Florida unlicensed contractors pose serious legal and financial risks to property owners and businesses across the state. Florida law strictly regulates construction professionals through the Department of Business and Professional Regulation (DBPR), and hiring unlicensed contractors can expose owners to civil fines, administrative penalties, and liability for unsafe or substandard work. 

Business transaction lawyers can guide businesses through proper contractor verification processes and contract negotiations. Don’t gamble with unlicensed contractors. The risks far outweigh any perceived savings in your construction projects.

Understanding Florida Unlicensed Contractors

Florida unlicensed contractors are individuals or businesses performing construction, renovation, or repair work without proper state licensing credentials. These contractors operate outside the legal framework established by Florida law, lacking the necessary permits, certifications, and regulatory oversight required for construction activities.

Common Misconceptions About Hiring Unlicensed Contractors

Many property and business owners fall victim to dangerous misconceptions about hiring unlicensed contractors:

• Lower costs equal better value: While initial quotes may appear attractive, unlicensed contractors often result in expensive repairs and legal complications
• “Simple jobs don’t require licenses”: Florida law mandates licensing for virtually all construction work, regardless of project size.
• Verbal agreements provide adequate protection: Unlicensed contractors cannot legally enforce contracts, leaving property owners without recourse.

These misconceptions create significant exposure to liability, financial loss, and regulatory violations that can impact both residential and commercial property and business owners.

DBPR’s Regulatory Authority

The Florida Department of Business and Professional Regulation (DBPR) maintains comprehensive oversight of contractor licensing compliance. This agency performs multiple enforcement functions:

• Investigating complaints against unlicensed contractors
• Conducting routine inspections and audits
• Coordinating sting operations with law enforcement
• Issuing cease and desist orders
• Maintaining the official contractor license database

Business transaction lawyers frequently advise clients on compliance requirements, as violations can trigger both civil liability and criminal prosecution under Florida’s comprehensive regulatory framework.

Risks Associated with Hiring Florida Unlicensed Contractors

Hiring unlicensed contractors exposes business and property owners to significant financial and legal risks that far outweigh any initial cost savings.

Financial Exposure from Substandard Work: Unlicensed contractors often deliver work that fails to meet industry standards, building codes, or permit requirements. Owners can face costly remediation when licensed professionals must repair or replace defective work.

Insurance Coverage Gaps: Without general liability or workers’ compensation coverage, unlicensed contractors transfer risk directly to owners. This can include medical expenses for injured workers, property damage, third-party claims, and legal defense costs.

Project Delays and Cascading Damages: Code enforcement stop-work orders and the need to replace unlicensed contractors can create delays, additional carrying costs, and disruptions to project timelines. Commercial projects may also face lost rental income, lease breaches, and financing complications.

Legal Consequences for Using Florida Unlicensed Contractors

Under Florida Statute 455.228 a property or business owner who knowingly hires an unlicensed contractor can be found to be “aiding and abetting” illegal activity.

• Fines: The court can impose a civil penalty from $500 to $5,000 for each offense.
• Legal Costs: The owner may also be ordered to pay the costs of the Department of Business and Professional Regulation’s (DBPR) investigation and court proceedings.
• Licensing Risks: If the business itself holds a DBPR-issued license (such as a real estate brokerage, property management company, or construction-related firm), that license may also be subject to disciplinary action.

While unlicensed contractors face harsher penalties, the civil and administrative consequences for business owners still make hiring them a costly and risky decision.

Avoid the Risks of Florida Unlicensed Contractors: How to Verify Licenses 

Protecting yourself from Florida unlicensed contractors begins with thorough verification before any work commences. The Florida Department of Business and Professional Regulation (DBPR) provides multiple verification methods to confirm contractor credentials.

Using DBPR’s Online Portal

License verification Florida DBPR services offer the most efficient verification method:

1. Visit the DBPR website and navigate to the license search portal
2. Enter the contractor’s name or license number in the search field
3. Review the results for active license status and expiration dates
4. Verify the license classification matches your project requirements
5. Check for any disciplinary actions or complaints on record

Essential Pre-Work Requirements

Before beginning any project, Florida regulations require proper licensing and documentation. Business and property owners should:

• Request license numbers from all contractors and subcontractors
• Verify each license covers the specific trade required (electrical, plumbing, HVAC, roofing)
• Confirm licenses remain active and haven’t expired
• Document all verification steps for your records

Trade-Specific License Verification

Different construction trades require specialized licenses. For instance, electricians need electrical contractor licenses, plumbers require plumbing contractor certification, and HVAC specialists must hold mechanical contractor licenses. Roofing contractors need specific roofing endorsements on their licenses.

Reputable contractors willingly provide their license numbers upon request. Hesitation or refusal to provide licensing information serves as an immediate red flag requiring further investigation.

Contractual Issues When Dealing with Florida Unlicensed Contractors

Florida unlicensed contractors create significant legal vulnerabilities that extend far beyond simple licensing violations. State law renders contracts with unlicensed contractors fundamentally problematic, leaving business and property owners exposed to substantial financial and legal risks.

Contract Enforceability Challenges

Unlicensed contractors face limited contract enforceability under Florida law.  Courts routinely refuse to enforce agreements with unlicensed contractors, regardless of the contract’s terms or the quality of work performed. This legal principle protects the public interest but creates a paradox: while you cannot legally compel an unlicensed contractor to complete work, you may still be liable for damages they cause.

Payment Without Protection

Lien Rights Limitations

Unlicensed contractors cannot file valid construction liens against your property under Florida law. While this prevents them from claiming ownership interests, it creates financing complications. Lenders and title companies scrutinize contractor licensing status during project funding, potentially delaying or denying construction loans when unlicensed parties are involved. This restriction protects owners, but complicates project completion when unlicensed work must be redone by licensed professionals.

How to Protect Yourself From Hiring Florida Unlicensed Contractors

Protecting your business or property from unlicensed contractors in Florida starts with understanding the risks and taking proactive measures throughout your project. Licensed contractors carry proper insurance, adhere to professional standards, and offer legal recourse if problems arise. By contrast, unlicensed contractors can expose you to financial liability, substandard workmanship, and potential violations of state law.

Contract Requirements and Documentation

Written business contracts prepared by business law attorneys that spell out licensing status and insurance requirements give business owners strong, legally binding protection. They will include specific clauses requiring:

• Valid Florida contractor license for applicable trade
• General liability insurance coverage
• Workers’ compensation insurance verification
• Proof of current license status throughout project duration

Emergency Response Procedures

How to protect yourself from unlicensed contractors in Florida includes taking immediate action when violations surface. If you discover unlicensed activity, stop all work right away and carefully document your findings with photographs and written records. Next, consult a business law attorney to understand your legal options, and bring in a licensed replacement contractor to review the quality of any completed work and confirm that it meets safety and compliance standards.

