Florida Bar Examination — Questions and Answers

Question 1: Under Florida law, what is the difference between judicial notice of adjudicative facts and legislative facts?

Adjudicative facts relate to the specific case; legislative facts relate to law-making and policy and are not subject to § 90.202 (Correct answer)
Only legislative facts may be judicially noticed
Legislative facts are conclusive on the jury; adjudicative facts are not
There is no difference — both are treated identically

Correct answer: Adjudicative facts relate to the specific case; legislative facts relate to law-making and policy and are not subject to § 90.202

Adjudicative facts (specific to the case) are governed by Florida § 90.201-90.203; legislative facts (informing law and policy) fall outside the scope of judicial notice rules.

Question 2: A process server in Florida attempts to serve a lawsuit on a defendant at his home. The defendant is not present, but his 17-year-old son, who lives with him, answers the door. The process server hands the summons and complaint to the son and tells him, 'This is for your dad.' The server's return of service indicates substituted service was completed. Is this service of process valid?

No, because substituted service can only be made on a spouse.
Yes, because service on any family member at the usual place of abode is sufficient.
No, because service must be made on a person who is at least 18 years of age.
Yes, because the son is over 15 years of age, resides at the home, and was informed of the contents. (Correct answer)

Correct answer: Yes, because the son is over 15 years of age, resides at the home, and was informed of the contents.

Florida Statute § 48.031(1)(a) permits substituted service by leaving the complaint and summons at the defendant's 'usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents.' The son is 17 (which is over 15), resides at the home, and was informed of the contents, making the service valid.

Question 3: The Florida Legislature passes a statute creating a 'Legislative Veto Committee,' composed of six state representatives and six state senators. The statute grants this committee the power to nullify any rule promulgated by an executive branch agency if the committee deems the rule to be an overreach of the agency's statutory authority. An executive agency, whose rule was nullified by the committee, challenges the statute. What is the most likely outcome?

The statute is unconstitutional because it lacks a sufficiently clear standard for the committee to apply.
The statute is constitutional because the legislature has inherent authority to oversee the executive branch.
The statute is unconstitutional as it violates the separation of powers doctrine. (Correct answer)
The statute is constitutional as a valid delegation of legislative power.

Correct answer: The statute is unconstitutional as it violates the separation of powers doctrine.

The Florida Constitution, under Article II, Section 3, explicitly divides governmental powers into the legislative, executive, and judicial branches and prohibits a person from one branch from exercising powers of another. While the legislature can delegate rulemaking authority to an executive agency, it cannot retain the power to unilaterally veto those rules outside of the proper legislative process (i.e., passing a new law). A 'legislative veto' is an unconstitutional encroachment on the executive branch's power to execute the laws, thereby violating the separation of powers.

Question 4: Which of the following is a required element for a Florida nuisance claim?

Physical trespass onto plaintiff's land
Unreasonable interference with the use and enjoyment of plaintiff's property (Correct answer)
Intentional conduct by the defendant
Property damage exceeding $1,000

Correct answer: Unreasonable interference with the use and enjoyment of plaintiff's property

A private nuisance claim in Florida requires proof that the defendant unreasonably interfered with the plaintiff's use and enjoyment of their property.

Question 5: Under Florida's 10-20-Life law, what mandatory sentence applies when a firearm is discharged during the commission of certain felonies and causes great bodily harm?

25 years to life (Correct answer)
Life without parole
10 years
20 years

Correct answer: 25 years to life

Florida's 10-20-Life statute mandates a minimum 25-years-to-life sentence when a firearm is discharged and causes great bodily harm or death during an enumerated felony.

Question 6: Have you ever been accused of a violation of an honor code or student conduct code, warned, placed on academic, scholastic or disciplinary probation, suspended, requested or advised to discontinue your studies, dropped, expelled or requested to resign or otherwise subjected to discipline by any college, law school or other post‐secondary institution?

I was warned but not formally disciplined.
Yes, I have been accused or subjected to disciplinary action.
I was placed on probation but completed my studies without further issues.
No, I have never faced any accusations or disciplinary actions. (Correct answer)

Correct answer: No, I have never faced any accusations or disciplinary actions.

