Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b)

591 So. 2d 594, 16 Fla. L. Weekly Supp. 765, 1991 Fla. LEXIS 2134, 1991 WL 258213
CourtSupreme Court of Florida
DecidedDecember 5, 1991
DocketNo. 77737
StatusPublished
Cited by6 cases

This text of 591 So. 2d 594 (Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b)) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b), 591 So. 2d 594, 16 Fla. L. Weekly Supp. 765, 1991 Fla. LEXIS 2134, 1991 WL 258213 (Fla. 1991).

Opinion

PER CURIAM.

The Florida Bar petitions this Court for approval of seventeen forms pursuant to rule 10-l.l(b) of the Rules Regulating The Florida Bar. We have jurisdiction. Art. V, § 2(a), Fla. Const.

Rule 10-1.1(b) allows nonlawyers to assist in the completion of legal forms approved by this Court. Under this rule, oral communication between the nonlawyer and the person being assisted is “restricted to those communications reasonably necessary to elicit factual information to complete the form and inform the person how to file the form.” The Fla. Bar re Amendments to Rules Regulating The Fla. Bar — Chapter 10, 581 So.2d 901, 902 (Fla.1991).

Rule 10-l.l(b) was adopted to provide “better access to the courts while continuing to protect the public from persons not competent to give legal advice.” The Fla. Bar re Amendment to Rules Regulating The Fla. Bar (Chapter 10), 510 So.2d 596, 597 (Fla.1987). In furtherance of this goal, the Bar has attempted to define those areas amenable to a forms practice and to develop simplified forms for use by nonlaw-yers pursuant to rule 10-l.l(b). The forms developed by the Bar are of a fill-in-the-blank type and require nothing more than the insertion of factual information.

The seventeen forms offered for our approval are: 1) Residential Lease (For a Term Not to Exceed One Year); 2) Notice From Landlord To Tenant — Termination For Failure to Pay Rent; 3) Notice From Landlord To Tenant — Termination For Noncompliance Other Than Failure to Pay Rent; 4) Notice From Tenant To LandLord — Termination For Failure Of Landlord To Maintain Premises As Required By Florida Statute 83.51(1) Or Material Provisions Of The Rental Agreement; 5) Notice From Tenant To Landlord — Withholding Rent For Failure of Landlord To Maintain Premises As Required By Florida Statute 83.51(1) Or Material Provisions Of the Rental Agreement; 6) Complaint For Landlord To Evict Tenants For Failure To Pay Rent And To Recover Past Due Rent; 7) Complaint For Landlord To Evict Tenants For Failure To Comply With Lease (Other Than Failure To Pay Rent); 8) Summons— Eviction Claim; 9) Summons — Damages Claim; 10) Final Judgment — Damages; 11) Final Judgment — Eviction; 12) Writ of Possession; 13) Notice of Intention To Impose Claim On Security Deposit; 14) Satisfaction of Mortgage; 15) Satisfaction of Judgment-County Court; 16) Satisfaction of Judgment — Circuit Court; 17) Document For Sale of Goods.

We approve and authorize the publication of forms 2 through 17, as listed above. However, we reserve ruling on form 1, the Residential Lease (For A Term Not To Exceed One Year), pending oral argument on that proposed form, which has been scheduled for Monday, February 3, 1992.

In addition to the proposed forms, the Bar has prepared instructions for the use of landlord and tenant forms listed as 2 through 13 above, as well as an information sheet explaining possible ways to collect a judgment for unpaid rent. While we authorize the publication of the instructions and information sheet, we do not express an opinion on the legal correctness of either. Because local procedures may vary from circuit to circuit, the chief judge of each circuit is authorized to prepare supplemental directions for the use of the approved forms. Supplemental directions shall be filed with the clerk of court in the respective circuit and with the clerk of this Court.

All forms approved by this Court shall be identified as such on the face of the forms [596]*596which shall read: “Approved for use under rule 10-l.l(b) of the Rules Regulating The Florida Bar.” The approved forms are appended to ensure their availability for use immediately upon the filing of this opinion.

It is so ordered.

SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.

APPENDIX

NOTICE FROM LANDLORD TO TENANT — TERMINATION FOR FAILURE TO PAY RENT

(Tenant’s Name and Address)

Dear (_):

Tenant’s Name

You are hereby notified that you are indebted to me in the sum of $- (insert amount owed by Tenant) for the rent and use of the premises-, (insert address of leased premises, including county) Florida, now occupied by you and that I demand payment of the rent or possession of the premises within three days (excluding Saturday, Sunday and legal holidays) from the date of delivery of this notice to-wit: on or before the — day of-, 19— [insert the date which is three days from the delivery of this notice, excluding the date of delivery, Saturday, Sunday and legal holidays].

(Landlord’s Name Address Phone Number)

NOTE: This notice may be delivered by mail or by delivering a copy to the property.

This notice must be delivered, and the three day time period must run, before starting suit to evict the tenant or to recover past due rent.

SOURCE: Section 83.56(3), Florida Statutes (1990).

NOTICE FROM LANDLORD TO TENANT — TERMINATION FOR NONCOMPLIANCE OTHER THAN FAILURE TO PAY RENT

Dear-:

(Tenant’s Name)

You are hereby notified that yo.u are not complying with your lease in that (insert noncompliance) Demand is hereby made that you remedy the noncompliance within seven days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within twelve months, your tenancy is subject to termination without your being given an opportunity to cure the noncompliance.

[597]*597(Landlord’s Name Address Phone Number)

NOTE: Lease violations which entitle the landlord to send this Notice include having or permitting unauthorized pets, unauthorized guests, or unauthorized vehicles; parking in an unauthorized manner or permitting such parking; failing to keep the premises clean and sanitary; or other activities not permitted by the lease.

Under some situations, such as the tenant’s intentional destruction of property of the landlord or other tenants, the landlord may be able to terminate the lease without giving the tenant an opportunity to remedy. For the notice necessary to terminate the lease under these circumstances, see Florida Statute 83.52(2)(a).

The delivery of this written notice may be by mailing or delivery of a true copy to the premises, or, if the Tenant is absent from the premises, by leaving a copy of the notice at the premises.

This written notice must be delivered, and the seven day time period must run, prior to any termination of the lease or any lawsuit for eviction.

SOURCE: Section 83.52(2)(b), Florida Statute (1990).

NOTICE FROM TENANT TO LANDLORD — TERMINATION FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA STATUTE 83.51(1) OR MATERIAL PROVISIONS OF THE RENTAL AGREEMENT

(Landlord’s Name and Address)

Re: Seven Day Notice of Noncompliance to Landlord

Dear_:

(Landlord’s Name)

This is to inform you that you are not maintaining my apartment as required by Florida Statute 83.51(1) and our lease agreement. If you do not complete the following repairs in the next seven days I will terminate the lease, move out, and hold you responsible for any damages resulting from the termination:

[list Landlord’s violations]

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Related

The Florida Bar v. Catarcio
709 So. 2d 96 (Supreme Court of Florida, 1998)
Florida Bar re Approval of Forms Pursuant to Rule 10-2.1(a)
621 So. 2d 1025 (Supreme Court of Florida, 1993)
Florida Bar re: Advisory Opinion
602 So. 2d 914 (Supreme Court of Florida, 1992)

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Bluebook (online)
591 So. 2d 594, 16 Fla. L. Weekly Supp. 765, 1991 Fla. LEXIS 2134, 1991 WL 258213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-bar-re-approval-of-forms-pursuant-to-rule-10-11b-fla-1991.