Tag: coral springs law

Florida Guardianship and Gun Rights: Can You Keep Your Firearms?

Posted on | by mP@
Guardianship attorney discussing firearm rights with a family in Coral Springs, Florida

A Florida guardianship does not automatically take away a person’s gun rights. However, an incapacity adjudication can trigger a separate firearm disability under Florida law, depending on the findings made by the court.

That sounds straightforward until someone actually has to deal with it.

Dad cannot manage his bills anymore. His daughter is considering guardianship. Then somebody remembers the guns.

There is a handgun in the nightstand. Two rifles are in a locked cabinet. Dad insists he is perfectly capable of handling them. His daughter is considerably less convinced.

Now the family has a very different question:

Can Dad still legally own or possess those firearms?

Florida’s guardianship law and firearm law approach that question differently. A guardianship does not automatically erase every legal right an incapacitated person has. At the same time, Florida’s firearm statutes impose restrictions on certain people who have been adjudicated mentally defective, and that definition includes certain judicial findings of incapacity under Florida’s guardianship law.

So the answer may depend on something buried in the court record that the family did not realize mattered.

And that is where things get interesting.

Does Guardianship Automatically Take Away Gun Rights in Florida?

No. Being placed under guardianship does not, by itself, automatically remove a person’s right to own or possess firearms.

Florida’s guardianship statute, §744.3215, lists the rights a person determined incapacitated retains and the rights that a court may remove. The list includes rights involving marriage, voting, driving, contracts, property, health care, residence, and other decisions. Firearm ownership and possession are not listed as rights that §744.3215 specifically gives a guardian authority to remove.

That does not mean an incapacity finding has no effect on firearms.

Florida’s firearm statutes create a separate legal disability. Under §790.065, the statutory definition of a person “adjudicated mentally defective” includes a judicial finding of incapacity under §744.331(6)(a). A person who falls within that definition can be prohibited from purchasing a firearm.

Section 790.064 goes further. A person who has been adjudicated mentally defective, as defined by §790.065, may not own or possess a firearm until relief from the firearm disability is obtained.

So there are two different pieces of law sitting next to each other:

  • Chapter 744: What rights has the guardianship court removed from the ward?
  • Chapter 790: Does the person have a separate firearm disability?

The answer to one does not automatically answer the other.

What Does an Incapacity Adjudication Have to Do With Firearms?

This is the part families can easily miss.

A guardianship case begins with a determination of incapacity. Florida law requires the petition to identify the rights the petitioner believes the alleged incapacitated person cannot exercise. The court then determines the nature and scope of the incapacity and the rights affected by its order.

Firearm law uses its own terminology.

Under §790.065, “adjudicated mentally defective” includes certain court determinations involving mental illness, incompetency, conditions, or disease. The statute specifically includes a judicial finding of incapacity under §744.331(6)(a).

That is why the phrase “the person has a guardian” is not enough to determine whether a firearm disability exists.

You have to look at the actual incapacity adjudication and the statutory definition that applies to it.

A limited guardianship involving one set of rights can raise different questions from a broader incapacity adjudication. The court order, the findings supporting it, and the applicable firearm statutes all matter.

What Happens to Guns Someone Already Owns?

Suppose Dad already owns three firearms before the guardianship proceeding.

His daughter becomes his guardian. The guns do not suddenly become the daughter’s property because she was appointed guardian.

But if Dad has been adjudicated mentally defective within the meaning of Florida’s firearm statutes, §790.064 says he may not own or possess a firearm until the firearm disability is removed.

That creates a practical problem the family should not try to solve by improvising.

Someone needs to determine:

  • What exactly did the court adjudicate?
  • What rights were removed?
  • Does the adjudication fall within §790.065?
  • Is there an existing firearm disability?
  • Is there a concealed weapons or firearms license?
  • Does a court order address the firearms?
  • What legally authorized arrangement should be made for firearms the person already owns?

A guardian does not receive a free-floating power to make every decision for a ward. Florida law limits the rights a guardian may exercise to those removed from the ward and delegated to the guardian.

And if the person is legally prohibited from possessing a firearm, the family should not treat the guns as if this were simply a question of where to put Dad’s property.

Florida Lawyers Were Already Arguing About This in 2013

In December 2013, The Florida Bar Journal published “Grandparents, Guns, and Guardianship: Incapacity and the Right to Bear Arms” by Carla-Michelle Adams. The article argued that Florida’s guardianship statutes did not specifically address whether an incapacitated person’s right to bear arms could be removed.

Then, in February 2014, attorneys Caroline S. A. Zoes and J. Marcos Martinez responded with “Wards and Guns.” Their position was that becoming a ward does not automatically erase constitutional rights.

The exchange is useful today because it identified the exact problem: guardianship law and firearm law were not using the same framework.

Florida’s statutes have since developed firearm-specific restrictions that make the analysis different from the one presented in those 2013 and 2014 articles.

The old debate is still worth reading, though. It explains why the relationship between guardianship, incapacity, and gun rights has never been as simple as “the judge appointed a guardian, so the guns are gone.”

Florida Guardianship Forms Mention Firearms

There is an unusually specific clue in Florida’s guardianship paperwork.

The Florida Supreme Court’s guardianship forms include a question asking whether the respondent may or may not have a license to carry a firearm or possess a weapon or firearm. The form appears in the court’s guardianship rules and forms governing incapacity and guardianship proceedings.

That does not mean the form itself creates a firearm disability.

It does show that firearms are something the guardianship process can require the court to address.

The same form separately identifies the rights that may be delegated to a guardian. Those include contracts, lawsuits, government benefits, property management, residence, health care, and social-environment decisions. Firearm possession does not appear in that list of delegable guardianship rights.

That distinction is worth keeping straight.

Can an Incapacitated Person Still Have a Concealed Weapons License?

Not necessarily. An incapacity-related firearm disability can also affect eligibility for or continued possession of a Florida concealed weapons or firearms license.

Florida’s firearm background-check statute requires the state to consider whether a person has been adjudicated mentally defective or committed to a mental institution. The statute also directs the Department of Law Enforcement to provide relevant information to the Department of Agriculture and Consumer Services when determining eligibility for a concealed weapons or firearms license or whether an existing license should be suspended or revoked.

So a family should not assume that the question ends with the firearms sitting in a gun safe.

There may also be a licensing issue.

Florida guardianship and firearm rights documents on an attorney's desk.

Can Someone Regain Gun Rights After an Incapacity Adjudication?

Possibly, but restoration of capacity and restoration of firearm rights are separate legal processes.

Florida law allows a person to seek relief from a firearm disability arising from an adjudication or commitment. Under §790.065, the petition is presented to the appropriate court, the state attorney may object, and the court considers evidence concerning the person’s reputation, mental health record, criminal history when applicable, the circumstances surrounding the firearm disability, and other evidence.

The court must determine that the person is not likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest before granting relief under that statute.

Florida’s guardianship law separately provides a procedure for restoring a ward to capacity when the person can again exercise rights that were previously removed.

Those two procedures should not be treated as interchangeable.

Someone whose capacity has been restored should still determine whether a separate firearm disability remains and whether formal relief under Chapter 790 is required.

What If the Guardian and the Family Disagree About the Guns?

Imagine the Coral Springs family again.

Dad’s daughter is now his guardian. Dad’s son thinks the guns should stay in the house. Dad insists that nothing has changed and wants access to them.

Nobody agrees.

The daughter says, “I’m his guardian.”

The son says, “They’re his guns.”

Dad says, “They’re mine.”

None of those statements, by itself, resolves the legal issue.

The family needs to look at the incapacity order, the guardianship authority actually granted, and the firearm statutes that apply to the adjudication.

If a firearm disability exists under Chapter 790, the possession question becomes very different from a dispute over who owns a piece of ordinary personal property.

And if the family believes the incapacity determination itself should be changed, that is a separate guardianship issue.

This is one of those situations where pulling the actual court file is considerably more useful than arguing around the kitchen table.

What Does This Mean for Families in Coral Springs and Broward County?

For families in Coral Springs and Broward County, guardianship proceedings are handled through Florida’s court system, and the details of the incapacity order can determine what happens next.

A family dealing with an aging parent, dementia, cognitive decline, or another condition affecting decision-making may already be dealing with medical records, financial accounts, powers of attorney, and property issues.

Firearms can add another layer.

If the person owns firearms, the family should identify that issue early in the guardianship process rather than assuming the appointment of a guardian answers it.

The relevant documents may include:

  • The petition to determine incapacity
  • The examining committee reports
  • The order determining incapacity
  • The order appointing the guardian
  • Letters of guardianship
  • Any order addressing firearm possession
  • Records relating to a firearm or concealed weapons license
  • Any later order restoring capacity or granting relief from firearm disabilities

The legal analysis is fact specific. A guardianship attorney in Coral Springs or elsewhere in Broward County may need to review the actual orders before giving a definitive answer about a particular person’s firearm rights.

