Naming a Guardian for Your Children in the Event of Your Death

Every parent fervently hopes to see their children reach adulthood, but, sadly, sometimes parents die before their children are grown. For peace of mind, parents can name a guardian for their children ahead of time. Most parents elect to do this in their Last Will & Testament; or as an alternative, parents can designate a guardian by using a form called: “DECLARATION NOMINATING PRENEED GUARDIAN OF PERSON AND PROPERTYOF MINOR CHILD(REN) “

According to Florida Statute 744.3046 Preneed guardian for minor. (7)

Within 20 days after assumption of duties as guardian, a preneed guardian shall petition for confirmation of appointment. If the court finds the preneed guardian to be qualified to serve as guardian, appointment of the guardian must be confirmed.

There are two types of guardianship to be determined for this type of estate planning: Guardian of the Person; and Guardian of the Property. As a practical matter many parents choose to designate both powers together. The powers and authority given to a guardian are exactly what they sound like. Guardian of the Person means that the designated guardian takes care of day to day needs of the child(ren). Guardian of the Property means that the designated guardian handles all finances and financial decisions by and for the the child. Parents often bequeath money to their heirs, and if the heir is a minor child, will leave the money in a trust to be overseen by the guardian of the property.

When choosing a guardian for your children there are several factors to consider:

1. The age of the designated guardian. Although it may be tempting to designate your mother as guardian, your mother may not be able to realistically take care of your children, depending on her age.

2. Likewise, a sibling could be a logical choice for guardian. But, if that sibling lives far away, or even in a different town, that likely means your children will have to change schools.

3. Religious preferences and practices may also need to be considered. If you are very religious and your guardian is not, then the children's religious upbringing will likely be very different from what you would want.

4. Also consider any other factor that you consider important to your child's well being and development.

It is considered good practice to designate an alternate guardian, just in case the person you designated is unable or unwilling to take on the responsibility. Using the declaration form rather than designating the guardian in your will may be the better plan, because the declaration accounts for the event of your incapacity while a last will and testament only takes into account your death.

See – Florida Statute 744.3046 Preneed guardian for minor.

 

Equitable Distribution of Property means "fair" not necessarily "equal".

 

Finding reliable information online is a challenge. We hope this article helps. 

Florida legal document preparers may not advise consumers about their legal rights or obligations. However, we can provide information to help people make informed decisions. When a couple has decided there is no way to save the marriage, and divorce is on the horizon, many couples try to work things out between themselves.

Coming to an agreement about how to divide assets and debt can save couples thousands of dollars in attorney fees. Couples can reach agreements about dividing property either on their own or with the help of a mediator. Courts generally uphold such agreements as long as they are in writing and each spouse has had an opportunity to consult with an independent attorney. If a couple can't reach an agreement, a judge will decide.

It is helpful to know the basics of what each person may be entitled to or obligated to pay for. In general, marital assets and debt are equitably divided between the spouses. Marital property in Florida is anything acquired during the marriage with money earned while married. It does not matter whose name the asset is titled in. There are many unique rules that govern gifts, inheritances, retirement accounts, and family businesses.

Types of property that may need to be divided during a divorce include things like vehicles, household furnishing, electronics, real property, funds in bank accounts, investment accounts, and stocks. Some types of retirement accounts require divorcing couples to submit a qualified domestic relations order (QDRO) to the court. A qualified domestic relations order applies to all retirement funds and accounts that fall under the rules of ERISA. Qualified retirement plans, 401(k)s, and 403(b)s all require a QDRO in a Florida divorce if the account is to be split or transferred between spouses.

Florida is an equitable distribution state.

Under an equitable distribution approach, your marital property will be divided equitably or fairly, but not necessarily equally. Often, equitable division doesn't result in a 50/50 split.

Florida judges consider several factors when dividing property, including:

• each spouse's income and earning potential

• the length of the couple's marriage

• the number of minor children at home

• whether one spouse made career sacrifices for the other spouse's education or job

• each spouse's debts and assets

• each spouse's overall physical and mental health, and

• any other relevant factor.

After considering the above factors, a judge will make a property determination that meets the needs of both spouses and serves the best interests of the couple's children, if any.

How Is Property Divided?

As stated above, assets are usually divided equally; however, the judge can make an unequal division after considering all of the relevant circumstances, including the following:

• the length of the marriage

• each spouse's overall economic circumstances

• the desirability of allowing the couple's minor children, or either spouse, to continue living in the marital home

• each spouse's contributions, including improvement of marital or nonmarital assets and contributions to the marriage either as an income-earner or as a parent or homemaker

• whether either spouse interrupted a career or education during the marriage or contributed to the other spouse's career or education

• each spouse's debts and liabilities, and

• whether either spouse intentionally wasted or destroyed marital assets either after the divorce petition or within the two years preceding it.

Another factor courts consider is the difficulty of dividing certain assets. For example, in most cases a judge would try to award a business started by one spouse during the marriage entirely to that spouse and award other property or money to the other spouse to make up for the marital interest in the business.

A court won't divide up a home and award each spouse part of it, but might order the couple to sell the marital home and divide the proceeds. If a marital home is the couple's only major asset, a judge might also order the couple to wait until some future date to sell the home and divide the proceeds, and award one spouse a temporary right to live in the home. This is a particularly common result when the couple has minor children still living in the home.

Advice v Information

 

Sometimes it's hard for people to fully understand the differences between legal advice and legal information. Information is fact. Advice is telling someone what they should or should not do. Seems obvious enough.

However some general advice becomes not advice at all because it so general. For example, common knowledge advice. You should wear your seat belt while driving. Don't drink and drive. You should pay your income taxes on time. You should financially support your children. All of those statements are advice, and there are laws related to all of those statements, so does that mean those statements are “legal advice”, which is something that only a lawyer can give?

No, the very general nature of the advice, even though the subject is technically a legal matter, transforms these advisories into general advice.

But, it gets murky. I'm not an attorney. What if I said to a first time homeowner, you should apply for homestead exemption? Is that general advice? It's obvious to me, and common knowledge to me having lived in Florida most of my life and bought and sold more than one home. But what if the first time homeowner is not only a first timer, but also has recently moved to Florida? Is it legal advice?

Maybe. It might be better to send that person down to the county building to find out all about homestead exemption on his own.

I always identify myself to prospective customers as a legal document preparer. And, I then, explain that a legal document preparer can prepare legal documents, provide legal information, and explain procedure, but may not provide legal advice or representation. Although, most consumers say they understand, it still may not prevent them from asking legal questions which I cannot answer.

Legal document preparers may not select forms for their customers. But, many times the customer knows exactly what he wants to accomplish legally, but does not know the name of the form or process. For example, frequently an unwed father will call and tell me that the mother of his child will not allow him to see the child. Most of the time, the father is already paying child support. He is at the mercy of the mother's whims, and poor dad doesn't know why. So I tell him the name of the form.