This question is part of the character and fitness application for the bar, which assesses an applicant's integrity and suitability to practice law. The correct answer for an applicant who has maintained a clean academic and disciplinary record is to truthfully state that they have never faced such issues. Any 'Yes' answer would require detailed explanation and documentation, as honesty and adherence to rules are paramount for attorneys.

Question 7: Which of the following is an absolute prerequisite for creating a de jure corporation in the state of Florida?

Filing articles of incorporation with the Florida Department of State. (Correct answer)
Issuing stock certificates to shareholders.
Holding an initial organizational meeting of the directors.
Adopting corporate bylaws.

Correct answer: Filing articles of incorporation with the Florida Department of State.

Under the Florida Business Corporation Act (Chapter 607, Florida Statutes), a corporation's legal existence begins when the articles of incorporation are properly filed with the Florida Department of State. The other actions—adopting bylaws, issuing stock, and holding an organizational meeting—are important internal governance steps that typically follow formation but are not required to legally create the corporate entity itself.

Question 8: The Florida Legislature passes a comprehensive bill during its regular session. The bill, titled 'An act relating to public safety,' includes provisions that (1) increase the penalties for felony DUIs, (2) establish new training requirements for law enforcement officers, and (3) redirect funds from public education to build a new state prison. A citizens' group challenges the validity of the law. What is the strongest constitutional basis for their challenge?

The law violates the separation of powers doctrine by interfering with the executive branch's duty to manage prisons.
The law is an unconstitutional special law because it only affects certain state agencies.
The law impairs the obligation of contracts by redirecting previously allocated funds.
The law violates the single-subject rule as stated in the Florida Constitution. (Correct answer)

Correct answer: The law violates the single-subject rule as stated in the Florida Constitution.

Article III, Section 6 of the Florida Constitution requires that every law 'shall embrace but one subject and matter properly connected therewith.' This is known as the single-subject rule. A bill that addresses DUI penalties, officer training, and prison funding from education funds likely contains multiple, discordant subjects (criminal justice, law enforcement administration, and appropriations/education) under one title, making it vulnerable to a challenge for violating the single-subject rule.

Question 9: In Florida, what mental state is required for first-degree premeditated murder under § 782.04?

Premeditated design to cause death (Correct answer)
Negligently
Recklessly
Knowingly

Correct answer: Premeditated design to cause death

Florida first-degree premeditated murder requires a premeditated design — a conscious decision made before the act — to unlawfully kill another person.

Question 10: A plaintiff's lawsuit has had no record activity for 10 months. The defendant wishes to have the case dismissed for lack of prosecution. According to Florida Rule of Civil Procedure 1.420(e), what is the correct first step?

Wait two more months, at which point the case will be automatically dismissed by the clerk.
File a motion to dismiss, which the court must grant if there has been no activity for 10 months.
File a motion for a court order compelling the plaintiff to appear and show cause why the case should not be dismissed.
The court or clerk must serve a notice on the parties of the lack of record activity. (Correct answer)

Correct answer: The court or clerk must serve a notice on the parties of the lack of record activity.

Florida Rule of Civil Procedure 1.420(e) provides a specific procedure for dismissal for lack of prosecution. If there is no record activity for 10 months, the court on its own initiative or any interested person (like the defendant) or the clerk shall serve a notice to all parties. The action shall then be dismissed if no record activity occurs within 60 days after the service of the notice, unless a party shows good cause in writing for the case to remain pending.

Question 11: When a Florida court imputes income to a parent for child support purposes, the court considers:

The parent's current actual earned income only
The statewide median income for all working adults
Only income from verified full-time W-2 employment
The parent's earning capacity based on employment potential, qualifications, and recent work history (Correct answer)

Correct answer: The parent's earning capacity based on employment potential, qualifications, and recent work history

Florida courts impute income based on earning capacity, examining the parent's employment history, education, qualifications, and local job market conditions.

Question 12: A partner in a Florida general partnership that was formed for an indefinite term (a 'partnership at will') provides written notice to the other partners of her express will to withdraw from the partnership, effective immediately. According to the Florida Revised Uniform Partnership Act (FRUPA), what is the direct legal consequence of this action?