Family discussing firearm possession after a guardianship proceeding in Broward County

Frequently Asked Questions

Can guardianship take away your gun rights in Florida?

  • Guardianship alone does not automatically remove gun rights. However, a qualifying incapacity adjudication can trigger a separate firearm disability under Florida’s Chapter 790.

Does an incapacity adjudication prevent someone from buying a gun in Florida?

  • It can. Florida’s firearm purchase statute includes certain judicial findings of incapacity within the definition of “adjudicated mentally defective,” which can make a person prohibited from purchasing a firearm.

Can an incapacitated person possess a firearm in Florida?

  • Not if the person is subject to the firearm possession disability in §790.064. That statute prohibits a person covered by its definition from owning or possessing a firearm until relief from the disability is obtained.

Could a guardian take away a ward’s guns?

  • A guardian does not automatically receive authority over firearms simply because the guardian was appointed. The guardian’s authority depends on the rights removed and powers delegated by the court, while firearm possession may also be governed independently by Chapter 790.

Can someone regain firearm rights after an incapacity adjudication in Florida?

  • Florida law provides a procedure for seeking relief from a firearm disability. The firearm-relief process is separate from the general procedure for restoring capacity under the guardianship statutes.

Does restoring capacity automatically restore gun rights in Florida?

  • Do not assume that it does. Restoration of capacity and relief from a firearm disability arise under different statutory procedures. The person’s specific court orders and firearm records should be reviewed.

Can an incapacity adjudication affect a concealed weapons license?

  • Yes. Florida law directs relevant firearm-disability information to the state agency responsible for determining eligibility for concealed weapons or firearms licenses and for considering suspension or revocation of existing licenses.

Guardianship and Gun Rights in Coral Springs, Broward County, and South Florida

The unusual combination of guardianship and gun rights in Florida creates a legal problem that does not fit neatly into either a standard guardianship checklist or a standard firearm question.

A person can have a guardian without every legal right disappearing. At the same time, a qualifying incapacity adjudication can create a separate firearm disability under Florida law.

For families in Coral Springs, Broward County, and throughout South Florida, the starting point is the actual incapacity order and the firearm statutes that apply to it.

Reinfeld & Cabrera P.A. handles guardianship, probate, and related legal matters in Coral Springs and throughout Broward County. If a guardianship proceeding involves firearms or questions about an existing firearm disability, the attorneys can review the circumstances and explain the legal issues that may apply.

This article provides general information about Florida guardianship and firearm law. It is not legal advice and does not determine whether a particular person may lawfully possess, purchase, or carry a firearm.

What Happens When a Loved One Dies in Florida?

Posted on | by mP@
Family reviewing estate documents after a loved one dies in Coral Springs, Florida

One of the first things families often discover after a death is that the law does not treat everything a person owned in the same way.

A house may be treated differently from a bank account. A retirement account may pass directly to a beneficiary. A jointly owned property may never become part of the probate estate. A will may control some assets but have no effect on others.

So when a loved one dies, the first legal question is not simply : “Who inherits?”

It is:

What happens to each of the things the person left behind?

That question leads into probate, but probate is only part of the picture.

The estate begins with an inventory, not a distribution

Suppose someone dies owning a house, two bank accounts, an IRA, a life insurance policy, a car, and personal belongings.

It would be easy to imagine that all of those things are gathered together into one estate and then divided among the heirs.

Florida law does not work that neatly.

An account with a valid beneficiary designation may pass directly to the named beneficiary. Certain jointly owned property may pass to the surviving owner. Life insurance and retirement accounts can also transfer according to their beneficiary designations rather than through the probate process.

Other property may become part of the probate estate and have to be administered through the court system.

21This distinction can completely change what happens after a death.

It also explains why finding the will is only one part of the initial investigation. The ownership documents, deeds, account agreements, beneficiary designations, and other estate planning documents may be just as important.

The Florida Bar describes probate as the process of identifying and gathering probate assets, paying valid obligations, and distributing what remains to the people entitled to receive it.

A will tells the court what the deceased wanted. It does not eliminate the legal process.

A valid will is important, but it does not simply cause property to change hands the moment someone dies.

The will is presented to the probate court, and the person nominated to administer the estate generally becomes the personal representative once appointed and qualified.

Florida deliberately uses “personal representative” as the general legal term rather than relying on terms such as executor or administrator.

That person then has legal authority over the probate estate and corresponding responsibilities.

This is an important distinction for families.

Someone named in a will does not simply become the owner of the estate. The personal representative may first have to identify and protect the assets, determine what the estate owes, deal with creditors, resolve claims, and determine what can ultimately be distributed.

The will provides instructions. Probate is the legal machinery through which those instructions are carried out.

what-happens-when-a-loved-one-dies-florida-probate

And if there is no will?

The absence of a will does not mean that everything becomes uncertain.

It means Florida’s intestacy laws determine who inherits the probate estate.

The result depends on the surviving family members. A surviving spouse, children, parents, and other relatives can have different rights depending on the circumstances.

Homestead can make the analysis even more unusual.

Florida law contains special rules for a deceased person’s homestead when a spouse and descendants survive. Under the applicable statute, the surviving spouse may receive a life estate with a vested remainder for the descendants, or may elect an undivided one half interest as a tenant in common, subject to the statutory requirements.

That is one reason the simple statement “the house goes to the children” can be legally misleading.

The person handling the estate is not simply carrying out family wishes

The personal representative occupies a fiduciary position.

Florida law gives the personal representative possession or control of much of the decedent’s property and requires reasonable steps to manage, protect, and preserve estate property until distribution. Protected homestead is treated separately.

That can put the personal representative in an unusual position.

The person may be a child, spouse, sibling, or other relative of the deceased. At the same time, that person is administering property that may ultimately belong to several different beneficiaries and may have to be used to satisfy creditors or other obligations first.

Family agreement does not eliminate those duties.

A personal representative who mishandles estate property can face personal consequences. Florida’s fiduciary rules can impose liability for losses resulting from a breach of duty.

This is also why the role can become complicated even when everyone initially gets along.

The estate may owe money before anyone receives an inheritance

Death does not erase a person’s outstanding obligations.

Probate can involve mortgages, taxes, medical expenses, credit accounts, business obligations, and other legitimate claims against the estate. Florida has specific procedures governing creditor claims, including deadlines for filing them.

Generally, claims must be filed within the statutory period, subject to exceptions and special rules. The personal representative is responsible for administering the estate in accordance with those requirements.

This creates an important distinction:

The value of an estate is not necessarily the same thing as the value of the inheritance.

An estate may own substantial property while also carrying substantial obligations.

The personal representative has to determine what remains after the legally required expenses and claims are addressed.

Not every estate needs the same kind of probate

This is where Florida’s probate system becomes more interesting than the familiar idea of “going through probate.”

Florida provides different procedures depending on the circumstances of the estate. Formal administration is the more extensive process, while summary administration provides an abbreviated procedure for qualifying estates.

And Florida changed the rules in 2026.

Beginning July 1, 2026, an estate can generally qualify for summary administration when the value of the estate subject to administration in Florida, after excluding property exempt from creditors’ claims, does not exceed $150,000. Summary administration can also be available when the decedent has been dead for more than two years. The previous threshold was $75,000.

That is a significant change for Florida families.

It also means that an older article telling readers that summary administration is limited to estates worth $75,000 or less may now be giving them outdated information.

There are additional small estate procedures as well. Florida law provides a limited route for disposition without administration in certain intestate estates involving qualifying personal property and other statutory conditions.

The point is not that every family should try to avoid probate.

The point is that the appropriate procedure depends on the estate in front of you.

Then there is the house

For many families, the most important asset is also the one most likely to produce difficult legal questions.

Florida homestead law has constitutional protections and statutory rules that can affect what happens to a home after its owner dies. Those rules can interact with a will, a surviving spouse’s rights, descendants, prior ownership arrangements, and the language of deeds executed during the owner’s lifetime.

A recent Broward County case illustrates how quickly this can become complicated.

In McFarlane v. Holness, decided by Florida’s Fourth District Court of Appeal on September 23, 2026, a surviving spouse challenged the treatment of a property as homestead after her husband’s death. The case involved an enhanced life estate deed, commonly called a Lady Bird Deed.

The appellate court did not decide who ultimately had the better claim to the property. Instead, it held that the trial court had improperly resolved the deed’s legal effect at the motion to dismiss stage and sent the case back for further proceedings.

That distinction is worth noticing.

The dispute was not simply about who was named in a document. It involved the nature of the deceased person’s ownership interest, the effect of a deed, and the surviving spouse’s potential homestead rights.

In other words, “Who gets the house?” can sometimes be the beginning of the legal question rather than the end of it.

What should the family do first?

There is no universal checklist, because every estate is different. But several questions should be answered before anyone starts distributing property:

  • Was there a will, trust, or other estate planning document?
  • How was each major asset owned?
  • Were beneficiaries named on financial accounts, insurance policies, or retirement accounts?
  • Was the deceased’s home protected homestead?
  • What debts, taxes, or other obligations remain?
  • Does the estate qualify for summary administration or another simplified procedure?
  • Who has authority to act for the estate?