The central form is called a Petition to Determine Paternity and Related Relief. And, I explain it in this way, “this is like a divorce but for parents who were never married and have a child together.” And I go on to explain that the purpose of the process is for him to receive a signed order from the court naming him as the legal father so that he will have just as much right to see the child as the mother. And this is exactly what happens, unless the mother proves that there was ongoing criminal activity in the household; child abuse or neglect; domestic violence in the parents' relationship; or some other reason that this father should not have paternal rights.

I am not an attorney, I am a Florida legal document preparer. I do not provide legal advice or representation.

Document Preparation Training Courses

 

People sometimes wonder about the legitimacy of the legal Document Preparation industry. Because document preparers are not licensed by the State of Florida in any way and there are no specific criteria to be a legal document preparer some people think that anyone can just decide to become a legal document preparer. Technically that's true, but there's a lot more to it then just proclaiming yourself to be a legal document preparer. 

The Florida Association of Legal Document Preparers - FALDP, has member document preparers who have years of experience working for attorneys and cumulatively have a wealth of background, experience, and knowledge they use to help consumers.  

Sometimes when a prospective member contacts us, one of their questions is whether the market is saturated with document preparers. They want to know whether it is a good idea for them to pursue a business as a legal document preparer, and whether the field is too crowded. My answer is always no, there is a lot of room for growth in our industry -- there are many many consumers who are under served. 

 

 

 No one seems to keep detailed statistics about pro se litigants - who is pro se; the number of consumers who proceed pro se; their reasons; and their success rates. We have maintained a survey for pro se litigants on our website. And we've compiled some responses to the survey, that might shed some light on just these questions. For example in our survey we found that most of the responders were females aged 50 to 65 who found the survey online. The survey is on our website – www,faldp.org - and we have done little or nothing to promote the survey until recently. We found that of those responders 45% were college-educated with English as their native language. Almost 43% were involved in or dealing with a civil case and of those 60% were defendants. In other words, they were involved in a court case, not by choice, but to defend themselves.  

25% researched online before deciding to proceed pro se; and 16% consulted with an attorney before deciding to proceed pro se. Most striking, however, was that 35% of the survey responders stated that they were proceeding pro se because they could not afford an attorney. This underlines the pervasive Justice Gap, the difference between those who can and those who cannot afford an attorney. And the implication that for those who cannot afford an attorney, no justice is possible.  

We maintain our website in part to educate consumers about the types of issues that they may have encountered like family law, bankruptcy, and civil matters. We also maintain our website to support the legal Document Preparation Industry as a whole. 

In order to help our members in document preparers grow and expand their businesses, we offer online legal Document Preparation training courses. And, we have bundled are courses together into what we call our All Course Bundle which consists of 16 online legal Document Preparation training courses. Our courses are available to anyone, you don't need to be a member of our association or even a document preparer to take our courses. 

 The price for the 16 course bundle, the All Course Bundle $2399... This offer represents substantial savings compared to taking all of our courses one by one. Call – 800-515-0496; Email staff@faldp.org; Visit – www.FALDP.org

Guess what, Mom! I'm OFF probation.

Probationers come in all ages, shapes, and sizes. But the one thing they all have in common is that they want to be off of probation as soon as possible.

Probation in Florida: Learn the Rules of Probation


Probation in Florida is a punishment that may allow an offender to avoid jail time or to serve less time. The punishment aspect of this penalty is the adherence to certain terms.
It’s also a way to monitor the actions of someone on probation. So if a probationer breaks the law or violates one of the terms, it could result in being re-sentenced and spending time behind bars.


Those who generally qualify for probation are people convicted of a nonviolent or minor crime, along with those who don’t have a criminal history. Or if someone has already served time, the remainder of the sentence could be served through probation.

Types of Probation


There are two main types, misdemeanor and felony probation. Although the terms vary for each person, they will be different especially when it’s a misdemeanor versus felony. One of the biggest differences is that felony probation is generally longer, lasting about three to five years, compared to misdemeanor probation generally lasting one to three years.


Probationers often request early termination of probation after serving about half of the probationary sentence. Upon the judge's discretion, It may be granted providing the terms were met and there were no violations.

House arrest, which is also called community control, usually requires the probationer to be electronically monitored.. If drugs or alcohol were involved in the crime, rehabilitation or counseling might be required.

Terms of Probation

The terms of probation vary from one case to another. Some are fairly common, such as obeying the law; showing up at scheduled meetings with the probation officer; abiding by court orders (such as the payment of fines); and completing conditions such as community service or court ordered classes.

Other terms are specific to the individual. They may address issues such as abstaining from drugs or alcohol, submitting to drug or alcohol tests, avoiding certain locations or persons, and restricted travel. 

Penalties for Violation of Probation


Violating probation is serious, especially with a felony charge. With felony probation, any original sentencing of prison time could be enforced. However, even violating misdemeanor probation could result in a few months in jail. Other penalties for probation violations include an extension of the probation period; payment of additional fines and court costs; and new terms being added.

If you need help preparing documents for Early Termination of Probation, contact us at the Florida Association of Legal Document Preparers - 800-515-0496

Thinking of a “No Court Divorce in Florida”? – Think Again.

I've seen some nonlawyer document preparers marketing their services for a No Court Divorce. A No Court Divorce is possible when the divorcing parties agree on every facet of their divorce, including division of assets and debt; child support; and child custody. While a divorce in Florida is possible and even legal without either party ever appearing in court, it may not be the best idea. And here's why:

Most importantly, the lack of legal assistance and judicial oversight could lead to disastrous results. By definition, nonlawyer legal document preparers may not advise consumers [pro se litigants] about their specific legal rights or remedies; advise about legal strategies; or represent anyone in court. Pro se litigants may not be aware of rights they are giving away, and without a court hearing, their lack of knowledge could be reflected in the Final Order of Dissolution. Many of the nonlawyers preparing the forms for No Court Divorces, do not rely on mediators to ensure that the parties are in agreement. Rather the document preparer may act as the de facto mediator and is unlikely to be certified as a Florida Family Court Mediator.

One of the parties may be going along to get along, and believe that they have no choice.

The usual Florida divorce process is that one party, the Petitioner, prepares the required documents with the help of a document preparer, an attorney, or without help, and then serves the other party, who is called the Respondent. The Respondent has an opportunity to file an Answer and can agree or disagree with the documents prepared by the Petitioner. The No Court Divorce process requires that the parties are in full agreement on all issues.

I have prepared Florida divorce documents for pro se litigants for over twenty years. Very few of these divorces were completely without disputes. After all, if a couple were in complete agreement about everything, then they probably wouldn't need a divorce to begin with. When there are disputes, the court will refer the parties to a mediator to help them find a resolution.

Examine why its important to you to not appear in court.

Are you in the military and stationed overseas?

Even if you are the Petitioner in the divorce, you can request to appear telephonically. You make this request through a motion to the court.

Do you simply want to avoid the inconvenience?

If your reason for not wanting to appear in court is mostly due to convenience, you may need to consider your priorities. A divorce is a life changing event, not taking the time to attend the court hearing, and taking the chance that something goes wrong which could have been avoided is a chance that you should carefully consider.

