Florida Bar Exam Distinctions

FLORIDA BAR EXAM DISTINCTIONS

Florida has declined to adopt the Uniform Bar Examination. The Florida Bar Examination is a two-day exam administered by the Florida Board of Bar Examiners. Part A consists of Florida-specific essay questions and a Florida multiple-choice segment covering Florida law; Part B is the Multistate Bar Examination (MBE). Because the essays and the Florida multiple-choice section test Florida law specifically, you cannot pass on national doctrine alone — you must master where Florida departs from the majority/MBE rules. This page collects those departures and supplements.

📘 Florida administers its own bar exam (not the UBE), testing Florida-specific subjects alongside the MBE. This page covers Florida's departures from national law. For the universal doctrine, see the MBE Subject Outlines and MEE Subject Outlines.

Florida essay graders reward precise statutory citations and recognition of Florida's idiosyncrasies — homestead, the elective share, the 2023 tort and alimony reforms, Stand Your Ground, and the 2021 summary-judgment change are perennial favorites because they trip up applicants who studied only for the MBE. Watch for the explicit "National: X. Florida: Y." contrasts throughout; those are the points worth memorizing cold.

I. FLORIDA CONSTITUTIONAL LAW & STRUCTURE

Florida Constitutional Law is a tested Florida subject. The exam does not re-litigate the U.S. Constitution (that is the MBE's domain); it tests the structure of Florida government and the rights in the Florida Constitution that are broader than their federal counterparts.

A. The Florida Privacy Right (Art. I, § 23)

FL Rule: Article I, Section 23 of the Florida Constitution provides an express, freestanding right of privacy: "Every natural person has the right to be let alone and free from governmental intrusion into the person's private life." This is far broader than the federal privacy right, which is implied and penumbral. National: privacy is an implied substantive-due-process right inferred from the Bill of Rights. Florida: privacy is an express textual right that triggers strict scrutiny once a reasonable expectation of privacy is shown.

Once a person demonstrates a legitimate expectation of privacy, the burden shifts to the State to prove (1) a compelling state interest and (2) that the intrusion is accomplished by the least intrusive means. The right reaches informational privacy, disclosure of personal records, and historically reached abortion (In re T.W.), though that interpretation has narrowed following the 2022 federal landscape. The privacy right applies only to governmental intrusion, not purely private conduct.

B. Home Rule

FL Rule: Florida is a constitutional home-rule state. Article VIII grants non-charter and charter counties and municipalities broad power to govern themselves and exercise any power for municipal purposes except as otherwise provided by law. National: many states follow Dillon's Rule, under which local governments possess only powers expressly delegated. Florida: municipalities enjoy broad home-rule authority and may act unless the legislature has preempted the field or the act conflicts with general law. Local ordinances are valid unless (1) expressly preempted, (2) impliedly preempted because the state has occupied the field, or (3) in direct conflict with a state statute.

C. The Florida Supreme Court and Judicial Structure

FL Rule: Florida's courts run county courts → circuit courts (trial courts of general jurisdiction) → five District Courts of Appeal (DCAs) → the Florida Supreme Court (seven justices). The Florida Supreme Court has limited mandatory jurisdiction — it must hear death-penalty appeals, bond validations, and certain Public Service Commission matters — and broad discretionary jurisdiction to review decisions that expressly declare a statute valid/invalid, that expressly construe the Florida or U.S. Constitution, or that expressly and directly conflict with another DCA or Supreme Court decision. Justices are appointed by the Governor from a Judicial Nominating Commission list and then face merit-retention votes.

D. Separation of Powers

FL Rule: Article II, Section 3 contains an express and strict separation-of-powers clause: "No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein." Florida construes this more rigidly than the federal system. The doctrine bars unconstitutional delegation of legislative power (the legislature must provide adequate standards) and prohibits the legislature from impairing the judiciary's inherent power over court procedure — note that the Florida Supreme Court, not the legislature, adopts rules of practice and procedure, while the legislature controls substantive law (a recurring tension, e.g., over the Daubert standard).

ESSAY WRITING TIP: For a Florida Constitutional Law essay, anchor every right to its specific article and section (Art. I, § 23 for privacy; Art. X, § 4 for homestead; Art. II, § 3 for separation of powers). Graders reward applicants who recognize that Florida's text is independent of and frequently broader than the federal Constitution; always state expressly when the Florida provision exceeds federal protection and then apply Florida's heightened standard (e.g., strict scrutiny for privacy).

FL BAR TIP: The privacy right is the single most heavily tested Florida constitutional distinction. Memorize the two-part State burden (compelling interest + least intrusive means) and the threshold "reasonable expectation of privacy" trigger. Also be ready to distinguish home rule from Dillon's Rule and to spot a preemption issue when a local ordinance clashes with a state statute.

II. FLORIDA CIVIL PROCEDURE

Florida Civil Procedure is governed by the Florida Rules of Civil Procedure, not the Federal Rules. Although the two share DNA, the differences are heavily tested because applicants who memorized the FRCP for the MBE walk into traps.

A. Personal Jurisdiction and the Long-Arm Statute

FL Rule: Florida has an enumerated long-arm statute, Fla. Stat. § 48.193, listing specific acts that subject a nonresident to jurisdiction (e.g., operating a business in Florida, committing a tortious act within Florida, owning Florida real property, breaching a contract by failing to perform acts required to be performed in Florida, § 48.193(1)(a)1–9), plus general jurisdiction under § 48.193(2) for substantial and not isolated activity. National (FRCP/many states): the long-arm reaches to the full extent of federal due process. Florida: a two-step analysis is required. Under Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla. 1989), the court first asks (1) whether the complaint alleges sufficient jurisdictional facts to bring the action within the enumerated language of § 48.193, and only then (2) whether the defendant has sufficient minimum contacts to satisfy federal due process. A defendant cannot fall within § 48.193 yet escape jurisdiction if due process is not met, and vice versa.

EXAMPLE: A New York manufacturer ships a defective product that injures a plaintiff in Miami. Step one: § 48.193(1)(a)6 (causing injury within Florida by an act outside Florida if the defendant engaged in solicitation or processed products consumed in Florida) is satisfied. Step two: minimum contacts — did the manufacturer purposefully avail itself of the Florida market? If it merely placed the product in the stream of commerce without more, due process may not be met under Asahi/McIntyre principles, and jurisdiction fails despite the long-arm being literally satisfied.

