Florida property laws deal primarily with the ownership of land. Florida real property law education and training should include recognition of the most important classifications of real property. These include concurrent estates, freehold estates and non-freehold estates.

Real estate laws in FL generally allows the state exclusive jurisdiction over the land within its borders. These laws are not subject to federal law for the most part. There are three phases to an attorney’s education on real property laws in Florida:

1. Formal education. An attorney who practices real estate law in FL should at least have a Juris Doctor (J.D.) degree. The J.D. degree should come from a law school that is accredited by the American Bar Association (ABA).
2. Specialization. Attorneys frequently choose to specialize by taking specific training in real property law in Florida. These courses may be taken as a program of concentration in law school or as Continuing Legal Education (CLE).
3. Membership in professional organizations. There are many legal organizations for attorneys who practice real property law. These may be bar associations, organizations for a particular cause or groups exclusively for practicing real estate attorneys.
   

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Attend a law school that specializes in Florida real property law

There are a variety of universities in Florida that provide training in real property law, such as specific coursework, a formal concentration or legal clinics.

I recommend: The University of Florida Levin College of Law includes a variety of courses in real property law in its curriculum. Florida State University College of Law offers a certificate program in land use and environmental law.

Obtain CLE credit for a Florida real property law attorney

Florida requires attorneys to stay current on changes in employment law with CLE courses. There are a variety of education and training programs in Florida that provide CLE credit in real property law.

I recommend: The Real Property, Probate and Trust Law Section of the Florida Bar provides a list of upcoming CLE courses on real property law in Florida. LexisNexis offers CLE publication on real property law in Florida, such as Florida Real Property Complex Transactions.

Learn through professional training associations on real property law in Florida

Professional associations frequently offer formal training such as conferences, seminars and workshops in employment and labor law. These organizations also provide more casual meetings that allow attorneys to exchange tips on building and maintaining a practice.

I recommend: The Dade County Bar Association offers tapes on varying topics that have been approved by the Florida Bar, including property law. The St. Petersburg Bar Association calendar of events includes meetings on real property law.

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• •  An attorney who practices real estate law in Florida may also wish to specialize in a particular type of real property to provide better service for their clients. For example, an attorney may learn about the specific property laws on farming in order to build a practice around agricultural property.

If you find property law in Florida to be a bit confusing, you're not alone. Many business owners decide to hire a lawyer that understands Florida real estate laws to help them understand the mountain of information that is available.

Florida property laws affect many areas of businesses, from regulating what types of businesses you can run on a certain property, to specifying the amount of insurance you must purchase. A small mistake could mean big trouble. This is why it's helpful to hire a lawyer to deal with complicated issues.

Before you search for a lawyer with experience in Florida real property law:

1. Do your own research about Florida real property laws. This helps you to make more informed decisions with the help of your lawyer.

2. Understand the ways that lawyers are paid. Some Florida property law lawyers request payment on an hourly basis while others charge a per-project or per-month fee. Decide which method is more cost-effective for your business.

3. Whenever possible, try to take care of paperwork by yourself. This is a great way to save on costs.

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Understand the property insurance requirements of the real estate law in FL

Whether you own residential, commercial or industrial property, the law dictates that you must also have property insurance to protect against losses. Many business owners decide to purchase more than the minimum for the ease of mind that it provides, especially in Florida where inclement weather can prove to be damaging.

I recommend: The Florida Office of Insurance Regulation offers several resources to help you understand the insurance requirements. Once you know what you need, head on over to Citizens Property Insurance Corporation to purchase a policy.

Chose a lawyer with experience in Florida real property law

All businesses should have a real estate lawyer that they can consult on important matters. It's important to know that you have someone who is working on behalf of you and your company.

I recommend: Work with Oppenheim Pilelsky, P.A. to help you understand the Florida real estate laws that apply to your situation. You can also search for lawyers through The Florida Bar.

Find a construction lawyer to advise you on Florida property laws pertaining to building

There are many regulations for building a new property or renovating an existing property. A good construction lawyer will understand the Florida real property law and be able to help you build what you want without any legal issues.

I recommend: Contact Reilly Roche LLP to help you with your building plans. The lawyers there have experience in both architecture and law. Steven B. Lesser is a Florida lawyer that has been board-certified in construction law.

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• •  Choose the right lawyer for your business. For example, if you own an agricultural company, you should choose a lawyer with agricultural experience as well as knowledge about real property law in Florida.

Real property law in Florida can be complicated. If you are purchasing real estate in Florida, the best way to begin is understanding the basic categories of ownership, taxation and land use regulations, and then move on to the more specific laws under those categories.