Are there other legal issues that may come out? Outstanding warrants? A deportation order?

My first suggestion is that perhaps those issues need to be addressed prior to filing for divorce at all. But, if the divorce wasn't your idea, then you may not have that choice. However, only the Petitioner is generally required to appear in court anyway. The Respondent can waive his/ her appearance.

If your other issues are ongoing and cannot be easily resolved, you still have some choices. As the Respondent, you can waive your appearance or request to be heard telephonically. As the Petitioner, you can request to be heard telephonically, but that may or may not be allowed depending on your specific reason and the judge's discretion. Florida attorneys are specifically allowed under Florida Bar rules to offer limited services for family law. This is often called “unbundled services”, and can mean anything from a review of documents to an appearance at a court hearing.

I believe that some document preparers who aggressively market the No Court Divorce process prey on the fear of undocumented immigrants who are already afraid to appear in court. Florida family courts do not have jurisdiction over immigration matters. However, a deportation order or deportation of a parent would have an effect on the best interest of a child. So a divorce with children where one or both of the parents are undocumented, should be handled with extreme care and caution. A document preparer may not have the knowledge and expertise to know how to proceed. And, even if that document preparer has both knowledge and expertise is prohibited from offering legal advice. Parents in this situation need legal advice, not simply a way to avoid a court appearance.

An unintended consequence of a No Court Divorce can be that the divorce documents are filed in a distant Florida county. Not all Florida counties allow No Court Divorces, and it isn't necessary to reside in a certain county to file for divorce in that county. However, if there are subsequent proceedings, perhaps enforcement of child support or a modification of time-sharing, the parties would need to file these documents in the county where their divorce was filed, which may be where neither parent resides.

So, if you were thinking of filing a No Court Divorce – Think Again. You might be creating ongoing problems, by trying to avoid a court appearance.

Laws that went into effect July 1, 2017

Just in case you thought our Florida legislature can never get anything done ... here is a list of laws passed that went into effect on July 1.

Educational Options – HB 0015
Prohibiting a student who is enrolled in the Florida School for the Deaf and the Blind from being eligible for the Gardiner Scholarship Program; revising student eligibility criteria for the Florida Tax Credit Scholarship Program; authorizing a child of a parent who is a member of the United States Armed Forces to apply for a scholarship at any time, etc.

Civil Remedies for Terrorism – HB 0065
Creates cause of action relating to terrorism; specifies measure of damages; prohibits claims by specified individuals; provides for attorney fees & court costs; provides construction.

Renewable Energy Source Devices – SB 0090
Revising and defining terms related to renewable energy source devices; prohibiting consideration of the just value of property attributable to a renewable energy source device in determining the assessed value of residential real property; exempting a specified percentage of the assessed value of certain renewable energy source devices from ad valorem taxation; exempting a specified percentage of the assessed value of renewable energy source devices affixed to property owned or leased by the United States Department of Defense for the military from ad valorem taxation, etc.

Certificates of Nonviable Birth – HB 0101
Creates “Grieving Families Act”; authorizes State Registrar of Vital Statistics Office of DOH to electronically receive certificate of nonviable birth; requires DOH to issue certificate of nonviable birth upon request of specified parent; authorizes rulemaking by DOH.

Public Records/Nonviable Birth Records – HB 0103
Provides that certain information included in nonviable birth records is confidential & exempt from public records requirements; provides for future legislative review & repeal of exemption; provides statement of public necessity.

Vendors Licensed Under the Beverage Law – SB 0106
Revising applicability to specify circumstances under which persons under the age of 18 years who are employed in specified businesses are excluded from certain employment prohibitions; providing that failure to comply with a restriction on monthly revenue from the sale of alcoholic beverages is unlawful if a minor is employed during a month that the restriction is exceeded; limiting the package store restrictions to vendors located within a certain distance of a school, etc.

Pub. Rec./Identity of Witness to a Murder – HB 0111
Provides that personal identifying information of witness to murder remains confidential & exempt for specified period; authorizes specified entities & parties to receive information; provides for future legislative review & repeal of exemption.

Criminal History Records – SB 0118
Prohibiting a person or entity engaged in publishing or disseminating arrest booking photographs from soliciting or accepting a fee or other payment to remove a photograph; authorizing a person whose arrest booking photograph is published to request in writing that it be removed; requiring the Criminal Justice Information Program to administratively seal the criminal history records of an adult or a minor upon notification by the clerk of the court under specified circumstances, etc. Effective Date: Except as otherwise expressly provided in this act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect July 1, 2018.

Proceedings Involving Minors or Certain Other Persons – HB 0151
Provides that judges may allow use of certain therapy animals or facility dogs in proceedings involving abuse, abandonment, or neglect; allows such animals to be used when taking testimony of certain other persons.

Certificates of Title for Motor Vehicles – SB 0164
Prohibiting the Department of Highway Safety and Motor Vehicles and tax collector from charging any fee or service charge, except for the expedited title fee, if applicable, for a certificate of title issued for a motor vehicle solely to remove a deceased coowner from a title registered in the name of two persons if the other co-owner is the surviving spouse, etc.

Fictitious Name Registration – HB 0169
Revises information required to register fictitious name; revises requirements for change in registration; revises provisions concerning expiration of registration; prohibits renewal of registration if registered fictitious name is prohibited by specified provisions; specifies additional forms of business organization that may not be required to register; revises provisions concerning penalties for violations; specifies additional terms that may not be included in fictitious name.

Natural Hazards – HB 0181
Creates interagency workgroup to share information, coordinate efforts, & collaborate on initiatives relating to natural hazards; requires certain
agencies to designate liaisons to the workgroup; requires the Division of Emergency Management to prepare annual report; requires report to be posted on agency websites & submitted to the Governor & Legislature; providing an appropriation.

State Park Fees – HB 0185
Provides certain discounts on state park fees to specified foster & adoptive families; requires Division of Recreation & Parks within DEP & DCF to establish certain standards & procedures & to hold certain events.

Medical Faculty & Medical Assistant Certification HB 0209
Requires DOH to process certain applications for temporary certificate using personal identification number; revises circumstances under which visiting physician may be issued temporary certificate; revises list of schools at which certain faculty members are eligible to receive medical faculty certificate; authorizes certificateholder to practice at certain hospitals; authorizes certain medical directors to request provision of care & treatment; provides requirement for certified medical assistant credential; revises qualifications for employment as medical assistant in certain testing center.

Cosmetic Product Registration – HB 0211
Deletes requirement that person who manufactures, packages, repackages, labels, or relabels cosmetic in this state register such cosmetic biennially with DBPR; revises annual fee for cosmetic manufacturing permit.