B. Pleading: Fact Pleading, Not Notice Pleading

FL Rule: Florida is a fact-pleading jurisdiction. Rule 1.110(b) requires "a short and plain statement of the ultimate facts" showing entitlement to relief. National (FRCP 8): notice pleading (now plausibility pleading under Twombly/Iqbal). Florida: ultimate-fact pleading. A Florida complaint must allege each element of the cause of action with supporting ultimate facts, not mere conclusions and not evidentiary detail. Fraud and mistake must be pleaded with particularity (Rule 1.120(b)), mirroring the federal rule.

C. Motions to Dismiss and the "Four Corners" Rule

FL Rule: On a Rule 1.140(b)(6) motion to dismiss for failure to state a cause of action, the court is confined to the four corners of the complaint and must accept the well-pleaded allegations as true; it may not consider outside evidence or affirmative defenses (those belong in an answer or summary judgment). Rule 1.140 also lists the consolidation-of-defenses and waiver rules: defenses of lack of personal jurisdiction, improper venue, insufficiency of process, and insufficiency of service are waived if not raised by motion or in the responsive pleading.

D. Summary Judgment — The 2021 Adoption of the Federal Standard

FL Rule: Effective May 1, 2021, the Florida Supreme Court amended Rule 1.510 to adopt the federal Celotex/Anderson/Matsushita summary-judgment standard. National: the federal "no genuine dispute of material fact" standard, under which the movant may point to an absence of evidence and the nonmovant must come forward with evidence sufficient for a reasonable jury to find in its favor. Florida (pre-2021): the old, more demanding standard that required the movant to conclusively disprove the nonmovant's theory and resolved even the "slightest doubt" against summary judgment. Florida (post-2021): now textually mirrors FRCP 56 and applies the federal standard. This is one of the most important recent Florida procedural changes — flag the date. Rule 1.510 now also imposes federal-style timing requirements (serving the motion at least 40 days before the hearing) and requires the court to state on the record the reasons for granting or denying.

E. Discovery and Voluntary Dismissal

FL Rule: Florida discovery (Rules 1.280–1.390) parallels federal practice but historically lacked mandatory initial disclosures and the federal proportionality scaffolding (recent amendments have moved Florida closer to the federal model on proportionality and ESI). On voluntary dismissal, Rule 1.420(a) lets a plaintiff dismiss once without court order before a hearing on a motion for directed verdict or before retirement of the jury; a second voluntary dismissal of the same claim operates as an adjudication on the merits (the "two-dismissal rule," like FRCP 41).

F. Statutes of Limitation (Fla. Stat. § 95.11)

FL Rule: Section 95.11 sets the limitations periods. Common ones to memorize: actions on a written contract — 5 years; actions on an oral contract — 4 years; negligence/general tort — 4 years (note: the 2023 reform shortened the general negligence period from 4 years to 2 years for causes of action accruing on or after March 24, 2023); professional malpractice — 2 years; products liability — 4 years; wrongful death — 2 years; intentional torts based on abuse — extended periods; actions to recover real property — 7 years. The 2-year negligence change is a major recent reform; always check the accrual date.

G. Jury Trial, New Trial, Remittitur and Additur

FL Rule: Florida permits both remittitur and additur (Fla. Stat. § 768.74) — the court may order a new trial if a party rejects the adjustment. A motion for new trial under Rule 1.530 must be served within 15 days of the verdict. Florida juries in civil cases are six members unless the parties stipulate otherwise.

H. Appeals (Florida Rules of Appellate Procedure)

FL Rule: Appeals run primarily to the DCAs. A notice of appeal of a final order must be filed within 30 days of rendition (Rule 9.110). Florida, unlike the strict federal final-judgment rule, allows appeals of an enumerated list of nonfinal orders (Rule 9.130) — e.g., orders on venue, personal jurisdiction, injunctions, and the entitlement to immunity. For nonfinal orders that are not appealable but cause irreparable harm with no adequate remedy on plenary appeal, a party may seek a writ of certiorari (common-law certiorari requires a departure from the essential requirements of law causing material injury that cannot be remedied on appeal). National (federal): the final-judgment rule with narrow §1292 interlocutory exceptions and the collateral-order doctrine. Florida: a specific enumerated list of appealable nonfinal orders plus certiorari as a safety valve.

I. Res Judicata and Collateral Estoppel

FL Rule: Florida res judicata requires identity of (1) the thing sued for, (2) the cause of action, (3) the parties, and (4) the quality/capacity of the persons. Collateral estoppel (issue preclusion) in Florida traditionally required mutuality of parties — a key distinction. National: many jurisdictions permit nonmutual (offensive and defensive) collateral estoppel. Florida: historically requires mutuality, so a stranger to the first suit generally cannot invoke issue preclusion (with a narrow exception recognized for defensive use in some contexts). Be careful to apply Florida's mutuality requirement on a Florida essay.

ESSAY WRITING TIP: On a Florida Civil Procedure essay, lead with the rule number (e.g., "Under Fla. R. Civ. P. 1.510..." or "Under § 48.193..."). For personal jurisdiction, ALWAYS write out the two-step Venetian Salami analysis explicitly — first the statutory long-arm, then minimum contacts — because conflating the two is the most common point-losing error.

FL BAR TIP: Three procedural changes are exam gold and must be flagged by their dates: (1) the May 2021 adoption of the federal summary-judgment standard under amended Rule 1.510; (2) the 2023 shortening of the general negligence statute of limitations from 4 to 2 years; and (3) Florida's continued mutuality requirement for collateral estoppel, which departs from the federal nonmutual rule. Do not import FRCP notice pleading — Florida requires ultimate facts.

III. FLORIDA EVIDENCE CODE

The Florida Evidence Code is codified at Chapter 90 of the Florida Statutes and closely tracks the Federal Rules of Evidence, but the numbering and several substantive rules differ. The exam loves the points where Florida diverges.