And perhaps most importantly:

Has anyone started distributing property before determining what the estate actually owes and what procedure applies?

That last question can save a family from turning a manageable probate administration into a dispute.

What happens next depends on the estate

No single event can be called “what happens after someone dies.”

There is an investigation into ownership. There may be a will to probate. Someone may need to be appointed personal representative. Creditors may have claims. Property may need to be protected or sold. A surviving spouse may have statutory rights. Beneficiaries may disagree. A house may be subject to homestead rules that make an apparently simple inheritance considerably more complicated.

And sometimes the estate qualifies for a simplified procedure instead.

That is why the first useful step is usually not trying to predict the entire probate process from the family circumstances alone. It is determining what the deceased owned, how those assets were held, and which Florida rules apply to them.

Probate in Coral Springs and Broward County

For families in Coral Springs, Broward County, and throughout South Florida, these questions are governed by Florida’s probate statutes and rules, with the appropriate proceedings handled through the local court system.

A relatively simple estate may require little more than careful administration. Another may involve a contested will, a homestead dispute, competing beneficiaries, creditor claims, or questions about the personal representative’s conduct.

The difference is often found in the details of how the deceased owned the property and what happened before and after death.

Florida homestead property involved in probate after a loved one's death in Coral Springs

When a Florida Probate Attorney Can Help

If you are dealing with an estate after the death of a parent, spouse, relative, or other loved one, the most important legal questions may not be obvious from the will itself.

A probate attorney can help determine which assets require administration, explain the responsibilities of the personal representative, address creditor and beneficiary issues, and identify problems involving real estate, homestead, or disputed estate property before they become more difficult to resolve.

Reinfeld & Cabrera P.A. represents clients in probate and estate matters in Coral Springs, Broward County, and throughout South Florida.

Questions People Often Ask

Does everything a person owns go through probate in Florida?

  • No. Certain assets can pass outside probate through beneficiary designations, survivorship arrangements, or other forms of ownership. Whether an asset is subject to probate depends on how it was owned and how it was designated.

Does a will avoid probate?

  • Generally, no. A will provides instructions for the distribution of probate assets, but those assets may still need to pass through the applicable probate process.

What is a personal representative?

  • A personal representative is the person or qualified institution appointed by the court to administer a probate estate. Florida uses this term instead of executor or administrator.

Is probate always necessary in Florida?

  • No. Florida has formal administration, summary administration, and other procedures for qualifying estates. The facts and assets of the estate determine which procedure may apply.

What changed to Florida’s probate law in 2026?

  • Among other changes, Florida increased the statutory threshold for summary administration from $75,000 to $150,000, effective July 1, 2026.

Can a personal representative be held personally responsible for mishandling an estate?

  • Yes. A personal representative has fiduciary duties and can be liable for losses resulting from a breach of those duties. The specific consequences depend on the conduct and circumstances involved.

Related Florida Probate Topics

What Is Summary Administration in Florida?
The 2026 increase to $150,000 makes this a particularly timely subject for a dedicated article explaining eligibility, procedure, and the differences from formal administration.

What Happens to a House When Someone Dies in Florida?
A deeper examination of homestead, surviving spouse rights, descendants, deeds, and disputes over inherited real estate.

What Assets Avoid Probate in Florida?
A focused explanation of beneficiary designations, joint ownership, survivorship rights, trusts, and other methods by which assets may pass outside probate.

What Does a Personal Representative Do in Florida?
A more detailed look at fiduciary duties, control of estate property, creditor claims, distributions, conflicts, and potential liability.

What Happens to Debts When Someone Dies in Florida?
A dedicated article on creditor claims, mortgages, taxes, estate expenses, and the distinction between estate debts and personal liability.

How Long Does Probate Take in Florida?
A separate piece could examine formal administration, summary administration, creditor periods, contested estates, and the factors that make some probate cases considerably longer than others.

Why Use a Real Estate Attorney in Florida? What Legal Counsel Adds to a Transaction

Posted on | by mP@

A Florida real estate attorney knows the rules that govern property transactions, from contract requirements and title issues to closing procedures and the remedies available when something goes wrong. A buyer or seller generally does not have that knowledge. There is no reason to expect them to.

You know the property. What you want to pay or receive. You know the circumstances that brought you to the transaction. Your attorney brings something different: a working knowledge of Florida real estate law and the experience to recognize legal problems that may not be obvious from the face of a document.

The Florida Bar recommends consulting an experienced Florida licensed real estate lawyer before signing a purchase contract. That timing gives the attorney an opportunity to examine the agreement while its terms can still be negotiated.

For someone buying or selling property in Coral Springs, Broward County, or elsewhere in South Florida, that is often the most useful place to begin.

Who Represents Your Interests?

A property transaction can involve real estate agents, brokers, lenders, title professionals, inspectors, surveyors, insurance professionals, and attorneys.

Each person has a different responsibility.

A closing agent may coordinate documents, funds, title requirements, and the mechanics of completing the transaction. That person may also be a lawyer. The Florida Bar cautions consumers that a closing agent does not necessarily represent the buyer’s personal legal interests.

Your own attorney has a different assignment. The lawyer is there to advise you about your legal position, explain what you are agreeing to, identify problems, and negotiate or respond when necessary.

Alan Reinfeld puts it this way:

“A closing can look perfectly organized from the outside while still containing terms that deserve a closer legal review. The question is whether someone is specifically looking at the transaction from your legal point of view.”

That can matter when a contract contains unusual obligations, a title commitment raises questions, a condominium has complicated restrictions, or the parties disagree about what was promised.

Start With the Contract

The purchase agreement establishes the framework for the transaction.

Price is one provision. Deadlines, deposits, financing, inspections, repairs, default provisions, closing conditions, property disclosures, and special agreements can all affect what happens after the contract is signed.

The Florida Bar advises buyers to have a lawyer review the purchase contract before signing. Its consumer guidance also notes that contractual terms may become difficult to change once the agreement has been executed.

Florida Realtors has likewise advised consumers to read contracts carefully, including the particular version being used and provisions dealing with default and disputes. Familiarity with a standard form does not answer every question raised by an individual transaction.

A lawyer reviewing the agreement may examine

Contract issueQuestions legal review can address
DepositWhere is it held? When can it be released?
InspectionWhat rights exist if defects are discovered?
FinancingWhat deadlines and conditions apply?
Closing dateWhat happens if either side cannot close on time?
RepairsWhich obligations have actually been agreed to?
DefaultWhat remedies may become available?
Special provisionsDo unusual terms create additional obligations?
DisputesWhat procedures or remedies does the agreement provide?

A provision can look harmless when read by itself and have a very different effect when considered alongside the rest of the agreement. An attorney is trained to look for those connections.

Title Problems Can Follow the Property

Title work is another central part of a real estate transaction.

A title examination can involve years of recorded documents, previous transfers, liens, easements, restrictions, and other matters affecting ownership. The title insurance commitment identifies requirements that must be satisfied before the policy is issued as well as exceptions to coverage.

Consider a buyer who discovers an easement affecting part of the property. The existence of an easement does not automatically make the transaction unacceptable. Its location, purpose, language, and effect on the buyer’s intended use of the property are the questions that need attention.

The same applies to liens, restrictions, unresolved ownership questions, and other title matters.

A title commitment may identify an exception. The attorney’s job is to explain what that exception means and whether it creates a legal problem for the client.

Florida’s Department of Financial Services recognizes Florida attorneys in good standing as professionals who may handle real estate closings involving title insurance and escrow.

Negotiating the Terms

Real estate negotiations rarely stop at the number written on the first page.

A buyer may want additional time for financing. A seller may agree to repairs in exchange for a particular closing date. The parties may negotiate responsibility for an existing lien or an issue discovered during inspection. A condominium transaction may involve documents and restrictions that require attention before the buyer proceeds.

The lawyer brings legal knowledge to those negotiations.

That knowledge can be useful when a proposed change sounds reasonable but creates an obligation elsewhere in the contract. It can also help a client understand what is worth negotiating and what may create unnecessary complications.

Florida Realtors has emphasized that contract terms can be negotiated and that parties have a right to seek legal review.

A standard contract form is a starting point. The property, the parties, and the circumstances determine whether its provisions actually work for the transaction at hand.

What Happens at Closing?

Closing is where the contractual decisions, title work, financing, and other requirements come together.

The deed must transfer the property properly. Required documents must be completed. The closing figures must correspond with the transaction. Title requirements must be satisfied or addressed. Funds need to reach the correct destination.

A lawyer handling the transaction understands the legal significance of those documents and requirements. The client does not need to become a temporary expert in Florida property law simply because they are buying a house.

There is also a distinctly modern hazard: wire fraud.

The Florida Bar advises consumers to verify wire instructions independently rather than relying solely on an email or other electronic communication.

