Florida has significantly overhauled the laws governing nonprofit corporations in the state.

CS/CS/HB 797 comprehensively revised Chapter 617 of the Florida Statutes, now called the Florida Nonprofit Corporation Act. The legislation became Chapter 2026-168 and took effect on July 1, 2026.

The revised law modernizes Florida’s nonprofit framework, incorporates updates from the Model Nonprofit Corporation Act, and more closely aligns Chapter 617 with the Florida Business Corporation Act. It affects nonprofit formation, filings, membership rights, board governance, meetings, liability, conflicts of interest, mergers, dissolution, and other important corporate matters.

While not every change requires immediate action, Florida nonprofit corporations should review their governing documents and internal procedures to determine whether updates may be appropriate.

Why Did Florida Rewrite Chapter 617?

Before HB 797, portions of Chapter 617 no longer reflected modern corporate practices or the ways nonprofit organizations currently conduct business.

The new law updates the terminology and structure of the Act while introducing more detailed rules for nonprofit governance. One of the first visible changes is its name: the Florida Not For Profit Corporation Act is now the Florida Nonprofit Corporation Act.

According to the Florida Senate’s official bill summary, the revisions incorporate updates from the Model Nonprofit Corporation Act and harmonize Florida’s nonprofit law with the Florida Business Corporation Act.

When Did the New Florida Nonprofit Corporation Act Take Effect?

The revised Chapter 617 took effect on July 1, 2026.

HB 797 passed unanimously in both chambers of the Florida Legislature, with a 114-0 vote in the House and a 36-0 vote in the Senate. The governor approved the bill on June 25, 2026, and it became Chapter 2026-168.

SB 554 addressed the same subject but was laid on the table after HB 797 passed.

What Changed for Florida Nonprofit Boards?

The revised law includes several changes affecting board structure, director responsibilities, meetings, vacancies, removal procedures, and standards of conduct.

Number of Directors

Under the revised law, a nonprofit corporation may generally have one or more directors. However, a nonprofit organization recognized under Section 501(c)(3) of the Internal Revenue Code must continue to have at least three directors.

Previously, Florida law generally required nonprofit corporations to have at least three directors.

Director Standards of Conduct

The revised Chapter 617 modernizes the standards that apply when directors carry out their responsibilities.

Directors must:

• Act in good faith;
• Act in a manner they reasonably believe to be in the corporation’s best interests; and
• Exercise the care that an ordinarily prudent person in a similar position would consider appropriate under comparable circumstances.

The law also addresses when directors may rely on information provided by officers, employees, attorneys, accountants, committees, and other professionals they reasonably believe to be competent and reliable.

Officer Standards of Conduct

The Act now establishes separate standards of conduct for nonprofit officers.

Officers must act in good faith, use appropriate care, and act in the corporation’s best interests. The revised law also addresses an officer’s responsibility to report material information, including known or probable legal violations, to a superior officer or the board.

How Did Director and Officer Liability Protections Change?

The revised law expands certain protections against personal liability.

Previously, broad statutory liability protections applied to directors and unpaid officers of nonprofit corporations falling within specified federal tax-exempt categories. The new law extends those protections to directors and unpaid officers of all nonprofit corporations governed by Chapter 617.

These protections are not absolute. Personal liability may still arise in circumstances involving matters such as:

• Certain criminal violations;
• Improper personal benefits;
• Conscious disregard for the corporation’s best interests;
• Willful misconduct;
• Recklessness;
• Bad faith;
• Malicious purposes; or
• Wanton and willful disregard of human rights, safety, or property.

Nonprofit corporations should consider reviewing their bylaws, indemnification provisions, and directors and officers insurance coverage in light of the revised liability framework.

What Changed for Nonprofit Members?

Chapter 617 now contains more detailed rules governing members, membership interests, meetings, voting, proxies, and membership termination.

Membership Rights and Obligations

The revised law generally provides that members within the same membership class have equal rights and obligations unless the articles of incorporation or bylaws establish otherwise.

The board may admit members for consideration, establish payment terms, and impose fines or penalties when authorized by the organization’s governing documents. A nonprofit corporation cannot be a member of itself.

Membership Transfers and Purchases

A membership or a right arising from membership generally cannot be transferred unless the articles of incorporation or bylaws permit the transfer.

The law also permits certain nonprofit corporations to purchase membership interests when authorized by their governing documents. However, a Section 501(c)(3) organization may not purchase its members’ membership interests.

Additional rules apply when a corporation purchases the membership interest of a member who resigns or whose membership is terminated.

Can Florida Nonprofits Hold Remote Member Meetings?

The new Chapter 617 expressly authorizes members to participate in meetings remotely unless the articles of incorporation, bylaws, or members require a meeting to be held at a specific physical location.

A member participating remotely may be considered present if the corporation uses reasonable measures to:

• Verify that each remote participant is a member or the member’s proxy; and
• Allow remote participants to participate in the meeting and vote on matters presented to the members.

This change may provide greater flexibility for nonprofits that already conduct virtual or hybrid meetings. Organizations should still review their bylaws to determine whether their existing meeting rules are consistent with the revised law.

How Did Proxy Voting and Special Meetings Change?

The revised law permits members to appoint proxies through an electronic signature or electronic transmission.

It also changes the default threshold for calling a special membership meeting. Unless the articles of incorporation or bylaws establish a different requirement, members holding at least 10% of the voting power may call a special meeting. The previous default threshold was 5%.

The law also provides updated procedures for member action without a meeting.

How Does the New Law Address Electronic Notices?

Written notices may now be communicated through methods that include:

• Mail;
• Email;
• Facsimile; or
• Other forms of electronic transmission.

Nonprofit organizations should compare these updated options with the notice requirements contained in their articles of incorporation and bylaws.

What Are the New Conflict-of-Interest Rules?

The revised law introduces the term “qualified director” for decisions involving conflict-of-interest transactions, derivative proceedings, and certain indemnification matters.

A qualified director generally does not have a material interest in the matter or a material relationship that could impair the director’s independent judgment.

A conflict-of-interest transaction is not automatically void or voidable when it is fair to the corporation at the time it is authorized. The approval process and the disclosure of material facts can affect which party bears the burden of proving whether the transaction is valid.

These changes make several governance practices particularly important:

• Maintaining an effective conflict-of-interest policy;
• Fully disclosing potential conflicts;
• Using disinterested directors when appropriate;
• Documenting the decision-making process; and
• Creating detailed board minutes for significant transactions.

What Changed for Nonprofit Corporate Records?

Chapter 617 now updates a nonprofit corporation’s duties to maintain records and provide access to them.

The revised provisions address the records a corporation must keep, the circumstances under which members may inspect those records, and the procedures that apply when an inspection is requested.