A. The Daubert/Frye Saga and Expert Testimony

FL Rule: Section 90.702 now embodies the Daubert standard for expert testimony. National (FRE 702): Daubert reliability gatekeeping since 1993. Florida: applied the older Frye "general acceptance" test for decades; the legislature amended § 90.702 in 2013 to adopt Daubert, but the change was procedurally contested. In May 2019, in In re Amendments to the Florida Evidence Code, 278 So. 3d 551, the Florida Supreme Court receded from its earlier hesitation and adopted Daubert as a rule of procedure. Florida is now a Daubert jurisdiction. Always apply Daubert reliability factors (testability, peer review, error rate, general acceptance) and note the 2019 transition if the facts predate it.

B. Section 90.403 Balancing

FL Rule: Section 90.403 excludes relevant evidence when its probative value is "substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence." This tracks FRE 403 closely but, notably, Florida's list omits "waste of time" and "undue delay" as separate enumerated grounds and emphasizes "unfair prejudice."

C. The Williams Rule — Similar Fact Evidence (§ 90.404)

FL Rule: Florida's character/other-acts rule is § 90.404, and Florida calls similar-fact-of-other-crimes evidence the "Williams Rule" (after Williams v. State, 110 So. 2d 654 (Fla. 1959)). Such evidence is admissible when relevant to prove a material fact in issue — motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake — but inadmissible if its sole relevance is to prove bad character or propensity. National (FRE 404(b)): the federal "other acts" rule. Florida: same core concept but tested under the Williams Rule label, with a statutory carve-out (§ 90.404(2)(b)) loosening admissibility in child-molestation cases. Note also that the State must give pretrial notice of Williams Rule evidence.

D. Hearsay Exceptions — Different Numbering

FL Rule: Florida's hearsay exceptions live in §§ 90.803 (availability immaterial) and 90.804 (declarant unavailable), tracking FRE 803/804 in substance but with Florida-specific numbering and a few wrinkles. For example, Florida codifies the spontaneous-statement (§ 90.803(1)) and excited-utterance (§ 90.803(2)) exceptions, business records (§ 90.803(6)), and the former-testimony and dying-declaration exceptions under § 90.804. One Florida quirk: Florida historically did not recognize a broad residual/"catch-all" hearsay exception of the FRE 807 type, so do not reach for a residual exception on a Florida essay.

E. Privileges

FL Rule: Florida codifies a broader set of privileges than the FRE (which leaves privileges to common law). Florida recognizes the lawyer-client privilege (§ 90.502), the psychotherapist-patient privilege (§ 90.503), the patient privilege for medical communications (§ 90.503's companion provisions), the accountant-client privilege (§ 90.5055), the journalist's privilege (§ 90.5015), the husband-wife (spousal communications) privilege (§ 90.504), the clergy privilege (§ 90.505), and the trade-secret privilege (§ 90.506). National (FRE): no enumerated privileges; federal courts apply common-law privileges and there is no general physician-patient or accountant-client privilege. Florida: statutory privileges including an accountant-client privilege and a journalist's privilege, which most jurisdictions and the FRE lack.

EXAMPLE: A plaintiff's accountant is subpoenaed to testify about the plaintiff's tax strategy in Florida state court. Under § 90.5055, the accountant-client privilege may shield those communications — an objection that would fail in federal court, which recognizes no accountant-client privilege.

F. Impeachment

FL Rule: Impeachment by prior conviction is governed by § 90.610. Florida limits impeachment to crimes that are felonies or crimes involving dishonesty or false statement, and the questioning is narrowly cabined: the impeaching party may ask whether the witness has been convicted of a crime and how many times, but generally may not delve into the underlying facts unless the witness denies or misstates. This is more restrictive than the federal FRE 609 balancing inquiry.

ESSAY WRITING TIP: Cite the Chapter 90 section number (e.g., "Under § 90.403..." or "Under the Williams Rule, § 90.404..."). When the issue is expert testimony, state that Florida is now a Daubert jurisdiction and apply the reliability factors; if the timeline predates 2019, mention the Frye-to-Daubert transition. Identifying the correct statutory privilege number signals command of the Florida Evidence Code.

FL BAR TIP: The high-yield Florida evidence distinctions are (1) Daubert by statute/rule (note the 2013 enactment and 2019 court adoption); (2) the Williams Rule label for § 90.404(b) similar-fact evidence and the child-molestation carve-out; (3) the extra statutory privileges (accountant § 90.5055 and journalist § 90.5015) that have no FRE analog; and (4) the absence of a broad residual hearsay exception. Memorize the privilege section numbers.

IV. FLORIDA FAMILY LAW

Florida family law is governed primarily by Chapter 61. The terminology and the 2023 alimony reform are heavily tested.

A. Equitable Distribution

FL Rule: Florida is an equitable distribution state (Fla. Stat. § 61.075), not a community-property state. The court begins with the premise that distribution should be equal, then adjusts based on statutory factors (contribution to the marriage, economic circumstances, duration, interruption of careers, contribution to the other spouse's career, intentional dissipation, etc.). Only marital assets and liabilities are distributed; nonmarital property (acquired before marriage, by gift/inheritance to one spouse, or excluded by valid agreement) is set aside to its owner. The cut-off date for classifying marital assets is the date of the valid separation agreement or, absent one, the date of filing the petition.

B. Alimony — The 2023 Reform

FL Rule: Effective July 1, 2023, Florida enacted a sweeping alimony reform (SB 1416, amending § 61.08) that eliminated permanent alimony. National/Florida (pre-2023): permanent periodic alimony was available, especially after long marriages. Florida (post-2023): permanent alimony is abolished. The remaining forms are: (1) temporary (pendente lite); (2) bridge-the-gap (to ease transition to single life, capped at 2 years, nonmodifiable); (3) rehabilitative (to redevelop skills/credentials, requires a specific plan, capped at 5 years); and (4) durational (for a set term). The reform also caps durational alimony's length (a percentage of the length of the marriage, generally not exceeding the marriage length) and limits the amount (the lesser of the recipient's need or a percentage of the difference in net incomes, generally up to 35%). Marriages are categorized as short-term (under 10 years), moderate-term (10 to under 20), and long-term (20+). The court must make findings on need and ability to pay, and the reform addresses retirement as a basis for modification.