That advice deserves serious attention. Real estate transactions can involve hundreds of thousands of dollars moving electronically. A fraudulent change to wiring instructions can turn an ordinary closing into a serious financial problem.

Real estate attorney reviewing a Florida purchase contract and title documents

When a Transaction Starts to Fall Apart

Some legal questions do not appear until the deal is already under pressure.

The inspection may reveal significant damage. Financing may fail. A title defect may appear shortly before closing. The seller may refuse to perform an agreed obligation. The buyer may want to withdraw. The parties may disagree about the deposit.

Once that happens, the contract becomes the starting point for determining what each party is required to do and what remedies may exist.

Florida Realtors notes that a failed closing does not cause the underlying contract to disappear. The circumstances surrounding the failure can determine whether a breach occurred and what consequences follow.

This is where knowing the details of the agreement matters. Deadlines, contingencies, default provisions, notice requirements, and other clauses can determine what a party can do next.

An attorney who has reviewed the transaction from the beginning also has the benefit of knowing how the dispute developed, rather than trying to reconstruct the deal after the parties have reached an impasse.

Florida’s Property Market

Florida’s real estate market gives these transactions considerable financial weight.

Florida Realtors reported 26,036 single-family home closings in June 2026, up 9.3% from June 2025. Condo and townhouse sales totaled 8,900, an increase of 14%. The statewide median price was $432,000 for single-family homes and $305,000 for condos and townhouses.

By August 2026, the statewide median price was $415,000 for single-family homes and $298,000 for condos and townhouses. Inventory stood at 4.3 months for single-family homes and 7.7 months for condos and townhouses.

Florida residential market, August 2026Median priceInventory
Single-family homes$415,0004.3 months
Condos and townhouses$298,0007.7 months

A transaction involving a property worth several hundred thousand dollars can turn on a few sentences in a contract or a title document. Understanding those sentences is part of the attorney’s job.

Do You Need a Real Estate Attorney in Florida?

Florida does not require an attorney for every real estate transaction.

The Florida Bar nevertheless recommends consulting an experienced Florida licensed real estate lawyer before signing a purchase contract.

There is nothing strange about that distinction. People routinely hire professionals for matters that fall within those professionals’ expertise.

You probably would not expect a title examiner to negotiate your purchase agreement or a real estate agent to give you a complete analysis of Florida contract law. An attorney occupies a different place in the transaction.

The lawyer knows the statutes, regulations, contractual principles, title rules, and legal remedies that can affect the deal. The client brings knowledge of the property and their own objectives. Good representation connects the two.

Questions to Ask a Real Estate Attorney

If you are considering legal representation for a Florida property transaction, useful questions include:

  • Will you review the purchase contract before I sign it?
  • Will you review the title commitment and exceptions?
  • Who will represent my interests during closing?
  • Can you negotiate changes to the contract?
  • Will you review condominium or homeowners’ association documents when relevant?
  • What happens if the other party refuses to close?
  • What should I do if a title problem appears?
  • How will you communicate with the title company, lender, broker, or opposing counsel?

The answers can tell you how involved the attorney expects to be and whether the representation fits the transaction.

Why Use a Real Estate Attorney?

You do not need to memorize Florida’s real estate laws to buy a house.

You do need to understand the agreement you are signing and the legal consequences of the transaction. That is where an attorney’s knowledge becomes useful.

A real estate lawyer works with the statutes, contracts, title records, closing requirements, and disputes that surround property transactions. The lawyer can recognize legal issues that an ordinary buyer or seller may never have encountered before.

Florida real estate attorney reviewing a property transaction with clients in Coral Springs

Stuart Reinfeld describes the objective this way:

As he states: “A successful closing depends on documents that accurately reflect the agreement and on careful attention to the client’s legal interests throughout the transaction.”

Reinfeld & Cabrera represents clients in Coral Springs, Broward County, and throughout South Florida in real estate matters, including contract review, transactions, title issues, and real estate disputes.

If you are buying or selling property, refinancing, dealing with a title issue, or facing a disagreement over a real estate contract, contact Reinfeld & Cabrera to discuss your situation.

Frequently Asked Questions

Is a real estate attorney required in Florida?

  • No. Florida does not require an attorney for every real estate transaction. The Florida Bar recommends consulting an experienced Florida licensed real estate lawyer before signing a purchase contract.

When should I hire a real estate attorney?

  • Before signing the purchase contract is generally the most useful time. Early review allows potential contractual problems to be addressed while the terms remain open to negotiation.

What does a Florida real estate attorney do?

  • Depending on the transaction, an attorney may review contracts, investigate title issues, explain closing documents, negotiate terms, advise on property restrictions, and represent a client when a transaction develops into a dispute.

Does the closing agent represent the buyer?

  • Not necessarily. A closing agent can coordinate the transaction without representing the buyer’s individual legal interests.

Can a real estate attorney resolve title problems?

  • An attorney can investigate the legal significance of title defects, liens, easements, restrictions, and other title issues and advise the client about available options.

What happens when a Florida real estate transaction does not close?

  • The answer depends on the contract and the circumstances. The parties may have rights and obligations involving deposits, default, damages, deadlines, or other remedies. The contract and the facts need to be examined before determining what follows.

Starting a Business in Florida? What You Need to Decide Before You File

Posted on | by mP@
Business attorney discussing a new company with an entrepreneur in Coral Springs

Two people can have the same business idea and end up with very different legal problems.

Imagine two friends opening a design company in Coral Springs. They agree to split everything 50/50 and decide to form an LLC. The filing takes care of the immediate problem: the company now exists.

It does not answer what happens if one of them puts in more money. Or stops working. Or wants to sell his share. Perhaps he dies. Or decides that the company should be sold while the other wants to keep it.

Those are business formation questions too.

The Florida Department of State recorded 561,143 new domestic LLC filings in 2025, and its most recent quarterly figures show more than 3 million active Florida LLCs. There are more than 4.1 million active business entities of all types in the state.

There is nothing unusual about forming an LLC in Florida.

The filing itself is usually straightforward. Deciding what the company should look like, who should own it, how it should operate, and what happens when circumstances change can require considerably more thought.

What Do You Need to Decide Before Forming a Business in Florida?

Start with the people involved.

If you are forming a business by yourself, many of the ownership questions are relatively simple. If there are two, three, or ten owners, they become part of the legal structure.

Who owns the company?

Who makes decisions?

Where does the money come from?

Who contributes equipment, intellectual property, or work?

Can one owner sell an interest without the others agreeing?

What happens if an owner wants to leave?

What happens if the business loses money?

Those questions do not appear on a basic Sunbiz filing form.

They still need answers.

The choice of entity comes after some of those questions, not before them.

Florida recognizes several forms of business organization, including corporations, limited liability companies, partnerships, limited partnerships, and limited liability partnerships.

For many small businesses, the main discussion will be whether an LLC or corporation makes sense. That is a legal and tax decision, not a matter of choosing whichever form happens to be most popular.

Should You Form an LLC or a Corporation?

There is no universal answer.

An LLC and a corporation have different rules governing ownership, management, transfers, and other aspects of the business. Their federal tax treatment can also differ.

An LLC with one member is generally treated by the IRS as a disregarded entity for federal income tax purposes unless it elects corporate treatment. A domestic LLC with two or more members is generally treated as a partnership unless it elects to be treated as a corporation.

A corporation is a different legal structure, with shares, directors and officers forming part of its statutory framework.

That does not mean a corporation is inherently more sophisticated or an LLC is inherently better for a small business. The appropriate structure depends on what the owners are trying to accomplish.

An attorney and accountant may also need to look at the same proposed business from different angles. The attorney is concerned with the legal structure and documents. The accountant is concerned with tax treatment and financial consequences. Those questions overlap, but they are not the same question.

What about a partnership?

Partnership structures can also be appropriate in some circumstances. Florida has statutes governing general partnerships, limited partnerships, and limited liability partnerships.

The point is not that every entrepreneur needs a tour through every entity available under Florida law.

It is that “LLC or corporation?” is sometimes too early a question.

First figure out what the ownership and business arrangement actually looks like.

Stuart Reinfeld:

“I like to know what the owners expect the business to look like before we start talking about forms. A company with one owner and a company with four owners may both be called an LLC, but the legal questions can be completely different.”

How Do You Choose a Name for a Florida Business?

The name has to work legally as well as commercially.

For a Florida LLC, the name must be distinguishable on the records of the Department of State and must contain an appropriate designation such as “LLC.” A Florida profit corporation has its own naming requirements and must likewise use a distinguishable name. The state recommends searching its records before filing.

There is an important qualification to the old idea that another business simply cannot have “the exact same name.”

The state’s naming rules concern whether a proposed name is distinguishable on its records. That is a narrower question than whether nobody anywhere has rights in the name.

A Sunbiz search is not a trademark search.

That distinction becomes important if the business will spend substantial money on a brand, website, signs, advertising, packaging, or other intellectual property.