Hiring a Business Law Attorney Is Critical in the Early Stages of Any Project

Hiring an experienced business law attorney to prepare and review your contracts is one of the most effective ways to protect your business from the risks associated with unlicensed contractors in Florida. Clear, legally binding contracts that specify licensing status, insurance coverage, and compliance obligations help ensure that every contractor and subcontractor meets state requirements. By taking these precautions, business owners can avoid costly fines, legal disputes, and potential liability, giving peace of mind and safeguarding both their projects and their reputation.

FAQs (Frequently Asked Questions)

What are Florida unlicensed contractors and why is it important to understand this issue?

Florida unlicensed contractors are individuals or businesses working without the proper state licenses, creating financial, legal, and quality risks for construction projects.

What risks are associated with hiring Florida unlicensed contractors?

Hiring Florida unlicensed contractors carries significant risks including financial losses from shoddy workmanship, lack of liability insurance and workers’ compensation coverage, and construction delays. Florida law makes hiring unlicensed contractors risky for property and business owners, exposing them to fines, legal costs, and potential license discipline.

How can I verify the licensing status of contractors in Florida?

You can verify contractor licenses in Florida by using the DBPR’s online portal. It is important to request license numbers from contractors before starting work and confirm their licenses are valid.  

How can I protect myself from hiring unlicensed contractors in Florida?

To protect yourself from hiring unlicensed contractors in Florida insist on written contracts specifying licensing status and insurance coverage requirements, and if an unlicensed contractor is discovered during a project, stop work immediately and consult a business attorney for guidance.

Trust our Business and Corporate Law Attorneys to Avoid the Risks with Florida Unlicensed Contractors

Engaging an experienced business and corporate transaction attorney at the start of any project is the best way to prevent problems with unlicensed contractors. Battaglia, Ross, Dicus & McQuaid, P.A. provides proactive legal guidance to Florida businesses, helping ensure that contracts, licensing, and compliance measures are properly handled from day one.

Comprehensive Business and Corporate Legal Services

Our business and corporate transaction lawyers deliver targeted solutions designed to minimize risks:

• Specialized Business Transaction Support: We assist clients in drafting and reviewing contracts that clearly specify contractor licensing, insurance coverage, and compliance obligations. This proactive approach reduces the likelihood of disputes and financial exposure down the line.
• Early Legal Guidance: Starting a project with legal oversight allows businesses to identify potential risks, verify contractor credentials, and implement protective measures before work begins. Early intervention ensures smoother projects and stronger legal safeguards.

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By pressing forward to trial, we were able to apply pressure on the tenant retailer and ultimately recover the entirety of the disputed amount owed and attorney’s fees and costs. All this without our client having to endure a trial or extended attorney fee litigation.

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The expungement process allows eligible individuals to eliminate arrests and criminal charges from their records. With the right legal guidance, you can effectively navigate this complicated process.

Our Florida criminal defense attorneys understand how important it is to have a clean record for:

• Employment opportunities
• Housing applications
• Educational prospects
• Professional licensing
• Peace of mind

The time it takes to get an expungement can vary depending on several factors, such as how complicated the case is and the schedule of the court. Generally, when an experienced Florida criminal defense attorney handles the case, it takes about 6-9 months from beginning to end.

In this article, we will discuss the specific steps and requirements involved in expunging your criminal record in Florida.

Understanding the Expungement Process in Florida

The expungement process in Florida follows specific legal guidelines under Florida Statutes. Our criminal defense team has guided countless clients through these steps:

Required Steps for Expungement

• Submit fingerprints through an approved law enforcement agency
• Obtain certified court documents related to your case
• Complete application forms from the Florida Department of Law Enforcement
• Secure notarized statements from the State Attorney’s Office
• Pay mandatory processing fees
• File court petitions in the appropriate jurisdiction

Eligibility Requirements

Florida Statutes 943.0585 and 943.059 set strict criteria for expungement eligibility:

• No prior expungements or sealings in Florida
• No adjudication of guilt in the case you want expunged
• No current criminal charges pending
• No felony convictions on your record
• Case must have been dismissed, dropped, or resulted in acquittal

Ineligible Offenses

Certain charges can’t be expunged under Florida law:

• Sexual offenses
• Child abuse
• Domestic violence
• DUI charges
• Stalking
• Voyeurism
• Most violent felonies

Any of these charges on your record will disqualify you from expungement. Many clients face disappointment attempting this process alone, unaware of these restrictions.

A thorough review of your criminal history determines eligibility. Our Florida criminal defense attorneys examine records to identify roadblocks before starting the expungement process.

The complexity makes professional legal guidance essential. We’ve helped clients find alternative options, including record sealing or administrative expungement in specific cases.

How Long After a Crime Can You Expunge Your Record in Florida?

In Florida, how long you have to wait to expunge a criminal record depends on how your case ended:

• If charges were dropped or you were acquitted: You may apply for expungement immediately—no waiting period applies if the case was dismissed, not prosecuted, or you were found not guilty.
• If adjudication was withheld (guilty/no‑contest plea): You must first petition to seal the record. Only after the record has remained sealed for at least 10 years, with no subsequent criminal activity, are you eligible to apply for expungement .
• If you were convicted: In almost all cases, convictions cannot be expunged in Florida . Sealing may still be possible under limited programs, but expungement is off the table.

Keep in mind, you can only expunge one criminal record in your lifetime in most cases.

Applying for Certificate of Eligibility

The Florida Department of Law Enforcement (FDLE) plays a central role in the expungement process. This state agency maintains criminal history records and reviews all expungement applications.

A Certificate of Eligibility serves as your gateway to expungement. Here’s what you need to submit to FDLE:

• A certified copy of the final disposition of your case
• A set of fingerprints taken by law enforcement
• A completed application form
• Processing fee of $75
• Certified statement from the State Attorney’s office

Our Florida criminal defense attorneys streamline this process by:

• Pre-screening your documents for accuracy
• Ensuring proper completion of all forms
• Coordinating with law enforcement for fingerprinting
• Following up with FDLE on application status

The FDLE typically takes 12 weeks or more to process applications. During this time, we maintain communication with FDLE staff to address any questions about your application.