Because corporate records can become important in disputes involving members, directors, finances, elections, or organizational decisions, nonprofits should review their recordkeeping and document-retention procedures.

How Did Filing Requirements Change?

The new law modifies the processes for filing, correcting, and withdrawing corporate documents. It also updates procedures involving:

• Articles of incorporation;
• Amendments to articles of incorporation;
• Registered agents and registered offices;
• Corporate names;
• Foreign nonprofit corporations; and
• Department of State filings.

A nonprofit may amend its articles to add, change, or delete provisions that are legally permitted on the amendment’s effective date.

When members are entitled to vote, an amendment generally must first be adopted by the board and then approved by the members. If no members are entitled to vote, the amendment may generally be approved by a majority of the directors then in office.

What Changed for Mergers, Conversions, and Domestications?

HB 797 substantially updates the processes governing major nonprofit transactions.

Mergers

The revised law allows one or more domestic nonprofit corporations to merge with other eligible domestic or foreign entities through a plan of merger.

When members have voting rights, the board generally must adopt the plan before submitting it to the members for approval. Special protections apply to property held for charitable purposes.

Conversions

The law creates new procedures that allow a domestic nonprofit corporation to convert into another eligible entity and allow certain other entities to convert into a Florida nonprofit corporation.

However, a domestic corporation holding property for a charitable purpose generally cannot convert into another type of entity.

Domestications

The law also creates procedures through which a Florida nonprofit corporation may become incorporated in another jurisdiction or a foreign nonprofit corporation may domesticate in Florida.

These transactions require careful attention to board approval, membership voting rights, governing documents, and the protection of charitable assets.

How Did Dissolution Procedures Change?

The revised Act modernizes voluntary, administrative, and judicial dissolution procedures.

A court may order judicial dissolution under specified circumstances, including certain cases involving:

• Director deadlock;
• Illegal conduct;
• Waste or misapplication of corporate assets;
• An inability to assemble a quorum; or
• Other grounds established by the statute.

The law also creates a provisional-director remedy. In qualifying cases, a court may appoint a provisional director with the rights and powers of an elected director to address deadlock or other circumstances that could support dissolution.

New procedures also address claims against dissolved corporations and potential protections for directors when the statutory claim-disposition requirements have been followed.

What Should Florida Nonprofit Corporations Do Now?

Although the new law does not necessarily require every nonprofit to amend its documents immediately, organizations should consider reviewing:

1. Articles of incorporation for provisions affected by the new Act;
2. Bylaws governing members, meetings, voting, notices, directors, and officers;
3. Conflict-of-interest policies and approval procedures;
4. Board meeting and minute-taking practices;
5. Remote-meeting and electronic-notice procedures;
6. Corporate recordkeeping and inspection-request procedures;
7. Indemnification provisions and D&O insurance coverage; and
8. Policies protecting charitable assets and restricting distributions.

A review can help the organization determine whether its current documents remain legally compliant, whether existing provisions override new statutory defaults, and whether the nonprofit wants to adopt any of the flexibility now available under Chapter 617.

Does Your Florida Nonprofit Need to Update Its Bylaws?

Florida’s revised Nonprofit Corporation Act affects nearly every stage of a nonprofit corporation’s existence, from formation and routine governance to mergers and dissolution.

Boards, officers, and executive directors should understand how the changes may affect their organization and whether its articles, bylaws, policies, or operating procedures should be updated.

The Orlando Law Group can assist Florida nonprofit corporations with reviewing governing documents, addressing compliance concerns, and navigating the requirements of the revised Chapter 617. Contact our office to discuss your organization’s needs.

This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship.

Starting March 1, 2026, the federal government will require certain residential real estate transactions to be reported to the Financial Crimes Enforcement Network (FinCEN). 

This new requirement applies to specific high-risk, non-financed real estate transfers and is designed to increase transparency and prevent illicit financial activity,  especially in all-cash purchases involving LLCs or trusts. 

If you’re a buyer, seller, or real estate professional, here’s what you need to know. 

 

What Is the New FinCEN Real Estate Report?

FinCEN is introducing a new Real Estate Report that must be filed for certain residential real estate transfers considered high-risk for money laundering. 

The report is required for reportable transfers, which generally include: 

• Non-financed (all-cash) transfers 

• Residential real property 

• Transfers made to an entity (like an LLC) or a trust 

This is a federal requirement, not a new policy created by local law firms, title companies, or real estate agents. 

 

Who Is Responsible for Filing the Report?

This is one of the most important clarifications: 

Buyers and sellers are NOT responsible for filing the report. 

Instead, the obligation falls on certain real estate professionals involved in the closing or settlement, such as: 

• Title companies 

• Settlement or escrow agents 

• Closing attorneys (in some transactions) 

FinCEN uses a “cascade” system to determine which professional must file, typically starting with the party responsible for preparing or handling the settlement. 

 

Are Real Estate Agents Responsible for Filing?

No, real estate agents do not file the report. 

However, agents will be affected because: 

• Clients may be asked for additional information during closing 

• All-cash buyers using LLCs or trusts may have extra compliance steps 

• Agents will likely receive questions from clients about why this information is required 

Understanding the rule helps agents set expectations early and avoid last-minute surprises at closing. 

 

How Does This Affect Buyers and Sellers?

This rule mainly impacts buyers who: 

• Purchase residential property with cash 

• Buy through an LLC or trust 

• Are involved in a transaction considered high-risk under FinCEN’s rules 

If applicable, buyers may be asked to provide beneficial ownership information as part of the closing process. This information is reported directly to FinCEN and is not made public. 

For sellers, the impact is typically minimal, but the overall closing process may include additional compliance steps handled by the closing professional. 

 

Why Is FinCEN Requiring This?

FinCEN has identified all-cash residential real estate purchases through entities and trusts as a common method for hiding the source of illicit funds. 

This reporting requirement is intended to: 

• Increase transparency in real estate transactions 

• Deter money laundering and financial crimes 

• Align real estate closings with other federal anti-money-laundering regulations 

 

What Should You Do Now?

With the rule taking effect in March 2026, there’s time to prepare: 

• Real estate agents should familiarize themselves with the requirement so they can educate clients 

• Buyers using LLCs or trusts should expect additional information requests during closing 

• Closing professionals should begin planning compliance workflows and filing processes 

 

Final Takeaway

The new FinCEN Real Estate Report is not optional; it’s a federal requirement that applies to certain all-cash residential transactions involving entities or trusts. 

While clients don’t file the report themselves, being informed can help transactions move more smoothly and prevent delays at closing. 

If you have questions about how this rule may affect an upcoming transaction, speaking with a knowledgeable legal or real estate professional early can make all the difference. 

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The attorneys at The Orlando Law Group help with all types of legal issues for business owners and individuals in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida. 

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you. 

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly. 