C. Child Support Guidelines

FL Rule: Florida uses an income-shares guideline model (§ 61.30) with a statutory schedule. The combined net income of both parents is applied to the guideline schedule to determine the basic obligation, allocated in proportion to each parent's share of combined net income, with adjustments for health insurance, childcare, and the number of overnights (substantial time-sharing, generally 20% or more of overnights, triggers a gross-up calculation). Deviations greater than 5% from the guideline require written findings.

D. Time-Sharing and Parenting Plans (No "Custody")

FL Rule: Florida has abolished the terminology of "custody," "primary residence," and "visitation." National: many states still speak of legal/physical "custody" and "visitation." Florida: uses "parental responsibility," "time-sharing," and a "parenting plan." Under § 61.13, the court allocates parental responsibility (shared by default unless detrimental to the child) and establishes a time-sharing schedule, all governed by the child's best interests under a list of statutory factors (the moral fitness of the parents, mental/physical health, the home/school/community record, the demonstrated capacity to facilitate a relationship with the other parent, evidence of domestic violence, etc.). A 2023 amendment created a rebuttable presumption that equal (50/50) time-sharing is in the child's best interest.

E. Relocation (§ 61.13001)

FL Rule: A parent who wishes to relocate 50 miles or more from the current residence for at least 60 consecutive days must either obtain the other parent's written consent or file a petition to relocate. The statute sets out the required contents of the petition and notice, and the court weighs an enumerated set of relocation factors. Relocating without compliance can be grounds to compel return of the child and to modify time-sharing.

F. UCCJEA, UIFSA, and Prenuptial Agreements

FL Rule: Florida has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA, ch. 61, Part II) for interstate custody jurisdiction (home-state priority) and the Uniform Interstate Family Support Act (UIFSA, ch. 88) for interstate support, including continuing exclusive jurisdiction over support orders. Florida has also enacted the Uniform Premarital Agreement Act (§ 61.079); a prenuptial agreement is enforceable unless it was involuntary or the product of fraud/duress/overreaching, or unless it was unconscionable when executed and there was inadequate disclosure of assets.

ESSAY WRITING TIP: Use Florida's terminology precisely — write "time-sharing" and "parental responsibility," never "custody" or "visitation." For alimony, identify the four post-2023 types by name and note that permanent alimony no longer exists. State the governing statute (§ 61.08 alimony; § 61.13 time-sharing; § 61.075 equitable distribution) and march through the relevant statutory factors.

FL BAR TIP: The 2023 alimony reform (abolition of permanent alimony; bridge-the-gap, rehabilitative, durational only) and the new rebuttable presumption of equal time-sharing are the hottest current Family Law topics. Memorize the marriage-length brackets (short under 10, moderate 10–20, long 20+) and the durational caps. Distinguish marital from nonmarital property and remember equitable distribution starts from a presumption of equality.

V. FLORIDA WILLS, TRUSTS & PROBATE

Florida's probate law spans the Probate Code (Chapters 731–735), the Florida Trust Code (Chapter 736), and the homestead provisions of the Constitution. Homestead and the elective share are perennial essay favorites.

A. Will Execution Formalities (§ 732.502)

FL Rule: A valid Florida will must be (1) in writing, (2) signed by the testator (or by another at the testator's direction and in the testator's presence) at the end, and (3) signed by at least two attesting witnesses in the presence of the testator and in the presence of each other. National: some states recognize holographic (handwritten, unwitnessed) and nuncupative (oral) wills. Florida: does NOT recognize holographic or nuncupative wills — and § 732.502(2) provides that a holographic will is invalid in Florida even if it was validly executed under the law of the state where made. This is a classic trap: a will handwritten and valid in another state is still void in Florida if it lacks two witnesses. Florida does, however, recognize self-proof affidavits (§ 732.503) and, as of 2020, electronic wills under strict statutory conditions.

B. Revocation

FL Rule: A will may be revoked by a subsequent writing executed with will formalities (§ 732.505) or by physical act — burning, tearing, canceling, defacing, obliterating, or destroying with intent to revoke (§ 732.506). Florida applies dependent relative revocation and revival doctrines. Note: divorce automatically revokes provisions of a will (and certain beneficiary designations) in favor of a former spouse (§ 732.507), treating the ex-spouse as having predeceased.

C. The Elective Share (30%)

FL Rule: A surviving spouse may elect to take an elective share equal to 30% of the "elective estate" (§ 732.201 et seq.). National: many states use a sliding-scale "augmented estate" elective share (often 1/3 or up to 50% based on marriage length). Florida: a flat 30% of a broadly defined elective estate that reaches not just the probate estate but many nonprobate transfers — pay-on-death accounts, revocable trusts, jointly held property, certain transfers within the lookback, and the cash-surrender value of life insurance. The election must be made within the statutory window (generally the earlier of 6 months after service of the notice of administration or 2 years after death).

D. Homestead — Devise and Descent Restrictions and Creditor Protection

FL Rule: Article X, Section 4 of the Florida Constitution makes homestead one of Florida's most distinctive doctrines, with THREE separate dimensions:

(1) Creditor protection: The homestead is exempt from forced sale by most creditors (with exceptions for taxes, mortgages on the property, and mechanics' liens for improvements). The protected area is up to one-half acre within a municipality or 160 acres outside a municipality. Unlike many states, Florida's homestead creditor exemption is unlimited in dollar value — a multimillion-dollar home can be fully protected.

(2) Devise/descent restrictions: If the decedent is survived by a spouse or minor child, the homestead cannot be freely devised. If there is a minor child, the owner cannot devise the homestead at all; it passes by descent. If there is a surviving spouse and no minor child, the owner may devise it only to the spouse; otherwise the spouse takes a life estate (or may elect a one-half tenancy-in-common interest under § 732.401) with a remainder to the descendants. A devise that violates these restrictions is void as to the protected property.

(3) Tax (Save Our Homes): A homestead exemption reduces assessed value for ad valorem taxes, and the "Save Our Homes" cap limits annual assessment increases on homestead property to 3% or CPI, whichever is lower.

EXAMPLE: A widower with one minor child executes a will devising his Florida residence to his brother. The devise is void — homestead with a surviving minor child cannot be devised — and the property descends to the minor child notwithstanding the will. This homestead-descent override of the will is a quintessential Florida exam point.