What if the business uses another name?

Florida also allows registration of a fictitious name, commonly called a DBA, when a person or business operates under a name different from its legal name. The registration is intended to tell the public who is conducting business under that name. It does not give the registrant ownership of the name or prevent someone else from registering or using it.

So there are several different concepts that people often lump together:

  • The legal name of the entity.
  • A fictitious or DBA name.
  • Trademark rights.

They are not interchangeable.

How Do You Form an LLC in Florida?

A Florida LLC is formed by filing Articles of Organization with the Division of Corporations.

The filing identifies the LLC and its registered agent and provides other information required by Florida law. The registered agent must have a physical street address in Florida.

The current filing instructions also make something important clear: the Division of Corporations is an administrative filing agency. It does not provide legal, accounting, or tax advice, and it recommends that legal counsel review formation documents when appropriate.

That tells you something about the limits of the filing process.

The state can process your Articles of Organization. It does not decide whether the ownership arrangement between you and your business partner is sensible.

How Do You Form a Corporation in Florida?

A Florida profit corporation is formed by filing Articles of Incorporation.

The document includes the corporation’s name, principal office, registered agent and other required information. A corporation must also identify the number of shares it is authorized to issue.

Again, the terminology matters.

LLC: Articles of Organization.

Corporation: Articles of Incorporation.

The two entities also operate under different statutory frameworks after formation.

The Florida Department of State specifically recommends legal review of Articles of Incorporation when the circumstances call for it.

That can be particularly relevant when the corporation will have several shareholders, unusual ownership arrangements, outside investors, or other provisions that go beyond the minimum filing requirements.

Do You Need an EIN for a Florida Business?

The answer depends on the business.

The IRS treats a single member LLC differently from a multi member LLC for federal income tax purposes. A single member LLC that has not elected corporate treatment is generally disregarded for federal income tax purposes. A multi member domestic LLC is generally treated as a partnership unless it elects otherwise.

That does not mean a single member LLC can simply ignore EINs.

The IRS says an LLC will need an EIN if it has employees or certain excise tax obligations. A single member disregarded LLC that does not have those obligations may not need an EIN for federal income tax purposes, although it may still obtain one for purposes such as opening a bank account or satisfying another requirement.

The old rule that a corporation “definitely” needs an EIN while an LLC simply gets to choose is therefore too crude.

The entity, its tax classification, its employees, and its activities all matter.

Business owners reviewing LLC formation documents with a Florida attorney

What Licenses and Tax Registrations Does a Florida Business Need?

There is no single Florida business license that covers every company.

The requirements depend on what the business actually does.

A business selling taxable goods or services may have to register with the Florida Department of Revenue before beginning those activities. The Department provides an online registration system that determines applicable tax registrations based on information about the business.

Other businesses may have professional licensing requirements, industry specific permits, local requirements, or regulations tied to their location.

A restaurant and a software consultant can both be Florida LLCs. Their regulatory obligations can be very different.

That is why “get your business license” is not much of a checklist.

The useful questions are:

What does the business sell?

Where does it operate?

Does the industry require a professional or occupational license?

Can the business collect a tax that requires registration?

Does the local government impose additional requirements?

Those questions produce a much more accurate answer.

What Documents Should Business Owners Have?

The state filing establishes the entity. It does not necessarily establish the relationship between its owners.

This becomes especially important with a multi member LLC.

Florida law expressly recognizes operating agreements and allows people who intend to become LLC members to make an agreement that will become the company’s operating agreement when the LLC is formed. The operating agreement governs important aspects of the company’s internal relationship.

An operating agreement can address issues such as:

  • Ownership percentages
  • Management
  • Voting
  • Contributions
  • Distributions
  • Transfers of ownership
  • Admission of new members
  • Withdrawal of a member
  • Events affecting the business when a member dies or becomes unable to participate
  • Procedures for resolving disagreements

Not every LLC needs the same document.

A one person consulting business does not present the same problems as a four person company whose owners are contributing different amounts of money and labor.

A Florida LLC Dispute Shows Why the Agreement Matters

In Dinuro Investments, LLC v. Camacho, a dispute among members of an LLC reached the Third District Court of Appeal. The case concerned when an individual LLC member could bring claims against other members in an individual capacity rather than bringing a derivative action on behalf of the company. The court adopted a framework distinguishing direct injuries from injuries belonging to the LLC itself and also recognized the importance of contractual or statutory duties owed directly to a member.

The case involved a real estate development company, not a hypothetical neighborhood startup.

That is useful precisely because disputes between owners do not stay theoretical for long once money and contractual rights are involved.

The operating agreement can become one of the documents the lawyers have to examine when trying to determine what the members agreed to and what rights they have.

Proposed quote — Stuart Reinfeld: “Two people can be completely comfortable with a 50/50 arrangement when the business is making its first dollar. The harder conversation is what happens when they disagree about the hundred thousandth dollar.”

What Happens After the Business Is Formed?

This is where the old six step checklist stopped too early.

Once the entity exists, the owners still have to run it.

Depending on the business, that can include:

  • Obtaining an EIN
  • Opening business banking and accounting systems
  • Establishing ownership and management records
  • Adopting an operating agreement or corporate governance documents
  • Obtaining licenses and permits
  • Registering for applicable Florida taxes
  • Preparing contracts
  • Hiring employees and addressing employment requirements
  • Maintaining the registered agent
  • Filing annual reports

Florida LLCs must file annual reports to maintain active status. The filing period runs from January 1 through May 1 of the applicable year, and failure to file can result in administrative dissolution. Corporations have the same basic annual reporting requirement.

The annual report is not a financial statement. It updates the state’s records about the entity.

That is a small administrative obligation with a very concrete consequence if it is ignored.

The company can disappear from the state’s active records even though the owners are still thinking about it as an operating business.

Why Should Business and Personal Finances Be Kept Separate?

Someone forming an LLC or corporation is creating a separate legal entity. The way the business is actually operated should reflect that.

That includes maintaining appropriate financial records and avoiding the casual mixing of company and personal money.

Florida courts have recognized the separate nature of business entities while also addressing circumstances in which members or shareholders seek to impose liability on individuals behind the entity.

In Dinuro, for example, the Third District discussed the limited liability associated with an LLC and the distinction between claims belonging to the company and claims belonging directly to an individual member.

There is no magic bank account that makes an owner immune from personal liability.

There is also no good reason to make the company’s records harder to understand than they need to be.

If the business buys equipment, the records should show who bought it.

Perhaps an owner puts money into the company, the transaction should be documented appropriately.

If the company signs a contract, the correct legal entity should be identified.

These are ordinary business practices. They also become very important when an owner later has to explain what happened to the company’s money or property.

What Can Go Wrong When Business Partners Do Not Plan Ahead?

Consider a common situation.

Two friends form an LLC. One contributes $100,000. The other contributes less money but works full time in the business. They decide to own the company equally because, at the time, that feels fair.

Three years later, the business is profitable.

The working owner believes his contribution should give him greater control. The other owner believes the original 50/50 agreement is still the agreement.

Neither is necessarily behaving irrationally.

They simply reached the point where the assumptions they made at the beginning no longer answer the questions they now have.

That is the sort of problem an operating agreement can address before the dispute exists.

Florida’s appellate courts have dealt with similar questions in actual LLC disputes. In Demir v. Schollmeier, the Third District considered an agreement between LLC members and concluded that the agreement governed their relationship even though it was not titled an “operating agreement” and was not executed at the time the LLC was originally formed.

The case involved a particular dispute and particular contractual language. It does not mean that every informal agreement between business partners will produce the same result.

It does illustrate why the arrangements between owners deserve attention when the company is being created.

When Should You Talk to a Business Attorney?

You can form a Florida business through the state’s online filing system without hiring a lawyer to click the buttons for you.

The harder question is whether the business has legal decisions that deserve advice before those buttons are clicked.

That is particularly true when:

  • There are multiple owners
  • Owners are contributing different amounts of money or labor
  • The business will have investors
  • Ownership may change
  • The business involves intellectual property
  • The company will own significant property
  • The owners are family members
  • The business is buying another company
  • The company will enter substantial contracts
  • A professional license is involved
  • The owners want restrictions on transfers
  • The business may eventually be sold
  • The owners have different ideas about management or control

In those circumstances, the formation documents are only part of the legal work.

The attorney may need to look at the proposed ownership structure, operating agreement, contracts, licensing requirements, intellectual property, real estate, or other issues before the business begins operating.

Alan Reinfeld:

“The state filing tells you that the entity exists. It does not tell you whether the arrangement between the people who own it will work. That is usually where the more interesting legal questions begin.”

Frequently Asked Questions

How do I form a business in Florida?

  • You generally begin by choosing an appropriate legal structure, selecting a name, designating a registered agent, and filing the required formation documents with the Florida Department of State. The business may also need tax registrations, licenses, permits, and internal ownership or governance documents.