 

Like all governments, the State of Florida spends billions of dollars with companies on all types of goods and services each year. Everything that a private business needs is also needed by the state government, only on a much larger scale than most businesses.  

State officials understand the need to contract with Florida-based small businesses, since they represent the best of Florida business. They understand that by helping small businesses thrive, the economy will thrive as well. 

As such, there is a significant effort to award contracts to Florida-based small businesses, but how that is done is continually being changed, with a focus less on race and gender. 

Even with the changes, businesses have to take action to not miss out on the tremendous opportunity the government provides.   

Becoming a Certified Business Enterprise with the state represents a formalized way to increase visibility, build credibility with government purchasers, and open doors to procurement opportunities.  

The attorneys at The Orlando Law Group specialize in helping businesses with certifications such as these in Orlando, Sanford, Winter Garden, Kissimmee and throughout Central Florida.  

We’re here to help you understand the process, ensure your eligibility, and assist throughout the process to help minimize any errors or delays. 

What Certifications Are Still Available with the State

At the core of Florida’s official certification landscape is the Certified Business Enterprise (CBE) designation, administered by the Department of Management Services (DMS) Office of Supplier Development.  

Through the CBE program, businesses owned by qualifying women, veterans, minorities, or service-disabled veterans can receive formal recognition as certified enterprises for the purpose of interacting with state agencies on procurement and contracting.  

Certified businesses are listed in an official state directory accessible to agency purchasing directors, local governments, state universities, and other public entities. 

Keep in mind, this is different than in the past, when state law included more explicit procurement preferences based on demographic status, recent legislative efforts have sought to limit or repeal statutory procurement preferences tied exclusively to minority or demographic status.  

Also, remember that the only certification the state recognizes is the one it provides. 

While federal and local programs, such as Disadvantaged Business Enterprise (DBE) certification administered by the Florida Department of Transportation (FDOT), also exist, they operate under distinct federal legal frameworks and are separate from the state’s CBE system.  

Similarly, nationally recognized certifications such as those issued by the Florida State Minority Supplier Development Council (FSMSDC) or other councils may be valuable in corporate and some government markets, but they are not the official state certification required for Florida state procurement. 

Regardless of statutory reform, Florida continues to accept and process CBE applications through DMS, and the certification remains a recognized state credential that can help small businesses gain access to government procurement markets. 

Registration for Minority-, Women- and Veteran-owned Businesses

Rather than operating multiple standalone certification programs, Florida uses the CBE framework to recognize several qualifying ownership categories under one designation.  

These include Minority Business Enterprise (MBE), Woman Business Enterprise (WBE), Veteran Business Enterprise (VBE), and Service-Disabled Veteran Business Enterprise (SDVBE).  

A business does not receive a separate certificate for each category; instead, it is certified as a CBE with one or more applicable ownership designations noted in the state’s records. This approach allows Florida to maintain consistent eligibility standards while still identifying the distinct ownership characteristics of certified firms. 

To register for these subcategories, the following criteria apply: 

• Be legally registered to do business in Florida as a for-profit organization (registration through the Department of State). 

• Be based in Florida. 

• Be owned and managed by a resident(s) of Florida. 

• Be 51 percent owned and managed by a woman, veteran, or minority who is a U.S. citizen or permanent resident alien. 

• Be currently engaged in commercial transactions. 

• Be registered in MyFloridaMarketPlace (MFMP). 

• Have a net worth of less than $5 million. 

• Employ 200 or fewer full-time permanent employees 

• Have a professional license, if required by the industry, in the name of the woman, veteran, or minority business owner.  

How a Business Becomes Certified

Becoming certified as a CBE with the State of Florida involves a structured, multi-step process that begins with establishing your business as an eligible vendor.  

The first step is registration in MyFloridaMarketPlace (MFMP), the state’s portal for vendor registration and procurement interaction.  

On that page is a tremendous guide to certification. You’ll see it is not easy, with many very technical financial and sales data required.  

This registration provides your business with a vendor profile and is also the entry point for submitting a CBE certification application through the official vendor information portal.  

Once vendor status is established, the business must prepare and submit documentation demonstrating that it meets Florida’s eligibility requirements for the CBE program. 

Documentation is submitted to the Office of Supplier Development for review. If the application meets the statutory and administrative criteria, the state grants certification and includes the business in its certified vendor directory.  

Certification is typically valid for two years, after which businesses must apply for recertification to remain in good standing and retain directory listing and access to benefits. 

Importantly, certification applicants must also maintain compliance with any professional licensing laws relevant to their field, including holding licenses in the name of qualifying owners where required, and must report changes in ownership or management that could affect certification status.  

Remember, this process is constantly changing with new regulations and legislation.  

For instance, although Florida’s administrative rules and program materials continue to refer to the Office of Supplier Diversity, changes in legislation and program governance have also resulted in updated internal nomenclature (such as the Office of Supplier Development).  

Business owners should consult the DMS procurement and supplier development pages on dms.myflorida.com for the most current application procedures and documentation checklists. 

What Types of Contracts Are Available to Certified Businesses

Certification does not automatically result in an award of state contracts, nor does it confer a legal right to a contract based solely on ownership status.  

Instead, certification signals to procurement officers and prime contractors that your business meets defined eligibility standards and is included in the state’s official supplier database used by agencies when they identify potential vendors for goods, services, and consulting engagements. 

In addition, prime contractors bidding on large state contracts often seek certified businesses as subcontractors to help meet internal diversity and supplier participation goals, even in the absence of statutory set-aside requirements.  

Certification can increase a business’s likelihood of being considered for these partnerships. 

Another practical avenue comes through networking and outreach: the state’s Office of Supplier Development periodically organizes events and programs in which certified businesses can present their capabilities directly to procurement professionals.  

These forums may lead to introductions, informal procurement engagements, or inclusion in agency planning for future procurements. 

Monitoring Legal Changes and Staying Effective

Because Florida’s supplier diversity and procurement statutes are in transition, it is critical for small business owners and legal practitioners to monitor legislative developments and administrative guidance.  

Of course, that is an important role of The Orlando Law Group – ensuring your company is updated on any changes that might affect your business, including changes to any certification programs.  

The attorneys at The Orlando Law Group help with all types of legal issues for business owners and individuals in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida. 

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you. 

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly

Florida may be the Sunshine State, but in recent years, Central Florida has experienced more frequent and severe flooding than ever before. Heavy summer storms and unpredictable weather patterns have left neighborhoods dealing with standing water, property damage, and costly repairs. 

Now, beginning October 1, 2025, the state is taking a major step toward transparency. Under Florida Statute §83.512—created through Senate Bill 948 (2025)—landlords and property managers must disclose any known history of flooding or flood-related damage before signing certain residential leases. 