Transportation Network Companies – HB 0221
Providing that a transportation network company (TNC) driver is not required to register certain vehicles as commercial motor vehicles or for-hire vehicles; requiring a TNC to designate and maintain an agent for service of process in this state; providing fare requirements; providing that TNC drivers are independent contractors if specified conditions are met; requiring a TNC to implement a zero-tolerance policy for drug or alcohol use, subject to certain requirements; requiring a TNC to conduct a certain background check for a TNC driver after a specified period; requiring TNC drivers to comply with the nondiscrimination policy and certain applicable laws regarding nondiscrimination and accommodation of service animals, etc.

Public Records/Protective Injunction Petitions – HB 0239
Provides exemption from public records requirements for petitions, & contents thereof, for certain protective injunctions that are dismissed in certain circumstances; provides statement of public necessity.

Wills and Trusts – HB 0277
Creating the “Florida Electronic Wills Act”; specifying requirements that must be satisfied in the execution of electronic wills; authorizing an electronic will of a nonresident of this state which is properly executed in this or another state to be offered for and admitted to probate in this state; specifying requirements for service as a qualified custodian, etc.

Middle Grades – HB 0293
Requires that DOE contract to conduct comprehensive study of states with nationally recognized high-performing middle schools in reading & mathematics; requires report to Governor, SBE & Legislature by specified time; provides for expiration; deletes requirements related to career & education planning course for middle grades promotion; provides appropriation.

Central Florida Expressway Authority – HB 0299
Increases membership of Central Florida Expressway Authority to include member appointed by chair of Brevard County Commission; Authorizes Governor to appoint citizen member from Brevard County; adds area within geographical boundary of Brevard County to area to be served by authority; conforms provisions.

Law Enforcement Body Cameras – HB 0305
Requires law enforcement agencies to establish policies & procedures authorizing officer’s review of camera footage of incident before writing report or providing statement; provides exception.

Florida Life and Health Insurance Guaranty Association – HB 0307
Revising applicability of the Florida Life and Health Insurance Guaranty Association Act as to specified annuity contracts; revising the association’s maximum aggregate liability for the contractual obligations of an insolvent insurer with respect to one life; specifying the association’s maximum liability as to certain health insurance policies beginning on a specified date, etc
Child Protection – HB 0329
Prohibits time-sharing plan from requiring or being interpreted to require visitation at recovery residence between specified hours; provides exceptions; requires court to consider certain factors to determine best interest of child; prohibits court from ordering visitation under specified circumstances; authorizes certified recovery residence to allow minor child to visit, excluding visits during specified hours; provides exceptions; prohibits certified recovery residence from allowing visitation under specified circumstances.

Resource Recovery and Management – HB 0335
Defining the terms “gasification,” “post-use polymer,” “pyrolysis,” and “pyrolysis facility” and revising definitions; providing that certain pyrolysis facilities are exempt from certain resource recovery regulations;requiring certain handlers of post-use polymers to certify to the Department of Environmental Protection; authorizing recovered materials dealers to use pyrolysis facilities for recovered materials or post-use polymers processing, etc.

Motor Vehicle Service Agreement Companies – HB 0339
Revises qualifications for motor vehicle service agreement company to obtain & maintain license; allows certain entities to cancel service agreements in certain circumstances; provides such cancellations are only valid if authorized.

Self-Service Storage Facilities – HB 0357
Provides that lien sale may be conducted on certain websites; provides that facility or unit owner is not required to hold license to post property for online sale; limits maximum value of certain property; provides options for disposition of motor vehicles or watercraft claimed to be subject to lien; authorizes facility or unit owner to charge tenant certain fees under certain conditions

Bail Bonds – HB 0361
Revises legislative intent concerning obligations of bail bond agent; revises commitments & obligations of bail bond agent; revises circumstances that constitute breach by bail bond agent & under which surety bond deposited as bail must be forfeited; revises circumstances that require forfeiture to be discharged; specifies that certain provisions concerning cancellation of bond do not apply if bond is forfeited within specified period; provides that original appearance bond does not guarantee placement in court-ordered program.

Bail Bonds – SB 0368
Revises legislative intent concerning obligations of bail bond agent; revises commitments & obligations of bail bond agent; revises circumstances that constitute breach by bail bond agent & under which surety bond deposited as bail must be forfeited; revises circumstances that require forfeiture to be discharged; specifies that certain provisions concerning cancellation of bond do not apply if bond is forfeited within specified period; provides that original appearance bond does not guarantee placement in court-ordered program.

Florida Wing of the Civil Air Patrol – SB 0370
Requiring certain employers to provide Civil Air Patrol leave; prohibiting specified public and private employers from discharging, reprimanding, or penalizing a Civil Air Patrol member because of his or her absence by reason of taking Civil Air Patrol leave, etc.

Assistive Technology Devices – HB 0371
Revises provisions relating to accessibility & use of assistive technology devices by persons with disabilities.

Limitations on Actions other than for the Recovery of Real Property – HB 0377
Specifies date of completion for specified contracts for limitation of action purposes.

Underground Facilities – HB 0379
Revises information to be submitted to Legislature by board of directors of Sunshine State One-Call of Florida, Inc.; requires excavators to call 911 under specified circumstances; requires member operators to file report with free-access notification system; provides reporting requirements; specifies distribution of civil penalties issued by state law enforcement officers.

Student Loan Debt – SB 0396
Defining the term “student loans”; requiring post-secondary institutions to annually provide certain students with specified information regarding their student loans; providing that an institution does not incur any liability for providing such information, etc.

Estoppel Certificates – SB 0398
Revising requirements relating to the issuance of an estoppel certificate to specified persons; requiring a condominium, cooperative, or
homeowners’ association to designate a street or e-mail address on its website for estoppel certificate requests; prohibiting an association from charging a preparation and delivery fee or making certain
claims if it fails to deliver an estoppel certificate within certain timeframes, etc.

Guardianship – HB 0399
Requires each examining committee member in proceeding to determine incapacity to file report with clerk of court within specified time; requires clerk to serve each report on specified persons within specified time; revises time before hearing on petition within which specified parties must be served; authorizes petitioner & alleged incapacitated person to move for continuance if service is not timely & to object to introduction of all or any part of report; specifies that admissibility of report is governed by rules of evidence; requires that adjudicatory hearing be conducted within specified time; changes time that guardian has to file required annual guardianship plan; eliminates requirement that
court must first find that ward’s spouse has consented to dissolution of marriage before authorizing guardian to exercise specified rights; removes cap on funeral expenses.

Notaries Public – HB 0401
Expands list of forms of identification which notary public may rely on in notarizing signature on document to include veteran health ID card.

Public Housing Authority Insurance – HB 0421
Authorizes certain entities to join self-insurance funds participated in by public housing authorities for specified purpose; authorizes reinsurance companies to issue coverage directly to certain entities; requires contracts issued to such entities to receive same tax treatment as contracts issued to insurance companies.

Religious Expression in Public Schools – SB 0436
Citing this act as the “Florida Student and School Personnel Religious Liberties Act”; prohibiting a school district from discriminating against students, parents, or school personnel on the basis of religious viewpoints or expression; prohibiting penalty or reward for a student’s religious expression in coursework, artwork, or other specified assignments; requiring a school district to comply with the federal requirements in Title VII of the Civil Rights Act of 1964, etc.

