BAC or repeat DUI offenses.
Carrying Concealed Weapons – Permitless Carry
Florida allows permitless concealed carry for adults 21+ but prohibits open carry in most situations. There is a 3-day waiting period for handgun purchases. The minimum purchase age for all firearms is 21. A red flag law allows courts to temporarily remove guns from dangerous individuals.
Residential Landlord and Tenant Act – Security Deposits
Florida places no limit on security deposits. Return required within 15 days (no deductions) or 30 days (with itemized deductions by certified mail). No rent control (preempted statewide). 3-day notice for non-payment eviction. Deposits must be held in a separate account.
Medical Use of Marijuana – Compassionate Medical Cannabis Act
Florida allows medical marijuana for patients with qualifying conditions like cancer, PTSD, and epilepsy. Patients may possess a 70-day supply including smokable flower. Recreational marijuana remains illegal, with possession over 20 grams classified as a felony.
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
Florida's FDUTPA bans deceptive and unfair trade practices. AG can impose $10,000 per violation. Consumers can sue for actual damages and attorney's fees but not treble or punitive damages. Four-year statute of limitations. Broadly interpreted regardless of intent.
Driving Under the Influence
Florida prohibits driving with a BAC of 0.08% or while impaired. First offense brings fines up to $1,000, possible jail, and license revocation. BAC above 0.15% triggers enhanced penalties. A fourth DUI is automatically a felony.
Battery
Florida battery is intentionally touching or striking someone against their will. Simple battery is a first-degree misdemeanor with up to one year jail. Causing great bodily harm elevates it to a felony. Use of a deadly weapon makes it aggravated battery.
Assault
Florida assault is an intentional threat of violence with apparent ability to act, creating reasonable fear. Simple assault is a second-degree misdemeanor (60 days jail). Aggravated assault with a deadly weapon is a third-degree felony (5 years).
Possession of Controlled Substances
Possessing controlled substances without a prescription is illegal in Florida. Schedule I and II substances carry third-degree felony charges (up to 5 years). Cannabis over 20 grams is a felony; 20 grams or less is a misdemeanor.
Theft
Florida theft of property worth $750 or more is grand theft (felony). Under $750 is petit theft (misdemeanor). Second petit theft convictions are enhanced, and a third petit theft becomes a felony regardless of the amount stolen.
Dissolution of Marriage — Grounds
Florida allows no-fault divorce when the marriage is irretrievably broken. Six months of residency is required. Property is divided through equitable distribution. The court may order counseling if one party contests the breakdown.
Custody and Timesharing
Florida uses 'timesharing' instead of custody, with a presumption of equal time for both parents. Courts determine parenting plans based on the child's best interests, considering each parent's fitness, the child's routine, and domestic violence history.
Child Support Guidelines
Florida child support uses an income shares model based on both parents' combined income. Overnight timesharing above 20% reduces the obligation. Support continues to age 18 (or 19 if in high school). Deviations over 5% require written justification.
Minimum Wage
Florida's minimum wage increases annually toward $15/hour by 2026, reaching $13.00 in September 2024. Tipped employees receive at least $9.98/hour direct wages. Local governments cannot set higher minimums. Violators owe back wages plus liquidated damages.
Whistleblower Protection — Private Sector
Florida protects private-sector employees from retaliation for reporting or refusing to participate in illegal employer activities. Victims can sue within two years for reinstatement, back pay, and damages including attorney fees.
At-Will Employment
Florida is an at-will employment state where either party can end the employment at any time. Exceptions include anti-discrimination laws, whistleblower protections, and retaliation for workers' compensation claims or jury service.
Security Deposits — Residential Tenancies
Florida landlords must hold security deposits in a separate Florida bank account and notify tenants within 30 days. Deposits must be returned within 15 days if unclaimed. Landlords who fail to follow notice procedures forfeit deposit claims. No deposit cap exists.
Termination of Rental Agreement — Eviction
Florida requires three days' notice for nonpayment evictions and seven days for lease violations. Month-to-month tenancies need 15 days' notice. Self-help evictions like changing locks are illegal. Tenants may contest evictions in court.
Florida Revised Limited Liability Company Act
Florida LLCs are formed by filing with the Division of Corporations. Members have personal liability protection. No state income tax applies to individuals. Annual reports must be filed by May 1 each year or the LLC faces dissolution.
Motor Vehicle Warranty Enforcement (Lemon Law)
Florida's lemon law covers new vehicles with unrepaired defects after three repair attempts or 30 days out of service within 24 months. Consumers use state arbitration. Successful claims result in vehicle replacement or refund minus usage offset.
Florida Deceptive and Unfair Trade Practices Act
Florida's FDUPTA prohibits unfair and deceptive business practices including false advertising. Consumers can sue for actual damages plus attorney fees. The AG can seek injunctions and penalties. Claims must be filed within four years of discovery.
Intestate Succession
Florida intestate succession gives the surviving spouse the entire estate if all descendants are shared. With non-shared descendants, the spouse gets half. Homestead property has special protections for surviving spouses and minor children.
Execution of Wills
Florida wills must be written, signed by the testator, and witnessed by two people in each other's presence. Florida does not recognize holographic wills. The testator must be 18 and of sound mind. Electronic wills are allowed with safeguards.
Unlawful Speed
Florida sets speed limits at 30 mph in residential areas, 55 mph on regular roads, and 70 mph on highways. Fines double in school and construction zones. Exceeding the limit by 50+ mph brings mandatory court appearance and license revocation.
County Court — Small Claims
Florida small claims court handles disputes up to $8,000 with simplified procedures. Pre-trial mediation is required. Parties may represent themselves or use attorneys. The prevailing party recovers court costs. Appeals go to circuit court.
Pending Legislation (1)
Property Insurance Reform Act
Comprehensive reform of Florida's property insurance market, including changes to roof coverage requirements, assignment of benefits, and insurer accountability measures.
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.