E. Pretermitted Spouse and Child; Intestacy; Per Stirpes

FL Rule: A spouse married after the will's execution who is not provided for receives an intestate share unless the omission was intentional or the will was made in contemplation of the marriage or the spouse was provided for outside the will (§ 732.301). A pretermitted child born/adopted after execution and not provided for likewise takes a share (§ 732.302). Florida's intestacy scheme (§ 732.102–.103) gives the surviving spouse the entire intestate estate if all descendants are shared (and the spouse has no other descendants); otherwise the spouse takes one-half. Florida distributes by per stirpes (§ 732.104) — by representation at each generational level.

F. The Florida Trust Code; Family Allowance; Ademption and Abatement

FL Rule: Chapter 736 (the Florida Trust Code, based on the Uniform Trust Code) governs trusts. Note that a Florida trust that disposes of the settlor's property at death must be executed with the same formalities as a will if it is a testamentary disposition (§ 736.0403). The surviving spouse and lineal heirs are entitled to a family allowance of up to $18,000 (§ 732.403) and exempt personal property (§ 732.402), which take priority over creditors and devisees. Florida applies ademption (a specific devise fails if the property is not in the estate at death) and abatement (§ 733.805 sets the order: intestate property, then residuary, then general, then specific devises) to satisfy debts and expenses.

ESSAY WRITING TIP: Probate essays reward issue-spotting checklists. Always test will formalities (two witnesses, signed at the end), then revocation, then homestead, then elective share, then pretermitted heirs. For homestead, explicitly separate the three dimensions — creditor exemption, devise/descent restriction, and tax cap — because a single fact pattern often implicates two of them.

FL BAR TIP: Homestead and the 30% elective share are the two most-tested Florida probate distinctions. Memorize that Florida rejects holographic and nuncupative wills even if valid where made; that the elective estate sweeps in nonprobate assets; and that a homestead cannot be devised when there is a surviving spouse or minor child. The family allowance ($18,000) and per-stirpes distribution round out the high-yield list.

VI. FLORIDA REAL PROPERTY

Florida real property law overlaps heavily with the homestead doctrine above but adds distinctive rules on recording, marketable title, foreclosure, landlord-tenant, and adverse possession.

A. Homestead (Cross-Reference)

FL Rule: The constitutional homestead (Art. X, § 4) is discussed in detail in Section V. For Real Property purposes, remember the unlimited-value creditor exemption (subject to the one-half-acre municipal / 160-acre rural area limits) and that homestead status attaches to the natural person's residence, not to property held by most entities.

B. The Recording Act (§ 695.01) — A Notice Statute

FL Rule: Florida's recording statute, § 695.01, is a pure notice statute. National: jurisdictions vary among race, notice, and race-notice statutes. Florida: a subsequent bona fide purchaser for value who takes without notice (actual, constructive, or inquiry) of a prior unrecorded interest prevails over that prior interest — even if the BFP records second. The subsequent purchaser need not record first to win; she need only be a good-faith purchaser for value without notice. Recording, however, is what gives constructive notice to later takers.

EXAMPLE: O conveys Blackacre to A, who does not record. O then conveys the same parcel to B, who pays value and has no notice of A's deed. Under § 695.01's notice rule, B prevails over A regardless of whether B records before A — because B was a BFP without notice at the time of conveyance.

C. Marketable Record Title Act (MRTA)

FL Rule: Florida's Marketable Record Title Act (Chapter 712) extinguishes most claims and interests older than the "root of title" — generally a recorded interest at least 30 years old — unless the claim is preserved by a proper notice or falls within a statutory exception (e.g., easements, certain governmental and utility interests, and rights of persons in possession). MRTA simplifies title by cutting off stale claims, an important Florida-specific marketability concept.

D. Deeds, Mortgages, and Foreclosure

FL Rule: Florida is a lien-theory and judicial-foreclosure state. National: title-theory states allow nonjudicial foreclosure via power of sale. Florida: mortgages are liens, and foreclosure must proceed through a judicial action. The mortgagor retains an equity of redemption up until the foreclosure sale (and Florida recognizes a statutory right to redeem under § 45.0315 before the certificate of sale is filed). Deficiency judgments are available but discretionary. Florida deeds require a signature, two subscribing witnesses for conveyances of real property (§ 689.01), and proper acknowledgment for recording.

E. Landlord-Tenant (Chapter 83)

FL Rule: Residential tenancies are governed by Part II of Chapter 83 (the Florida Residential Landlord and Tenant Act). The landlord must give statutory notice before eviction — a 3-day notice (excluding weekends/legal holidays) to pay rent or vacate for nonpayment, and a 7-day notice to cure or to terminate for other breaches. Self-help eviction is prohibited; the landlord must proceed through summary-procedure eviction in court. Security-deposit handling is strictly regulated (§ 83.49) with notice deadlines (the landlord must give written notice of a claim on the deposit within 30 days or forfeit the right to retain it).

F. Adverse Possession (§ 95.18)

FL Rule: Florida's adverse-possession period is 7 years, and the claimant must satisfy demanding statutory conditions. National: typical adverse-possession periods range from 10 to 20 years and often turn solely on possession. Florida: 7 years, but the possessor must EITHER hold under "color of title" (a written instrument) OR, when claiming without color of title, must have made a return of the property for taxes and PAID all outstanding taxes and liens within one year of taking possession and continued to pay them throughout the 7 years (§ 95.18). The tax-payment requirement is a distinctive and frequently tested Florida hurdle that makes adverse possession without color of title very difficult to establish.

ESSAY WRITING TIP: For a recording-priority problem, state that Florida is a notice jurisdiction and resolve the contest by asking whether the later taker was a bona fide purchaser for value without notice at the time of the conveyance — do not require the BFP to record first. For adverse possession, always test the 7-year period AND the color-of-title-or-pay-the-taxes alternative.

FL BAR TIP: Memorize four Florida real-property distinctions: (1) § 695.01 is a pure notice statute; (2) adverse possession is 7 years with the § 95.18 tax-payment requirement absent color of title; (3) Florida foreclosure is judicial (lien theory) with an equity of redemption; and (4) MRTA's 30-year root of title. Deeds of Florida realty require two subscribing witnesses (§ 689.01).