Court Records – HB 0441
Provides exemption from liability for release of certain information by clerk of court.

Firefighters – HB 0465
Provides for designation as Lifetime Firefighter; provides requirements for such designation; provides responsibilities of Division of State Fire Marshal within DFS; authorizes division to investigate convictions or disqualifying events concerning Lifetime Firefighters; authorizes division to adopt rules.

Department of Agriculture and Consumer Services – HB 0467
Revises & repeals provisions relating to agriculture education & promotion facilities, surveyors & mappers, pesticides & devices, private investigative agencies, health studios, telephone solicitation, taximeters & transportation measurement systems, livestock, marketing & inspection of agricultural commodities, Florida Building Code & Florida Forest Service facilities, & aquaculture & agriculture dealers & producers; revises requirements for obtaining & reducing fees for concealed weapon or firearm license.

Hospice Care – SB 0474
Requiring the Department of Elderly Affairs, in conjunction with the Agency for Health Care Administration, to adopt national hospice outcome measures and survey data by a specified date and to make such measures available to the public; authorizing certain hospice personnel to assist in the disposal of certain prescribed controlled substances; requiring a hospice to maintain an up-to-date interdisciplinary record of care, etc.

Enhanced Safety for School Crossings – HB 0493
Requires DOT to evaluate viability & cost of uniform system of high-visibility markings & signage for designation of safe school crossings, subject to certain requirements; authorizes DOT to consider implementation of new technology/innovations that enhance pedestrian & crosswalk visibility; requires report.

Florida Statutes – SB 0500, 0501, 0504, 0506
Adopting the Florida Statutes 2017 and designating the portions thereof that are to constitute the official law of the state, etc.
Deleting provisions that have expired, have become obsolete, have had their effect, have served their purpose, or have been impliedly repealed or superseded, etc.
Deleting provisions which have become inoperative by non-current repeal or expiration and, pursuant to s. 11.242(5)(b) and (i), F.S., may be omitted from the 2017 Florida Statutes only through a reviser’s bill duly enacted by the Legislature, etc.
Amending and repealing provisions to conform to the directive of the Legislature in section 9 of chapter 2012-116, Laws of Florida, codified as section 11.242(5)(j), Florida Statutes, to prepare a reviser’s bill to omit all statutes and laws, or parts thereof, which grant duplicative, redundant, or unused rulemaking authority, etc.

Florida Comprehensive Drug Abuse Prevention and Control Act – HB 0505
Specifies that ioflupane I 123 is not included in Schedule II; provides that reference to ch. 893, F.S., or to any section or portion thereof, includes all subsequent amendments.

Controlled Substance Prescribing – HB 0557
Revising requirements for reporting the dispensing of controlled substances; limiting an exception to reporting requirements for certain facilities that dispense controlled substances; authorizing certain employees of the United States Department of Veterans Affairs access to certain information in the prescription drug monitoring program database, etc.

Water Protection and Sustainability – HB 0573
Creates “Heartland Headwaters Protection & Sustainability Act”; requires cooperative to prepare annual report concerning water resource projects & specifies requirements for such report.

Public Works Projects – HB 0599
Prohibits state & political subdivisions that contract for public works projects from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers or carriers; prohibits state & political subdivisions from restricting qualified bidders from submitting bids; provides applicability.

Professional Regulation – HB 0653
Creates the Occupational Opportunity Act; revises length of time active duty service member may remain in good standing with administrative board or program; requires that spouse or surviving spouse be kept in good standing & be exempt from licensure renewal provisions; requires DBPR to issue professional license to spouse or surviving spouse of active duty member; provides requirements related to application, fees, & renewal; provides for fee waiver for specified persons; provides appropriation.

Community Associations – HB 0653
Requiring certain condominium or cooperative associations to post certain signs or symbols on buildings; prohibiting an officer, director, or manager from soliciting, offering to accept, or accepting a kickback for which consideration has not been provided; revising voting requirements relating to alterations and additions to certain common elements or association property; revising provisions relating to required condominium and cooperative association bylaws, etc.

Reemployment Assistance Fraud – HB 0671
Adds DEO as entity that may be issued reproductions from certain files or digital records for specified reasons.

Utilities – HB 0687
Authorizes DOT & certain local governmental entities to prescribe & enforce rules re: placing & maintaining communications services lines/wireless facilities; prohibits authority regulation of facility collocation; authorizes authority to require registration process & permit fees; requires authority to process applications; prohibits authority from requiring approval/fees for maintenance/placement of facilities; provides requirements for collocation on authority utility poles; requires authority to waive certain application & placement requirements; prohibits authority from adopting/enforcing certain regulations & imposing certain fees; authorizes wireless infrastructure provider to apply to place
utility poles; authorizes authority to enforce certain local codes/rules/regulations under certain circumstances.

Division of Alcoholic Beverages and Tobacco – HB 0689
Revises power & authority of division to include appointment of division personnel; authorizes AHCA to certify sanitation of alcoholic beverage license applicant’s place of business; revises provisions relating to special licenses to sell alcoholic beverages for licensed caterers; removes fee for transfer or location change of temporary beverage license; authorizes minors employed by specified businesses to sell beer & wine
under certain circumstances; revises requirements for annual state license tax for distillery & craft distillery.

South Florida Regional Transportation Authority – HB 0695
Authorizes South Florida Regional Transportation Authority, in conjunction with operation of certain commuter rail service, to assume specified indemnification & insurance obligations, subject to certain requirements; authorizes DOT to agree to assume certain indemnification & insurance obligations under certain circumstances; prohibits authority from entering into certain contracts/agreements without DOT approval of expenditures; provides that certain funds provided to authority are state financial assistance; requires written agreement; authorizes advance of funds under certain circumstances.

Vessel Registrations – HB 0711
Revises reduction of vessel registration fees for recreational vessels equipped with certain position indicating & locating beacons; deletes registration date limitation; deletes expiration date.

Estates – SB 0724
Revising the circumstances under which the decedent’s property interest in the protected homestead is excluded from the elective estate; providing for the valuation of the decedent’s protected homestead under certain circumstances; requiring the payment of interest on any unpaid portion of a person’s required contribution toward the elective share with respect to certain property, etc.

Accessibility of Places of Public Accommodation – HB 0727
Authorizes qualified experts to advise & provide certain inspections for places of public accommodation relating to ADA; authorizes certain owners of place of public accommodation to file certificate of conformity or remediation plan with DBPR; provides requirements for such submission; requires court to consider certain information in specified actions; requires department to develop & maintain website for specified purposes; provides an appropriation.

Department of Business and Professional Regulation Fees – HB 0741
Revises delinquency fee that professional board or DBPR imposes on delinquent status licensee; revises surcharge that DBPR assesses on building permits.

