5. FLORIDA STATUTES
5.1 Authority
Whenever possible, cite the official codification of Florida law, the Florida Statutes. Beginning in 1999, the Florida Statutes have been published in their entirety annually. In the years before 1999, they were published bi-annually following each odd-year regular session, and a supplement was published following each even-year regular session.
The Florida Statutes Annotated is an unofficial version of the Florida Statutes. Citation to the Florida Statutes is strongly preferred.
5.2 Chapters
A chapter in the Florida Statutes represents all of the relevant statutory law on a particular subject. While the legislature may create specific chapters, the legislature’s Division of Statutory Revision has the final authority to determine where the legislation will be codified. (This is why some laws do not appear in the statutes where the bill identifies their placement.) A detailed explanation of the codification procedure can be found in the beginning of any volume of the Florida Statutes. Note that a chapter in the Florida Statutes is not a session law chapter.
5.3 Sections
Each chapter of the Florida Statutes is further divided into sections. The legislature’s Division of Statutory Revision has the final authority over the location of the sections within the chapters. The Division provides numerous cross-reference tables in each volume of the statutes. Note that a section in the Florida Statutes is not a session law section.
5.4 In Text
(a) General Form
Legal Documents:
► Section 95.11(3)(c), Florida Statutes (2000), governs the statute of limitations for any action founded
on the design, planning, or construction of improvements to real property.
► … section 95.11(3)(c) of the Florida Statutes …
Scholarly Works:
► Section 95.11(3)(c) of the Florida Statutes governs the statute of limitations for any action founded on
the design, planning, or construction of improvements to real property.
(b) Multiple Sections
Use the designation “section” even if the reference is to subsections, paragraphs, or other subunits of the section. Do not capitalize or abbreviate “section(s)” in textual discussions.
► During the debate, Representative Abrams noted that section 119.07(1)(b) had provided that when
the nature or the volume of a request . . . .
► According to section 102.012(6), if there are fewer than 300 registered electors one election board is
sufficient.
When the reference is to multiple units, use the plural.
► Sunset and Sundown reports are required by sections 11.61 and 11.611 of the Florida Statutes.
However, if you are referring to a subsection or paragraph without the preceding chapter or section number, use the classifications in Rule 4.6, supra. Do not capitalize or abbreviate the “subsection,” “paragraph,” “subparagraph,” or any other subdivision classification in textual discussions.
► Representative Abrams turned the focus of the debate to paragraph (1)(b).
► If subsection (6) is controlling law, one election board is sufficient for this precinct.
(c) Multiple References to a Statute
It is not necessary to refer to the “Florida Statutes” every time a section or chapter is mentioned in the text as long as the year of the statutes discussed is the same. Continued reference to the “Florida Statutes” in textual discussions may be useful for purposes of clarity or emphasis.
► The Matthews court found that section 627.7372 did not bar a cause of action by an insured against
his insurer.
(d) Entire Chapters
Refer to an entire chapter in the same manner as a section.
► … chapter 380, Florida Statutes, requires that before undertaking …
► House Bill 287 makes only a minor change in the vested rights provisions of chapter 380.
5.5 In Footnotes or Stand-Alone Citations
(a) Basic Form
Legal Documents:
► § 350.34, Fla. Stat. (1973).
► § 120.53, Fla. Stat. (Supp. 1974).
► 32 Fla. Stat. Ann. 116 (Supp. 1975).
Scholarly Works:
► Fla. Stat. § 25.381 (2000).
► Fla. Stat. Ann. § 159.09 (West 1993).
(b) Consecutive Sections
Use two section symbols with no space between them. Identical numbers preceding a punctuation mark may be omitted unless it will cause confusion.
Legal Documents:
► §§ 120.54-.541, Fla. Stat. (2000).
Scholarly Works:
► Fla. Stat. §§ 120.54-.541 (2000).
(c) Nonconsecutive Sections
Use two section symbols with no space between them. Use commas to separate nonconsecutive section numbers.
