FL Bar cheat sheet

Florida civil procedure: 20-day deadline to serve a responsive pleading after service of process; a motion to dismiss tolls the answer deadline until the court rules.

Florida homestead exemption (Art. X, §4): protects unlimited value on real property within 1/2 acre of a municipality or 160 acres outside one, subject to exceptions for taxes, mortgages, and mechanics' liens.

Florida comparative negligence: pure comparative fault under Fla. Stat. §768.81; plaintiff's recovery is reduced by own percentage, and a plaintiff more than 50% at fault recovers nothing under modified rules for negligence actions.

Florida no-fault/PIP: $10,000 minimum personal injury protection; 80% of medical expenses and 60% of lost wages, requiring treatment within 14 days of the crash.

Florida marriage dissolution: residency of 6 months before filing; equitable distribution follows a marital-versus-nonmarital classification, with a presumption of equal distribution.

Florida's statute of limitations: 4 years for negligence and most contract actions; 2 years for libel/slander and wrongful death; 5 years for written contracts and domestic judgments.

Florida's statute of frauds (Fla. Stat. §725.01) requires writing for land sales, suretyship, and contracts not performable within one year.

Florida Constitution: Article I, Section 12 mirrors the Fourth Amendment; Article I, Section 9 (due process) and Section 23 (right to privacy) are independently construed by Florida courts.

Florida probate: intestate shares give surviving spouse all if no descendants, or the first $60,000 plus half of the remainder if descendants are shared with the spouse.

Civil procedure: federal question removal requires all defendants to join and must occur within 30 days of service; diversity removal is barred if any defendant is a forum citizen.

Contracts: acceptance is effective upon dispatch (mailbox rule); rejection is effective upon receipt; option contracts are accepted upon receipt.

Torts: negligence elements are duty, breach, actual cause, proximate cause, and damages; res ipsa loquitur shifts the burden of production of breach.

Evidence: hearsay is an out-of-court statement offered for its truth; present sense impression, excited utterance, and business records are the most-tested exceptions.

Criminal law: Fourth Amendment search requires state action plus a reasonable expectation of privacy; exclusionary rule applies to evidence obtained in violation of constitutional rights.

Real property: recording acts - race, notice, and race-notice; a subsequent bona fide purchaser prevails under notice and race-notice statutes.

Constitutional law: strict scrutiny applies to suspect classifications and fundamental rights; intermediate scrutiny to gender; rational basis to economic regulation.

Torts: comparative negligence versus contributory negligence; under pure comparative, plaintiff recovers reduced damages even if mostly at fault.

Florida evidence adopts the same general hearsay rules as the Federal Rules but retains a spousal privilege and a patient-psychotherapist privilege.

Florida's comparative fault statute applies pure comparative negligence to negligence actions filed after March 24, 2022, replacing the modified 50% bar.

Florida's wrongful death act (Fla. Stat. §768.21) distributes damages to the estate and survivors; the personal representative brings the action.

Florida's offer of judgment statute (Fla. Stat. §768.79) permits a party to recover attorney's fees when a rejected offer is not met by the judgment by 25% or more.

Florida's mechanic's lien requires a notice to owner within 45 days of first furnishing labor or materials, and a claim of lien within 90 days after final furnishing.

Florida's homestead protection does not shield proceeds of a voluntary sale beyond a reasonable time for reinvestment (currently 1 year under Fla. Stat. §222.20).

Florida's DUI statute sets a 0.08% blood-alcohol threshold for adults; refusal to submit to a breath test triggers administrative license suspension.

Contracts: under the UCC, a merchant's firm offer is irrevocable without consideration for up to 3 months; a sale of goods over $500 requires a writing.

Evidence: character evidence is generally inadmissible in civil cases but may be offered as an essential element (defamation, negligent entrustment).

Criminal procedure: Miranda custody plus interrogation triggers warnings; volunteered statements and routine booking questions do not.

Real property: adverse possession requires actual, open and notorious, exclusive, continuous, and hostile possession for the statutory period.

Constitutional law: the Dormant Commerce Clause bars state laws that discriminate against or unduly burden interstate commerce.

Torts: strict liability applies to abnormally dangerous activities and defective products; proximate cause limits liability to foreseeable plaintiffs.

Civil procedure: a federal court sitting in diversity applies state substantive law and federal procedural law under Erie; the forum state's choice-of-law rules govern.

Contracts: anticipatory repudiation discharges the nonbreaching party's duties and permits immediate suit if the repudiation is clear and unequivocal.