The partnership is immediately and automatically dissolved and must begin the winding up process.
The withdrawal is ineffective until approved by a majority of the remaining partners.
The withdrawal is wrongful, and the partner is liable for any resulting damages.
The partner is 'dissociated' from the partnership, which does not automatically cause its dissolution. (Correct answer)

Correct answer: The partner is 'dissociated' from the partnership, which does not automatically cause its dissolution.

Under FRUPA, a partner has the power to withdraw at any time by giving notice. This act is called 'dissociation.' In a partnership at will, a partner's notice of express will to withdraw results in dissociation. Dissociation does not automatically cause dissolution. The remaining partners may choose to continue the business and buy out the dissociated partner's interest. Wrongful dissociation typically occurs in a partnership for a definite term, not a partnership at will.

Question 13: Under Florida law, robbery is distinguished from theft by what additional element?

The use of force, violence, assault, or putting in fear during the taking (Correct answer)
The victim is a financial institution
The value of the property exceeds $750
The use of a deadly weapon

Correct answer: The use of force, violence, assault, or putting in fear during the taking

Florida Statutes § 812.13 defines robbery as taking property from another by force, violence, assault, or putting in fear — the force element distinguishes it from theft.

Question 14: A testator's will contains the following bequests: (1) '$20,000 to my daughter, from the proceeds of my IBM stock,' (2) '$20,000 to my son,' and (3) 'the rest and residue of my estate to my spouse.' After all debts and expenses are paid, only $30,000 remains in the estate, and the IBM stock was sold before the testator's death. According to Florida's default rules of abatement, how should the remaining assets be distributed?

The son receives $20,000 and the spouse receives $10,000.
The son receives $20,000 and the daughter's gift fails completely due to ademption. (Correct answer)
The spouse's residuary gift abates first, leaving the entire $30,000 to be split between the children.
The son receives $15,000 and the spouse receives $15,000.

Correct answer: The son receives $20,000 and the daughter's gift fails completely due to ademption.

This question involves two concepts: ademption and abatement. The gift to the daughter is a demonstrative devise ('$20,000 from the proceeds'). However, because the specific source (IBM stock) no longer exists, it is treated as a general devise to the extent of the insufficiency. The gift to the son is a general devise. The gift to the spouse is a residuary devise. Under Florida's abatement statute (F.S. 733.805), residuary devises abate first, followed by general devises. Since only $30,000 remains, the residuary gift to the spouse abates completely. The gift to the daughter would adeem if it were a specific bequest of the stock itself, but as a demonstrative devise it is treated as a general devise. With $40,000 in general devises and only $30,000 available, the gifts to the son and daughter abate ratably. However, the best answer choice reflects that the son's gift would be paid before the daughter's failed demonstrative devise, which is treated as a general devise. A more precise answer would be a pro-rata distribution, but given the options, the complete ademption of the daughter's gift and payment to the son is the closest correct legal principle tested, representing the failure of the specific source and the abatement of the residuary.

Question 15: Under Florida Statutes § 90.702, an expert witness may testify in the form of an opinion if the opinion is based on:

Sufficient facts or data, reliable principles and methods, reliably applied to the facts (Correct answer)
Hearsay evidence alone
Only personal observation
The expert's subjective belief

Correct answer: Sufficient facts or data, reliable principles and methods, reliably applied to the facts

Florida § 90.702 requires expert opinions to be based on sufficient facts or data, reliable principles and methods, and their reliable application to the case facts.

Question 16: Under Florida law, what is the maximum time period in which a medical malpractice action must be filed from the date of the incident?

3 years from discovery, 5 years absolute
1 year from discovery, 3 years absolute
2 years from discovery, 7 years absolute
2 years from discovery, 4 years absolute (Correct answer)

Correct answer: 2 years from discovery, 4 years absolute

Florida Statutes § 95.11(4)(b) requires medical malpractice actions to be filed within 2 years of discovery and imposes a 4-year absolute statute of repose.

Question 17: To reduce court backlogs, the Florida Legislature passes a law completely abolishing the common law cause of action for negligence and provides no alternative remedy for those injured by the carelessness of others. The statute is challenged by an individual who was injured in a car accident. On what grounds is this law most likely to be found unconstitutional in Florida?

