Question 1

What is Florida's homestead protection and how does it affect legal documents?

Accepted Answer

Florida's homestead protection, enshrined in Article X, Section 4 of the Florida Constitution, provides that a primary residence is exempt from forced sale by creditors, with no limit on the value of the property (subject to acreage limits of 160 acres outside municipalities and half an acre within municipalities). This protection cannot be waived except through specific constitutional exceptions, including mortgages, property taxes, and debts for work performed on the property. Homestead status significantly affects estate planning documents because a homesteaded property cannot be devised away from a surviving spouse or minor children without their consent. It also impacts real estate transactions, as both spouses must typically join in any conveyance of homestead property, even if only one spouse holds title.

Question 2

How do I form an LLC in Florida?

Accepted Answer

To form an LLC in Florida, file Articles of Organization with the Florida Division of Corporations (Sunbiz) and pay a $125 filing fee. You must designate a registered agent with a Florida street address. Florida LLCs must file an annual report by May 1 each year with a $138.75 fee; failure to file results in administrative dissolution. While an operating agreement is not required to be filed with the state, Florida law (Fla. Stat. § 605.0105) recognizes operating agreements and they are essential for defining member rights, management structure, and profit distribution. Florida does not impose a state income tax on LLCs, though LLCs taxed as corporations may be subject to Florida's corporate income/franchise tax.

Question 3

What are Florida's requirements for a valid power of attorney?

Accepted Answer

Florida has a mandatory statutory form for durable powers of attorney (Fla. Stat. § 709.2104). The document must be signed by the principal in the presence of two witnesses and a notary public. Florida requires specific enumeration of powers — a general grant of authority is not sufficient for many important actions. Certain powers, such as the ability to make gifts, create trusts, or change beneficiary designations, must be specifically and separately initialed by the principal. Powers of attorney executed in other states are generally recognized in Florida if they were valid where executed, but using the Florida statutory form is recommended for transactions within the state.

Question 4

Does Florida have rent control?

Accepted Answer

No, Florida does not have statewide rent control, and state law (Fla. Stat. § 166.043) generally preempts local governments from imposing rent control or price controls on private residential housing. Local governments may only enact temporary rent control measures during a declared housing emergency, and even then, the controls must be approved by a majority of voters in a referendum. This means landlords in Florida can generally set and raise rent without government-imposed caps, though lease agreements may contain their own provisions regarding rent increases during the lease term.

Question 5

What are Florida's rules on non-compete agreements?

Accepted Answer

Florida is one of the more employer-friendly states when it comes to non-compete agreements. Under Fla. Stat. § 542.335, non-compete agreements are enforceable if they are supported by legitimate business interests (such as trade secrets, customer relationships, or specialized training) and are reasonable in time, area, and scope. Florida law presumes that non-competes of six months or less are reasonable, while those exceeding two years are presumed unreasonable. Courts are authorized to modify overbroad restrictions rather than voiding them entirely. Importantly, the party seeking to enforce the non-compete does not need to prove irreparable harm to obtain an injunction, which is different from many other states.

Question 6

What are the requirements for a valid will in Florida?

Accepted Answer

Under Florida law (Fla. Stat. § 732.502), a valid will must be in writing, signed by the testator at the end of the will, and signed in the presence of two attesting witnesses who also sign in the presence of the testator and each other. Florida does not recognize holographic (handwritten, unwitnessed) wills, even if they were valid in the state where they were executed. A self-proving affidavit is strongly recommended and can be attached at the time of execution. Florida's homestead laws impose significant restrictions on the disposition of homestead property by will, and failure to account for these restrictions is a common estate planning mistake in the state.

Property Division	Equitable Distribution
At-Will Employment	Yes
State Income Tax Rate	None
Statewide Rent Control	No (preempted by state law)
LLC Formation Filing Fee	$125
Minimum Wage	$13.00/hr (increasing annually to $15)
Online Notarization	Allowed (Florida is a leader in RON)
State Bar Association	https://www.floridabar.org

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