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FL Bar: Florida Law Component: Distinctive Florida Rules

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Florida Law Component: Distinctive Florida Rules

The Florida component tests rules that diverge from the national majority. Begin with civil procedure, where Florida's fact-pleading standard requires ultimate facts in a complaint, and where a defendant must serve a notice of appearance and respond within 20 days of service. Remember the 30-day deadline to serve a proposal for settlement (offers of judgment), the presuit investigation and 90-day notice requirements for medical malpractice, and the comparative fault framework that can bar recovery above 50% fault.

Evidence is heavily tested: Florida generally rejects the Daubert standard for a pure Frye general-acceptance test in state court, and the rape shield rule, the dead man's statute, and the spousal privilege have Florida-specific contours. Criminal procedure features the 10-20-Life firearm sentencing law, the stand-your-ground immunity hearing (a pretrial evidentiary hearing on immunity), and the notice of alibi rule. Family law emphasizes equitable distribution of marital assets, the 20-day answer period in dissolution, and mandatory disclosure requirements.

Traps: questions often import the federal rule (e.g., Daubert, federal pleading, the federal 21-day offer) into a Florida setting. Read the call of the question for "under Florida law" and default to the Florida-specific rule. Also watch proposal for settlement enforceability: the offer must be in writing, served but not filed, and must not be accepted after the 30-day window without court leave.

Rule of thumb: when Florida and federal rules conflict, the Florida Constitution and Florida Rules of Court control in state court; when the question is silent, apply the majority/common-law rule but flag the Florida variation.

Worked example: a plaintiff serves a $50,000 proposal for settlement; defendant does not respond for 45 days, then purports to accept. Under Florida law, the offer is deemed rejected after 30 days unless the court permits late acceptance for good cause - the acceptance is ineffective.