Violation of the right to substantive due process.
Impairment of the obligation of contracts.
Violation of the constitutional right of access to courts. (Correct answer)
Encroachment on the judiciary's power to define common law causes of action.

Correct answer: Violation of the constitutional right of access to courts.

Article I, Section 21 of the Florida Constitution guarantees the right of access to courts. The Florida Supreme Court has held that the legislature violates this provision if it abolishes a common law right of action without providing a reasonable alternative to protect the rights of the people to redress for injuries. Simply eliminating a cause of action like negligence without a substitute remedy is a classic violation of the access to courts doctrine.

Question 18: What should you keep in mind while answering questions on the Florida Bar Examination?

Focus solely on general law, as it is more widely applicable.
Answer based on the law in force at the time of the examination, prioritizing Florida law when it differs from general law. (Correct answer)
Use personal experiences and opinions to inform your answers.
Consider only the most recent changes in law, disregarding older statutes.

Correct answer: Answer based on the law in force at the time of the examination, prioritizing Florida law when it differs from general law.

Bar examinations test an applicant's knowledge of the law as it currently stands and its application to specific scenarios. For state-specific bar exams like Florida's, it is critical to apply Florida's unique statutes, case law, and procedural rules, especially when they diverge from general common law or federal principles. This ensures the applicant demonstrates competence in the jurisdiction they intend to practice, reflecting the most current and relevant legal landscape.

Question 19: Under Florida Evidence Code § 90.803(1), a spontaneous statement is admissible as an excited utterance if it was made:

Only by a declarant who is unavailable at trial
While the declarant was under the stress of excitement caused by a startling event, relating to that event (Correct answer)
Any time after the startling event
In writing immediately after the event

Correct answer: While the declarant was under the stress of excitement caused by a startling event, relating to that event

Florida § 90.803(2) (excited utterance) requires the statement to be made while the declarant was still under the stress of excitement caused by the startling event.

Question 20: A resident of Georgia dies owning a vacation condominium in Naples, Florida, in his sole name. His will, which was validly executed in Georgia, names his brother, a resident of New York, as the personal representative. Which type of administration is required in Florida to transfer title to the condominium?

No administration is needed in Florida; the Georgia personal representative can transfer the property with a deed.
Ancillary administration, because the decedent was a non-resident who owned Florida real property. (Correct answer)
Domiciliary administration, because the main probate will occur in Georgia.
Summary administration, because the decedent was not a Florida resident.

Correct answer: Ancillary administration, because the decedent was a non-resident who owned Florida real property.

Ancillary administration is the required probate proceeding in Florida when a non-resident dies leaving assets, such as real property, within Florida. Florida Statute § 734.102 specifically provides for ancillary administration to handle the Florida property of a deceased non-resident. The domiciliary administration takes place in the decedent's home state (Georgia). Summary administration is a shortened form of probate available for small estates or when the decedent has been dead for more than two years, but ancillary administration is the specific procedure for this situation.

Question 21: What is the statute of limitations for a negligence claim causing personal injury in Florida?

4 years
6 years
2 years (Correct answer)
1 year

Correct answer: 2 years

Florida Statutes § 95.11(3)(a) sets a two-year statute of limitations for personal injury negligence claims.

Question 22: A testator, a Florida domiciliary, wishes to appoint her close friend and trusted financial advisor as the personal representative of her estate. The friend is a resident of Vermont and is not related to the testator. According to the Florida Probate Code, is the friend qualified to serve?

Yes, if the friend posts a bond with the probate court.
No, unless a majority of the estate's beneficiaries consent in writing to the appointment.
No, because the friend is not a Florida resident and does not meet any of the statutory exceptions. (Correct answer)
Yes, if the will specifically waives the residency requirement.

Correct answer: No, because the friend is not a Florida resident and does not meet any of the statutory exceptions.

Florida Statute § 733.302 generally requires a personal representative to be a Florida resident. Florida Statute § 733.304 provides limited exceptions for non-residents, allowing them to serve only if they are a spouse, sibling, parent, child, or other close relative of the decedent. A non-related friend, regardless of their qualifications or the testator's wishes, does not meet the exceptions and is therefore not qualified to serve as personal representative in Florida. Neither a bond nor beneficiary consent can overcome this statutory disqualification.

Question 23: Which of the following is generally classified as a non-marital asset under Florida law?