The goal is simple: tenants should understand flood risks before moving in.
But for landlords, this new requirement adds a serious layer of legal responsibility, and ignoring it could mean refunds, terminated leases, or legal disputes. 

Below, we’ll break down what the new law requires, who it affects, and why even landlords with no flood history should prepare now. 

 

What Does the New Florida Flood Disclosure Law Require? 

Beginning October 1, 2025, landlords and property managers must provide a separate written flood disclosure before signing any residential lease lasting one year or longer. 

This disclosure cannot be buried in the lease, it must be a standalone document following a specific statutory format. 

The disclosure must state whether: 

1. You know of any flooding that has damaged the dwelling during your ownership. 

1. You have ever filed a flood-related insurance claim (including with the National Flood Insurance Program, or NFIP). 

1. You have ever received assistance for flood damage, such as aid from FEMA or another recovery program. 

Even if the property has never flooded, the form must still be completed, signed, and given to the tenant before or at the time of lease signing. 

 

What Counts as “Flooding” Under the Law? 

The statute defines “flooding” broadly, it’s not just catastrophic storms. It includes: 

• Overflow of inland or tidal waters 

• Unusual or rapid accumulation of surface water (such as heavy rain or drainage backups) 

• Sustained standing water caused by rainfall 

That means even moderate or isolated flooding events could trigger the disclosure requirement if they damaged the dwelling. 

 

What Happens If You Don’t Disclose Flood History? 

Failing to provide the required flood disclosure isn’t just a paperwork mistake, it can have costly consequences. 

Under §83.512, if a tenant suffers substantial loss or damage to their personal property because of flooding, and the landlord never provided the disclosure, the tenant gains significant rights. 

Possible outcomes include: 

• Early lease termination: The tenant can terminate the lease by giving written notice within 30 days of the loss and surrendering the property. 

• Refunds of prepaid rent and deposits: The landlord must refund all rent or other amounts paid in advance for any period after the termination date. 

• Potential legal disputes: Landlords who fail to disclose can face claims of misrepresentation, negligence, or breach of the duty to maintain habitable conditions. 

• Loss of documentation defense: The signed disclosure form is your proof of transparency. Without it, it becomes your word against the tenant’s. 

Tip: Compliance is your best protection.
Providing the disclosure takes just minutes, and costs far less than refunding months of rent or defending a lawsuit. 

If you’re unsure whether your lease packet meets the new standards, The Orlando Law Group can review and update your documents before the October 2025 deadline.
Call 407-565-HELP or visit TheOrlandoLawGroup.com. 

 

Does the Law Apply to Month-to-Month or Short-Term Leases? 

Technically, Florida’s new Flood Disclosure Law only applies to leases of one year or longer.
Month-to-month or shorter agreements aren’t legally required to include a flood disclosure form. 

However, voluntary disclosure is still smart risk management. 

Even without this statute, tenants who experience flooding can claim that you failed to disclose known risks or misrepresented the property’s condition, potentially leading to: 

• Negligence or misrepresentation claims 

• Breach of implied warranty of habitability 

• Constructive eviction (tenants leaving and stopping rent payments because the unit became unlivable) 

By voluntarily giving a disclosure, you: 

• Demonstrate transparency about the property’s history 

• Encourage renters to consider flood insurance 

• Show good-faith compliance with the intent of the law 

In short, providing a flood disclosure, whether required or not, protects you.
It’s one extra page that could prevent a lawsuit later. 

 

The Bottom Line 

Florida’s 2025 Flood Disclosure Law is designed to protect tenants, but it also gives responsible landlords a way to build trust and avoid legal trouble. 

Whether your property has flooded or not, review your leases now to ensure compliance. 

For legal guidance on Florida landlord laws, disclosures, or lease compliance, contact The Orlando Law Group today.
We serve Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.
Call 407-565-HELP or visit our Contact Us page today. 

 

The recent study of small businesses by U.S. Bank focused on succession planning for small businesses. As more than half of small business owners are less than 10 years from retiring, the group looked at how business owners were contemplating their business’s future.

It was no surprise that the most common answer is that business owners want their children to take over the family business, but it also showed that there are other options for business succession than just the immediate family. 

Other choices included:

• Transition their business to a family member other than their children. (10 percent)
• Gift their business to someone when they retire. (10 percent)
• Sell their business to someone outside of their organization or family. (10 percent)
• Sell their business to a current colleague or business partner. (nine percent)
• Transition their business ownership to their employees. (eight percent)
• Dissolve their business when they retire. (seven percent)

Unfortunately, only 30 percent of small businesses survive after the founder ends their involvement in the business, showing the need to determine how to continue long before the need to transition arises.

But if the business owner doesn’t have children, or those children do not want to take over the business, there are options. 

The attorneys at The Orlando Law Group specialize in helping businesses structure their succession planning in Orlando, Sanford, Winter Garden and Kissimmee and are here to help set up the tools and programs that can keep your company running for generations.

Is there an outside buyer for the company? 

One of the most common ways for a founder to transition out of a company is to sell the company to an outside buyer, whether it is a larger competitor or someone just looking to enter the business.

By finding an outside buyer, it could mean a significant cash infusion for the founder, or the deal could be structured to take place over a set period of time. The sale could include the founder keeping a minority position in the business, or the founder could just walk away.

A sale can be structured in many different ways, but there can be concerns when selling the business. For instance:

1. How will the company’s operations and culture change?
2. How will employees be treated after the sale?
3. Will the company retain its name or take the new company’s name?
4. What will the role of the founder be after the sale?

All of these are issues that should be outlined clearly in the terms of any sale contract for the business.

Is there an internal buyer for the company? 

One of the keys to any successful and sustainable business is a strong management team and great employees. 

When looking at succession planning for a business outside of the family, internal options could be the best option for keeping a business thriving after the founder leaves. 

After all, internal options will have in-depth knowledge of how the company successfully operates, making the transition smoother. By selling to an internal option, the company culture could be maintained as the internal option was part of the team that established the culture. For employees, having a familiar face at the top of the organizational chart can help ease the concerns they have about a transition.

The internal options could be the founder’s partner. Partnerships in business are very common, and selling to a partner could be easy, as long as the partners work together toward a common goal. But even if a partnership has been difficult, the terms of the sale can help negotiate a path forward for all parties.

Another option could be someone in management, like a vice president, or the entire management team. Just like with a partner, the terms of the deal and the future of the company need to be negotiated and clearly outlined.

One of the advantages of this type of sale is that it can also be done over time, so the internal buyers can fully understand the scope of the business and learn all aspects of running the business.

Create an Employee Stock Option Plan

We’ll discuss more about an Employee Stock Option Plan in another article, but if a business is profitable and has a group of long-term employees, providing an option for the employees to take over without buying shares, and ESOP may be a good option.

