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Florida Demand Letter

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Florida Legal Requirements

Key FL statutes and obligations that apply to your demand letter.

Requirements

  • No statutory form required
  • Small claims court: up to $8,000 in county court; no attorney required
  • Florida Consumer Collection Practices Act (§ 559.72) governs debt collection letters
  • Construction defects: 60-day notice required before suit (§ 558.004)
  • Insurance claims: detailed demand required before bad faith claim

Restrictions & Limits

  • Cannot use harassing, oppressive, or abusive language
  • Cannot make false representations about legal status or amount
  • Construction defect demand: 60-day notice/inspection period before litigation

Official Statute References

Primary Florida statutes governing this document type.

Florida Demand Letter FAQ

Common questions about demand letters under Florida law.

What is Florida's small claims court limit?

Florida county courts handle small claims up to $8,000 (excluding attorney fees and costs). Cases above $8,000 must be filed in circuit court. Small claims proceedings are designed for non-lawyers and have simplified procedures.

Does Florida require a pre-suit demand for construction defects?

Yes. Florida Statute § 558.004 requires homeowners to send a written construction defect notice to the contractor at least 60 days before filing suit. The contractor has the right to inspect and make a settlement offer within this period.

How do I make a bad faith demand on a Florida insurance company?

Under Florida Statute § 624.155, you must send a Civil Remedy Notice (CRN) to the Florida Department of Financial Services and the insurer at least 60 days before filing a bad faith lawsuit. The CRN must detail the insurer's bad faith conduct.

What is Florida's statute of limitations for contract claims?

Florida Statute § 95.11(2)(b) provides 5 years for written contracts and 4 years for oral contracts. The limitations period begins when the breach occurs, not when you discover it. A demand letter does not toll the statute of limitations — file suit before the deadline.

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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.