VII. FLORIDA TORTS

The 2023 tort reform (HB 837) rewrote core Florida tort doctrine. These changes are the most heavily tested current-events topics on the Florida exam.

A. Comparative Negligence — The 2023 Move to Modified (51% Bar)

FL Rule: Effective March 24, 2023, HB 837 amended Fla. Stat. § 768.81 to switch Florida from pure comparative negligence to modified comparative negligence with a 51% bar. National/Florida (pre-2023): pure comparative negligence — a plaintiff could recover even if 99% at fault, reduced by his own percentage. Florida (post-2023): a plaintiff who is found MORE than 50% at fault is barred from recovering ANY damages; at 50% or less, recovery is reduced proportionally. This is one of the single most important Florida tort changes to flag, and the accrual/filing date controls which regime applies. (Note: medical-malpractice actions remain under pure comparative negligence as a carve-out.)

B. Joint and Several Liability — Abolished (Pure Several)

FL Rule: Florida abolished joint and several liability. National: many states retain joint and several liability for economic damages. Florida: § 768.81 makes liability purely SEVERAL — each defendant pays only its own percentage of fault as found by the jury; there is no joint liability for the shares of other tortfeasors. The jury apportions fault among all responsible parties, including nonparties (so-called "Fabre" defendants named on the verdict form), and each defendant's judgment is limited to its allocated share.

C. Dram Shop (§ 768.125) — Narrow

FL Rule: Florida's dram-shop statute, § 768.125, is deliberately narrow. National: many states impose broad liability on vendors who serve visibly intoxicated patrons. Florida: a vendor is generally NOT liable for injuries caused by an intoxicated adult patron, EXCEPT when the vendor (1) willfully and unlawfully serves alcohol to a person under the lawful drinking age, or (2) knowingly serves a person "habitually addicted" to alcohol. Outside those two exceptions, the intoxicated patron's voluntary consumption — not the sale — is treated as the proximate cause.

D. Wrongful Death Act (§§ 768.16–768.26)

FL Rule: Florida's Wrongful Death Act is a comprehensive statutory scheme. The action is brought by the personal representative of the decedent's estate for the benefit of statutorily defined survivors (spouse, children, parents, and certain dependent blood relatives). Recoverable damages include each survivor's loss of support and services, loss of companionship and protection, mental pain and suffering (for spouse, children in some cases, and parents of a minor child), and the estate's lost net accumulations and medical/funeral expenses. The "Free Killing" gap — historically barring adult children of unmarried decedents in medical-malpractice cases from recovering pain-and-suffering — has been a tested nuance; confirm current statutory treatment.

E. Sovereign Immunity and Caps (§ 768.28)

FL Rule: Florida partially waives sovereign immunity under § 768.28 for the torts of state agencies and subdivisions, but with damage caps. Florida: recovery against the state and its subdivisions is capped at $500,000 per person and $1,000,000 per incident (raised by 2025 Fla. HB 301 for claims accruing on or after Oct. 1, 2025; formerly $200,000/$300,000) (a 2025 amendment increased these figures and indexes them going forward — confirm the operative caps for the testing cycle). Any judgment above the cap is payable only by a legislative "claims bill." Pre-suit written notice to the agency and the Department of Financial Services is a jurisdictional prerequisite, and there is a statutory limitations period for the claim.

F. Punitive Damages (§ 768.72) and Medical Malpractice Presuit

FL Rule: Punitive damages may not be pleaded in the initial complaint; § 768.72 requires the plaintiff to make a proffer and obtain the court's leave, demonstrating a reasonable evidentiary basis showing intentional misconduct or gross negligence. National: many states allow punitive claims to be pleaded at the outset. Florida: a procedural gatekeeping step (the § 768.72 proffer) is required before a punitive claim may be asserted. Punitive awards are generally capped at the greater of three times compensatory damages or $500,000 (with higher caps for specific-intent or financially motivated misconduct). Separately, medical-malpractice claims require a rigorous presuit investigation and notice period (Chapter 766): a corroborating expert affidavit, a 90-day presuit notice, and a presuit screening process before filing.

ESSAY WRITING TIP: On every Florida torts essay, ask whether the cause of action accrued before or after March 24, 2023, because that date governs whether pure or modified comparative negligence applies and whether other HB 837 changes are in effect. State the apportionment of fault among all tortfeasors (including Fabre nonparties) and note that liability is several only.

FL BAR TIP: The 2023 reforms are the highest-yield current topics: (1) modified comparative negligence with a 51% bar (was pure); (2) joint and several liability abolished — pure several apportionment; and (3) the punitive-damages proffer under § 768.72. Add the narrow § 768.125 dram-shop exceptions, the § 768.28 sovereign-immunity caps with the claims-bill mechanism, and the Chapter 766 med-mal presuit requirements. Always check the accrual date.

VIII. FLORIDA CONTRACTS, UCC, BUSINESS ENTITIES & PROFESSIONAL RESPONSIBILITY

A. Statute of Frauds (§ 725.01)

FL Rule: Florida's general Statute of Frauds, § 725.01, requires a signed writing for, among others, agreements not to be performed within one year, promises to answer for the debt of another (suretyship), agreements made in consideration of marriage, and contracts for the sale of land. Note a Florida quirk: contracts for the sale of goods of $500 or more are covered by the UCC's Statute of Frauds (§ 672.201), not § 725.01. Florida also has specific writing requirements for certain real-estate broker agreements and for agreements to pay debts barred by limitations.

B. The UCC in Florida

FL Rule: Florida has enacted the Uniform Commercial Code in Chapters 670–680 (Article 2 sales at Chapter 672). The substantive UCC sale-of-goods rules tested on the MBE apply in Florida, so the chief Florida-specific point is the renumbering (e.g., § 672.201 for the UCC Statute of Frauds, § 672.207 for the battle of the forms). Florida has NOT adopted the revised Article 2; classic Article 2 applies.