Florida's Rules of Professional Conduct: a lawyer may not reveal confidential information except to prevent a client from committing a crime or fraud that is reasonably certain to result in substantial injury.

Florida's judicial disqualification rule requires a motion within 20 days of discovery of grounds, supported by affidavit.

Florida's summary judgment standard follows the federal Celotex standard after the 2021 amendment to Fla. R. Civ. P. 1.510.

Florida's construction defect statute (Chapter 558) requires pre-suit notice and an opportunity to cure before filing suit.

Florida's workers' compensation exclusivity bars tort claims against employers for workplace injuries, subject to a narrow intentional tort exception.

Florida's open meetings and public records laws apply to state and local bodies; violations can void actions and shift attorney's fees.

Florida's child support guidelines presume the guideline amount correct; deviation requires written findings.

Evidence: a prior inconsistent statement under oath at a prior proceeding is substantive evidence; unsworn prior statements are admissible only for impeachment.

Civil procedure: a defendant must assert compulsory counterclaims arising from the same transaction or occurrence; permissive counterclaims may be filed separately.

Criminal law: felony murder requires an underlying inherently dangerous felony; merger doctrine bars the underlying felony from serving as the murder predicate.

Real property: a future interest held by the grantor is a reversion; held by a third party, a remainder.

Constitutional law: state action is required for Fourteenth Amendment claims; private conduct generally escapes constitutional scrutiny.

Torts: proximate cause bars recovery for unforeseeable intervening causes but not foreseeable negligence by rescuers or subsequent medical malpractice.

Contracts: the parol evidence rule bars prior or contemporaneous oral terms that contradict a fully integrated writing.

Evidence: expert testimony must be based on sufficient facts, reliable methods, and reliable application to the facts; Daubert standard governs in federal court.

Florida's Uniform Commercial Code: a buyer may reject nonconforming goods and recover the price plus incidental and consequential damages.

Florida's landlord-tenant law: a tenant may withhold rent only after written notice to the landlord of a material noncompliance and 7 days to cure.

Florida's sovereign immunity waiver under Fla. Stat. §768.28 caps recovery at $200,000 per person and $300,000 per incident absent legislative claim bill.

Florida's criminal sentencing: the Criminal Punishment Code provides a lowest permissible sentence; downward departures require written reasons.

Florida's death penalty: a jury must unanimously find an aggravating factor and recommend death by at least 8 of 12 jurors under the 2023 statute.

Florida's family law: a parenting plan must address time-sharing and decision-making; the court applies the best interests of the child standard.

Florida's evidence: a witness may be impeached by prior inconsistent statement, bias, conviction, or reputation for truthfulness.

Civil procedure: a class action requires numerosity, commonality, typicality, adequacy, and a Rule 23(b) category.

Criminal law: the exclusionary rule does not apply to grand jury proceedings, civil proceedings, or parole revocation hearings.

Torts: a landowner's duty to trespassers is limited to refraining from willful and wanton harm, except for known frequent trespassers.

Contracts: promissory estoppel requires a promise, reasonable reliance, injustice absent enforcement, and often a definite promise.

Evidence: the best evidence rule requires the original writing to prove content unless the original is unavailable and no bad faith is shown.

Real property: a mortgage is a lien; a deed of trust passes title to a trustee; both secure a debt and are foreclosed.

Constitutional law: procedural due process requires notice and an opportunity to be heard before deprivation of life, liberty, or property.

Civil procedure: venue in federal court is proper where any defendant resides if all reside in the same state, or where events occurred.

Florida's small claims rule (Rule 7.010) covers claims up to $8,000; formal discovery is limited.

Florida's appellate deadlines: a notice of appeal from a final order is due within 30 days of rendition; a motion for rehearing tolls the deadline.

Florida's rule against perpetuities: a trust interest must vest or terminate within 360 years under the 2000 Florida statute, replacing the common-law 21-year period.

Florida's real estate: a deed must be in writing, signed by the grantor, identify the parties and property, and be delivered to the grantee.

Florida's criminal discovery: the state must disclose exculpatory evidence under Brady; the defense has reciprocal discovery obligations under Rule 3.220.

Florida's divorce: a court may award alimony for a fixed term or bridge-the-gap, but permanent alimony was abolished in 2023.

Florida's consumer protection: the Florida Deceptive and Unfair Trade Practices Act allows private claims and attorney's fees for willful violations.