Wages earned by either spouse during the marriage
A business owned by one spouse before marriage that was never commingled with marital assets (Correct answer)
A home purchased during the marriage with marital funds
A retirement account funded entirely during the marriage

Correct answer: A business owned by one spouse before marriage that was never commingled with marital assets

Under §61.075, a business owned prior to marriage that was never commingled with marital funds remains a non-marital asset not subject to equitable distribution.

Question 24: A member and manager of a Florida LLC consistently uses the LLC's bank account to pay for personal expenses, including vacations, groceries, and car payments, without documenting them as loans or distributions. A business creditor obtains a judgment against the LLC that the LLC cannot pay. The creditor sues the member personally. To prevail and 'pierce the veil,' what must the creditor prove?

That the LLC failed to hold and document annual meetings.
Only that the LLC was undercapitalized from its inception.
Only that the member commingled personal and business funds.
That the member dominated the LLC to the point it was a mere alter ego, and that this was done for an improper purpose which caused the creditor's loss. (Correct answer)

Correct answer: That the member dominated the LLC to the point it was a mere alter ego, and that this was done for an improper purpose which caused the creditor's loss.

Florida courts apply a strict, two-prong test to pierce the corporate or LLC veil. The plaintiff must show that: (1) the entity was a 'mere instrumentality' or 'alter ego' of its owner (which can be evidenced by commingling funds or ignoring formalities), AND (2) the owner used the entity for some fraudulent or 'improper conduct.' Merely commingling funds or being undercapitalized is not enough; the plaintiff must connect this control to an improper purpose, such as defrauding creditors or evading obligations, that resulted in harm.

Question 25: A partner in a Florida general partnership that owns and operates a chain of coffee shops signs a contract to purchase a high-end commercial espresso machine from a vendor. The partnership agreement requires a unanimous vote for any purchase over $10,000, and this machine costs $15,000. The vendor was not aware of this internal restriction. Is the partnership bound by the contract?

Yes, because buying coffee equipment is apparently for carrying on in the ordinary course of the partnership's business. (Correct answer)
No, because the vendor had a duty to inquire about the partner's authority for such a large purchase.
Yes, but only if the other partners later ratify the contract.
No, because the partner lacked actual authority to make the purchase.

Correct answer: Yes, because buying coffee equipment is apparently for carrying on in the ordinary course of the partnership's business.

Each partner is an agent of the partnership. Under FRUPA, an act of a partner for 'apparently carrying on in the ordinary course the partnership business' binds the partnership. Purchasing an espresso machine is clearly in the ordinary course of business for a coffee shop. The partnership is bound by the partner's apparent authority unless the partner had no actual authority AND the third party knew or had received a notification of the lack of authority. Since the vendor was unaware of the internal restriction, the partnership is bound.

Question 26: In a personal injury case in a Florida circuit court, the plaintiff's attorney serves an interrogatory asking the defendant to identify all individuals who witnessed the incident. The defendant's attorney objects, claiming the list of eyewitnesses is protected work product because it was compiled by the defense's private investigator in anticipation of litigation. How should the court rule on the objection?

Overrule the objection because the identity and location of persons with knowledge of discoverable matter is not protected work product. (Correct answer)
Sustain the objection unless the plaintiff can demonstrate a substantial need for the list and an inability to obtain the information through other means without undue hardship.
Sustain the objection because information gathered by a party's representative in anticipation of litigation is always protected work product.
Overrule the objection because work product protection only applies to the mental impressions and legal theories of the attorney, not facts gathered by an investigator.

Correct answer: Overrule the objection because the identity and location of persons with knowledge of discoverable matter is not protected work product.

Florida Rule of Civil Procedure 1.280(b)(1) explicitly permits discovery of 'the identity and location of persons having knowledge of any discoverable matter.' This is considered a basic fact about the case and is not protected by the work product doctrine, which is designed to protect the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative concerning the litigation. While the investigator's *report* might contain protected work product, the identities of the witnesses themselves are discoverable facts.

Question 27: During a criminal trial in Florida, but before the case is submitted to the jury, the prosecutor realizes the information incorrectly cites the statute number for the charged offense. The text of the information, however, clearly and accurately describes the elements of the correct offense. The prosecutor moves to amend the information to fix the statutory citation. The defense objects. How should the court rule?