Mortgage Regulation – HB 0747
Providing an exemption from regulation under parts I and II of ch. 494, F.S., for certain securities dealers, investment advisers, and associated persons; providing a definition for the term “hold himself or herself out to the public as being in the mortgage lending business,” etc.

Adoption Benefits – HB 0749
Revises definition of term “qualifying adoptive employee” to include employees of charter schools & Florida Virtual School for purpose of
extending state employee adoption benefits to such employees; provides for retroactive application; requires such employees to apply to their school directors to obtain monetary benefits; requires CFO to transfer funds for such purpose.

Motor Vehicle Warranty Repairs and Recall Repairs – HB 0775
Prohibits manufacturer, factory branch, distributor, or importer from denying motor vehicle dealer claim, reducing dealer compensation, or processing chargeback to dealer due to specified circumstances; requires manufacturer, factory branch, distributor, or importer to compensate dealer for used motor vehicle under specified circumstances & pay compensation within specified timeframe; requires dealer’s application for payment to be made through manufacturer’s, factory branch’s, distributor’s, or importer’s warranty application system or certain other system/process; provides for calculation of compensation amount.

Designation of School Grades – HB 0781
Revises requirements for certain schools to receive school grade designation of K-3 feeder pattern school; provides majority of students must be scheduled to be assigned to certain school for feeder pattern to exist.

Stroke Centers – HB 0785
Directs AHCA to include hospitals meeting criteria for acute stroke ready centers on list of stroke centers; authorizes DOH to contract with private entity to establish & maintain registry, subject to appropriation; provides immunity from liability.

Insurance Policy Transfers – HB 0805
Authorizes insurer to transfer residential property insurance policy to another authorized insurer upon expiration of policy term if specified conditions are met.

Practices of Substance Abuse Service Providers – HB 0807
Authorizes Office of Statewide Prosecution to investigate & prosecute patient brokering offenses; increases penalties for operating without license; requires DCF to conduct background screening for owners, directors, CFOs, & clinical supervisors of substance abuse service providers; revises limitations on referrals to recovery residences; authorizes court to approve application for disclosure of substance abuse treatment records; prohibits certain marketing practices; provides fines & penalties.

Flood Insurance – HB 0813
Revising the intervals at which specified standards and guidelines for projecting certain rate filings must be revised by the Florida Commission on Hurricane Loss Projection Methodology; extending the last date of filing with the Office of Insurance Regulation of certain flood coverage rates that may be established and used by an insurer; revising a notice requirement for agents before they place flood insurance coverage with an admitted or surplus lines insurer for properties receiving flood insurance under the National Flood Insurance Program, etc.

Insurer Insolvency – HB 0837
Revises Insurers Rehabilitation & Liquidation Act; revises notice requirements, court jurisdiction, filing requirements, procedures, & defenses of delinquency proceedings; authorizes receiver & DFS, as domiciliary receiver, to perform certain functions; provides delinquency procedures for specified large deductible claims under certain workers’ compensation policies; provides certain persons of insolvent insurers are discharged & have no further authority over affairs or assets of insurer; revises priority of claims.

Hospice Services – HB 0863
Exempts certain hospice services in not-for-profit retirement community from specified review & application requirements.

Department of Transportation – HB 0865
Requiring the department, in consultation with the Department of Highway Safety and Motor Vehicles, to develop the Florida Smart City Challenge Grant Program; providing for assessment and calculation of a fine for unlawful weight and load of a vehicle fueled by natural gas; requiring the department to undertake an economic feasibility study relating to the acquisition of the Garcon Point Bridge; prohibiting the South Florida Regional Transportation Authority from entering into certain contracts or agreements without department approval of the authority’s expenditures, etc.

Memory Disorder Clinics – HB 0883
Establishes memory disorder clinic at Florida Hospital in Orange County.

Public Records/Substance Abuse Impaired Persons – SB 0886
Providing an exemption from public records requirements for petitions for involuntary assessment and stabilization, court orders, related records, and personal identifying information regarding substance abuse impaired persons; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc.

Direct-Support Organizations – SB 0890
Requiring a contract between an agency and a citizen support organization or direct-support organization to include a provision for the orderly cessation of operations and reversion of state funds within a specified timeframe; requiring that certain proceeds be deposited into the Grants and Donations Trust Fund of the Division of Vocational Rehabilitation, instead of the Florida Endowment Foundation for Vocational Rehabilitation; requiring a specified percentage of certain revenues to be deposited into the Florida Association of Centers for Independent Living special reserve account to administer specified programs; extending the date for future review and repeal of provisions relating to the Florida Endowment for Vocational Rehabilitation Act; requiring the foundation to transfer funds to specified entities for certain purposes, etc.

Pro Se Survey II

In 2012 we offered the first in our pro se survey series. The information we request on this survey builds off of the first one, and hopefully makes up for some of the information gaps. We ask for your name and address, but you are not required to provide that information to complete the survey. Providing your personal information is completely voluntary. Thank you to all of you who contribute. If you are a pro se litigant, please complete our survey. If you do not want to be contacted after completing it, we won't contact you - ever. This is in no way a ploy to collect your information. We really want the data; and you can remain completely anonymous.

CLICK HERE TO COMPLETE THE SURVEY

Pro se litigants are often overwhelmed and face multiple obstacles in pursuing or defending their legal matters. As far as we can tell no one, no government entity, no private groups makes a concerted effort to find information about pro se litigants. There are plenty of assumptions. One of the most prevalent assumptions is that pro se litigants simply cannot afford an attorney. Another assumption is that pro se litigants lack formal education. We want to know whether these assumptions are correct. Whether there is, in fact, much more to the story. 

The legal system belongs to all citizens. It does not belong to attorneys, the judges, or the court staff. Our tax dollars pay the court staff and the judges salaries. We understand that the court prefers for consumers to be represented by counsel. Consumers lack of information about procedure is real. Florida procedure is labyrinthine and there are few reliable sources for consumers to learn about the steps and rules that must be followed. 

27 Barriers to Legal Access & 11 Possible Solutions

"The law should be a shield for the weak and powerless, not a club for the powerful."

- Gov. Roy Barnes, 2004 Equal Justice Conference

Article I, section 21 of the Constitution of the State of Florida requires that

“the courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.” 

Inherent in this mandate is the precept that our courts are neutral bodies that will interpret the law fairly, and will ensure equal treatment of all parties. 