Evidence: a dying declaration requires the declarant to believe death is imminent and concerns the cause or circumstances of the impending death.

Criminal law: a defendant may use deadly force in self-defense only if the defendant reasonably believes imminent death or serious bodily harm.

Contracts: the UCC perfect tender rule requires goods to conform exactly to the contract; the buyer may reject nonconforming goods.

Torts: defamation requires a defamatory statement, publication, and fault; public figures must show actual malice.

Civil procedure: a federal court may exercise personal jurisdiction over a nonresident defendant with minimum contacts and fair play.

Real property: a covenant runs with the land if it touches and concerns the land, the parties intended it to run, and there is privity.

Constitutional law: the First Amendment protects symbolic speech unless it is likely to incite imminent lawless action.

Evidence: the Confrontation Clause bars testimonial hearsay unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.

Florida's no-fault law: a driver may not recover non-economic damages unless the injury causes permanent injury, significant scarring, or death.

Florida's comparative fault for medical malpractice: a physician's failure to obtain informed consent requires disclosure of risks a reasonable patient would consider material.

Florida's homestead: a homeowner must file a declaration of homestead to claim the exemption against creditors in some contexts.

Florida's criminal procedure: a warrantless arrest in a public place requires probable cause; a warrantless entry into a home requires exigent circumstances or consent.

Florida's business entities: a Florida LLC must file annual reports with the Division of Corporations; failure to do so may administratively dissolve the entity.

Florida's evidence: a party may not comment on a witness's invocation of the Fifth Amendment in a civil case if it would prejudice the jury.

Florida's child custody: the court may order a guardian ad litem to investigate the best interests of the child.

Evidence: a statement against interest requires the declarant to be unavailable and the statement to be contrary to the declarant's pecuniary or proprietary interest.

Civil procedure: a party may amend a pleading once as of right within 21 days after service; thereafter, leave of court or consent of the adverse party is required.

Criminal law: the corpus delicti rule requires independent evidence that a crime occurred before a confession can be admitted.

Torts: a products liability claim may proceed under negligence, strict liability, or warranty theories.

Contracts: the statute of frauds requires a writing for a sale of goods over $500; a merchant's confirmation letter can satisfy it.

Real property: a recording act protects a subsequent purchaser who records first without notice of a prior conveyance.

Constitutional law: the Privileges or Immunities Clause of the Fourteenth Amendment is narrowly construed; the Due Process Clause incorporates most Bill of Rights protections.

Evidence: the residual exception requires trustworthiness and materiality; it is rarely tested.

Florida's rules of evidence: Florida retains a spousal privilege, but not a general parent-child privilege.

Florida's homestead: a surviving spouse may not be deprived of the homestead by will; a life estate is guaranteed to the spouse.

Florida's statute of limitations for personal injury: 4 years from the date of the injury; for medical malpractice, 2 years from discovery, with a 4-year repose period.

Florida's criminal law: the felony murder rule applies to deaths caused during the commission of an enumerated felony, including burglary and robbery.

Florida's family law: a marital settlement agreement is enforceable if fair and reasonable and entered into voluntarily.

Florida's civil procedure: a party may serve interrogatories and requests for production; a response is due within 30 days.

Florida's administrative law: a party may seek judicial review of a final agency action within 30 days of rendition.

Evidence: the excited utterance exception requires a startling event and a statement made while the declarant was under the stress of excitement.

Criminal law: a defendant's voluntary intoxication may negate specific intent but not general intent crimes.

Contracts: the UCC implies a duty of good faith and fair dealing in every contract; the obligation cannot be disclaimed.

Torts: a plaintiff's assumption of risk is a complete defense in a strict liability case if the plaintiff knowingly and voluntarily assumed the risk.

Civil procedure: a motion for summary judgment requires the movant to show no genuine dispute of material fact and entitlement to judgment as a matter of law.

Real property: a deed of trust is foreclosed by a trustee's sale, while a mortgage is foreclosed by judicial action in many states.

Constitutional law: the Equal Protection Clause applies to the federal government through the Fifth Amendment's Due Process Clause.

Evidence: the business records exception requires a record made in the regular course of business at or near the time of the event.

Florida's mechanic's lien: a contractor must record a notice of commencement before beginning work to preserve lien rights against a subsequent mortgage.

Florida's consumer law: the Florida Consumer Collection Practices Act prohibits abusive debt collection and allows statutory damages.