Legal Documents:
► §§ 240.229, .2997(1), Fla. Stat. (2000).
Scholarly Works:
► Fla. Stat. §§ 240.229, .2997(1) (2000).
(d) Multiple Subdivisions Within a Single Section
Use a single section symbol. Consecutive subdivisions are separated by a dash. Use commas to separate nonconsecutive subdivisions.
Legal Documents:
► § 310.073(3)-(4), Fla. Stat. (2024).
► § 186.021(1), (4), Fla. Stat. (1995).
Scholarly Works:
► Fla. Stat. § 310.073(1)-(4) (2024).
► Fla. Stat. § 186.021(1), (4) (1995).
(e) Entire Chapter
Use the abbreviation “ch.” when citing to an entire chapter.
Legal Documents:
► Ch. 119, Fla. Stat. (2000).
Scholarly Works:
► Fla. Stat. ch. 119 (2000).
5.6 Year of a Statute
When citing the print version of an official or unofficial code, the year should correspond to the year indicated on the spine of the volume, the year that appears on the title page, or the latest copyright year—in that order of preference. If the date spans multiple years, give all years covered.
When citing an official or unofficial version of the code that appears online in an electronic database or on a public website, use the year indicated by the database as the most current version of the statute, unless specifically citing to a previous version. See infraRule 5.7. Typically, the electronic database or website will provide a “current as of” date, e.g., “Current through the 2015 1st Reg. Sess. and Special Session of the Twenty-Fourth Legislature.”
(a) In Text
The first time a statute is cited, there must be an indication of the year of the statute under discussion. When the statute is subsequently discussed in the text, it is not necessary to give the year each time the statute is cited.
Legal Documents:
► Section 90.803(23), Florida Statutes (2000), currently provides a hearsay exception for certain
statements of a child victim of abuse.
Scholarly Works:
The first citation to a statute in the text of the document must be accompanied by a footnote identifying the full citation form of the statute.
► Section 90.803(23), Florida Statutes, currently provides a hearsay exception for certain statements of a
child victim of abuse.85
85. Fla. Stat.§ 90.803(23) (2000).
(b) In Footnotes or Stand-Alone Citations
Each time a full citation to a statute occurs, include the year. A short citation form may be used (i.e., an “id.” form) in subsequent citations.
Legal Documents:
► 86. § 120.69(7), Fla. Stat. (2000).
► 87. Id. § 119.12.
Scholarly Works:
► 88. Fla. Stat. § 120.69(7) (2000).
► 89. Id. § 119.12.
Where the “id.” form is used, do not include the year of the statute with the citation unless the short form citation is to a statute of a different year.
Legal Documents:
► 90. §§ 92.53(1), .54(1), Fla. Stat. (1989).
► 91. Id. § 95.11 (Supp. 1990).
Scholarly Works:
► 92. Fla. Stat. §§ 92.53(1), .54(1) (1989).
► 93. Id. § 95.11 (Supp. 1990).
5.7 Historical Reference
When textual discussion concerns the present state of the law, cite to the current edition of the Florida Statutes. When the discussion deals with the law of an earlier time, as in a discussion of an earlier court opinion construing a statute, cite to the earlier edition of the Florida Statutes with which the discussion deals.
Legal Documents:
► Section 731.34, Florida Statutes (1955), provided for the wife’s claim to dower to be free from all
liabilities of the deceased spouse’s estate.
Scholarly Works:
► Section 731.34 provided for the wife’s claim to dower to be free from all liabilities of the deceased
spouse’s estate.94
94. Fla. Stat. § 731.34 (1955).
(a) Repealed Statutes
When citing a statute that has been repealed, indicate the year of repeal parenthetically, or cite the repealing session law in full if pertinent to the discussion.
Legal Documents:
► § 191.04, Fla. Stat. (Supp. 1994) (repealed 1995).
