Miami, FL Consumer Law

Tools and Resources for Miami, FL Consumers

Florida Inheritance Law & Probate Procedure

• Florida PROBATE COURT FINDER:
  
  • Probate Court for Miami-Dade County: Key information about your local probate court (Circuit Court in Florida) for Miami-Dade County.
• How Probate Works in Florida: How to handle the probate of an inheritance at Miami-Dade County's probate court.
  • Here are links to Florida probate forms from the Florida probate court website.
• Small Estates Procedures in Florida: Learn how to use Florida's Small Estate procedures that can save you time and money.

  • In Florida, there's no Affidavit procedure available for small estates. There is a summary probate procedure available for estates that have no real estate and in which all property is exempt from creditor's claims, except the amounts needed to pay funeral and the last two months of illness expenses.

    Fla. Stat. Ann 735.201

    There's another summary probate procedure available for estates that don't exceed $75,000 or in which the decedent has been dead for mor than two years. (This excludes the value of all joint tenancy property and other assets that pass by beneficiary designation, such as life insurance and transfer on death accounts.)

    Fla. Stat. Ann 735.201 and following.

• Florida Estate Taxes:

  • Florida, like most states, does not impose an estate or inheritance tax. Only a few states do.

• Avoiding Probate in Florida. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
  • Transfer on Death Deeds (TODDs)

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Florida Wage & Hour Law

• Florida Minimum Wage:  

  • The minimum wage in Florida is $12 an hour, as of September 30, 2023. Because this is higher than the federal minimum wage of $7.25, employees in The Sunshine State must be paid at least $12 an hour. 

    Miami-Dade County Minimum Wage

    The minimum wage in Miami-Dade County is $12 an hour, the state minimum wage. Florida law prohibits city and county governments from adopting a local minimum wage that's higher than the state minimum wage. 

    Miami Minimum Wage

    The minimum wage in Miami, Florida, is  $12 an hour, the state minimum wage. Florida law prohibits city and county governments from adopting a local minimum wage that's higher than the state minimum wage. 

  • For more information on Florida’s minimum wage, see https://www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-and-required-notices.

• Overtime Pay: Every state has rules about weekly maximum hours and overtime. Learn about the overtime laws in Florida and whether they apply to you.

  • Florida has adopted the federal Fair Labor Standards Act (FLSA) overtime rate of 1-1/2 times your regular wage for every hour you work over 40 hours in a given workweek.

• Wage Claims: If you're being unlawfully underpaid, you need to learn how to file a "Wage Claim" in Florida. 

  • Florida does not have a wage claim form or other administrative complaint procedure to enforce its minimum wage law. For  information on how Florida’s minimum wage law is enforced, see https://www.floridajobs.org/docs/default-source/business-growth-and-partnerships/for-employers/posters-and-required-notices/2022-minimum-wage/2022-florida-minimum-wage-poster-english.pdf. 

• Tips : Every state has special pay rates for tipped workers. Find out the rules for tipped workers in Florida.

  • In Florida, your employer may pay you a minimum wage of $8.98 an hour (as of September 30, 2023), as long as you earn enough in tips to bring your total hourly pay up to the full minimum wage, $12 an hour. If you don’t earn enough in tips to bring your compensation to the full minimum wage, your employer must make up the difference.

• State Labor Board:
  • Learn more about your rights under Florida law from the Florida Department of Economic Opportunity. 850-245-7105

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Florida Unemployment Benefits

• Benefit Amounts in Florida: Learn how unemployment works, how much you'll get, and for how long.
  • In Florida, unemployment benefits range from $32 per week to $275 per week.
  • Formula:

    In Florida, your weekly benefit amount will be one twenty-sixth of your earnings during the highest paid quarter of the base period. 

  • Duration:

    In Florida, the duration of benefits depends on the state's unemployment rate when you apply. The maximum period for which you can receive benefits ranges from 12 to 23 weeks. 

• Eligibility: >Whether you qualify for unemployment.
• How to Apply: How to apply for unemployment in Florida.
• Unemployment Office Near Me? How to find your local unemployment office.

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Bankruptcy & Debt

• Free Florida MEANS TEST CALCULATOR for Miami-Dade County (applies the state and county income and expense standards into your means test calculation. Updated with the latest median income and expense standards for April 1, 2024)
• Free Florida BANKRUPTCY EXEMPTION FINDER: Search detailed listings of bankruptcy exemptions under Florida law and Federal law, for use in filing out Schedule C, when you file for bankruptcy. 
• Florida BANKRUPTCY COURT ESSENTIAL INFO: Get information about using your local bankruptcy court.

  Florida is divided into 3 federal districts with main cities in

  • Miami, West Palm Beach (Southern Distrcit)
  • Pensacola (Northern District)
  • Tampa, Orlando, Jacksonville (Middle District)
• FREE BANKRUPTCY FORMS:
  We'll tell you which bankruptcy forms you need and where to find them.

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Child Custody & Family Courts in Florida 

• State Standards For Custody Decisions: How Florida Courts make child custody decisions
• Family Court for Miami-Dade County: Miami-Dade County Family Court information, including maps, forms and links.
• Enforcement of Custody Orders: Can you enlist local police to help enforce a custody court order?
• Child Custody Lawyers: To help you handle your child custody matters.

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Florida Obamacare

• Sign Up: We have the latest on how to sign up for Obamacare Insurance in Florida!
• Is Health Insurance Mandatory in Florida? Learn about whether Florida imposes tax penalties for not having health insurance.
• Special Enrollment Periods: How to enroll because of a "special enrollment period."
• Rates & Providers in Your County: Information and rates for providers for Miami-Dade County if you live in a state served by Healthcare.gov.

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Democracy In Florida, Miami-Dade County, Miami 

• Elected Representatives: Find out the websites and phone numbers of those representing you at the Federal, State, County, and City levels of government.
• How to Vote: Learn how to register and where and when to vote in Miami, FL.
• Gerrymandering in Florida: Has your state been gerrymandered? Find out how to end gerrymandering and have voters pick politicians, not vice versa.
• Tracking Issues: Organizations that track legislation you care about 

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Find a Lawyer in Miami, FL

• Our Lawyers by Zipcode section allows users to find a local lawyer using the best online resources, including on topics we don't cover.
• DUI, Criminal Defense
• Auto Accidents & Personal Injury
• Immigration

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