After receiving your Certificate of Eligibility, we prepare and file a petition with the court, detailing why your case qualifies for expungement and including:

• Certificate of Eligibility
• Supporting documentation
• Sworn affidavit
• Proposed order for the judge

An experienced Florida criminal defense attorney is invaluable at this stage. Many self-filed petitions are rejected due to technical errors or missing information. Our team ensures your petition meets court requirements and presents your case effectively.

Once filed, the court clerk assigns your petition to a judge for review. Your Florida criminal defense attorney then coordinates with the court to schedule a hearing if needed.

Court Approval & What Happens After: Sealing vs. Expunging in Florida

Getting court approval is a pivotal step. A judge must review your petition and sign a court order before any sealing or expungement takes effect. Your attorney’s role is key—well-crafted petitions and thorough case presentation increase the odds of success.

Sealed Records

• Remain in existence but are removed from public access
• Visible only to specific agencies, including law enforcement and courts
• Not accessible to private employers or the public
• You typically may deny the arrest in most everyday contexts

Expunged Records

• Considered physically destroyed or obliterated, except for confidential retention by FDLE
• Removed from public access almost entirely
• Even most government agencies cannot access the full record without a court order
• This is the strongest form of record relief available

What Happens After the Judge Signs the Order

• Court clerk distributes certified copies of the order to the State Attorney’s Office, arresting agency, FDLE, and any other relevant entities
• Agencies have up to 60 days to seal or expunge the record. Most comply much sooner—often within a few weeks
• FDLE forwards orders to the FBI and updates its own systems

Within 48 hours to a few days, the court record is updated. Full implementation across all agencies may take weeks to two months, depending on the backlog .

The Real-Life Impact

• Your record will disappear from background checks, court systems, and public record services
• Removing public access can improve employment chances, housing eligibility, licensing, and educational applications
• With the strongest form of relief (expungement), you can usually deny the arrest happened

Timeline and Duration of Expungement Process in Florida

In Florida, the expungement process typically takes six to nine months, depending on the complexity of the case and court scheduling.

Step 1: Certificate of Eligibility
You must first apply to the Florida Department of Law Enforcement (FDLE) with fingerprints, court documents, and a statement from the State Attorney’s Office. FDLE processing usually takes about three months, though delays may extend it to four to six months.

Step 2: Court Petition
After receiving your certificate, your attorney files a petition with the court. Judicial review generally takes 30 to 90 days. Some cases are approved without a hearing; others may require one.

Step 3: Record Clearance
Once the judge signs the order, state agencies have up to 60 days to seal or expunge the record. Most comply sooner.

Factors That Can Delay the Process
Court backlogs, incomplete paperwork, or multiple charges can increase processing time.

How to Stay on Track
Submit accurate, complete documents and track all deadlines. An experienced expungement attorney can help you avoid common mistakes and keep your case moving forward.

Juvenile Records and Special Circumstances in Expungement Cases

Florida law provides several options to expunge juvenile records, helping young people move forward without a lasting criminal history.

Most juvenile records are automatically expunged at age 21. For those committed to a facility or classified as serious or habitual offenders, expungement occurs at age 26. Automatic expungement only applies if there are no adult convictions and no adjudication for a forcible felony.

Florida also allows early expungement between ages 18 and 21 if the individual has remained crime-free for five years and the offense was committed before age 18. Early expungement requires approval from the State Attorney’s Office.

Another option is diversion program expungement. Juveniles who complete an eligible pre- or post-arrest diversion program may apply to expunge the related arrest record. The application must be submitted within six months of program completion and must include certification from the State Attorney.

To qualify for expungement, individuals must submit certified court records, fingerprint cards, and supporting documentation. Expungement is not available for serious violent offenses, transfers to adult court, or if new charges occurred within the past five years.

A Florida criminal defense attorney can help determine eligibility and ensure all legal requirements are properly met.

Why Expert Guidance from a Florida Criminal Defense Attorney Matters During the Expungement Process

The expungement process requires careful attention to detail and a strong understanding of the law. Even a small mistake on your application can result in delays or denial of your request to have your criminal record sealed.

Our Florida criminal defense attorneys have the knowledge and experience needed to handle your case effectively:

• Document Preparation: We make sure all forms are completed accurately and submitted with the necessary supporting documents
• Legal Analysis: We examine your case to identify potential issues before they become problems
• Timeline Management: We keep track of deadlines and follow up with relevant agencies
• Strategic Guidance: We provide advice on the best approach based on your specific situation

Many clients who try to go through the expungement process without legal assistance encounter unnecessary obstacles. Some common mistakes include:

• Missing important documents
• Submitting incorrect forms
• Misunderstanding eligibility requirements
• Failing to meet strict deadlines

A skilled Florida criminal defense attorney is there to protect your interests throughout the entire process. We have successfully helped many clients navigate Florida’s expungement system, making complex legal procedures easier to understand and manage.

Contact Us for a Free Consultation

Don’t let a criminal record hold you back from future opportunities. Our experienced legal team has helped countless Florida residents successfully navigate the expungement process.

We offer a free consultation to discuss your case and determine your eligibility for expungement. During this meeting, we’ll:

• Review your criminal record
• Assess your eligibility for expungement
• Create a customized legal strategy
• Explain the process in simple terms
• Answer all your questions

Our track record speaks for itself. We’ve helped clients from all walks of life clear their records and move forward with confidence. Take the first step toward a clean slate. Contact us today to schedule your free consultation.

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At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve seen these changes firsthand. As experienced Florida business attorneys, we help both employers and employees navigate this shifting landscape.

Understanding your rights under current non-compete laws is more important than ever. Here’s what you need to know.

What Are Non-Compete Agreements?

A non-compete agreement is a contract. It stops someone from working for a competitor or starting a similar business for a set time after leaving a job.

These agreements are meant to protect business interests like:

• Trade secrets
• Customer relationships
• Company training and investments
• Business goodwill

But in 2025, non-compete laws are facing more limits than ever before. Courts are looking at them more closely. Lawmakers are adding protections for workers.

Why Are Non-Compete Laws Changing?

More people are speaking out against unfair restrictions. Workers want the freedom to change jobs or start their own businesses. Employers want to keep their investments safe, but there’s a balance to strike.

As Florida business attorneys, we’ve helped many professionals stuck in unfair contracts. We’ve also guided business owners who need to protect their client base and confidential information.

That’s why the law is evolving. The goal is to protect both sides fairly.

What’s Happening at the Federal Level?

