FL Con
(4 categories)
1. Race
2. Religion
3. National Origin
4. Physical Disability
(and 5. Fundamental rights)
Kenny decides to sell Chio powder to Migchelle. Chio powder is a controlled substance. Migchelle overdoses. What crime will Kenny likely be convicted of in Florida?
Fist degree murder
Matt and Port were married for 8 years. Port is upset Matt has been spending too much time at Juneacre. Port divorces Matt. How many years of DURATIONAL alimony could Port potentially recover?
4 years
Short term marriage (0-10): 50% length of marriage. 50% X 8 years = 4 years.
Which invasion of privacy tort does Florida NOT recognize?
False Light
What two types of easements do not need to be in writing?
Easement by necessity
Easement by prescription
Charter counties may enact laws/ordinances that do not conflict with _____ laws. Non-charter counties may only pass laws that do not conflict with _____ or _____ laws.
General Laws
General or Special Laws
In Florida, Murder in the 3rd degree occurs when
a person commits an unlawful killing during the commission of a nonenumerated felony.
The maximum amount of retroactive child support that can be recovered is ___ months
24
In Medical Malpractice cases, what two things is a plaintiff required to do before filing his/her/zers/nonbinary claim?
Florida also requires (1) pre-suit investigation by the plaintiff and (2) pre-suit notice to the medical provider and his/her insurance company.
To be successful on a claim of breach of the covenant of quiet enjoyment, the tenant must show
(i) the landlord actions caused the injury
(ii) the resulting conditions render the premises inhabitable
(iii) the Tenant MUST vacate the property
OR
Substantial impairment, Notice, Get out
Special laws and general laws of local application may not pertain to several "uniform categories". Name 3 of these uniform categories.
(1) taxes, (2) Rules of
Court, (3) Juries, (4) Family Law and (5) Evidence
The court generally must grant a new trial if any of the following is established:
Name 2/3
i) The jurors decided the verdict by lot;
ii) The verdict is contrary to the law or the weight of the evidence; or
iii) New and material evidence emerged that the defendant could not have discovered with reasonable diligence that, if introduced at trial, would have changed the verdict or finding of the court.
Florida follows the ____-_____ model in regards to the amount of child support owed which means the child receives the same proportion of parental income as if the parents continued living together.
Income-Shared
In Florida, a firefighter or properly identified law enforcement officer who lawfully enters the premises in the discharge of duty is owed the same duty that is owed to:
A: Invitee/Licensee by invitation
B: Uninvited Licensee/ Known Trespasser
C: Unknown Trespasser
A: Invitee/Licensee by invitation (Inspect and make reasonably safe)
The LL has ___ days after the tenant vacates to return the security deposit. If the LL intends to keep the security deposit, they must give ___ days notice.
15 days after the tenant vacates to return security deposit
30 days notice of intent to impose a claim on the security deposit (not return)
What is the Kluger Doctrine
Access to courts, may be restricted if 1) reasonable alternative provided or 2) if no reasonable alternative exists only upon showing of overwhelming public necessity
Aggravated Manslaughter in Florida
Criminally culpable negligence causes the death of:
(i) an elderly person, (ii) a disabled adult, (iii) a person under the age of 18, or (iv) an officer, firefighter, emergency medical technician, or paramedic engaged in the performance of his duties.
When do you need to give notice to grandparents pending adoption of a child?
If the child has lived with the grandparent for at least 6 of the preceding 24 months
DAILY DOUBLE
Under the Good Samaritan Law, a rescuer is protected from liability if these three elements are met
1) Gratuitous
2) In good Faith
3) without objection
Name 4 things that may render title unmarketable
Every contract in Florida Contains an implied warranty that the seller will provide a marketable title at closing. Marketable title is title that is free from an unreasonable risk of litigation.
Mortgages, liens, easements, and covenants render title unmarketable, unless the buyer waives them.
In his will, a decedent directed that his homestead property be sold, and the proceeds be distributed to his two children. The decedent had an unpaid credit card balance, and creditor wants first claim on the proceeds of the sale. Will creditor prevail?
Yes
Knadle v. Estate of Knadle, 686 So. 2d 631 (Fla. 1st DCA 1997).
The court must order a PSI report if
1st time felon
Juvenile felony conviction
Divorce actions are usually brought in Circuit court, when they can be brought in county court
(1) parties agree the marriage is irretrievably broken, (2) no minor or dependent children of the marriage, (3) wife is not currently pregnant, and (4) parties amicably divide all assets/debts
DAILY DOUBLE
In Florida, a health care provider will not be liable for failure to obtain informed consent if the patient either
(1) received enough information so that a reasonable person would have a general understanding of the procedure, its alternatives, and its risks; or (2) would have accepted the treatment had he been advised as required.
DAILY DOUBLE
What is "Lis Pendens" and where must it be filed?
Public notice that a lawsuit is pending that affects the title or ownership of a specific real estate property
Must be filed with the clerk of court in the county where the property is located