► § 191.04, Fla. Stat. (Supp. 1994), repealed by ch. 95-344, Laws of Fla.
Scholarly Works:
► Fla. Stat. § 191.04 (Supp. 1994) (repealed 1995).
► la. Stat. § 191.04 (Supp. 1994), repealed by Act effective June 16, 1995, ch. 95-344, 1995 Fla. Laws
3025.
If the cited statute has been repealed and recodified elsewhere, use either the form “(repealed and recodified (year))” or the form “(current version at Fla. Stat. § xxx.xx (year)).”
(c) Amendment
When citing a statute that has since been amended once, indicate the year of amendment, or cite the amending session law in full if pertinent to the discussion. If the statute has been amended more than once, citation to the earlier edition of the Florida Statutes alone is sufficient.
Legal Documents:
► § 364.339, Fla. Stat. (1993), amended by ch. 95-403, § 27, at 3338-39, Laws of Fla.
► § 364.339, Fla. Stat. (1993) (amended 1995).
Scholarly Works:
► Fla. Stat. § 364.339 (1993), amended by Act effective July 1, 1995, ch. 95-403, § 27, 1995 Fla. Laws
3311, 3338-39.
► Fla. Stat. § 364.339 (1993) (amended 1995).
5.8 Name of a Statute
A statute has a name only if there is a specific statement to that effect in the statute itself. Do not confuse names of statutes with titles of acts.
Sometimes, however, the official name of the statute is the same as that for the act and is found in the section of the statute referring to “Short Title.” For example, section 688.001, Florida Statutes, states: “Sections 688.001-688.009 may be cited as the ‘Uniform Trade Secrets Act.’” The phrase “Uniform Trade Secrets Act” is the name of the statute and the Act. This name may be used in a textual discussion.
5.9 Form for Quotation of Statutes
(a) Basic Structure of Statutes
In the official publication, most statutes begin with a section number and catchline followed by the text of the statute.
409.405. Court placement of delinquent children. — Any court having jurisdiction to place delinquent children may . . . .
(b) Block Quotations
Block quotations should be used when the quotation consists of fifty or more words. The section number and catchline may be eliminated unless needed for a specific purpose. On the other hand, multiple subsection, paragraph, and subparagraph labels are typically retained for clarity. But see infra subsection (c).
Block quotations are indented on the left and right and fully justified. The quoted text’s paragraph structure should be retained with additional left-indentation signaling each paragraph. For example, the first word of a block quote is only indented to reflect the beginning of a new paragraph in the source material. Conversely, if the quoted text begins in the middle of a source’s paragraph, the beginning of the block quote needs no additional indentation. The omission of titles and catchlines—which are editorial devices and technically not part of the codification—does not affect this rule.
For more, consult Bluebook Rule 5.1 (scholarly works) and B5.2 (legal documents).
(c) Quoting Further Internal Subdivisions
While the following is an example of a correct citation, try to avoid quotations consisting of large omissions.
Under section 680.1031(1)(g), Florida Statutes, a finance lease is defined as a lease in which:
1. The lessor does not select, manufacture, or supply the goods;
. . . and
3. Either:
a. The lessee receives a copy of the contract evidencing the lessor’s purchase of the goods on or before signing the lease contract;
. . . .
. . . or
d. Only if the lease is not a consumer lease, on or before the signing of the lease contract by the lessee the lessor:
. . . .
III. Advises the lessee in writing to contact the supplier for a description of any such rights.
To alleviate the confusion caused in footnotes such as the one above, use a narrative to tie the blocks of material together:
Under section 680.1031(1)(g), Florida Statutes, a finance lease is defined as a lease in which “[t]he lessor does not select, manufacture, or supply the goods.” In addition, the lessee must receive “a copy of the contract evidencing the lessor’s purchase of the goods on or before the lease contract” or, in the case of a non-consumer lease, the lessor must “on or before the signing of the lease contract by the lessee . . . [advise] the lessee in writing to contact the supplier for a description of any such rights.”