What to Know About Estate Planning

An estate planning attorney plays a critical role in protecting your assets, your family, and your wishes under Florida law. Because Florida has specific statutes governing wills, trusts, probate, homestead property, and spousal rights, working with an attorney who understands these rules helps ensure your estate plan is legally valid and properly structured.

First, Florida has strict execution requirements for a valid will under the Florida Probate Code. A will must be properly signed and witnessed, and even small mistakes can render it invalid. An experienced estate planning attorney ensures your documents comply with Florida law so your estate does not end up in unnecessary litigation or default intestate distribution.

Second, Florida’s unique homestead protections—found in the Florida Constitution—can significantly affect how your primary residence may be devised. If not handled properly, a homestead transfer can unintentionally disinherit beneficiaries or create title complications. An attorney ensures your plan complies with these constitutional restrictions.

Third, estate planning attorneys help minimize probate complications. Probate in Florida can be time-consuming and costly if assets are not properly titled or if disputes arise. An attorney can recommend strategies such as revocable living trusts, enhanced life estate deeds (Lady Bird deeds), or proper beneficiary designations to reduce or avoid probate where appropriate.

Fourth, Florida has specific rules regarding spousal elective share rights, creditor protection, and asset protection planning. An attorney can advise on how to structure your estate plan to protect assets from creditors, preserve family wealth, and address blended family situations.

Finally, estate planning is not just about death—it also includes incapacity planning. Florida requires properly drafted durable powers of attorney and health care surrogate designations to ensure someone can manage your financial and medical affairs if you become incapacitated. Without these documents, your family may be forced to seek a court-supervised guardianship.

In short, a Florida estate planning attorney ensures your documents are legally sound, your assets are protected, probate is minimized, and your loved ones are spared unnecessary stress and expense.

Tips for Navigating Florida's Lemon Car Laws

Getting your vehicle declared a lemon under Florida law requires careful documentation, strict compliance with deadlines, and following the correct procedure under the Florida Motor Vehicle Warranty Enforcement Act. Here are practical tips to strengthen your claim and improve your chances of success:

Florida’s Lemon Law generally applies to new or demonstrator vehicles purchased or leased in Florida for personal, family, or household use. The defect must substantially impair the vehicle’s use, value, or safety, and it must arise during the first 24 months after delivery. Start by confirming your vehicle qualifies under the statute before moving forward.

Keep meticulous records from day one. Save all repair orders, invoices, dealership notes, towing receipts, and correspondence. Each repair visit should clearly describe your complaint in writing—avoid vague statements like “check vehicle.” Instead, specify the exact issue (e.g., “vehicle stalls while driving at highway speed” or “loss of power steering while turning”). The wording on the repair order matters because it establishes the defect history.

Give the manufacturer a reasonable number of repair attempts. In most cases, this means three repair attempts for the same defect, or at least 15 cumulative days out of service for one or more defects during the Lemon Law rights period. However, serious safety defects may qualify with fewer attempts. Make sure repairs are performed by an authorized dealership—not an independent mechanic—or they may not count toward your claim.

Send a Motor Vehicle Defect Notification (MVDN) letter if required. Before filing a formal Lemon Law claim, Florida typically requires you to give the manufacturer one final opportunity to repair the defect. This must be done by certified mail to the address listed in your warranty booklet. Keep proof of mailing and delivery. The manufacturer then has 10 days to respond and 10 days to repair.

Act within the time limits. A Lemon Law arbitration request must generally be filed within 60 days after the expiration of the Lemon Law rights period (the first 24 months). Missing this deadline can bar your claim entirely. Timing is critical.

Avoid modifying the vehicle. Aftermarket alterations, performance tuning, or unauthorized repairs can give the manufacturer grounds to argue the defect was caused by owner modification. Keep the vehicle in original condition while pursuing your claim.

Be consistent in your complaints. If the issue is intermittent, report it every time it happens. Gaps in complaints or inconsistent descriptions can weaken your case. Even if the dealership says they “cannot duplicate the concern,” make sure your complaint is documented.

Consider whether the defect substantially impairs use, value, or safety. Minor cosmetic issues typically do not qualify. Problems involving stalling, braking, steering, transmission failure, electrical shutdowns, or repeated no-start conditions are more likely to meet the statutory standard.

Finally, understand that Florida’s Lemon Law process usually involves state-run arbitration before filing a lawsuit. The arbitration board can order a repurchase or replacement if your claim is successful. Because manufacturers often contest these claims aggressively, many consumers benefit from consulting an attorney experienced in Florida Lemon Law cases—especially if the vehicle has serious safety defects or repeated failed repair attempts.

If handled properly and within deadlines, Florida’s Lemon Law can result in a refund (minus a mileage offset) or a comparable replacement vehicle. The key is documentation, persistence, and strict compliance with the statutory process.