Is an LLC or corporation better for a Florida business?

  • Neither is automatically better. The appropriate structure depends on ownership, management, taxation, financing, liability considerations, and the way the owners expect the business to operate.

What is the difference between Articles of Organization and Articles of Incorporation?

  • Articles of Organization are used to form a Florida LLC. Articles of Incorporation are used to form a Florida profit corporation.

Do I need an EIN for a Florida LLC?

  • It depends on the LLC’s circumstances and federal tax classification. A single member LLC that is disregarded for federal income tax purposes may not need an EIN solely for federal income tax reporting if it has no employees and no applicable excise tax obligations, although an EIN may still be needed or useful for other purposes.

Do I need a business license in Florida?

  • There is no single license required for every Florida business. Requirements depend on the business activity, industry, location, and applicable state or local rules.

What happens after I form an LLC in Florida?

  • The owners may need to obtain an EIN, establish business banking and accounting procedures, prepare an operating agreement, obtain licenses and permits, register for applicable taxes, and maintain the entity’s state records and annual filings.

Does a Florida LLC need an operating agreement?

  • Florida law recognizes operating agreements as governing documents for LLCs. Whether a particular business needs a detailed agreement depends on its circumstances, but an operating agreement can establish important rules concerning ownership, management, transfers, and the relationship among members.

Can I use a different name from my company’s legal name?

  • Yes. A Florida business can generally register a fictitious name, commonly called a DBA, when it operates under a name different from its legal name. The registration does not give the business exclusive ownership of that name.

Starting a Business in Coral Springs or Broward County

Someone opening a business in Coral Springs deals with the same Florida entity laws as someone forming a company elsewhere in the state.

The local details can still matter.

A business may have a physical location, employees, professional licensing requirements, local regulatory issues, or tax and registration obligations connected to where it operates. A company working from a home office can have a different set of practical issues from a restaurant, medical practice, construction company, or retail store.

For business owners in Coral Springs and throughout Broward County, the formation decision should therefore account for the business that actually exists rather than an imaginary generic “Florida business.”

That is also why two businesses that both file as LLCs can need very different legal documents.

Florida business owner reviewing company records in a small business office

Talk With a Florida Business Attorney

If you are forming a business in Coral Springs, Broward County, or elsewhere in Florida, Reinfeld & Cabrera, P.A. can review the proposed structure, ownership arrangement, formation documents, and other legal issues involved in setting up the company.

A consultation can also be useful when the basic filing is straightforward but the relationship between the owners, the company’s contracts, its property, or its future plans raises questions that a state filing form cannot answer.

This article provides general information about Florida business formation and is not a substitute for legal, tax, or accounting advice concerning a particular business.

How to Collect a Business Debt in Florida: From Unpaid Invoice to Judgment

Posted on | by mP@
Business debt collection attorney meeting with a Coral Springs business owner

A business does not have to accept an unpaid invoice as the cost of doing business.

When another company, customer, contractor, or client stops paying, the first step is usually figuring out exactly what is owed, why it is owed, and what evidence supports the claim. From there, a creditor may negotiate payment, send a formal demand, pursue a lawsuit, or, if a judgment is obtained, use Florida’s judgment enforcement procedures to pursue available assets.

There is an important difference between winning a debt case and collecting the money.

A judgment establishes a legal obligation. It does not automatically put a check in your company’s bank account.

Florida’s courts handle an enormous civil caseload. The state’s 2023-24 statistical report shows nearly 2.4 million county civil filings statewide, including small claims and other county civil matters. Florida’s trial courts as a whole manage more than two million civil case filings annually.

Business debt collection is only one part of that system, but the basic lesson is useful: a claim for money needs to be treated as a legal claim, not merely as an increasingly irritated series of emails.

What Should You Do When a Business Owes You Money?

Start by establishing the debt.

Look at the contract, invoice, purchase order, delivery records, emails, payment history, account statements, and any other documents showing what was agreed and what happened afterward.

Ask a few straightforward questions:

  • What did the debtor agree to pay?
  • What did your business provide?
  • When was payment due?
  • How much has been paid?
  • What remains outstanding?
  • Has the debtor disputed the amount or the underlying work?
  • Does the contract contain provisions concerning interest, attorney’s fees, venue, or dispute resolution?
  • Did anyone personally guarantee the obligation?

That last question can become important.

If the customer is an LLC or corporation, the company’s debt does not automatically become the owner’s personal debt. A creditor needs a legal basis for pursuing an individual separately, such as a guaranty or another applicable theory of liability.

That is one reason the paperwork deserves attention before anyone starts threatening to sue.

What Evidence Do You Need to Collect a Business Debt?

A creditor’s strongest evidence often consists of ordinary business records.

A signed contract is useful. So are invoices showing the amounts due, records showing that goods were delivered or services were performed, correspondence acknowledging the balance, and payment records showing what happened afterward.

Sometimes there is no single document that tells the whole story.

Florida recognizes an account stated claim in appropriate circumstances. The Florida Supreme Court has explained that an account stated depends on an agreement concerning the amount owed and an obligation to pay that amount.

Florida’s standard jury instructions describe an account stated as involving transactions for which a specific amount is due and note that an account statement is not automatically conclusive if evidence establishes fraud, mistake, or error.

So an unpaid invoice should not be treated as magic evidence.

A debtor can dispute what was billed, whether the work was completed, whether the goods were delivered, whether the amount is correct, or whether the person receiving the invoice had authority to incur the obligation.

The more clearly the business can reconstruct the transaction, the easier it becomes to evaluate the claim.

Should You Send a Demand for Payment Before Suing?

Often, yes.

A demand letter can identify the amount claimed, explain the contractual or factual basis for the debt, establish a deadline for payment, and give the debtor an opportunity to resolve the matter before litigation.

It can also reveal what the actual dispute is.

A company that responds, “We agree that we owe $40,000 but need 90 days” presents one problem.

A company that responds, “Your employees never completed the work and we owe nothing” presents another.

And a company that stops answering altogether presents yet another.

The demand process therefore has a practical purpose beyond giving someone one final chance to pay.

It can help establish what the parties actually disagree about.

Can You Sue a Business for an Unpaid Debt?

Yes, when the facts support a legally recognized claim.

The appropriate cause of action depends on the transaction. A creditor may have a breach of contract claim, an account stated claim, an open account claim, or another theory depending on the circumstances.

The contract itself can also determine what remedies are available.

Florida law generally gives five years to bring a legal or equitable action founded on a written contract or other liability founded on a written instrument. The limitations period is different for various other types of claims, including claims based on unwritten obligations.

That makes one piece of advice particularly important:

Do not assume you have plenty of time because the debtor keeps promising to pay.

A business can spend months or years hearing variations of “the check is coming” while the legal clock continues to run.

A recent Florida case illustrates the problem.

An Unpaid Legal Bill That Stayed Unpaid for Years

In LAD Commercial, LLC v. Eagle Trace at Vero Beach Homeowners’ Association, Inc., the Fourth District Court of Appeal considered a breach of contract claim arising from unpaid legal services.

The invoices totaled $20,179.08. The alleged unpaid work dated back years, and the defendant argued that the claim was barred by the statute of limitations. The litigation ultimately required the appellate court to examine when the cause of action accrued and how the contract’s payment provisions affected that analysis.

The lesson is not that every unpaid invoice becomes a statute of limitations dispute.

It is that waiting can turn a collection problem into a limitations problem.

What If the Debtor Disputes the Debt?

Then the case needs to be analyzed rather than treated as a simple collection matter.

Suppose a contractor invoices a business for $75,000. The business refuses to pay and says the contractor abandoned the project.

Now there are factual questions:

  • Was there a contract?
  • What work was required?
  • What work was actually completed?
  • Were there change orders?
  • Did the customer approve them?
  • Was the work defective?
  • Did the customer terminate the contract?
  • What damages did either side suffer?

The invoice alone cannot answer those questions.

Commercial litigation often turns on reconstructing the transaction from the documents and testimony rather than simply proving that an invoice exists.

Can You Sue the Owner of an LLC Personally?

Not merely because the LLC owes the money.

An LLC is a separate legal entity, and the existence of a business debt does not automatically create personal liability for its members.

A personal guaranty can change that.

So can other circumstances, depending on the facts and applicable law.

This is an area where careless collection advice can create a serious problem. A creditor should identify the actual legal basis for pursuing an individual instead of assuming that the person who owns the company and the company itself are interchangeable.

If the contract says that the company’s owner personally guarantees payment, that provision deserves close examination.

If there is no guaranty, the analysis is different.

What Happens If You File a Business Debt Lawsuit?

The case moves into the ordinary civil litigation process.

Depending on the claim and amount involved, that can include:

  1. Filing the complaint
  2. Serving the defendant
  3. Receiving the defendant’s response
  4. Conducting discovery
  5. Negotiating a settlement
  6. Resolving motions and disputed legal issues
  7. Preparing for trial if necessary
  8. Obtaining a judgment
Commercial litigation attorney reviewing business debt evidence in Broward County

Florida’s civil procedure system was significantly updated beginning January 1, 2025. The changes emphasize active case management, deadlines, initial discovery disclosures, supplementation, and discovery proportional to the needs of the case.