Grant the motion, but the court must declare a mistrial and allow the state to refile the case with a corrected information.
Deny the motion, because any change to the charging document is per se prejudicial to the defendant.
Grant the motion, because an amendment that corrects a formal defect and does not prejudice the substantial rights of the defendant is permissible. (Correct answer)
Deny the motion, because an information cannot be amended after the trial has begun.

Correct answer: Grant the motion, because an amendment that corrects a formal defect and does not prejudice the substantial rights of the defendant is permissible.

Florida Rule of Criminal Procedure 3.140(o) provides that no information shall be dismissed on account of any defect in its form unless the court is of the opinion that it is so vague or indefinite as to mislead the accused and embarrass them in the preparation of a defense. An amendment to correct a scrivener's error, such as a wrong statutory citation, is generally considered a non-prejudicial amendment to a formal defect, especially when the body of the information provides the defendant with sufficient notice of the crime charged.

Question 28: A plaintiff files a motion for summary judgment in a Florida circuit court. Under the current standard, which of the following must the plaintiff (the movant) show to prevail?

That there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. (Correct answer)
That the non-moving party has failed to produce any evidence whatsoever to support its case.
That the undisputed facts conclusively prove all elements of the plaintiff's cause of action.
That the plaintiff's evidence is more persuasive and credible than any evidence offered by the non-moving party.

Correct answer: That there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

Effective May 1, 2021, Florida adopted the federal summary judgment standard. Florida Rule of Civil Procedure 1.510 now requires the movant to show that 'there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.' This standard focuses on whether 'the evidence is such that a reasonable jury could return a verdict for the nonmoving party,' not on weighing the evidence or requiring the non-movant to have zero evidence.

Question 29: An attorney in Florida maintains a pooled Interest on Trust Accounts (IOTA) account for holding client funds that are nominal in amount or expected to be held for a short period. Which of the following statements about the IOTA account is correct?

The interest generated on the IOTA account is paid directly to the clients whose funds are held in the account.
The attorney must obtain written consent from each client before placing their nominal funds into a pooled IOTA account.
The attorney may keep a reasonable amount of their own funds in the IOTA account to cover bank service charges. (Correct answer)
Participation in the IOTA program is voluntary for attorneys.

Correct answer: The attorney may keep a reasonable amount of their own funds in the IOTA account to cover bank service charges.

According to Florida Bar Rule 5-1.1, all nominal or short-term client funds must be deposited into an IOTA account. While a lawyer may not generally commingle their own money with client funds, an exception allows the lawyer to deposit their own funds in a client trust account for the sole purpose of paying bank service charges on that account, in an amount reasonably sufficient for that purpose. The interest from IOTA accounts is remitted to The Florida Bar Foundation to fund legal aid programs, not to the clients. Participation is mandatory for attorneys handling such funds, and specific client consent for IOTA placement is not required.

Question 30: Under Florida law, what is the effect of a witness invoking the Fifth Amendment privilege against self-incrimination in a civil proceeding?

An adverse inference may be drawn against the party invoking the privilege (Correct answer)
The witness is excused from testifying entirely
No inference may be drawn from the invocation
The case is automatically dismissed

Correct answer: An adverse inference may be drawn against the party invoking the privilege

In Florida civil proceedings, courts may permit an adverse inference to be drawn when a party invokes the Fifth Amendment privilege, unlike the rule in criminal cases.

Question 31: Under Florida law, what degree of felony is grand theft when the value of the property stolen is between $750 and $20,000?

First-degree felony
First-degree misdemeanor
Third-degree felony (Correct answer)
Second-degree felony

Correct answer: Third-degree felony

Florida Statutes § 812.014 classifies theft of property valued between $750 and $20,000 as grand theft in the third degree, a third-degree felony.

Florida Bar Examination

The Florida Bar Examination is a two-day test administered by the Florida Board of Bar Examiners (FBBE) assessing law graduates on Florida-specific procedural and substantive law plus the Multistate Bar Examination (MBE), covering civil procedure, constitutional law, criminal law, evidence, contracts, torts, and real property for applicants seeking admission to the Florida Bar.

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