In 2024, the Federal Trade Commission (FTC) proposed a nationwide ban on non-compete agreements. The idea was to increase worker freedom and market competition.

But legal challenges slowed the plan. In early 2025, a court issued an injunction that paused the FTC’s rule. So, for now, non-compete laws remain up to each state.

The Department of Justice and the Biden administration also keep pushing to limit these contracts. They’ve flagged non-competes as harmful to innovation and job growth.

You can read more about the FTC’s rule proposal here.

What Florida Law Says About Non-Competes

Florida still allows non-compete agreements, but with rules. The agreement must:

• Protect a legitimate business interest
• Be reasonable in time, area, and scope
• Not be overly broad or unfair to the employee

Examples of legitimate business interests in Florida include:

• Specialized training paid for by the employer
• Client lists or key customer relationships
• Confidential information not known to the public

Florida courts often uphold non-competes if these conditions are met. But we’ve seen cases fall apart when employers push the limits.

If you’re an employer, we can help you draft an enforceable contract. If you’re an employee, we’ll help you understand what your agreement really means.

You can also explore more about our employment law practice and how we support both sides.

The Role of Consideration in Florida Non-Competes

In Florida, there must be “consideration” for a non-compete to be valid. That means the employee must receive something in exchange. For new hires, the job offer usually counts.

For current employees, the employer may need to offer a promotion, raise, or bonus. Without proper consideration, the non-compete may not be enforceable.

We help businesses ensure their agreements meet this standard. We also help workers who signed non-competes without receiving anything in return.

How Long Can a Florida Non-Compete Last?

Florida courts look at how long a non-compete lasts. In most cases, six months to two years is considered reasonable.

Longer time limits can raise red flags. Courts often strike down contracts that go too far. We’ve seen many employers lose cases because their agreements were too strict.

Our team works with clients to set time limits that are fair, legal, and enforceable.

What Areas Can Be Restricted?

Geographic restrictions must also be reasonable. For example, a Tampa-based business shouldn’t try to block a former employee from working anywhere in Florida or beyond—unless they truly operate in those areas.

The more narrowly tailored the area, the better. Courts prefer agreements that focus on where real business is done. We guide employers on how to define fair geographic boundaries.

Common Mistakes in Florida Non-Competes

Here are a few mistakes we often see:

• Using a one-size-fits-all agreement for every employee
• Failing to update contracts over time
• Including vague or overly broad language
• Not providing something of value in return for the agreement

Whether you’re writing your first agreement or reviewing an old one, we can help you avoid these traps.

Non-Solicitation vs. Non-Compete Agreements

Some employers may not need a full non-compete. A non-solicitation agreement may offer enough protection. This type of contract stops former employees from contacting your clients or staff.

Courts are more likely to enforce non-solicitation clauses than broad non-competes. They protect key relationships without blocking someone’s career path.

As Florida business attorneys, we help companies choose the right option for their needs.

Why This Matters to Job Seekers and Employees

Many professionals don’t realize they’ve signed a non-compete until it’s too late. Others are afraid to leave a job because of legal threats.

In 2025, employees need to be more aware than ever. Here’s what we recommend:

• Ask for a copy of any contract before you sign
• Don’t be afraid to ask questions about what’s included
• Contact a Florida business attorney if you’re unsure what the agreement means

We’ve helped countless workers negotiate better terms or get out of unreasonable contracts.

We also help clients respond to cease-and-desist letters or lawsuits. Many times, we can resolve the issue without going to court. Quick legal action makes a big difference in these cases.

What Business Owners Need to Know

Employers still have tools to protect their business. But outdated or aggressive non-competes can do more harm than good.

Here’s what we advise employers in 2025:

• Use clear, simple language in agreements
• Focus restrictions on real risks, not just competition
• Offer something of value in return for the agreement
• Keep contracts updated to match new legal interpretations

We’ve worked with many Florida businesses to build strong agreements that stand up in court.

You can also read our guide to business law services to learn more about protecting your company.

What Courts Look for in 2025

In our experience, courts reviewing non-competes now ask:

• Is the time limit reasonable?
• Does the agreement cover too broad a geographic area?
• Does it match the employee’s actual job duties?
• Is the employer really protecting something important?

Florida courts are generally business-friendly, but they still require fairness. Vague or overly broad restrictions may not hold up. We’ve seen many agreements fail because the employer didn’t show real harm from the competition.

For a broader view of worker rights and employer obligations, check out this helpful resource by the Department of Labor.

Employee Best Practices

If you’re asked to sign a non-compete, consider:

• Taking time to review the agreement
• Asking for clarification on unclear terms
• Consulting a Florida business attorney before signing

If you’re leaving a job and already bound by a non-compete:

• Don’t ignore the contract
• Avoid taking clients or using confidential info
• Speak to an attorney before joining a competitor

We help clients evaluate the risks and respond with a smart plan. Being proactive can save you from costly mistakes later.

Why Expert Guidance From a Florida Business Attorney Matters

Non-compete laws are changing fast. Mistakes can cost your job or business.

At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve been serving the Tampa Bay area since 1958. Our team of Florida business attorneys knows how to:

• Review contracts quickly and clearly
• Draft fair, enforceable non-competes
• Fight for your rights in and out of court
• Stay current on state and federal changes

We’ve handled hundreds of employment and business contract cases. Whether you’re an employee or employer, we’ll help you make smart legal decisions.

We work closely with clients to understand their goals and risks. Every case is different, so we tailor our advice to fit your needs. That’s what sets us apart.

Reach Out to Our Firm for a Free Consultation

If you’re unsure about a non-compete agreement, don’t wait. Get trusted legal advice today.

At Battaglia, Ross, Dicus & McQuaid, P.A., we offer free consultations for employment and business contract matters. Our attorneys will listen, answer your questions, and guide you through your next steps.

Our history of legal excellence spans more than 65 years. We’ve earned the trust of professionals, business owners, and families across Florida.

Contact us to schedule your consultation. We’re here to help you protect your rights and your future.

Let’s work together to find the best path forward for you or your business.

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Common Issues With Bad Contractors

• Incomplete Work: You may be left with a half-finished project that disrupts your daily life or renders parts of your property unusable.
• Poor Quality: Subpar work may require additional repairs or even a complete redo, increasing costs and delays.
• Financial Losses: Paying for materials or services you didn’t receive can create significant financial burdens.
• Delays: An unfinished project can derail timelines, especially for renovations tied to critical life events or business needs.