In this transaction, a trust is created and takes on debt to pay the founder for the business. After that transaction, shares of the company are created and distributed to employees, generally based on a formula that includes items such as seniority, salary and more.

The debt is repaid by the company, and any profits are then distributed to employees who have shares in the company.

One of the primary reasons for an ESOP is that it gives employees an opportunity to truly be invested in the company’s future, giving them a higher motivation to perform. It also helps keep the operations and culture of the company intact as it moves to the future.

An ESOP is a complicated transaction, so it is important to work with an experienced attorney to ensure it is done properly and with protections for everyone involved. 

The attorneys at The Orlando Law Group help with all types of legal issues for business owners and individuals in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

Detectives in Volusia County recently issued an arrest warrant after more than 100 Seabreeze High School students and chaperones lost nearly $400,000 in a canceled class trip. The group had signed up with a Massachusetts travel agency for a nine-day journey through Italy and Greece, paying more than $3,500 each for airfare, lodging, and excursions.

Just a month before departure, the agency abruptly shut down, emailing families that there was no money left for refunds. Investigators later discovered the company was also being sued by other organizations for similar allegations. The agency’s owner now faces charges of grand theft and organized fraud.

This case is a painful reminder of how devastating fraud in contracts can be. When people enter into agreements based on false promises, the results can be financially and emotionally devastating.

Attorney Jennifer Englert of The Orlando Law Group explains:

“Fraud in contracts is a serious issue in Florida law, often arising when one party uses deception or misrepresentation to induce another party into an agreement. Because contracts are built on trust and mutual consent, fraud undermines the very foundation of enforceable agreements. Florida courts treat fraud claims with significant weight, but proving fraud requires careful attention to detail.”

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What Constitutes Fraud in a Contract Under Florida Law?

Under Florida law, fraud occurs when one party makes a false statement of a material fact, knowing it is false (or acting with reckless disregard for the truth), intending for the other party to rely on it, and the other party suffers damages as a result.

To establish fraud in the inducement of a contract, a plaintiff must generally prove:

1. A false statement about a material fact.

2. Knowledge that the statement was false when made.

3. Intent to induce the other party to rely on the misrepresentation.

4. Actual and justifiable reliance by the other party.

5. Damages suffered as a result.

Common Examples of Fraud in Contracts

Fraud can appear in many forms. Some of the most common examples include:

• Misrepresentation of facts – A seller lies about the condition of property or assets.

• Concealment – Withholding important information, such as known defects in real estate.

• False promises – Entering into a contract with no intent to perform.

• Falsified documents – Altered contracts, forged signatures, or fraudulent records.

Legal Remedies for Victims of Fraud in Florida

Victims of fraud are not without recourse. Depending on the circumstances, remedies may include:

• Rescission – Canceling the contract and restoring both parties to their pre-contract positions.

• Damages – Compensation for financial losses caused by the fraud.

• Punitive damages – In cases of egregious misconduct, courts may award additional damages to punish and deter fraudulent behavior.

Fraud vs. Breach of Contract

It is important to distinguish between breach of contract and fraud. A breach occurs when one party fails to uphold their contractual obligations. Fraud, however, requires intentional deceit at the time the agreement was made. Not every broken promise rises to the level of fraud, courts look closely at whether fraudulent intent existed when the contract was formed.

Preventing Fraud in Contracts

Whether you are a parent, nonprofit, or business, there are proactive steps you can take to reduce your risk of fraud:

• Conduct thorough due diligence before entering agreements.

• Include warranties and representations in contracts.

• Require disclosures and verify all information.

• Consult an experienced Florida attorney to draft or review contracts.

Final Word

The Seabreeze High School trip case demonstrates how fraud can devastate families, communities, and organizations. Fraud in contracts is not only a civil wrong but may also rise to a criminal offense in Florida, depending on the severity and context.

Because the legal standards for proving fraud are strict, anyone facing a potential fraud claim, whether as a victim or accused party, should seek qualified legal counsel. Understanding the elements of fraud, and taking steps to prevent it, helps protect both businesses and individuals across Florida.

The attorneys at The Orlando Law Group help with all types of legal issues for businesses and individuals in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you have questions about fraud in contracts or other legal matters, call us at 407-512-4394 or fill out our online contact form to schedule a consultation.

Florida’s new Trenton’s Law (HB 687) makes major changes to DUI and boating penalties. It also raises a question many drivers have:

If you’re pulled over or arrested for DUI in Florida, what exactly can you refuse, and what are the consequences if you do?

This guide breaks it down in plain language.

Can You Refuse Field Sobriety Tests in Florida?

When an officer suspects you of driving under the influence, they may ask you to complete roadside “field sobriety tests,” such as:

• Walking in a straight line
• Standing on one leg
• Following a pen with your eyes

These tests are voluntary in Florida. You can refuse them without legal penalty.

But here’s the catch: refusal doesn’t mean you avoid arrest. If the officer already sees signs of impairment (slurred speech, swerving, alcohol odor, or an accident), they can arrest you even without test results.

Why are these tests optional? Field sobriety tests are considered subjective, results depend heavily on the officer’s interpretation, and even sober drivers sometimes fail due to nerves, fatigue, or medical conditions.

What Tests Are Required After Arrest?

Once you’ve been lawfully arrested for DUI, the situation changes. At this point, police may request:

• A breath test
• A urine test
• Or, in some cases, a blood test

This is where Florida’s implied consent law comes into play.

What Is Implied Consent?

Under Florida Statute §316.1932, every driver who applies for and receives a Florida driver’s license gives advance consent to chemical testing if arrested for DUI.

In other words, your driver’s license acts like a pre-signed consent form. By driving in Florida, you’ve already agreed to these tests.

This law was designed to ensure consistency and discourage refusals, which otherwise make DUI enforcement more difficult. Many other states have similar implied consent rules.

Penalties for Refusing Chemical Tests

Refusing a test after arrest isn’t just non-cooperation — it’s a separate violation.

• First refusal → Automatic driver’s license suspension (usually 1 year) plus a second-degree misdemeanor (up to 60 days in jail and a $500 fine).
• Second or later refusal → First-degree misdemeanor (up to 1 year in jail and a $1,000 fine), along with an 18-month license suspension.
• In crashes with injury or death → Police can often get a warrant, allowing them to draw your blood regardless of consent.

Even beyond the criminal penalties, refusals can hurt drivers in other ways. For example, the refusal itself may be used as evidence in administrative hearings that decide license suspensions.

Trenton’s Law: Harsher Penalties for Repeat Offenders

Florida’s new HB 687 (Trenton’s Law) doesn’t just cover refusals — it also escalates penalties for repeat deadly DUI and boating offenses.