Florida's probate: a will must be signed by the testator and two witnesses in the presence of each other; a self-proving affidavit is permitted.

Florida's landlord-tenant law: a security deposit must be returned within 15 to 30 days after the tenant vacates, depending on whether a claim is made.

Florida's criminal sentencing: a defendant may be sentenced as a habitual felony offender if the prior convictions meet statutory criteria.

Florida's civil procedure: a plaintiff may serve a defendant by publication when the defendant cannot be located after diligent search.

Florida's workers' compensation: an injured worker generally cannot sue the employer but may sue a third-party tortfeasor.

Evidence: a prior consistent statement may be admitted to rebut a charge of recent fabrication or improper influence.

Criminal law: the Fourth Amendment exclusionary rule applies to evidence obtained by state actors but not to private searches.

Contracts: a material breach discharges the nonbreaching party's duty to perform; a minor breach allows damages but not discharge.

Torts: a landowner owes a duty to invitees to inspect for and warn of known or discoverable hazards.

Civil procedure: a defendant may remove a case to federal court if the federal court has original jurisdiction and removal is timely.

Real property: an easement by prescription requires adverse use for the statutory period; an easement by necessity requires unity of ownership and strict necessity.

Constitutional law: the Commerce Clause permits Congress to regulate activities that substantially affect interstate commerce.

Evidence: a witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge.

Florida's homestead: a creditor may not force a sale of homestead property, but a mortgage lender may foreclose if the mortgage was signed by both spouses.

Florida's criminal law: a defendant may be convicted of DUI with a blood-alcohol level of 0.08% or higher, or with impairment regardless of level.

Florida's family law: a court may award sole parental responsibility if shared responsibility would be detrimental to the child.

Florida's evidence: a party may impeach a witness with a prior conviction if the crime involved dishonesty or a false statement.

Florida's civil procedure: a party must disclose expert witnesses and their opinions; failure to do so may result in exclusion.

Florida's administrative law: an agency may not exceed its statutory authority; a rule challenge must be filed within 20 days of the rule's effective date.

Florida's business law: a shareholder may bring a derivative action on behalf of a corporation after making a demand on the board or showing demand futility.

Evidence: a statement made for medical diagnosis or treatment is admissible regardless of whether the declarant is available.

Criminal law: the Sixth Amendment right to counsel attaches at the initiation of adversarial judicial proceedings.

Contracts: a liquidated damages clause is enforceable if damages are difficult to estimate and the amount is a reasonable forecast.

Torts: a defendant is liable for an intervening cause if the intervening act was foreseeable.

Civil procedure: a court may dismiss a case for failure to state a claim; the plaintiff may amend once as of right.

Real property: a life tenant must not commit waste and must pay taxes and interest on mortgages.

Constitutional law: the Establishment Clause prohibits government endorsement of religion; the Lemon test has been replaced by a historical practices analysis.

Evidence: a party may cross-examine a witness on matters affecting credibility, including bias and prior inconsistent statements.

Florida's homestead: a homeowner may claim a homestead exemption for property owned and occupied as a principal residence on January 1 of the tax year.

Florida's criminal law: a defendant may be convicted of theft if the defendant knowingly obtains or uses property with intent to deprive the owner.

Florida's family law: a court may award child support beyond the guideline amount if the child has special needs.

Florida's evidence: a party may not introduce evidence of a subsequent remedial measure to prove negligence, but may use it to impeach.

Florida's civil procedure: a party may request a jury trial within 10 days after service of the last pleading.

Florida's administrative law: a party may seek an administrative hearing under the Administrative Procedure Act; a final order is appealable.

Florida's business law: a director owes a duty of loyalty and care to the corporation; a breach may result in personal liability.

Evidence: a party may not use a prior conviction to impeach a witness if the conviction is more than 10 years old unless the court finds it probative.

Criminal law: a defendant may be convicted of attempt if the defendant took a substantial step toward the commission of a crime with specific intent.

Contracts: a third-party beneficiary may enforce a contract if the parties intended to benefit the beneficiary.

Torts: a plaintiff may recover for negligent infliction of emotional distress if the plaintiff was in the zone of danger or a close relative.

Civil procedure: a federal court may transfer a case to another district for the convenience of the parties and witnesses.

Real property: a landlord may evict a tenant for nonpayment of rent after providing notice and an opportunity to cure.

Constitutional law: the Second Amendment protects an individual right to bear arms for self-defense.

Evidence: a party may not introduce evidence of liability insurance to prove negligence.