The following terms will help familiarize you with the basic ownership types in Florida and the real estate regulation categories regarding land use and taxation dealt with by Florida real property law.

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Property insurance

Florida requires proof of homeowners insurance before closing on a real estate property. The property insurance rates are based on both past and anticipated losses in the state of Florida only. Property insurers cannot use profits from business done in other states to subsidize Florida losses.

I recommend: Trend Magazine gives some basic facts about Florida's property insurance issues.

Zoning ordinances

Zoning regulations are decided on by local government in order to control how real property can best be used for the overall community. They must include residential, commercial, industrial, and agricultural interests. Variance permits, or conditional use permits make exceptions for property use if local government can be convinced that the use will benefit the community.

I recommend: Municode.com is an information source for all city and county codes, ordinances and minutes in the state of Florida.

Assessments and special assessments

An assessment is the way the state levies property taxes. The value of the home is assessed, but this is not necessarily the property's true market value. A special assessment is when a tax is levied in order to cover the cost of improvements that will have an added value for the property. Common special assessments are for street resurfacing, sidewalk repair, or street lighting installation.

I recommend: The Florida Department of Revenue oversees the property tax rolls for all Florida counties through the Property Tax Oversight Program.

Tenancy in common, or TIC

Tenancy in common is one type of co-ownership. These co-owners share the right to sell or put an encumbrance on the real property. Right of survivorship is not a trait of tenants in common. When a tenant in common dies, their ownership interest passes to their heirs as part of the estate.

I recommend: Sirkin Paul Associates has a detailed explanation of tenancy in common.

Joint tenancy

Joint tenancy is another type of real estate co-ownership. Each separate owner has the right to sell, posses or put an encumbrance on the entire property. The right of survivorship applies in joint tenancy. When one owner dies, the remaining joint tenants split the deceased's share equally. This way, joint tenancy is a way to avoid probate and estate taxes for the surviving joint tenant or tenants.

I recommend: Sarasota Florida Real Estate describes the various ways to hold a title on Florida real estate.

Land use laws

Land use laws go beyond zoning laws to determine how a structure may be built, as well as its size and where it may be located on the property. Building codes and certificates of occupancy are a couple of examples of land use laws.

I recommend: View a complete list of all land use laws on the Florida Legislature website.

Attorneys in Florida have a strong motivation to stay informed on Florida real property law news and trends. Attorneys must keep track of the latest rulings in cases involving Florida real property law. The state may alter its procedures at any time, which may change the way real property attorneys do their jobs. Attorneys also may want to know what the general public is saying about real property law, in order to correct any misconceptions their clients may have.

The best sources of information on news and trends for Florida real estate laws may be grouped into the following three categories:

1. State websites on business real property laws in Florida. These sites are the best source of official procedures or court rulings on Florida real property law.
2. Independent sources of news on Florida real property laws, such as blogs, magazines and newspapers. These sources are the most likely to provide news and opinions on real property law that do not rely on any particular business or lobby group.
3. Legal professionals. Real property attorneys may be able to provide inside news and information on real property law.
   

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Review state websites to get official news and information on Florida real estate law

Florida government websites are the best places to get the latest news about Florida real property law. A Florida government website also may publish the state statutes to help attorneys stay informed on the latest legislation that relates to Florida real property law.

I recommend: Justia.com provides summaries of recent cases in Florida that involve real property law. The Florida Fifth District Court of Appeal handles real property law cases in Florida, such as Lake Forest v. Orlando Lake.

Study independent sources of news and trends on Florida property laws

Universities, law libraries and news outlets frequently report on recent court cases and legislative updates on Florida real property law. Public forums may also discuss real property law in Florida.

I recommend: FlippingHomes.com has a recent discussion on a matter of real property law in Florida. The Florida Bar provides current ethics opinions on matters of real property law, such as representing distressed homeowners.

Get inside news on real property law from attorneys that practice Florida real property law

A real property lawyer in Florida frequently has information on Florida law that is unavailable elsewhere. Real property attorneys may publish newsletters or full length articles on a particular aspect of real property law in Florida.

I recommend: Becker & Poliakoff provides a newsletter on recent developments in real estate for Florida. Urban Thier Federer & Jackson provides updates on real property law cases in Florida that it's currently handling.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Florida real property laws are specified in Title 11 of the United States Code and are typically identified by the relevant chapter. For example, a Chapter 7 real property is a basic liquidation of individual assets and comprises the majority of bankruptcies for individuals. The second most common real property for individuals is a Chapter 13 real property, which is designed for individuals with a source of income who can make regular payments.