C. Business Entities

FL Rule: Florida business entities are creatures of statute: the Florida Revised LLC Act (Chapter 605) governs limited liability companies; the Florida Business Corporation Act (Chapter 607) governs corporations; and partnerships are governed by Chapter 620 (the Revised Uniform Partnership Act and the Revised Uniform Limited Partnership Act). Key Florida points: Chapter 605 default rules on management (member-managed unless the operating agreement provides otherwise) and the nonwaivable provisions; Chapter 607's director fiduciary duties and the business-judgment rule; and the charging order as the exclusive remedy of a member's/partner's judgment creditor.

D. Florida Professional Responsibility

FL Rule: Florida lawyers are governed by the Rules Regulating The Florida Bar, not the ABA Model Rules directly (though the Rules are modeled on them). National: the ABA Model Rules (as tested on the MPRE). Florida: the Rules Regulating The Florida Bar, with several stricter or distinctive provisions. High-yield Florida differences: (1) Trust accounting — strict IOTA (Interest on Trust Accounts) requirements, mandatory record-keeping, and the rule against commingling (Rule 5-1.1); (2) Advertising — Florida historically has among the strictest lawyer-advertising rules in the nation (Rules 4-7.11 through 4-7.22), regulating content, requiring that communications be objectively verifiable, restricting testimonials and certain comparative claims, and imposing filing/review requirements for many ads; and (3) confidentiality and conflicts rules that closely track but sometimes exceed the Model Rules. Florida also imposes its own continuing-legal-education and pro bono reporting requirements.

ESSAY WRITING TIP: When a contracts question involves goods, pivot to the UCC and cite the Florida renumbering (e.g., § 672.201). For business-entity questions, name the governing chapter (605 LLC, 607 corporations, 620 partnerships) and identify the default rule and whether the operating/partnership agreement altered it. For ethics, cite "the Rules Regulating The Florida Bar" rather than the Model Rules.

FL BAR TIP: The distinctive ethics points are Florida's strict advertising regime and its trust-accounting/IOTA rules — both are common essay and Florida-MC fodder. On entities, remember the charging order as the exclusive creditor remedy and Chapter 605's member-managed default. On the Statute of Frauds, recall that goods $500+ fall under § 672.201, not § 725.01.

IX. FLORIDA CRIMINAL LAW & PROCEDURE

Substantive Florida criminal law and the Florida Rules of Criminal Procedure are tested as Florida subjects; federal constitutional criminal procedure (search and seizure, Miranda, right to counsel) is tested on the MBE.

A. Homicide Degrees and Felony Murder

FL Rule: Florida grades homicide by statute. First-degree murder (§ 782.04) includes premeditated killing AND felony murder (a killing during the commission of an enumerated felony such as robbery, burglary, kidnapping, arson, sexual battery, or trafficking). Second-degree murder is a killing evincing a "depraved mind" without premeditation. Third-degree murder is a killing during a non-enumerated felony. Manslaughter (§ 782.07) is a killing by culpable negligence or act without lawful justification not amounting to murder. National (common law / MBE): malice-aforethought framework with murder and the felony-murder rule. Florida: statutory degrees with a broad enumerated felony-murder list and a distinct third-degree (non-enumerated felony) murder.

B. "10-20-Life"

FL Rule: Florida's "10-20-Life" statute (§ 775.087) imposes mandatory minimum sentences for crimes involving firearms: a minimum 10 years for possessing/displaying a firearm during an enumerated felony, 20 years for discharging it, and 25 years to life if the discharge causes great bodily harm or death. These are mandatory, non-suspendable minimums — a distinctive Florida sentencing enhancement.

C. Stand Your Ground (§§ 776.012–776.013) — No Duty to Retreat

FL Rule: Florida's "Stand Your Ground" law (§ 776.012) provides that a person who is not engaged in criminal activity and is in a place where he has a right to be has no duty to retreat and may meet force with force, including deadly force, if he reasonably believes it necessary to prevent imminent death or great bodily harm or the commission of a forcible felony. National (common law / minority of states): a duty to retreat before using deadly force outside the home. Florida: NO duty to retreat anywhere the defendant lawfully is. Section 776.013 adds a "castle doctrine" presumption: a person is presumed to have a reasonable fear of imminent death or great bodily harm when an intruder unlawfully and forcibly enters a dwelling, residence, or occupied vehicle. Critically, § 776.032 grants immunity from prosecution (not merely an affirmative defense), and Florida law places the burden on the State, at a pretrial immunity hearing, to overcome the immunity claim by clear and convincing evidence — a major Florida distinction.

EXAMPLE: D, lawfully standing in a public parking lot and not engaged in any crime, is attacked by an assailant wielding a knife. Under § 776.012, D has no duty to flee and may use proportionate (even deadly) force if he reasonably fears imminent great bodily harm. At a pretrial hearing under § 776.032, the State bears the burden to defeat D's immunity by clear and convincing evidence.

D. The Florida Speedy Trial Rule

FL Rule: Independent of the federal constitutional speedy-trial right, Florida Rule of Criminal Procedure 3.191 provides a procedural speedy-trial guarantee: the State must bring a defendant to trial within 90 days for a misdemeanor and 175 days for a felony from the date of arrest, absent waiver or exclusions. National: the federal Speedy Trial Act applies in federal court; state constitutional speedy-trial rights use the Barker v. Wingo balancing test. Florida: a bright-line rule (90/175 days) plus a "recapture" window — if the time expires, the defendant files a notice of expiration, and the State has a 15-day recapture period (a 5-day hearing plus 10 days to try) before discharge.

E. Other Florida Criminal Procedure Points

FL Rule: Florida uses an information filed by the State Attorney for most felonies (the grand jury indictment is required only for capital crimes). Florida juries are six members in non-capital cases and twelve in capital cases. Florida abolished common-law crimes that conflict with the statutory scheme, and offenses are sentenced under the Criminal Punishment Code scoresheet. Remember that federal search-and-seizure and confession doctrine (Fourth/Fifth/Sixth Amendments) is tested on the MBE, but Florida's Constitution contains a "conformity clause" (Art. I, § 12) requiring Florida's search-and-seizure protections to be construed in conformity with the Fourth Amendment as interpreted by the U.S. Supreme Court.