Florida's homestead: a homeowner may not claim homestead protection for property purchased with proceeds of a fraudulent conveyance.

Florida's criminal law: a defendant may be convicted of burglary if the defendant enters a dwelling with intent to commit a crime inside.

Florida's family law: a court may award alimony based on the length of the marriage and the standard of living during the marriage.

Florida's evidence: a party may introduce evidence of habit to prove conduct in conformity with the habit.

Florida's civil procedure: a party may serve a request for admission; a response is due within 30 days.

Florida's administrative law: an agency may adopt rules only after notice and an opportunity for public comment.

Florida's business law: a member of an LLC may not be held personally liable for the LLC's debts solely by reason of being a member.

Evidence: a party may introduce evidence of a witness's character for truthfulness only after the witness's character has been attacked.

Criminal law: a defendant may be convicted of conspiracy if there is an agreement and an overt act in furtherance of the conspiracy.

Contracts: a contract is void if it is against public policy, such as an agreement to commit a crime.

Torts: a plaintiff may recover punitive damages for intentional torts or gross negligence.

Civil procedure: a court may order a new trial if the verdict is against the weight of the evidence.

Real property: a joint tenant may sever the joint tenancy by conveying the interest to a third party.

Constitutional law: the Takings Clause requires just compensation for private property taken for public use.

Evidence: a party may not introduce evidence of a criminal defendant's prior bad acts to prove propensity, but may use them for motive, opportunity, or identity.

Florida's homestead: a homeowner may claim a homestead exemption for property owned and occupied as a principal residence on January 1 of the tax year.

Florida's criminal law: a defendant may be convicted of robbery if the defendant takes property from a person by force or threat of force.

Florida's family law: a court may award a parenting plan that includes a timesharing schedule and decision-making responsibilities.

Florida's evidence: a party may introduce evidence of a declarant's then-existing state of mind, such as motive or intent.

Florida's civil procedure: a party may serve a subpoena duces tecum to require production of documents at a deposition or hearing.

Florida's administrative law: a party may seek judicial review of a final agency action within 30 days of rendition.

Florida's business law: a corporation must hold an annual meeting of shareholders unless the articles provide otherwise.

Evidence: a party may introduce evidence of a witness's prior inconsistent statement to impeach the witness's credibility.

Criminal law: a defendant may be convicted of larceny if the defendant trespassorily takes and carries away the personal property of another with intent to permanently deprive.

Contracts: a contract is unenforceable if it is induced by fraud, duress, or undue influence.

Torts: a plaintiff may recover for false imprisonment if the plaintiff was confined without consent and without legal justification.

Civil procedure: a court may dismiss a case for lack of subject-matter jurisdiction at any time.

Real property: a tenant may not commit waste and must return the property in the same condition, ordinary wear and tear excepted.

Constitutional law: the First Amendment protects freedom of speech, but not obscenity, incitement, or fighting words.

Evidence: a party may introduce evidence of a business record if it was made in the regular course of business and the custodian testifies.

Florida's homestead: a homeowner may not claim homestead protection for property purchased with proceeds of a fraudulent conveyance.

Florida's criminal law: a defendant may be convicted of burglary if the defendant enters a dwelling with intent to commit a crime inside.

Florida's family law: a court may award alimony based on the length of the marriage and the standard of living during the marriage.

Florida's evidence: a party may introduce evidence of habit to prove conduct in conformity with the habit.

Florida's civil procedure: a party may serve a request for admission; a response is due within 30 days.

Florida's administrative law: an agency may adopt rules only after notice and an opportunity for public comment.

Florida's business law: a member of an LLC may not be held personally liable for the LLC's debts solely by reason of being a member.

Evidence: a party may introduce evidence of a witness's character for truthfulness only after the witness's character has been attacked.

Criminal law: a defendant may be convicted of conspiracy if there is an agreement and an overt act in furtherance of the conspiracy.

Contracts: a contract is void if it is against public policy, such as an agreement to commit a crime.

Torts: a plaintiff may recover punitive damages for intentional torts or gross negligence.

Civil procedure: a court may order a new trial if the verdict is against the weight of the evidence.

Real property: a joint tenant may sever the joint tenancy by conveying the interest to a third party.

Constitutional law: the Takings Clause requires just compensation for private property taken for public use.

Evidence: a party may not introduce evidence of a criminal defendant's prior bad acts to prove propensity, but may use them for motive, opportunity, or identity.