27 Barriers to Legal Access

1. Many pro se litigants cannot afford to hire an attorney. One of the most common barriers is the economic situation of pro se litigants. Lawyers' fees are un-affordable for people with modest income. Also there is a limited access to free or low cost legal services.
2. Many consumers have no idea where to even begin.
3. Many would be pro se litigants don’t realize they have a right to access the court system themselves.
4. The law is packed with forms, statutes and jargon that the average person may not understand.
5. Legal aid societies cannot keep up with increasing pace of low income litigants. There is a limited supply of low cost or pro bono attorneys. Low cost legal assistance can be hard to find and non-profit centers with strict guidelines and so many people needing assistance, may not be able to help.
6. Judges don’t tend to like pro se litigants.
7. Judges assistants are sometimes rude.
8. Court clerks are often rude. Judges and courtroom personnel are often condescending towards pro se litigants.
9. Opposing counsel secretaries can be obnoxious.
10. Everybody hides the ball and passes the buck.
11. Everybody tells pro se litigants to get an attorney.
12. Pro se litigants lack credibility. People, like opposing counsel, clerks, or judges may think a pro se litigant doesn't know any of the rules; and so the pro se litigant may not be taken seriously.
13. The average reading level for Floridians is between the eighth and ninth grade level. The pro se forms and their instructions may be too difficult to read and understand; as they are written above the reading level of many Florida citizens. 
14. Unfamiliar legal jargon. Unnecessary terms are used. Legal “jargon” serves as a means to exclude from the courts any person who doesn't pay an attorney, or speak the jargon. 
15. Many people have incomes that are too high to qualify for free legal assistance. 
16. Unclear court procedures, confusing court forms, incomplete or misleading judicial websites. 
17. Underhanded attorneys will not file or notify pro se litigants with the correct paperwork in the correct manner, but if a pro se litigant does not follow procedure precisely, attorneys are the first to cry foul to the Judge. 
18. Language barriers - foreign born litigants, there is often no court interpreter available. 
19. Procedural requirements are often harder for pro se litigants, and purposely made this way. In fact, legal papers filed by an attorney that need to be “corrected” are often times overlooked by the judiciary system simply because they were filed by counsel. 
20. Clerks and opposing counsel withhold information from pro se litigants that is normally given to attorneys. If an attorney's office calls to ask about a hearing,for example, the clerk will provide all the answers. But if a person representing their own interests asked for the same information, the answer becomes legal advice. 
21. Pro se litigants are considered distinctly unwelcome. It is literally an institutional bias.
22. Unfamiliarity with legal procedures can be frustrating and embarrassing for someone seeking justice. It can cause a person to abandon their cause or wind up with a less than desired outcome.
23. Finding the correct forms to file. Choosing the right forms and filling them out correctly is not only time consuming, but can be an overwhelming task. 
24. Finding the proper jurisdiction and venue in which to bring their action. How to choose between small claims, county court, or circuit civil? Do I file my family law case where I live or where my ex lives? 
25. Navigating the legal system - civil process and procedure. Pre-law students, paralegals, and attorneys all take at least one course about civil process and procedure - CivPro. Many find the information overly detailed and difficult to retain. Imagine the pro se litigants' dilemma having to decipher an entire body of information for the first time, on a deadline, when their home, their money or their children may be at stake.
26. In many cases, clerks have been explicitly trained to never answer any questions from the pro se public. Such assistance has been perceived as violating the court’s neutrality or as unauthorized practice of law. Pro se litigants, therefore, frequently find their paperwork being refused as inappropriate or incomplete, but are given no help to correct it; no explanation of the problem or how to fix it; and no referral to someone who could help. This is called "hiding the ball".
27. Education is a big issue for many people who want to pursue their rights. Most of the do-it yourself forms require that the person has access to a computer with internet, to find forms; to fill them out; to print them out; and to do even rudimentary legal research.

Eleven Possible Solutions 

1. Explain court procedures clearly and patiently (several times if needed—it’s a lot to comprehend)
2. Help customers define for themselves what they are seeking and be good listeners. Sometimes people really need an ear because they get so beaten up by the system!
3. Clarify with them what their goals are. What are they trying to accomplish? Help them understand legal terminology or show them where they can look it up.
4. Help them fill out court forms.
5. Explain what types of pleadings exist and what the procedures are for their situation.
6. Help them get fee waivers (if they qualify) from the court.
7. Do some “hand holding” (give them a check-in call before court and a follow up call after)
8. Know when to refer them to an attorney (the case is too legally complex, there is a lot at stake and or the Judge is not taking them seriously.
9. The goal of any legal document preparer should be to provide professional document preparation services at a cost that is affordable. Not only should these services be given with the utmost professionalism, but also allow the customer to vent their frustrations and tell their story, This level of professionalism and interpersonal skill makes the personalized services of a legal document preparer far stronger than most realize; by not only providing the proper formatted forms they need, but often, even only temporarily, someone to listen.
10. As a legal document preparer our mission is to help others to complete their own legal tasks.
11. Empowering pro se litigants so they can become knowledgeable about their legal rights and be able to stand in front of a judge and state their case with confidence and conviction.

7 Law Changes in 2015

1. Florida consumers get a small break on insurance premiums Jan. 1

Florida Catastrophe (CAT) Fund is eliminating the 1.3 percent assessment on policies issued or renewed starting Jan. 1. The price cut will affect all sorts of insurance policies: homeowner, auto, business, rentals, religious and charity institutions, local governments and school boards.

2. A new law will require children through age 5 to be placed in car seats or booster seats while riding in vehicles. Effective January 1, 2015.

3. The state's minimum wage will increase from $7.93 to $8.05 an hour, thanks to a 2004 constitutional amendment that leads to annual adjustments. Effective January 1, 2015.

4. Employers will see an overall 5.2 percent decrease in workers-compensation insurance rates. Effective January 1, 2015.

5. New Law Requiring Background Screening for Massage Therapists prior to Jan 31, 2015

Effective July 1, 2014, the following individuals must undergo a criminal background screening prior to January 31, 2015:

• All massage therapists licensed in this state prior to July 1, 2014;
• Any person with an ownership interest in a massage establishment licensed in this state prior to July 1, 2014, or
• If the massage establishment is owned by a corporation that has more than $250,000 of business assets in this state, the owner, officer or individual directly involved in the management of the establishment will be required to submit to background screening.

6. A law will go into effect for millions of families whose homes have battery-powered smoke alarms. In an effort to reduce residential fire fatalities the Florida Building Code will require homeowners to install 10-year, sealed-battery smoke alarms when replacing outdated or non-working alarms or installing new ones.

7. Gay Marriage Ban - The date to watch is January 6, 2015. Florida Attorney General Pam Bondi earns the title: "modern-day Anita Bryant'" Read more about the controversy and follow the timeline here.

November is Florida Adoption Month!

Florida Statute Chapter 63 addresses adoptions by family members. To be considered a family member for the purposes of a family adoption at least one of the adoptive parents must be within three steps of consanguinity - blood relation. For example, if a couple is adopting the wife's sister's daughter - their niece - then the aunt is within three steps of blood relation, but the uncle is related by affinity (marriage). Grandparents, great grandparents, and siblings are also within the three steps of blood relation. Single close relatives are also allowed to adopt.

Florida publishes forms for stepparent adoption, but not for the other types of family adoption. The procedures are similar, but not identical. In a stepparent adoption, only the consent from one biological parent is required. In the other types of family adoptions consents of both parents are generally required.

When all parties agree, the process for family adoptions in Florida is fairly simple. Sometimes the biological parent is not available to consent to the adoption. Other times the identity of the biological parent is not known. In either of these cases, the process is slightly more complex, but not at all impossible for a pro se litigant.