Common Red Flags When Hiring Contractors

• Reluctance to Provide References: Reputable contractors should have a list of satisfied clients.
• Lack of Licensing or Insurance: Verify the contractor’s credentials with the Florida Department of Business and Professional Regulation (DBPR).
• Unclear Contracts: A poorly written contract may indicate inexperience or a lack of professionalism.

How to Handle Mechanic’s Liens Filed by Contractors

Steps to Address a Mechanic’s Lien

1. Verify the Lien: Ensure the lien is legitimate. In Florida, contractors must meet specific requirements, such as providing proper notice before filing.
2. Dispute the Lien: If the lien is invalid or unwarranted, you can file a formal contest to have it removed.
3. Consult an Attorney: A Florida litigation attorney can help you navigate the complexities of disputing or negotiating the lien.

Step 1: Review Your Contract

• Scope of Work: Does the contract detail the work to be performed?
• Payment Terms: Are payments tied to specific milestones or progress markers?
• Termination Clauses: Does the contract outline what happens if either party fails to fulfill their obligations?
• Dispute Resolution: Does the contract specify mediation, arbitration, or litigation for resolving disputes?

Step 2: Document Everything

• Signed Contracts: Keep a copy of all agreements.
• Payment Records: Save receipts, canceled checks, or bank statements showing payments made.
• Photos of Incomplete Work: Document the current state of the project.
• Communication Records: Retain emails, text messages, or voicemails between you and the contractor.
• Witness Statements: If others witnessed interactions or project discussions, their accounts may be valuable.

Step 3: Seek Legal Assistance to Resolve the Issue

• Evaluate Your Case: Your attorney will review the contract, payment records, and any communications to assess the strength of your position.
• Draft Formal Communications: A certified letter from an attorney outlining the problem and demanding a resolution can carry more weight than one sent by a homeowner.
• Propose Mediation with Legal Support: An attorney can represent you in mediation, ensuring your interests are protected and guiding the discussion toward a fair compromise.

Step 4: File a Complaint

• Florida Department of Business and Professional Regulation (DBPR): The DBPR investigates licensing violations and can impose penalties.
• Better Business Bureau (BBB): Filing a complaint with the BBB may pressure the contractor to resolve the issue.
• Consumer Protection Agencies: State and local agencies can provide additional resources or mediation services.

Step 5: Hire a New Contractor

• Verify Licensing and Insurance: Ensure the new contractor is properly credentialed.
• Check References and Reviews: Speak with past clients to gauge reliability and quality.
• Use a Detailed Contract: Clearly define the scope of work, payment terms, and deadlines.

Florida Laws Protecting Homeowners Against Bad Contractors

• Licensing Requirements: Contractors must be licensed to perform certain types of work.
• Insurance Coverage: Contractors must carry liability insurance to protect clients from financial loss.
• Building Code Compliance: Work must meet local and state building codes.

When Mediation or Arbitration May Be the Right Option

• Mediation: A neutral mediator helps both parties reach a mutually agreeable solution.
• Arbitration: An arbitrator hears both sides and makes a binding decision.

Step 6: Pursue Legal Action

• Breach of Contract Claims: Recover payments made for incomplete or defective work.
• Negligence Claims: Hold the contractor accountable for damages caused by poor workmanship.
• Mechanic’s Lien Defense: Contest improperly filed liens that cloud your property title.

How to Recover Additional Damages

• Emotional Distress: Compensation for the stress caused by the contractor’s actions.
• Temporary Housing Costs: If incomplete work forces you to leave your home.
• Legal Fees: Some cases allow for the recovery of attorney’s fees if you prevail.

How Florida Litigation Attorneys Handle Contractor Disputes

Why Expert Guidance from an Attorney Matters

• Evaluate Your Case: Review your contract, evidence, and options.
• Handle Legal Proceedings: Manage complaints, filings, and court appearances.
• Maximize Compensation: Recover financial losses and additional damages.
• Protect Your Rights: Ensure you’re not taken advantage of by unscrupulous contractors.

Contact Us for a Free Consultation

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Florida Rules of Civil Procedure

Trials

The Small Claims Rules also provide the following in regards to trials:

1. Time. The trial date shall be set by the court at the pretrial conference.
2. Determination. Issues shall be settled and motions determined summarily.
3. Pretrial. The pretrial conference should narrow contested factual issues. The case may proceed to trial with the consent of both parties.
4. Settlement. At any time before judgment, the judge shall make an effort to assist the parties in settling the controversy by conciliation or compromise.
5. Unrepresented Parties. In an effort to further the proceedings and in the interest of securing substantial justice, the court shall assist any party not represented by an attorney on: (1) courtroom decorum; (2) order of presentation of material evidence; and (3) handling private information.
6. How Conducted. The trial may be conducted informally but with decorum befitting a court of justice. The rules of evidence applicable to trial of civil actions apply but are to be liberally construed. At the discretion of the court, testimony of any party or witness may be presented over the telephone. Additionally, at the discretion of the court an attorney may represent a party or witness over the telephone without being physically present before the court. Any witness utilizing the privilege of testimony by telephone as permitted in this rule shall be treated for all purposes as a live witness, and shall not receive any relaxation of evidentiary rules or other special allowance. A witness may not testify over the telephone in order to avoid either the application of Florida’s perjury laws or the rules of evidence.

Florida Small Claims Rules

1. Rule 7.010: Title and Scope
2. Rule 7.020. Applicability of Rules of Civil Procedure
3. Rule 7.040. Clerical and Administrative Duties of Clerk
4. Rule 7.050. Commencement of Action; Statement of Claim
5. Rule 7.060. Process and Venue
6. Rule 7.070. Method of Service of Process.
7. Rule 7.080. Service and Filing of Pleadings and Documents Other Than Statement of Claim
8. Rule 7.090. Appearance; Defensive Pleadings; Trial Date
9. Rule 7.100. Counterclaims; Setoffs; Third-Party Complaints; Transfer When Jurisdiction Exceeded
10. Rule 7.110. Dismissal of Actions
11. Rule 7.130. Continuances and Settlements
12. Rule 7.135. Summary Disposition
13. Rule 7.140. Trial
14. Rule 7.150. Jury Trials
15. Rule 7.160. Failure Of Plaintiff Or Both Parties To Appear
16. Rule 7.170. Default; Judgment
17. Rule 7.175. Costs and Attorneys’ Fees
18. Rule 7.180. Motions for New Trial; Time for; Contents
19. Rule 7.190. Relief from Judgment or Order; Clerical Mistakes
20. Rule 7.200. Executions
21. Rule 7.210. Stay of Judgment and Execution
22. Rule 7.220. Supplementary Proceedings
23. Rule 7.221. Hearing in Aid of Execution
24. Rule 7.230. Appellate Review