That does not mean every unpaid invoice will turn into a dramatic courtroom battle.

Many cases settle.

Some are resolved through motion practice.

Some proceed to trial.

And some defendants simply fail to respond, creating a different procedural situation.

The important point is that filing a lawsuit starts a legal process. It does not mean the creditor can immediately take the debtor’s property.

What Happens After You Win a Judgment?

This is the part that the old article barely addressed.

A judgment is not the same thing as payment.

Florida law provides several mechanisms for enforcing money judgments.

Under Florida Statute § 77.03, a judgment creditor can seek a writ of garnishment after obtaining a judgment. Garnishment can reach certain money or property held by a third party for the judgment debtor, subject to the requirements and limitations of Florida law.

Florida’s execution statutes also provide for levy and sale of certain property to satisfy a judgment. Section 56.061 identifies categories of property subject to execution, including certain real and personal property and corporate stock.

Florida also permits a judgment creditor to acquire a judgment lien on certain personal property, including property subject to execution and certain payment intangibles and accounts.

Those remedies can matter when a debtor has assets but simply refuses to pay.

They also have limits.

Property may be exempt. Other creditors may have priority. Secured creditors may have existing rights. Bankruptcy can change the situation entirely.

A judgment gives the creditor legal leverage and enforcement tools. It does not create assets that do not exist.

Can You Garnish a Business Bank Account?

Potentially, but garnishment has a specific legal procedure.

Florida Statute § 77.03 provides for issuance of a writ after judgment. Florida law also permits pre-judgment garnishment in certain circumstances, but the requirements are considerably more specific. Section 77.031 requires a verified motion or affidavit containing particular factual allegations, including the nature and amount of the claim and why the plaintiff believes the defendant will not have sufficient property available for execution.

That is a good example of why “just garnish their account” is not legal strategy.

There is a procedure.

There are requirements.

And there may be defenses and exemptions.

What If the Debtor Has Assets but Still Refuses to Pay?

Florida’s judgment enforcement statutes give creditors tools for investigating and reaching certain property.

Chapter 56 includes proceedings supplementary, which can be used in appropriate circumstances after a judgment. Florida law also addresses discovery concerning a judgment debtor’s assets and execution procedures.

A judgment creditor may therefore have options even when the debtor has not voluntarily written the check.

But those options depend heavily on what the debtor actually owns, how the assets are titled, whether other creditors have claims, and whether exemptions or other legal restrictions apply.

That investigation can become particularly important when a business appears to be operating normally while claiming that it has no money to satisfy a judgment.

Can You Recover Attorney’s Fees and Interest?

Sometimes.

Attorney’s fees are not automatically awarded simply because a business wins a lawsuit.

A contract may provide for attorney’s fees. Florida Statute § 57.105(7) provides reciprocity for certain contractual attorney’s fee provisions, allowing the prevailing party to recover reasonable attorney’s fees in an action concerning a contract when the statutory requirements are met.

Florida’s courts have also dealt with the issue in collection cases.

In Ham v. Portfolio Recovery Associates, LLC, the Florida Supreme Court considered whether a contractual attorney’s fee provision could become reciprocal when the creditor pursued an account stated claim rather than suing directly under the underlying credit agreement. The Court held that the statutory reciprocity provision applied because of the relationship between the account stated claim and the underlying contract.

That is a useful warning against treating attorney’s fees as an automatic add-on to every debt.

The contract, the cause of action, and the applicable statute all matter.

Interest also has its own rules. Florida Statute § 55.03 establishes the framework for the interest rate applicable to judgments and provides for quarterly adjustments based on the statutory formula.

What If You Already Have a Judgment but Still Have Not Been Paid?

Then the legal problem has changed.

You are no longer trying to establish that the debtor owes the money. You are trying to enforce an established judgment.

That can involve:

  • Judgment liens
  • Garnishment
  • Execution
  • Discovery concerning assets
  • Proceedings supplementary
  • Negotiated payment arrangements
  • Other enforcement mechanisms permitted by law

Florida Statute § 55.081 provides that a judgment generally cannot remain a lien on Florida real or personal property indefinitely; the statutory period is 20 years from entry of the judgment, subject to the statute’s provisions.

That does not mean a creditor should wait 19 years and see what happens.

It means Florida gives judgments a legal life that can extend well beyond the original lawsuit.

What If the Business Is Closing or Moving Assets?

This is where timing can become particularly important.

A creditor who has reason to believe that a debtor is transferring assets, shutting down operations, or reorganizing its affairs may need legal advice quickly.

Florida law contains procedures governing execution, judgment liens, proceedings supplementary, and other post-judgment remedies. The appropriate response depends on what is actually happening and what assets are involved.

A creditor should also avoid taking matters into its own hands.

Threatening customers, seizing property without legal authority, making false accusations, or attempting to bypass court procedures can create entirely new legal problems.

Collection is supposed to recover a debt.

It should not create another lawsuit.

How Long Do You Have to Collect a Business Debt in Florida?

There is no single limitations period for every business debt.

For example, Florida Statute § 95.11 generally provides a five-year limitations period for an action founded on a written instrument. Other claims can have different periods.

The nature of the obligation matters.

So does the date on which the particular cause of action accrued.

A creditor should identify the legal claim before assuming that an old invoice is still enforceable.

This is one reason an attorney should review an aging account before the business simply writes it off or sends another routine reminder.

A Business Debt Is Still a Business Problem

An unpaid $5,000 invoice can be irritating.

Some unpaid $50,000 invoice can disrupt payroll.

An unpaid $500,000 obligation can change whether a business can continue operating.

That is why debt collection should be approached in proportion to the amount at stake, the strength of the evidence, the debtor’s financial position, and the cost of pursuing the claim.

There is also a relationship question.

A company may want the money without destroying a valuable customer relationship. Another company may have reached the point where continuing to negotiate makes little economic sense.

Those are business decisions.

The legal job is to identify the available remedies and the consequences of using them.

When Should You Hire a Business Debt Collection Attorney?

Legal advice can be particularly useful when:

  • The amount owed is substantial
  • The debtor disputes the debt
  • The contract contains complicated provisions
  • A personal guaranty is involved
  • Several businesses or individuals are connected to the transaction
  • The debtor has stopped responding
  • You suspect assets are being moved
  • The debt is approaching a limitations deadline
  • You need to file a lawsuit
  • You already have a judgment
  • You need to investigate enforcement options
  • Bankruptcy has been threatened or filed

The earlier the legal analysis occurs, the more options may still be available.

That does not mean every $2,000 invoice needs a lawsuit.

Sometimes a well-supported demand gets the check.

There are cases where a payment agreement makes commercial sense.

Sometimes litigation is necessary.

And sometimes the debtor’s financial condition makes collecting the judgment itself the hardest part.

Florida attorney discussing judgment enforcement with a business owner

Frequently Asked Questions

How do I collect a business debt in Florida?

  • Begin by documenting the debt, reviewing the contract and supporting records, and determining whether the debtor disputes the amount or the underlying obligation. Depending on the circumstances, collection may involve a demand for payment, negotiation, litigation, judgment, and post-judgment enforcement.

Can I sue a business for an unpaid invoice?

  • Yes, when the facts support a legally recognized claim. The appropriate claim depends on the transaction, contract, records, and applicable Florida law.

Can I personally sue the owner of an LLC for the company’s debt?

  • Not automatically. An LLC is a separate legal entity. Personal liability generally requires its own legal basis, such as a personal guaranty or another applicable theory.

Could I recover attorney’s fees in a business debt lawsuit?

  • Possibly. A contract, statute, or other legal basis may authorize recovery. Florida Statute § 57.105(7) provides for reciprocal attorney’s fee rights in certain contract actions when the statutory requirements are satisfied.

Can I garnish a debtor’s bank account in Florida?

  • Potentially. Florida law provides procedures for garnishment, including post-judgment garnishment under § 77.03. Exemptions, procedural requirements, and the identity of the account holder can affect whether garnishment is available.

What happens after I win a judgment?

  • The creditor may have several enforcement options, including garnishment, execution, judgment liens, and proceedings supplementary, depending on the debtor’s assets and the circumstances.

How long do I have to sue for an unpaid business debt in Florida?

  • It depends on the legal claim. Florida generally provides five years for actions founded on a written instrument, while other claims can have different limitations periods.

Is a judgment the same as getting paid?

  • No. A judgment establishes the legal obligation, but the creditor may still need to use available enforcement procedures to collect the judgment.

Collecting Business Debts in Coral Springs and Broward County

A business in Coral Springs may sell services to another Broward County company, supply goods to customers across South Florida, or have contracts with companies anywhere in the country.

The location of the debtor, the terms of the contract, the applicable law, and the debtor’s assets can all affect the collection strategy.