ESSAY WRITING TIP: For a self-defense issue, state the Florida no-duty-to-retreat rule, apply the castle-doctrine presumption if a dwelling/vehicle is involved, and flag the § 776.032 immunity hearing with the State's clear-and-convincing burden. For homicide, classify the killing into the correct statutory degree and check for an enumerated felony triggering first-degree felony murder.

FL BAR TIP: Stand Your Ground (no duty to retreat; castle-doctrine presumption; pretrial immunity with the State's clear-and-convincing burden) and the 175-day felony speedy-trial rule with its recapture window are the marquee Florida criminal distinctions. Remember 10-20-Life firearm minimums, the use of an information for non-capital felonies, and six-person juries. Federal con-crim-pro stays on the MBE.

X. FLORIDA — ADDITIONAL TESTED SUBJECTS

Florida Rules of Judicial Administration. These govern court administration across all proceedings: mandatory e-filing via the Florida Courts E-Filing Portal (Rule 2.525); time computation (Rule 2.514, mirroring the federal model, counting all days with rollover off weekends/holidays and adding 5 days for service by mail/portal); and signing/candor duties (Rule 2.515). National: the FRCP absorb timing/filing mechanics; Florida: a freestanding Chapter 2 set governs e-filing and time computation.

Dependency (Chapter 39) & Termination of Parental Rights. Chapter 39 governs abused, abandoned, or neglected children; a shelter hearing is held within 24 hours of removal, and termination requires statutory grounds (§ 39.806) proved by clear and convincing evidence as the least restrictive means.

Juvenile Delinquency (Chapter 985). Proceedings are adjudicatory with no jury right but proof beyond a reasonable doubt; the State Attorney may direct-file certain older juveniles into adult court (§ 985.557).

UCC Article 3 (Negotiable Instruments, Ch. 673) & Article 9 (Secured Transactions, Ch. 679). Standard MBE doctrine applies, renumbered into Florida chapters: holder-in-due-course rules (§§ 673.3021–.3051); attachment, perfection by filing with the Florida Secured Transaction Registry, and PMSI priority (§ 679.324).

Administration of Estates (Ch. 733–735). Florida offers formal administration (Ch. 733) and summary administration (§ 735.201; estate under $75,000 or decedent dead over 2 years). The personal representative must generally be a Florida resident or close relative (§ 733.304); creditor claims run on the § 733.702 period with a 2-year ultimate bar (§ 733.710).

XI. FLORIDA DISTINCTIONS CHECKLIST

1. Constitutional privacy: Florida's express privacy right (Art. I, § 23) is broader than the federal implied right and triggers strict scrutiny (compelling interest + least intrusive means).
2. Home rule: Florida municipalities have broad home-rule power (not Dillon's Rule); watch for state preemption/conflict.
3. Long-arm jurisdiction: Apply the two-step Venetian Salami analysis — enumerated § 48.193 long-arm first, then minimum contacts/due process.
4. Fact pleading: Florida requires ultimate facts, not federal notice pleading.
5. Summary judgment: Florida adopted the federal Celotex standard effective May 2021 (amended Rule 1.510).
6. Statute of limitations: 2023 reform shortened general negligence from 4 years to 2 years (§ 95.11); contracts 5 (written) / 4 (oral).
7. Collateral estoppel: Florida still requires mutuality of parties (no broad nonmutual issue preclusion).
8. Nonfinal appeals/certiorari: Florida lists appealable nonfinal orders (Rule 9.130) plus common-law certiorari as a safety valve.
9. Evidence — Daubert: Florida is now a Daubert jurisdiction (2013 statute; 2019 Supreme Court adoption).
10. Williams Rule: § 90.404 similar-fact evidence is admissible for non-propensity purposes (with a child-molestation carve-out).
11. Statutory privileges: Florida recognizes accountant-client (§ 90.5055) and journalist (§ 90.5015) privileges the FRE lacks; no broad residual hearsay exception.
12. Alimony reform (2023): permanent alimony abolished; only bridge-the-gap, rehabilitative, and durational remain (§ 61.08).
13. Time-sharing: no "custody"/"visitation" — use parental responsibility, time-sharing, and parenting plans; 2023 rebuttable presumption of equal time-sharing.
14. Wills: two witnesses required; NO holographic or nuncupative wills, even if valid where made (§ 732.502).
15. Elective share: flat 30% of a broadly defined elective estate (reaches nonprobate assets).
16. Homestead: unlimited-value creditor exemption (½-acre municipal / 160-acre rural), devise/descent restrictions when a spouse or minor child survives, and the Save Our Homes tax cap (Art. X, § 4).
17. Recording act: § 695.01 is a pure notice statute — a BFP without notice wins even without recording first.
18. Adverse possession: 7 years with color of title OR payment of all taxes under § 95.18; MRTA cuts off claims older than the 30-year root of title.
19. Foreclosure: Florida is lien-theory and judicial-foreclosure with an equity of redemption.
20. Comparative negligence (2023): moved from pure to modified — a plaintiff over 50% at fault recovers nothing (§ 768.81).
21. Joint and several liability: abolished — pure several apportionment among all tortfeasors, including Fabre nonparties.
22. Dram shop (§ 768.125): narrow — liability only for serving an underage or habitually addicted person.
23. Sovereign immunity: § 768.28 caps (historically $200k/$300k, recently increased) with a legislative claims-bill mechanism and presuit notice.
24. Punitive damages: § 768.72 proffer required before pleading; statutory caps apply.
25. UCC/Statute of Frauds: goods $500+ under § 672.201; general SOF under § 725.01; entities under Chapters 605/607/620.
26. Professional responsibility: Rules Regulating The Florida Bar govern — strict advertising rules and IOTA trust accounting.
27. Stand Your Ground: no duty to retreat (§ 776.012); castle-doctrine presumption (§ 776.013); pretrial immunity with the State's clear-and-convincing burden (§ 776.032).
28. Homicide and sentencing: statutory degrees with broad first-degree felony murder; 10-20-Life firearm minimums (§ 775.087).
29. Speedy trial: Rule 3.191 — 90 days (misdemeanor) / 175 days (felony) with a 15-day recapture window.
30. Always check dates: the 2019 Daubert, 2021 summary-judgment, and 2023 tort and alimony reforms turn on accrual/effective dates — identify the operative regime.