If the identity of the father is known, but his whereabouts are unknown, a process called a diligent search is required. The Affidavit of Diligent Search is a list of places where they must search for the biological parent. The list includes things like: Prisons; Cable Companies; Utility Companies; Hospitals; Military; an Internet Search; and the U.S. Post Office. If the biological father is not found, the prospective adoptive parents can then request the court to publish their legal intent to adopt.

If the identity of the father is unknown, which then means that his whereabouts is also unknown, the prospective adoptive parents must request a search of the putative father registry. The putative father registry is maintained by the Department of Health and Vital Statistics. The purpose is to protect the rights of unwed fathers. It serves that purpose to an extent. For example, if an unwed couple has a child together and then separates the father can register as the putative father to preserve his paternal rights. More commonly the registry protects the father's rights when the couple separates while the mother is pregnant, and the couple loses contact with each other.

Part of the adoption process is to terminate the parental rights of the biological parent or parents. Termination of parental rights is never to be taken lightly. The biological parent(s) being asked to terminate parental rights should search their heart, and seek legal advice if at all unsure about what to do

Adults who live and work in the state, are of good character, and have the ability to nurture and provide for a child may adopt. Single adults, as well as married couples, may adopt. A stepparent may adopt his or her spouse’s children. In 2010, the Third District Court of Appeal ruled that the statutory ban prohibiting homosexuals from adopting a child is unconstitutional. The Department of Children & Families did not seek review by the Florida Supreme Court of this decision so a person who is a homosexual may now adopt a child even though the ban is still in an existing statute.

The requirement for a criminal background check and taking the Model Approach to Partnerships in Parenting (MAPP) course are waived for stepparent and close family adoptions.

In stepparent and close relative adoptions, the adopting parent(s) typically finalize the adoption and terminate the biological parent(s) parental rights at the same time. The biological parent's obligation to pay ongoing child support ends when the adoption is final; however child support arrears are a vested interest of the child, and are still owed.

Ten days after the judge signs the Final Order of Adoption, the clerks of court seal the file. Adoptive parents need to request several certified copies of that court order within that ten day window. Each entity that the parents must notify of the child's adoption will require a certified copy of that order for their files. The number of certified copies the parents should request varies depending on the age of the child. The older the child, the more court orders they'll need to have. Entities such as the social security office; the child's physician; the child's school; the Department of Health and Vital Statistics; the child's day care provider; and extra-curricular activity and sports centers; may all require a certified copy of the final order of adoption. These entities do not just need to see the order, they need it for their files. And it may not be a copy, but must be a copy certified by the clerk of court.

For all legal purposes, the adopted child will be considered the natural child of the adoptive family. Further, the adopted child will be legally considered as if he/she were born into the adopted family. That child will be deemed equal with all other children that may then be or later come into the adopted family. This means that the adopted child will inherit equally to those children biologically born into the family for purposes of estates and wills or divorce. It is as though the child was born into the adoptive family initially.

More information about family adoption is available on the Florida Bar's site.

FLORIDA ADOPTION MONTH - Governor Rick Scott's Proclamation

WHEREAS, every child needs and deserves a loving, supportive, nurturing, and permanent family

when it is determined that the child cannot be safely returned home; and ...

WHEREAS, adoption provides a unique opportunity to improve children's lives and enrich the

lives of adoptive parents, their families, and their communities; and ...

WHEREAS, November 22, 2014, is National Adoption Day and families and children across the

nation and the great State of Florida will celebrate the joy of adoption on this day and throughout

the month, while remembering our children who are still dreaming and hoping for a loving,

permanent family of their own; and ...

WHEREAS, adoptive families, including relatives and grandparents, who have already adopted

children may benefit from continued post-adoption support services in the days and years ahead; ...

NOW, THEREFORE, I, Rick Scott, Governor of the State of Florida, do hereby extend greetings and

best wishes to all observing November 2014 as Florida Adoption Month.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of

Florida to be affixed at Tallahassee,the Capital, this 20th day of October, in the year two thousand fourteen.

How to Obtain Decedent's Credit Report for Summary Administration of Estate

Many Floridians don't realize that it is possible to settle the estate of a family member without an attorney. In certain circumstances, when the value of the entire estate is less than $75,000. excluding exempt property; or when the person died more than two years ago; an attorney may not be required. It is common for estates to qualify for summary administration, and with some of your own research and help from a document preparer, the estate assets can be passed to the heirs.

One step that may be required is to obtain the credit report of the family member who died. This will help you discover if there are outstanding debts that must be paid before the estate can be settled.

Here’s what to do:

 Step 1.  Gather the documents you will need. If your family member prepared a durable financial power of attorney before he or she died and named you as the financial agent, make a copy of that document.

Step 2. Mail a copy of the certified death certificate and either the copy of your father’s durable power of attorney or a copy of the letters testamentary to all three credit reporting agencies. Include a cover letter explaining what you are trying to accomplish, and make sure the deceased’s name, address and Social Security number are clearly identified in the letter. Here are the mailing addresses of the credit reporting agencies:

TransUnion LLC
P.O. Box 2000
Chester, PA 19022

Equifax Information Services LLC
Office of Consumer Affairs
PO Box 105139
Atlanta, GA 30348

Experian
P.O. Box 2002
Allen, TX 75013

TransUnion’s recommends that you update your deceased father’s credit reports by:

1. Contacting all of his creditors and requesting that they update their records to show that he is dead. The creditors will probably want you to forward to them a copy of his death certificate, if they have not already been notified of the death.

2. Check with the Social Security Administration to ensure that it has updated its files. Refer to the blue page of your local telephone directory for the address and phone number of the nearest Social Security office. Or, use this online tool to find a local office.

Experian explains on its web site that spouses, executors or others representing the deceased can request that a “deceased indicator” be added to the deceased’s credit report by providing a copy of the death certificate to its consumer assistance center. The indicator will help prevent identity theft.

Unclaimed Assets:

Also, you may want to search the State of Florida Unclaimed Property Division. People frequently find assets through this site, it may be a refund check, a bank account, or any number of things that may have been overlooked. According to the FAQ on that site:

What if the Original Owner of the Property is Deceased?

Proof of ownership (detailed below) must still be established with documentation (as detailed on your claim form). In addition, you must provide a certified death certificate for the owner, along with identification and signed claim forms for all heirs of the owner (or for the personal representative if the estate remains open). Additional documentation may be required depending on the specific case. Please review the Florida Administrative Code section 69I-20.0022 (paragraph 3) for more information.

What Types of Identification are Accepted?

Florida law requires claimants to provide a copy of their driver's license or another form of government-issued photographicidentification. If your Identification does not reflect your current address, please include other documentation (such as a current utility bill, etc.) reflecting your current mailing address in addition to your Identification and proof of ownership. If the account has more than one owner and one of the owners is deceased, a certified death certificate for the deceased owner is required in addition to the Identification for the person claiming the account. Note: Each claimant must submit identification and sign the claim form.