For a Coral Springs business dealing with a significant unpaid account, the first useful step may be a review of the transaction itself: the contract, invoices, communications, payment history, and any documents showing what the debtor agreed to pay.

From there, the appropriate path may be a demand, negotiation, lawsuit, judgment enforcement, or some combination of those steps.

The important thing is to know which problem you actually have.

An unpaid invoice is one problem. A disputed contract is another. An unpaid judgment is a third.

Treating all three as “someone hasn’t paid us yet” is how a relatively straightforward collection matter can become unnecessarily expensive.

Talk With a Coral Springs Business Litigation Attorney

If your business is owed money by a customer, contractor, company, or other party, Reinfeld & Cabrera, P.A. can review the underlying transaction and discuss the legal options available for pursuing the debt.

That may mean evaluating the contract and records before a lawsuit is filed. It may mean negotiating payment. It may mean litigating the claim. And if you already have a judgment, the analysis may shift toward enforcement.

The right approach depends on the debt, the evidence, the debtor, and the remedies available under Florida law.

Contact Reinfeld & Cabrera, P.A. in Coral Springs to discuss your business debt collection matter.

This article provides general information about Florida business debt collection and is not a substitute for legal advice concerning a particular debt, contract, lawsuit, or judgm

When Does a Landlord Have to Return a Security Deposit in Florida?

Posted on | by mP@

How Long Does a Landlord Have to Return a Security Deposit?

Florida Statute §83.49 creates two different timelines.

If the landlord is not making a claim against the security deposit, the deposit generally must be returned within 15 days after the tenancy ends.

If the landlord intends to keep some or all the deposit, the landlord has 30 days to notify the tenant. He provides a copy in writing of the intention to impose a claim and the reason for it. The notice must be sent as required by the statute. This by certified mail to the tenant’s last known mailing address or, when the parties have properly agreed to electronic notices, by email.

That difference is important. The 15-day rule is about returning a deposit when there is no claim. The 30-day rule gives the landlord time to notify the former tenant about a claim against the deposit.

What If the Landlord Wants to Keep Part of the Deposit?

A landlord cannot simply decide that the security deposit has become a convenient repair fund.

When a landlord intends to impose a claim, the required notice must state the amount claimed and the reason for the claim. The tenant then has 15 days after receiving the notice to object in writing.

If the tenant does not object within that period, things change. The landlord may deduct the claim and must send the remaining balance within the time required by the statute.

A late objection does not necessarily eliminate every possible legal claim by the tenant. Florida law expressly says that failing to object within the 15-day period does not waive the tenant’s right to seek damages in a separate action.

What Can a Landlord Deduct From a Security Deposit in Florida?

A security deposit exists to secure the tenant’s obligations under the rental agreement. A dispute can arise over unpaid rent, damage to the property, or other amounts the landlord claims are owed under the lease.

The recurring fight, however, is usually about damage versus ordinary wear and tear.

A tenant who has lived in an apartment for several years should not expect the property to look exactly as it did on move-in day. Faded paint, ordinary aging, and normal deterioration are different from a broken fixture, a damaged door, or other physical damage caused during the tenancy.

The lease, the property’s condition, and the evidence surrounding the claimed damage all matter.

For that reason, both sides should preserve useful records:

  • The lease and any amendments
  • Move-in and move-out photographs
  • Inspection reports
  • Messages about repairs
  • Photographs of claimed damage
  • Repair invoices or estimates
  • Proof of rent payments
  • The tenant’s forwarding address
  • The landlord’s deposit correspondence

A photograph taken on moving day can be considerably more useful than an argument six months later about what the carpet looked like.

What Happens If the Landlord Misses the 30-Day Deadline?

This is one of the most important Florida security deposit rules.

If a landlord fails to give the required notice within the 30-day period, the landlord forfeits the right to impose a claim against the security deposit. The statute still allows the landlord to bring an action for damages after returning the deposit.

That does not mean every late notice automatically ends every dispute between the parties. It means the landlord cannot use the security deposit itself as a setoff after missing the statutory notice deadline.

For a tenant who has been waiting for a deposit, the date the tenancy ended and the date the landlord sent the notice can therefore become important evidence.

What If the Tenant Disagrees With the Deduction?

A tenant who receives a claim against the deposit has 15 days after receiving the notice to object in writing.

The objection should address the actual dispute. If the landlord claims $2,000 for repairs and the tenant believes the property suffered ordinary wear and tear, the tenant can explain that disagreement and preserve the relevant evidence.

Photographs, inspection records, repair communications, and the condition of the property at move-in can all become useful.

If the dispute cannot be resolved, either party can bring an action to determine who is entitled to the security deposit. Florida law provides that the prevailing party is entitled to court costs and a reasonable attorney fee in an action concerning the deposit.

That can make the size and strength of the claim relevant when deciding how to proceed.

Does a Florida Security Deposit Earn Interest?

It can.

Florida law allows a landlord to hold a security deposit in a separate non-interest-bearing account, a separate interest-bearing account, or under certain circumstances through a surety bond.

When the deposit is held in an interest-bearing account, the tenant must receive interest calculated under the formula in §83.49. The statute also provides a 5% simple-interest requirement when the landlord uses the specified surety-bond option.

The landlord must also give the tenant written information about how the deposit is being held and whether the tenant is entitled to interest, subject to the statutory exceptions.

What If I Paid a Fee Instead of a Security Deposit?

Florida law now recognizes a separate arrangement in which a landlord may offer a tenant the option to pay a fee in lieu of a security deposit.

That fee is legally different from a traditional security deposit. The arrangement has its own disclosure requirements and rules concerning claims for unpaid rent, fees, and property damage. The statute applies to rental agreements entered into or renewed on or after July 1, 2023.

So if the money paid at the beginning of the tenancy was called a “deposit waiver fee,” “deposit alternative,” or something similar, the first step is to determine what agreement the tenant actually signed.

The ordinary security-deposit rules should not automatically be applied to a different arrangement.

What If the Tenant Never Gave a Forwarding Address?

Give the landlord one.

Florida’s statutory security-deposit notice specifically tells tenants to provide a new address after moving out so the landlord can send notices concerning the deposit. Section 83.49 also contains separate rules concerning a tenant who vacates or abandons a property without giving the required notice.

A forwarding address also removes one very unnecessary source of confusion.

If there is a dispute over the deposit, keep proof that the new address was provided and keep copies of the communication.

Security Deposit Disputes in Coral Springs and Broward County

A security deposit dispute in Coral Springs is governed primarily by Florida’s statewide landlord-tenant law. Florida expressly preempts local regulation of matters covered by Part II of Chapter 83, including security deposits and landlord-tenant notice requirements.

The same statutory framework applies across Broward County and South Florida, whether the rental property is in Coral Springs, Tamarac, Fort Lauderdale, Parkland, or another community.

The facts of the dispute will still be local: the rental property, the lease, the inspection records, the communications between the parties, and the evidence supporting the claimed deduction.

Landlord or tenant? Get the deposit dispute reviewed before it gets bigger.

If you are a tenant and your security deposit was withheld, bring the lease, the landlord’s notice, photographs, and your move-out records to an attorney who can evaluate whether the deduction and notice complied with Florida law.

If you are a landlord, have the lease, deposit records, photographs, invoices, and notice reviewed before assuming a deduction is enforceable. A mistake in the notice or timing can affect your ability to claim against the deposit.

Reinfeld & Cabrera, P.A. represents both landlords and tenants in South Florida landlord-tenant disputes, including security deposit claims. Contact the firm in Coral Springs to discuss the circumstances, review the relevant documents, and determine what legal options may be available.

Frequently Asked Questions

How long does a landlord have to return a security deposit in Florida?

  • Generally, 15 days after the tenancy ends if the landlord does not intend to make a claim against the deposit. If the landlord intends to make a claim, the landlord generally has 30 days to provide the required notice.

Can a landlord keep a security deposit for damages in Florida?

  • A landlord may have a claim against a security deposit for amounts the tenant owes under the rental agreement, including qualifying damage. The landlord must follow Florida’s statutory notice procedure when making a claim.

What is the 30-day rule for security deposits in Florida?

  • If a landlord intends to impose a claim against the security deposit, the landlord generally must give the tenant written notice of the claim and its reason within 30 days after the tenancy ends.

How long does a tenant have to dispute a security deposit deduction in Florida?

  • A tenant generally has 15 days after receiving the landlord’s claim notice to object in writing.

What happens if a landlord does not return a security deposit in Florida?

  • The answer depends on whether the landlord made a claim and whether the required statutory notices were provided on time. A landlord who misses the 30-day claim-notice deadline forfeits the right to impose a claim against the deposit itself, although the statute allows a later action for damages after the deposit is returned.

This article provides general information about Florida landlord-tenant law and security deposits. It is not legal advice for a particular landlord or tenant, and the outcome of a dispute depends on the lease, the facts, and the applicable law.