Forms

The Florida Small Claims Rules provides the following forms for litigants:

1. Form 7.310. Caption
2. Form 7.315. Designation Of E-Mail Address For Party Not Represented By An Attorney
3. Form 7.316. Change Of Address
4. Form 7.322. Summons/Notice to Appear for Pretrial Conference
5. Form 7.323. Pretrial Conference Order And Notice Of Trial
6. Form 7.330. Statement Of Claim (Auto Negligence)
7. Form 7.331. Statement Of Claim (For Goods Sold)
8. Form 7.332. Statement Of Claim (For Work Done And Materials Furnished)
9. Form 7.333. Statement Of Claim (For Money Lent)
10. Form 7.334. Statement Of Claim (Promissory Note)
11. Form 7.335. Statement Of Claim (For Return Of Stolen Property From Pawnbroker)
12. Form 7.336. Statement Of Claim For Replevin (For Return Of Personal Property/Weapon From Government Entity)
13. Form 7.337. Statement Of Claim (Account Stated)
14. Form 7.340. Final Judgment
15. Form 7.341. Execution
16. Form 7.342. Ex Parte Motion And Order For Hearing In Aid Of Execution
17. Form 7.343. Fact Information Sheet
18. Form 7.344. Order To Show Cause
19. Form 7.345. Stipulation For Installment Settlement, Order Approving Stipulation, And Dismissal
20. Form 7.347. Satisfaction Of Judgment
21. Form 7.350. Authorization To Allow Employee To Represent Business Entity At Any Stage Of Lawsuit
22. Form 7.351. Format For Defendant’s Motion
23. Form 7.352. Defendant’s Motion To Continue
24. Form 7.353. Defendant’s Motion To Invoke The Rules Of Civil Procedure

Contact the Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.

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At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve helped many clients navigate this exact situation. Whether it’s former partners, business associates, or co-investors, a partition action can help resolve disagreements when emotions and money are involved.

This guide explains what a partition action is, who it’s for, how it works, and what to expect.

What Is a Partition Action?

A partition action is a legal process used to divide real estate among co-owners who can’t agree. It allows any co-owner to ask the court to divide or sell the property.

Under Florida law, anyone who owns a share in a property has the right to file a partition lawsuit. You don’t need permission from the other owners to start the process.

Common Situations That Lead to Partition Actions

Partition actions aren’t just for one type of property. We’ve seen them in many real-life situations, including:

Unmarried Romantic Partners

Couples often buy a house together but never marry. If the relationship ends, things can get complicated. Who keeps the house? Who pays the mortgage? When emotions run high, a partition action can bring clarity.

Friends or Family Members

Sometimes friends or siblings inherit property together. Other times, they go in on a vacation home or investment property. When they stop agreeing, one may want out. A partition action can help split the asset fairly.

Business Partners

Businesses sometimes own real estate together. But if the business dissolves or partners fall out, the property needs to be divided. That includes office buildings, warehouses, or commercial land.

Investment Groups

Real estate investors sometimes pool money to buy a property. If the deal goes south or someone wants their money back, a partition action may be the only path forward.

In all of these cases, a Florida real estate attorney can help evaluate your options.

Who Can File a Partition Action in Florida?

Anyone who owns part of a property can file. You don’t need to own half. Even if you only own 10%, you still have legal rights.

Some key requirements:

• You must be a legal owner (on the deed)
  
• The property must be jointly owned with one or more people
  
• You must be unable to reach an agreement with the other owners
  

Note: If the co-owners are married, the matter usually goes to family court during divorce—not through a partition action.

Types of Properties That Can Be Partitioned

Partition actions in Florida can involve many types of real estate, including:

• Single-family homes
  
• Condos or townhomes
  
• Commercial buildings
  
• Undeveloped land
  
• Investment or rental properties
  

Our Florida real estate attorneys have worked with all types of property owners. We understand the unique issues each type can bring.

How Does a Partition Action Work?

Partition actions follow a clear legal process in Florida.

Step 1: File the Lawsuit

One co-owner files a complaint in civil court. It explains who owns the property and why a split is needed.

Step 2: Serve the Other Owners

All co-owners must be notified. They have the chance to respond, agree, or fight the action.

Step 3: The Court Decides the Method

There are two ways the court can divide the property:

• Partition in kind — The property is physically split between owners. This works best for land or multi-unit properties.
  
• Partition by sale — The property is sold, and profits are divided. This is more common, especially with single-family homes.
  

The court usually orders a sale when the property can’t be fairly divided.

Step 4: The Sale Happens

If the court orders a sale, the property is sold through a public auction or private sale. Proceeds are then split among the owners based on their share.

Step 5: Expenses and Credits

Before the money is divided, the court may adjust for:

• Repairs or improvements made by one owner
  
• Mortgage payments made by one party
  
• Property taxes or upkeep costs
  

A Florida real estate attorney can help you make sure you get credit for your contributions.

Example: Partition of a Home After a Breakup

Let’s say two people buy a house together as romantic partners. Both names are on the deed. Years later, they break up. One wants to sell, and the other refuses.

In this case, the person who wants out can file a partition action. The court will likely order the home sold and divide the proceeds. If one person paid most of the mortgage or repairs, they may get a larger share.

Example: Commercial Property Dispute Between Business Owners

Two business partners co-own an office building. Their business shuts down, but they can’t agree on what to do with the building.

One files a partition lawsuit. Since the property can’t be split, the court orders it sold. Each partner receives their share after debts and costs are handled.

These examples show how a Florida real estate attorney can protect your rights in emotionally and financially charged situations.

Can You Stop a Partition Action?

Sometimes. If all parties can come to an agreement, you may avoid going to court.

Options include:

• Buying out the other owner’s share
  
• Agreeing to sell the property voluntarily
  
• Creating a written agreement with clear terms
  

Courts often encourage mediation before trial. If both parties are willing, mediation can lead to creative solutions that keep you out of court. For example, you might agree to a structured buyout over time, or refinance the property in one party’s name.

But once the lawsuit is filed, it’s hard to stop unless everyone agrees. That’s why legal advice early on is so important.

How Courts Handle Disagreements About Expenses

In many partition cases, one owner has paid more toward the mortgage, property taxes, or repairs. These payments can become major points of dispute.

When the court orders a sale, it can adjust the division of proceeds to reflect individual contributions. For example, if one owner spent $15,000 on roof repairs, they may be reimbursed before the remaining profits are split.