• Before the law → DUI manslaughter, BUI manslaughter, vehicular homicide, and vessel homicide were all second-degree felonies (up to 15 years), even for repeat offenders.
• After the law → If someone with a prior conviction commits another deadly DUI/BUI offense, the charge increases to a first-degree felony (up to 30 years).

This law was named after Trenton Stewart, an 18-year-old tragically killed in 2023 by a drunk driver with a history of reckless driving.

Why These Laws Matter

Florida ranks among the states with the highest number of alcohol-related traffic fatalities each year. Lawmakers passed these measures to:

• Discourage refusal of chemical tests
• Strengthen penalties for repeat deadly offenses
• Improve public safety and accountability on the road

The main takeaway:

• Field sobriety tests → Optional.
• Post-arrest chemical tests → Already consented to by holding a license. Refusing is a crime.
• Repeat DUI/BUI homicides → Face tougher penalties than ever.

 

FAQ: Florida DUI Refusal Laws

Can you refuse a DUI blood test in Florida?
Yes, but refusal is a misdemeanor and can trigger license suspension. In serious crashes, police may obtain a warrant to draw blood anyway.

Does refusing a breathalyzer prevent a DUI conviction?
No. Prosecutors can still use officer observations, video evidence, and witness testimony.

How long is your license suspended for refusing?
Typically, one year for a first refusal, 18 months for a second or later refusal.

Do all states have implied consent laws?
Most U.S. states have some form of implied consent statute, though penalties and procedures vary.

Final Word

DUI laws in Florida can be confusing, especially with the new changes under Trenton’s Law (HB 687). The most important point is this: refusal is not always an option.

The attorneys at The Orlando Law Group help with a wide range of legal issues for business owners and individuals in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida. While we do not practice criminal defense, we share these updates so Floridians understand how laws impact their everyday lives.

If you have questions about this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola, and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

 

When Bill Belichick left the New England Patriots, he didn’t just leave behind a dynasty of championships; he also left behind a few famous catchphrases. This spring, a management company tied to Belichick’s partner, Jordon Hudson, filed to trademark lines like “Do Your Job” and “No Days Off” with a twist: each phrase would end with “(Bill’s Version).” But there was one problem. The Patriots already held the rights. The U.S. Patent and Trademark Office refused the applications, making clear that adding a name wasn’t enough to make the marks legally distinct.

Who Owns a Coach’s Sayings?

Belichick isn’t the first big name to try to lock down a signature phrase. Sports and entertainment are full of examples:

• Pat Riley trademarked “Three-peat.”
• Michael Buffer owns “Let’s Get Ready to Rumble.”
• Even LeBron James tried (and failed) to trademark “Taco Tuesday.”

Ownership often comes down to who filed first and how the phrase is used. In Belichick’s case, the Patriots got there first — and they used the slogans in ways that made them strongly associated with the team, not just the coach.

Bill’s Version ≠ Taylor’s Version

It’s no secret where the inspiration came from. Taylor Swift turned “Taylor’s Version” into a cultural phenomenon, reclaiming her music by re-recording albums she didn’t own the masters to. Fans instantly knew that “Taylor’s Version” meant her version.

Belichick tried a similar play, but trademark law isn’t as forgiving. While Swift created entirely new recordings, Hudson and Belichick tried to piggyback on phrases the Patriots already trademarked. To the USPTO, slapping “(Bill’s Version)” onto the end of “Do Your Job” still looked confusingly close to the Patriots’ rights.

When Is Change Enough? Understanding “Likelihood of Confusion”

At the heart of trademark law is a simple question: would the average consumer be confused about where this product or phrase comes from? That’s what the USPTO and courts call the likelihood of confusion test.

A mark doesn’t have to be identical to get rejected. If two trademarks look, sound (yes, you can actually trademark sounds), or feel so similar that people might think they’re connected, the newer one won’t fly. Even small tweaks often aren’t enough.

What the USPTO Considers

Some of the key factors (often called the “DuPont factors”):

• Strength of the original mark – The more famous or distinctive a mark is, the harder it is to get close to it. Sometimes even ordinary words can gain strength through secondary meaning (Think Target)
• Similarity in sight, sound, and meaning – Do the marks look or sound alike? Do they give off the same overall impression?
• Overlap in goods or services – If both marks are used on similar products (like T-shirts, hats, or media), confusion is more likely.
• Overall commercial impression – What sticks with the consumer at a glance? The “dominant element” usually wins out, even if extra words are added. Think of Taco Bell: the bell is so central that if another fast-food chain used a similar bell logo, people might assume a connection, no matter what extra words appear beside it.
  
• Consumer perception – If buyers aren’t scrutinizing carefully, small differences are unlikely to prevent confusion.

Real-World Example

Think of the Nike swoosh. If another company slapped the swoosh on a shirt with the slogan “Nope. Just Rest.”, it wouldn’t matter that the words were different. The dominant element — the swoosh — makes people instantly think “Nike.” That alone is enough for a refusal.

In Belichick’s case, the dominant element wasn’t a logo but phrases like “Do Your Job” and “No Days Off.” Adding “(Bill’s Version)” didn’t change the overall impression,  so the USPTO treated them as confusingly similar to the Patriots’ marks.

Why It Matters

Trademarks aren’t just about clever phrases or logos, they protect the equity you’ve built into your brand. If someone can slap on an extra word and register a lookalike mark, they get to profit off your hard work and reputation. The likelihood of confusion test exists to stop that from happening, protecting both businesses and consumers.

For Belichick, the Patriots had already built years of recognition around “Do Your Job” and “No Days Off.” Adding “(Bill’s Version)” didn’t change the core. The lesson? Small tweaks rarely create new rights.

Takeaway for Businesses

• Do a trademark search before you invest in a slogan or logo.
• Don’t assume adding a word or name makes something safe.
• Remember that distinctiveness is power, the stronger and more unique your mark, the harder it is for others to get close.

Trademark law can feel deceptively simple, but cases like this show how easy it is to get tripped up. If you’re building a brand and want to make sure your work is protected, our team can help guide you through the process and defend what you’ve built.

The attorneys at The Orlando Law Group help with all types of legal issues for business owners and individuals in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

Heading off to college is a milestone, but for many Florida families, it’s also a legal blind spot. Once your child turns 18, you’re no longer automatically authorized to step in during an emergency. From medical care to financial accounts to academic records, the law views your student as an adult. 

This guide walks through the essential legal documents and practical life lessons every Florida student (and parent) should have in place before classes start. Think of it as a legal and mental checklist to help your student stay safe, supported, and independent.

What is a HIPAA Authorization Form and Why Do College Students Need It?

Once your child turns 18, HIPAA privacy laws mean doctors cannot share medical information with parents, even during emergencies. A HIPAA release doesn’t take away your student’s independence, but it allows them to designate someone (like a parent) to receive updates if something serious happens. 

