Attorneys in Miami Shores

Florida bankruptcy automatic stay (11 U.S.C. § 362) immediately halts most collection actions, lawsuits, foreclosures, and wage garnishments the moment a bankruptcy is filed.

Florida businesses can use Chapter 11 to reorganize debt while continuing operations. Subchapter V (small-business) streamlines for businesses with debt under ~$7.5M.

Florida arbitration clauses are widely enforced under the Federal Arbitration Act (FAA) — but unconscionability, class-action waiver issues, and the 2022 EFAA (sexual-harassment carve-out) limit some clauses.

Florida breach-of-contract claims require valid contract + breach + damages — but most cases turn on what damages can be proved, not whether breach occurred.

Your federal constitutional rights apply if you're arrested in Florida — Miranda, right to remain silent, right to counsel. Phone-call rule: Reasonable phone access.

Florida assault charges: simple assault is typically 2nd-degree misdemeanor up to 60 days; aggravated forms can reach or 2nd-degree felony if dangerous weapon (up to 15 yrs).

Florida DUI breath-test results can be challenged on calibration, maintenance, operator error, mouth alcohol, and machine reliability — successful challenges have led to thousands of dismissals nationally.

Florida commercial driver's license (CDL) holders face stricter DUI rules — 0.04% BAC limit (half of regular drivers) plus career-ending consequences for ANY DUI in any vehicle.

Florida disabled employees are protected by the federal ADA (15+ employees) + state law — employers must engage in interactive process + provide reasonable accommodations unless undue hardship.

Florida workers age 40+ are protected by the federal ADEA + state law from age discrimination — but the Supreme Court's Gross v. FBL standard requires "but-for" causation, making cases harder than other discrimination claims.

Florida asset protection involves layering — exemption planning, business entities, retirement accounts, and (for some) Domestic Asset Protection Trusts (DAPTs) in DAPT-friendly states.

Florida blended families need careful estate planning to avoid disinheriting biological children when surviving spouse remarries — QTIP trusts, life insurance, and specific structures address the conflict.

Florida adoption involves consent rules, a court-supervised home study, and (for newborn adoptions) a state-specific revocation window. 3 days for newborns; longer for older children, varies.

Florida calls it alimony. Florida's 2023 reform (SB 1416) ELIMINATED permanent alimony and capped durational alimony at 50% of marriage length for short marriages, 60% for moderate, and 75% for long.

Asylum is governed by federal law but cases are heard in the immigration court closest to where the applicant lives. Miami, Orlando, Krome (detained) Immigration Courts. Heavy asylum docket due to Cuban, Haitian, Venezuelan, and Central American populations.

Florida immigrants in removal proceedings may qualify for cancellation of removal — relief that allows long-term residents (LPRs and certain non-LPRs) to avoid deportation and obtain green cards.

Copyright is purely federal — registered with the U.S. Copyright Office, enforced through federal district courts. Florida infringement cases are filed in U.S. District Courts for the Northern.

Florida creators using copyrighted material need fair-use analysis — four-factor test (purpose, nature, amount, market effect) determines whether use is lawful without permission.

Florida amusement park / ride / water park injuries can lead to negligence, premises liability, and product-liability claims — but liability waivers and federal CPSC reporting create complications.

Florida aviation-accident claims involve federal aviation law, FAA / NTSB investigations, multiple potential defendants, and (for international flights) treaties like the Montreal Convention.

Florida 1031 like-kind exchanges defer capital gains tax on real-estate sales when proceeds reinvest in similar property — strict 45/180-day deadlines + qualified intermediary required.

Florida adverse possession requires 7 years (must pay taxes for 7 years OR have color of title) of continuous, open, hostile, exclusive, and notorious possession.

Florida spouses who filed joint returns can escape responsibility for tax debts caused by the other spouse — through innocent spouse, separation of liability, or equitable relief.

Florida taxpayers facing IRS audits should know — most audits are correspondence (mail-only), 3-year SOL is standard, and you have appeal + Tax Court rights at every step.