But the court won’t assume anything. You’ll need detailed records—like receipts, invoices, and proof of payment—to show your investment in the property. A Florida real estate attorney can help you organize the right evidence and present it effectively.

What to Expect in a Partition Lawsuit

A partition lawsuit can take months to resolve. A real estate litigationtimeline depends on how complex the case is and how cooperative the parties are.

Here’s what you should expect:

• Respond to legal filings and court notices promptly
  
• Provide documentation of ownership, payments, and expenses
  
• Attend mediation if the court requires it
  
• Cooperate with appraisers, realtors, or court-appointed referees
  
• Be prepared for court if a settlement isn’t reached
  

Some cases settle quickly. Others go to trial. Costs include filing fees, legal fees, and possibly appraisal or sale costs.

Working with an experienced Florida real estate attorney can help move the process along and avoid costly mistakes.

Pros and Cons of a Partition Action

Here’s a quick breakdown:

Pros:

• Forces a resolution when talks fail
  
• Ensures you receive your share of the property
  
• Can credit you for expenses you covered
  

Cons:

• Can be expensive and time-consuming
  
• Might strain relationships further
  
• Property is often sold, even if someone wants to keep it
  

Frequently Asked Questions About Partition Actions

Can I force a partition if the other owner lives in the home?

Yes, but the case can be more complicated. Courts may allow the resident to stay temporarily or may require them to pay rent to the other owner.

How long does a partition lawsuit take?

It depends. Some settle in a few months. Others may take a year or more, especially if the property is hard to value or sell.

Will I get back what I paid into the house?

Possibly. Courts can reimburse owners who paid for mortgage, taxes, or improvements—but you must have documentation.

Can we sell the property ourselves without going to court?

Yes. A voluntary sale is usually faster and cheaper. But it requires everyone to agree and skilled Florida real estate attorneys.

How to Avoid a Partition Dispute

Good planning goes a long way. Before buying property with others, consider:

• Creating a written agreement outlining rights and responsibilities
  
• Deciding what happens if one person wants to sell
  
• Keeping records of who pays for what
  

You can avoid many disputes with a simple co-ownership agreement. A Florida real estate attorney can help draft one before problems arise.

Why Expert Guidance from an Attorney Matters

Partition actions can get messy. They involve personal conflict, large sums of money, and legal complexity.

Our Florida real estate attorneys understand the law and how to apply it. We know what judges look for. And we know how to gather the right evidence to protect your share.

We also understand the emotional side. We’ll walk you through your options and help you make informed decisions.

Whether you’re trying to resolve a dispute or prevent one, we’re here to help.

Talk to Battaglia, Ross, Dicus & McQuaid, P.A. for a Free Consultation

If you’re dealing with a real estate dispute, don’t wait. Talk to a Florida real estate attorney who understands your situation.

At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve built a reputation for honest, smart, and practical legal help. Our team brings decades of experience in Florida real estate law.

We’ve helped property co-owners resolve disputes and reach fair outcomes—both in and out of court.

Here’s what you can expect:

• A free consultation
  
• Clear legal advice
  
• A plan based on your goals
  
• Personal, responsive service from a trusted team
  

Reach out now to get started with your free consultation.

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1. interrogatories
2. requests for production
3. requests for admissions

Interrogatories

Florida Rule of Civil Procedure 1.340 – Interrogatories to Parties – provides that a party may serve on any other party written interrogatories. Interrogatories may be served on the plaintiff anytime after the action commences and upon any other party with or after the service of process.

The amount of interrogatories are not to exceed thirty, including all subparts, unless the court permits a larger number upon a motion and if the movant establishes good cause.

Each interrogatory must be answered fully in writing and separately. The answers must be verified (made under oath) unless the interrogatory request is objected to. If the responding party objects to the interrogatory, the objection must be stated and signed by the attorney making the objection.

Unless the court allows a shorter or longer period of time, answers to interrogatories are due thirty days after service, unless the defendant was served with interrogatories at the time of service of process (in which case the defendant has forty-five days to respond).

A party’s answers to interrogatories can be used to the extent permitted under the rules of evidence, unless otherwise provided in the rules of civil procedure.

A party must respond to the interrogatory by giving the information the party has any the source upon which the information is based. An answer to an interrogatory is not objectionable simply because the answer involves an opinion which relates to a fact or calls for a conclusion or asks for information not within the personal knowledge of the responding party.

Further, the Rules provides that when an answer to an interrogatory may be derived or ascertained from records, the responding party has the option of specifying the records from which the answer may be derived or ascertained and offering to give the requesting party a reasonable opportunity to examine, audit or inspect the records.

Requests for Production

1. “to produce and permit the party making the request, or someone acting in the requesting party’s behalf, to inspect and copy any designated documents, including electronically stored information, writings, drawings, graphs, charts, photographs, audio, visual, and audiovisual recordings, and other data compilations from which information can be obtained, translated, if necessary, by the party to whom the request is directed through detection devices into reasonably usable form, that constitute or contain matters within the scope of rule 1.280(b) and that are in the possession, custody, or control of the party to whom the request is directed;
2. to inspect and copy, test, or sample any tangible things that constitute or contain matters within the scope of rule 1.280(b) and that are in the possession, custody, or control of the party to whom the request is directed; or
3. to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation on it within the scope of rule 1.280(b).”

Unless the court allows a shorter or longer period of time, a response to a request for production is due thirty days after service, unless the defendant was served with the request for production at the time of service of process (in which case the defendant has forty-five days to respond).

Unless the request for production is objected to, each response shall state that inspection and related activities will be permitted as requested. If an objection is made to part of an item or category, the part that is objected to shall be identified.

Requests for Admissions

Florida Rule of Civil Procedure 1.370 provides that a party may serve upon any other party a written request for the admission of the truth of any matters set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request.

Unless the court allows a shorter or longer period of time, a response to a request for admission is due thirty days after service, unless the defendant was served with the request for admission at the time of service of process (in which case the defendant has forty-five days to respond).

Requests for admissions shall not exceed thirty requests, including all subparts. However, the court may permit a larger number upon a motion and if the movant establishes good cause.

It is important to note that the matter is admitted unless the party to whom the request is directed serves a written answer or objection within thirty days after service (or whatever time is otherwise provided in the rules).

The answer shall specifically deny the matter or set forth in detail the reasons as to why the answering party cannot truthfully admit or deny the matter. The Rules provide that if good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, then the party shall specify so much of it as is true and qualify or deny the remainder.