Without a signed HIPAA release, you may not be able to: 

• Confirm whether your student is in the hospital 

• Receive updates during surgery 

• Speak with mental health providers about treatment 

Example: Imagine your child is rushed to the ER after a sports accident. Unless they’ve signed a HIPAA release, doctors cannot legally tell you their condition. 

Action step: Have your student sign a HIPAA Authorization Form before move-in day and provide copies to their primary doctor and campus health center. They can revoke or update this at any time. 

 

What is a Medical Power of Attorney and When Should You Use It?

A Medical Power of Attorney (also called a Healthcare Surrogate Designation under Florida law) goes one step further than a HIPAA release. While HIPAA allows doctors to share information with you, a Medical POA allows your student to name someone they trust to make decisions if they cannot. 

This document comes into play if your student is: 

• Unconscious after an accident 

• Incapacitated due to illness or injury 

• Unable to consent to treatment themselves 

Example: If your student is in surgery and a complication arises, the surgeon may need immediate consent to proceed. Without a Medical POA in place, you cannot legally step in. 

Action step: Florida students can name a parent, or another trusted adult, as their healthcare surrogate. The document must be signed in front of two witnesses, so it’s best to prepare this before your student leaves for campus. 

 

How Does a FERPA Release Help Parents Access Academic Records?

The Family Educational Rights and Privacy Act (FERPA) shifts control of academic records to the student once they turn 18. That means parents lose automatic access, even  if they are paying tuition. A FERPA release doesn’t give parents authority to make academic decisions, it simply allows the school to share information if the student chooses. 

Without a FERPA release, parents may be unable to see: 

• Grades or transcripts 

• Class schedules 

• Tuition statements or account balances 

• Notices about academic probation or warnings 

Example: A student may be struggling with classes but feel embarrassed to tell their parents. Without a FERPA release, the school cannot share academic updates, which means parents might not learn about problems until it’s too late to help. 

Action step: Explain to your student the significance of signing a FERPA Release with their school’s registrar’s office. Many universities make this easy through online portals. The form can be updated or revoked at any time—so your student stays in control while still giving you the ability to support them when needed. 

 

Do College Students Need a Durable Power of Attorney?

A Durable Power of Attorney (DPOA) is a document that allows your student to name someone they trust, often a parent, to help with financial or legal matters if needed. While a Medical POA only applies to healthcare decisions, a DPOA covers financial decisions involving: banking, housing, and control of other personal assets. 

With a DPOA, you can assist your student with things like: 

• Managing a bank account if it gets frozen or compromised 

• Paying bills or tuition on their behalf 

• Signing lease or housing documents if they’re unavailable (for example, while studying abroad) 

• Handling financial aid or insurance paperwork in an emergency 

It’s important to discuss with your student that this isn’t about parents having total control. A DPOA is a safety net, giving them someone to lean on when they can’t take care of something themselves. It can also be customized, limited in scope, time, or purpose, so they decide exactly how much authority to give. 

Example: Imagine your student is in the hospital after an accident and rent is due. With a DPOA in place, you can contact the landlord and make sure housing is secured while your student recovers. 

Action step: Encourage your student to consider signing a DPOA before leaving for school, especially if they’ll be far from home or traveling abroad. It ensures that someone they trust can step in quickly if something goes wrong. 

 

Should My College Student Create a Simple Will or Digital Estate Plan? 

For many college students, a will might seem unnecessary, but it can actually be a smart step, especially for those who already own a car, have a bank account, or carry life insurance. A simple will makes sure their assets are distributed according to their wishes and not left to the default rules of state law. 

At the same time, students today also have digital lives that need planning. Without some form of digital estate plan, parents may face major hurdles trying to access or close important accounts. 

Without these documents, parents may struggle to: 

• Access online accounts (Google, Apple, email, social media) 

• Manage money in apps like Venmo, PayPal, cryptocurrency, or investment platforms 

• Close or transfer bank accounts, cars, or insurance policies 

A basic will or digital estate plan doesn’t take away independence, it provides a safety net, ensuring someone your student trusts can step in if needed. 

Action step: Express to your student it might be a good idea to create a simple Florida will and digital estate plan. Together, these ensure their accounts, property, and finances can be managed smoothly if the unexpected happens. 

 

Legal Documents Are Just the Start 

Having these forms in place helps parents support their student in an emergency, but documents alone aren’t enough. Preparing your student with the knowledge and confidence to handle real-world challenges like leases, accidents, and scams, is just as important for the present and the future. 

 

 What Should Florida Students Know About Lease Law 101? 

For many college students, moving off-campus is their first experience signing a legal contract. A lease can look simple, but the fine print matters, and mistakes can be costly. Parents can help by making sure their student understands the basics before signing. 

Key Issues Every Student Should Know 

• Roommate liability: Most Florida leases use “joint and several liability.” This means if one roommate doesn’t pay rent, or damages the apartment, the other roommates can still be held responsible. 

• Security deposits: Florida law requires landlords to return deposits within 15–60 days. If the landlord claims damages, the student must be notified in writing. 

• Subletting: Many leases prohibit subletting without written landlord approval. Renting a room to a friend without permission could violate the lease. 

• Breaking a lease: Moving out early often comes with steep penalties, and students may still owe rent until a new tenant is found. 

Example: If one roommate hosts a party and damages the apartment, the landlord can apply the security deposit to repairs. Even roommates who weren’t involved may lose their share of the deposit. 

Action step: Sit down with your student to review any lease carefully. Encourage them to ask questions about unclear terms, and consider having an attorney review the lease before signing. Understanding these rules up front can save your student, and you, stress and expense later. 

 

What Should Students Know About Accidents and Liability? 

Accidents happen, on the road, on campus, or even in an off-campus apartment. The way your student responds in the moment can have long-lasting effects on their health, finances, and legal rights. Many students make the mistake of brushing off an incident or failing to report it, not realizing how much that decision can cost them later. 

Why Reporting Matters 

• Car accidents: In Florida, drivers are legally required to report crashes involving injury, death, or property damage over $500. But in reality, even a small paint scratch can add up, what looks minor could turn into hundreds of dollars in repairs. The safest approach is to report any crash where there’s damage or injury, no matter how small it seems. 

• Hidden injuries: Adrenaline often masks pain. If your student skips medical care, they may have no record of the injury later, making it harder for insurance to cover treatment. 

• Insurance claims: Without a police report or medical documentation, insurance companies often argue that injuries weren’t caused by the accident and may refuse to pay. 

• Shared spaces: In dorms or rentals, not reporting an injury or hazard (like a broken stair) could weaken any future claim against a landlord or property manager. 

Example: A student rear-ended in a car accident might feel sore but decide not to see a doctor. Weeks later, the pain worsens. Because there’s no medical record from the day of the crash, the insurance company can argue the injury wasn’t caused by the accident and may refuse to cover treatment. 