New Legal Requirements for Florida’s Construction Industry

Effective July 1, 2025, Florida’s construction industry began operating under a significant new legal requirement that directly impacts how change orders are processed on public projects. Chapter 2025-140, Laws of Florida—titled the “Act Relating to Construction Regulations”—enacted House Bill 683 and created section 218.755 of the Florida Statutes. This new “Prompt Processing” provision establishes strict deadlines and consequences for local government entities responding to contractor-submitted change order price quotes. Unlike the prior Local Government Prompt Payment Act, which did not address how quickly a government entity must act on a change order price quote, section 218.755 fills that gap by mandating timely action.

Under the new law, when a contractor submits a price quote in response to a local government–requested change order, and that quote complies with all contractual and statutory requirements, the local government must approve or deny the quote in writing within 35 days of receipt. If the government denies the quote, it must clearly identify the specific deficiencies and explain what actions are required to cure them. If the government fails to issue a timely written approval or denial, the price quote and corresponding change order are deemed approved by operation of law, and the government becomes liable for the full amount stated in the quote upon completion of the work. The statute further provides that local governments may not waive or alter these prompt processing requirements by contract; any agreement attempting to do so is unenforceable.

This change is particularly significant in light of sovereign immunity principles recognized in County of Brevard v. Miorelli Engineering Inc., which generally prohibit oral or implied modifications to public contracts and require express written change orders. Public construction contracts therefore customarily require written change orders for modifications to the work and often permit—but do not obligate—public owners to accept contractor pricing proposals. Historically, contractors could incur substantial costs preparing change order pricing without assurance of timely review or approval. Section 218.755 addresses this imbalance by imposing a structured processing deadline similar in concept to the payment timelines found elsewhere in the Local Government Prompt Payment Act.

For local governments, the statute introduces new compliance obligations and financial risks. Agencies must implement internal procedures to ensure that conforming change order price quotes are reviewed and either approved or denied within the 35-day window. Denials must include detailed, actionable explanations of deficiencies. Governments cannot rely on contractual provisions to extend deadlines or avoid the statute’s requirements. Because approval authority for change orders may be limited by dollar thresholds or require board approval at a public meeting, local governments must ensure that quotes are escalated promptly for consideration. While section 218.755 does not define “receipt” in the same manner as section 218.735 does for invoices, local governments may consider clarifying receipt procedures by contract or ordinance—provided they do not effectively extend the statutory deadline.

Contractors, in turn, must ensure their change order submissions strictly comply with contractual pricing requirements and applicable law. Only fully compliant quotes trigger the 35-day deadline. Incomplete, improperly formatted, or nonconforming submissions may be denied and may not receive the statute’s protections. Contractors should also anticipate that agencies—particularly larger municipalities and airports—may adopt stricter definitions of what constitutes a “complete” submittal. When used properly, however, the statute has the potential to reduce change order backlogs, limit cost disputes, and create greater predictability in public construction projects.

In addition to these prompt processing reforms, Florida has recently enacted substantial changes to its construction defect laws. Senate Bill 360, effective April 13, 2023, amended section 95.11(3)(b), Florida Statutes, by reducing the statute of repose for construction defect claims from ten years to seven years and clarifying the triggering events that start the repose period. The clock now begins upon the earliest of several defined events, such as issuance of a temporary or permanent certificate of occupancy, a certificate of completion, or project abandonment. Contract provisions that reference outdated trigger events—such as “actual possession” or general completion of the contract—may no longer align with the revised statute and could create unintended liability exposure.

Florida’s Chapter 558 pre-suit notice and opportunity-to-cure procedures also remain critically important. For construction contracts entered into after October 1, 2009, the agreement must include a conspicuous notice referencing Chapter 558 unless the parties expressly opt out in writing. Contracts that lack proper notice language or contain ambiguous opt-out provisions may undermine enforceability or expose parties to additional risk. Limitation-of-liability clauses that extend beyond the revised seven-year repose period, outdated statute references, or tolling provisions tied to superseded trigger events should all be carefully reviewed and updated.

These legislative changes carry significant practical consequences. Claims filed after July 1, 2024, based on projects where the triggering event occurred more than seven years earlier, will generally be barred—even if the defect is latent. Similarly, under section 218.755, a local government’s failure to timely and properly respond to a compliant change order price quote can result in automatic approval and financial liability. Contractors and public entities alike should review internal procedures, contract templates, approval thresholds, and documentation standards to ensure compliance with the current statutory framework.

In short, what may once have been standard protective language in public construction contracts may no longer provide adequate protection under Florida’s updated laws. Careful review and proactive revision of procurement processes and contract provisions are essential to align with the evolving legal landscape and to avoid unintended financial exposure.

The ABC's of slip and fall accidents in Florida

We all (or at least the non-millennials among us) remember the ads from the 80's and 90's of a lonely elderly woman who falls alone in her bathroom, reaches for her life support necklace, and cries, "Help! I've fallen and I can't get up!"

Fast forward to today, where we are not only advancing in age but our parents and our grandparents are as well, and suddenly that old commercial doesn't seem so funny, does it?

Unfortunately, slip and fall accidents are far too common and are no laughing matter. They can result in serious injury to both young and old. With that in mind, The Dempsey Law Firm, P.A. has taken the time to compile some important information about slip and fall accidents in Florida.

