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.”

---

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.

 

Can Florida landlords email legal notices? It’s a common question—and until recently, the answer was mostly no. Under current Florida law, notices like a 3-day notice to pay rent or a 7-day notice of noncompliance must be hand-delivered, mailed, or posted at the property. That means if a landlord sends a notice by text or email—even with the best intentions—it might not be legally valid.

But a new law—Florida House Bill 615—is set to change that. It creates Florida Statute 83.505, which allows certain legal notices to be delivered by email. Not text, not DMs—email only—and only if both parties agree in writing. Until July1st, legal notices must still be delivered the traditional way: either hand-delivered, mailed, or posted on the premises, as required under Florida Statute Chapter 83.

If you’re a landlord wondering how to modernize your lease—or a tenant curious about your rights—here’s what you need to know before July 1st rolls around.

What does Florida HB 615 actually change?

This new law creates Florida Statute 83.505, which allows email delivery of legal notices—but not all types of notices, and only with a mutual written agreement. Examples of notices that may be eligible for email delivery include:

• Lease renewal or termination notices
• Maintenance requests or notices to enter
• 7-day notices for non-compliance (if allowed under interpretation)

However, notices involving court filings or formal evictions will likely still require physical delivery to remain valid under Florida law.

Is a written agreement required to send notices by email?

Yes. Both the landlord and tenant must sign a lease agreement or lease addendum that:

• Specifies email as the method of communication
• Lists the approved email addresses
• Includes a clear statement of consent
• Is signed and dated by all parties

This agreement can be revoked at any time by either party, at which point the landlord or tenant must return to the original statutory delivery methods.

Example clause for lease agreements:

“Tenant agrees to receive all non-emergency communications and legal notices via email at [email address] and confirms that this method is acceptable for official notice delivery under Florida Statutes. This agreement may be revoked by either party at any time in writing.”

Are Florida landlords still required to send written physical notices?

Possibly. Even with a signed agreement permitting email, many landlords and attorneys will continue to send both email and physical copies—especially for time-sensitive matters like rent nonpayment or lease termination. This “belt and suspenders” approach reduces legal risk until the courts establish clear precedent under the new law.

What happens if a landlord sends a notice by email without a written agreement?

That notice may be considered invalid. Without an enforceable written agreement, landlords must use hand delivery, mail, or posting. Relying solely on email—or especially text—could jeopardize eviction cases or other legal actions.

How will this law affect lease disputes and evictions in Florida?

The practical impact will depend on how courts interpret and apply the law in real-world cases. If a party fails to follow proper procedure, their notice could be ruled invalid, potentially delaying evictions or other legal processes. Until more case law develops, proceed cautiously and consult an attorney before relying on email alone.

What are the risks of relying on email alone?

Even if both parties sign an email agreement, there are still legal gray areas. Some risks include:

• Email goes to spam or is accidentally deleted
• Outdated or incorrect email address
• Email server issues or delivery failures
• Tenant denies receipt of the message

Because of these potential issues, many attorneys recommend dual delivery (both physical and email) for important notices like nonpayment or lease violations.

How does this affect lease disputes and evictions?

The full legal impact of Florida Statute 83.505 won’t be clear until it is tested in court. For now:

• If an email is sent without a valid agreement, it could invalidate the notice
• If a tenant doesn’t check their email regularly, it may lead to delayed responses
• If either party revokes the agreement, they must return to physical delivery

When in doubt, err on the side of caution and document everything. Maintaining printed copies of emails, screenshots of delivery confirmation, or backup hand-delivered notices can protect both parties in disputes.

Is this law only for residential leases?

No. This statute applies to both residential and commercial tenancies in Florida. Commercial landlords and tenants may also benefit from using email for certain communications—again, only if they follow the proper procedures and sign a written agreement.

---

Legal Insight from Jarrod Etheridge

Jarrod Etheridge, a Florida attorney experienced in landlord-tenant law, advises that this new statute will streamline certain communications but should be used carefully. “This change gives more flexibility, but only with proper documentation. A clear, written agreement is key—otherwise, you’re right back to traditional delivery,” Etheridge notes.

---

Need help updating your lease or understanding Florida landlord-tenant law?

Whether you’re a landlord updating lease terms or a tenant navigating your rights, we’re here to help. Contact our office to speak with an attorney who understands the evolving Florida Statutes.

📞 Call us at (407) 512-4394 or

🖥️ Fill out our online contact form to schedule a consultation.

We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Altamonte Springs and Winter Garden to assist you.