Action step: Teach your student to always report, document, and seek medical care immediately after an accident. Even if they think they’re fine, having a record protects their health and ensures they have coverage if issues come up later. 

 

What Do iIDo If My Student Gets Into Legal Trouble on Campus?

One of the most important conversations you can have with your college student is about what to do if they get into legal trouble. College disciplinary systems are separate from criminal courts, but sometimes both come into play. A dorm incident might lead to a disciplinary hearing, while a run-in with campus police could also mean criminal charges. 

What Your Student Needs to Know 

• School consequences are serious. A disciplinary hearing could result in probation, suspension, or even expulsion. 

• Criminal charges carry long-term effects. Fines, probation, or jail time are possible if campus or local police are involved. 

• Both records matter. A school sanction can affect graduate school or future job applications, while a criminal record follows them for life. 

How to Prepare Your Student 

• Don’t try to “handle it alone.” Encourage them to contact you right away if they’re cited or arrested. 

• Call an attorney first. Legal advice early on can protect both their academic and legal future. 

• Stay calm and respectful. Remind them that arguing with campus security or police can make things worse. 

• Know their rights. They don’t have to answer questions without a lawyer present. 

Bottom Line for Parents 

This isn’t about assuming your child will get in trouble, it’s about making sure they know what to do if something happens. A short conversation now can prevent panic later and give them the tools to protect their future. 

 

How Can I Protect My College Student From Identity Theft or Scams?

As your child heads off to college, it’s important to prepare them not just for academics, but for the real-world challenges of managing money and independence. One of those challenges is learning how to spot and avoid scams. College students are frequent targets because scammers know they are often handling finances, housing, and jobs for the first time. 

Common Scams to Watch For 

Share these examples with your student so they know what to look out for: 

• Scholarship & financial aid scams – “guaranteed money” that requires upfront fees. 

• Job scams – fake job offers asking for bank info or upfront payment. 

• Housing & textbook scams – listings that vanish once money is sent. 

• Fake checks & overpayment schemes – students deposit a check, refund part of it, then discover the check was fake. 

• Phishing emails – messages posing as the school or a company, asking for login details. 

• Romance scams – someone builds an online relationship before requesting money. 

How to Spot a Scam 

Teach your student these warning signs: 

• If it sounds too good to be true, it usually is. 

• Scammers create urgency—pressuring them to act fast. 

• Requests for gift cards, wire transfers, or crypto are always a red flag. 

• Email addresses or website links that look “off” (e.g., amaz0n.com). 

• Unsolicited offers from strangers—especially involving money. 

What To Do If They Get Caught in a Scam 

Even with precautions, mistakes happen. Remind your child: 

• Stop any payments immediately. 

• Contact their bank or card company to block charges. 

• Change passwords if accounts were compromised. 

• Report the scam to their school’s IT or financial aid office, and to the FTC. 

• Check credit reports and consider a fraud alert or a credit freeze if personal information was stolen. 

Final Note for Parents 

The best defense is awareness. Remind your student to slow down, ask questions, and verify before sharing personal or financial information. Let them know they can always reach out to you if something doesn’t feel right, it’s better to double-check than to risk becoming a victim. 

 

Ready for a Back-to-School Legal Pack? 

Our team can help you: 

• Prepare all essential legal documents 

• Review lease agreements 

• Set up digital and financial protections 

Call us at 407-512-4394 or schedule a consultation today to make sure your student is protected, from move-in day to graduation.

The attorneys at The Orlando Law Group help with all types of legal issues for homeowners and property owners in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

 

In recent years, the real estate market has seen a rise in creative financing. While this can mean many things, one of the most common methods is the subject-to transaction. In this scenario, a Buyer purchases property “subject-to” the existing mortgage. 

This is not the same as assuming the current mortgage, and the difference can have serious, often overlooked, consequences for Sellers. 

 

What is the Due on Sale Clause? 

Most traditional mortgages contain a due on sale clause that reads substantially as follows: 

“If all or any part of the Property or any interest in the Property is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)… Lender may require immediate payment in full of all sums secured by this Security Instrument.” 

In plain terms, this means that if the property is sold, deeded away, or transferred in any way, the lender may demand immediate payment in full of the mortgage balance. 

• Some Buyers claim Sellers can deed property into a land trust and then sell their interest in the trust instead of the property. 

• However, changing the beneficial interest in a land trust or LLC can still trigger the due on sale clause. 

 

Subject-To vs. Assumption of Mortgage 

What is a Mortgage Assumption? 

When a Buyer assumes a mortgage: 

• They apply with the lender to replace the Seller as the responsible party. 

• The Seller is typically removed from liability under the mortgage and promissory note. 

• This option can be advantageous if the existing mortgage rate is lower than current rates. 

What is a Subject-To Transaction? 

In a subject-to transaction: 

• The Buyer does not assume the debt, it remains in the Seller’s name. 

• The Buyer makes payments on the Seller’s debt but has no personal liability. 

• If everything goes smoothly (payments are made, lender doesn’t enforce the due on sale clause, and refinancing occurs), the Seller is eventually relieved of responsibility. 

• However, this leaves significant risk if things go wrong. 

 

Why is Subject-To Risky for Sellers? 

1. No Personal Liability for the Buyer

If the property becomes unprofitable, the Buyer can walk away, leaving the Seller responsible for foreclosure risk, even years later. 

2. Missed Payments Damage Seller’s Credit

Each missed payment impacts the Seller’s credit, making it harder to: 

• Qualify for credit cards 

• Finance vehicles 

• Obtain other loans 

3. Difficulty Purchasing a New Property

Since the Seller remains liable for the old mortgage, it increases their debt-to-income ratio, making it harder to qualify for new mortgages, even though they no longer own the property. 

4. Foreclosure Risk

If foreclosure occurs, the Seller can still be named as a party in the case and receive a foreclosure judgment, despite no longer owning the property. 

5. Loss of Surplus Funds in Florida

Under Florida law, foreclosure sales that exceed the mortgage balance create surplus funds. 

• Example: If $200,000 is owed and the home sells for $400,000, there’s a $200,000 surplus. 

• In a subject-to, the Seller is liable for the debt but no longer entitled to any surplus proceeds. 

 

Should Sellers Consider Subject-To Transactions? 

Subject-to purchases can be attractive to Buyers since they allow acquisition with less upfront money. But for Sellers, these transactions carry long-term risks, including credit damage, foreclosure judgments, and financial liability without benefit. 

Bottom line: If you’re offered a subject-to deal, consult with an experienced real estate attorney before signing anything. 

👉 Contact our real estate attorneys to review your situation and protect your financial future.

The attorneys at The Orlando Law Group help with all types of legal issues for homeowners and property owners in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.