Further, the Rules likewise provides that an answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless that party states that that party has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny.

Contact the Attorneys at Battaglia, Ross, Dicus & Mcquaid, P.a.

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Once the defendant has answered a complaint, a common question for many litigants is whether the lawsuit can be resolved by the trial court without the necessity of a trial.

In Florida, there are two main avenues which allow the trial court to enter a judgment before the case goes to trial. These are commonly known as the trial court entering summary judgment or the trial court entering a judgment on the pleadings.

Motions for Summary Judgment

A plaintiff or defendant can file a motion for summary judgment, which asks that the trial court enter judgment as a matter of law. Motions for summary judgment can be partial, which means that the motion is attempting to have only one issue, or a set of issues, determined by the trial court instead of the entire case. Motions for partial summary judgment can thus help narrow the issues to be decided at trial. Motions for summary judgment can also seek relief for the entire case – meaning that the whole lawsuit would be resolved without having to conduct a trial.

The summary judgment procedure is set forth in Florida Rule of Civil Procedure Rule 1.510. Rule 1.510 provides that a motion for summary judgment must state the grounds upon which the motion is based with particularity and include the substantial matters of law to be argued. Rule 1.510 sets forth certain criteria for a party moving or opposing entry of summary judgment – including when a plaintiff or defendant can file a motion for summary judgment and deadlines for filing summary judgment evidence.

Summary judgment is proper where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. The burden is on the party who is moving for summary judgment to prove that there are no triable issues for the trial court. In other words, the burden is on the moving party to demonstrate that the nonmoving party cannot prevail. The courts have recognized that this is a heavy burden to meet. A party is entitled to summary judgment only if the record – which includes the pleadings, answers to interrogatories, admissions, depositions, and affidavits – show that there is no genuine issue of material fact. If there is any genuine issue of material fact (or if the record shows even the slightest possibility or doubt that an issue might exist), then summary judgment is improper.

Until the moving party meets this burden of proving the absence of a genuine issue of material fact, the nonmoving party is under no obligation to show that there are issues that need to be tried by the trial court. This means that if a movant fails to establish the nonexistence of material issues with competent evidence, the nonmoving party does not even need to set forth any evidence in opposition to the motion for summary judgment. Otherwise, the nonmoving party will generally argue that there are material facts in dispute which will need to be determined at trial in order to prevent entry of summary judgment.

Further, every possible inference must be construed in favor of the nonmoving party. If the evidence allows for differing inferences by the trial court, then the case should go to trial.

There are also certain considerations which apply when the plaintiff moves for summary judgment. For instance, if a defendant has asserted affirmative defenses, then the plaintiff must either disprove those defenses by evidence or establish that the affirmative defenses are legally insufficient. If there are any issues or facts raised by affirmative defenses which have not been properly challenged by the plaintiff, then summary judgment is improper.

Moreover, a motion for summary judgment should not be granted until the facts have been sufficiently developed to enable the trial court to be reasonably certain that there is no genuine issue of material fact. This effectively means that summary judgment should not be granted until discovery has been completed. If discovery is incomplete, then it is generally improper for summary judgment to be entered.

There are certain legal defenses and theories which are inappropriate for the trial court to consider on a motion for summary judgment. This means that summary judgment may not necessarily be appropriate in each case. However, where the determination of issues depends upon the construction of a written instrument (such as a contract) and its legal effect, this is deemed a matter of law, and the trial court may resolve this matter at summary judgment.

Motions for Judgment on the Pleadings

A motion for judgment on the pleadings can only be filed once the pleadings have “closed” – in other words, once the defendant has filed an answer.

In determining whether to enter judgment on the pleadings, the trial court is limited only to the pleadings. Thus, a motion for judgment on the pleadings is appropriate when the complaint fails to state a cause of action. The trial court uses the same legal test as the test used for a motion to dismiss a complaint for failure to state a cause of action.

When ruling on a defendant’s motion, all of the well pled allegations in the plaintiff’s complaint are taken as true. All exhibits attached to the complaint will also be considered. If there is an inconsistency between the complaint allegations and exhibits, the pleading is rendered objectionable.

Contact the Civil Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.

It is important to consult with an experienced civil litigation attorney. The civil lawyers at Battaglia, Ross, Dicus & McQuaid, P.A. have over fifty years of experience in state and federal court and have significant knowledge in resolving a wide range of litigation matters – including drafting, opposing, and arguing motions for summary judgments and motions for judgment on the pleadings. If you are in need of legal assistance, contact our skilled trial lawyers today.

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General Discovery

The Florida Rules of Civil Procedure, Rule 1.280, sets forth the general provisions governing discovery in the State of Florida.

Types of Discovery

1. Depositions upon oral examination or written questions;
2. Written interrogatories;
3. Production of documents or things or permission to enter upon land or other property for inspection and other purposes;
4. Physical and mental examinations; and
5. Requests for admission.

Standard

Privilege

Motions for Protective Order

1. “that the discovery not be had;
2. that the discovery may be had only on specified terms and conditions, including a designation of the time or place;
3. that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery;
4. that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters;
5. that discovery be conducted with no one present except persons designated by the court;
6. that a deposition after being sealed be opened only by order of the court;
7. that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way; and
8. that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court. If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery.”

If the court denies a motion for a protective order in whole or in part, the court may still order that any party or person provide or permit discovery on such terms and conditions as are just.

Electronically Stored Information

The phrase “Electronically Stored Information” refers to electronic documents.

A person may object to the production of discovery of electronically stored information from sources that are not reasonably accessible because of cost or burden. If the party seeking discovery moves to compel the discovery – or if the party responding to the discovery files a motion for protective order – then the person from whom discovery is sought must show that the information sought, or the format requested for production, is not reasonably accessible because of undue burden or cost. If the responding party makes this showing, then the requesting party can show good cause for the production. If the requesting party shows good cause, then the court may still order the production of discovery. The court may also specify conditions of the discovery, including an order that some or all of the expenses incurred by the party producing discovery should be paid by the requesting party.

Pursuant to Florida Rule of Civil Procedure 1.280, in determining any motion involving the discovery of electronically stored information, the court must limit the frequency or the extent of the discovery otherwise allowed by the rules if the court determines that:

1. “the discovery sought is unreasonably cumulative or duplicative, or can be obtained from another source or in another manner that is more convenient, less burdensome, or less expensive; or
2. the burden or expense of the discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues.”

Sequence and Timing

Supplementing Discovery

Filing Discovery

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