Slip and falls happen all the time in Florida. In many of the very same, ordinary places we all go everyday, there are hidden dangers which can cause serious bodily injury. Whether its the grocery store or the mall, the ball game or the ballet, accidents can happen on stairs, slippery floors and unseen objects. When you slip and fall in Miami or Fort Lauderdale, you need to be able to prove your case to recover for your injuries

The first hurdle to overcome is whether the owner of the property could have prevented the accident. While we all have a duty to act as a reasonably prudent person, to be responsible and aware of our surroundings and take all proper precautions. Property owners have a duty to ensure that their property is safe from any reasonably foreseeable dangers, and to take any reasonable steps to make sure there are no dangerous conditions on the property. Florida judges are tasked with determining whether property owners act negligently with regard to keeping their property safe for the public.

There are a few requirements that must be met in order to recover for a slip and fall in Florida, including:

• Whether the property owner knew or should have known of the dangerous condition which caused the injury

• Whether the property owner knew and failed to take any action to fix the dangerous problem, or whether the owner should have known but failed to take any preventative action.

• Whether the property owner caused the dangerous condition

• Was the property owner negligent in maintaining his property?

Not only do you have to show that the property owner is liable for your injuries, but you must prove that you the injured acted with reasonableness, and that it is not unreasonable to think the dangerous condition could have been fixed or prevented. Factors to consider include:

• How long was the dangerous condition in place prior to your accident?

• What kind of inspections, cleaning practices and other safeguards are in place at the property?

• If it was an unseen object which caused the fall, was there a legitimate reason for the object to be where it was? And, is it reasonable to think that object could have caused your fall? I.e., you didn't trip over a bird feather, did you?

One more piece of important information to know is that you could be found not only partially at fault for your own injury, but you could be found completely at fault for your injury.  That would mean that you could fail to recover any compensation for your injuries and happens depending on what you were doing at the time of the accident. Why you were on the property? Were there any posted warnings? Were you participating in dangerous activities?.

The smart step to take is to contact an experienced, Pembroke Pines personal injury attorney who can advise you on your rights, and on how to get you on the road to recovery.

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Automobile accident tips for Florida drivers

Living in South Florida can seem like a dream, until you get stuck in traffic on I-95, I-75 or the SR-826 Palmetto Expressway. Bumper to bumper traffic jams are all too common throughout the greater Miami area, and even commonly occur from Broward through Palm Beach County.

And the only thing worse than sitting in traffic is being the cause of traffic. 

If you or a friend or a loved one have been involved in an automobile accident, there are several vital pieces of information to keep in mind and we've listed a few steps below to take to protect your right to recovery:

1. If you are anyone in your vehicle, or the other vehicle(s), was injured, call 911 right away and request medical assistance. 

2. Stay out of oncoming traffic and try to move yourself, and if possible without risk of further injury, the vehicles out of the travel lanes.  

3. Call the police to report the accident. The sooner you call, the sooner the police can arrive to write up,  the accident report, ensure the safety of the accident victimsand get you on your way.

4. Provide as much detailed information as possible to the reporting officer. Write down or record the officer's department, name, badge number and a copy of the police report.  

5. This is South Florida and we all know it gets hot and tempers can flare. That being said, if you can see the other driver or passengers getting angry or violent at the scene, stay in your vehicle and wait for the police. However, if you feel safe and can communicate civilly with the adverse parties, kindly ask for and record their names, addresses, telephone numbers, license plate numbers, automobile insurance company name and policy number, driver license numbers and the names and contact information of any potential witnesses.

6. In today's world many of us have the luxury of smartphones in our pockets. Take advantage of technology and take photos and even video of the scene, the vehicles, any visible damage, injuries and the road conditions.  

7. If you haven't already called an ambulance because you felt ok enough initially at the scene, be sure to monitor your body. Oftentimes in accidents our adrenaline gets pumping and our bodies can mask what could later develop into pain, soreness or worse. Be safe and smart, seek prompt medical attention as you may be injured and not even know it yet. The State of Florida requires that all drivers carry up to $10,000.00 in personal injury protection benefits, or PIP, as part of the No Fault laws in Florida. You're already paying for it so you may as well use it. Additionally, if you do not seek medical attention with fourteen (14) days after an accident, you can those benefits. If you do not have an emergency medical condition proscribed, you could be limited ton$2,500.00 in PIP benefits. Play it safe and get checked out asap.

8. It's wise to consult an experienced auto accident attorney before providing any statements to, or negotiating with, the insurance companies. Those companies are looking out for their and their insured's best financial interests. Who do you have on your side? By working with an attorney you can avoid signing away your right to possible monetary recovery for your injuries.  

9. If you do choose to speak to a lawyer, you and your lawyer can negotiate with the insurance companies so long as you have not signed or agreed to anything until it has been properly reviewed by an experienced attorney.  

10. Once you choose to seek the help of an attorney and you wish to seek medical treatment for your injuries, file your claim. Then, follow all instruction and direction from the qualified medical personnel treating you to ensure proper recovery from your injuries. Do not wait to exercise your rights, as too much time passing could lead to a passing of the statute of limitations and a lost opportunity to recover compensation for your injuries. Contact The Dempsey Law Firm, PA today to learn more.