1. MARRIAGE ALERT

On January 1, 1999, a new Florida law makes getting married more difficult and less spontaneous for residents. Here's what will be required:

Prospective newlyweds who are Florida residents will have to take a four-hour "marriage preparation and preservation" course from a counselor or therapist registered with the local clerk of circuit court. (Non-residents do not have to meet the new requirement.)

If the couple does not want to take the course, they can wait three days between applying for a marriage license and getting married. However, the three-day "cooling off" option costs $88.50, which is $32.50 more than taking the marriage preparation course.

County clerks must draw up a list of registered counselors, psychologists, therapists, social workers and ministers who are authorized to provide the four-hour marriage preparation course. The course provider can charge a fee, though the new law provides no guidelines.

2. HOW TO DEAL WITH DEBT COLLECTORS

Many clients contact Fisher's Law Office to ask how they can fend off debt collectors on the telephone. Here are some pointers:

If you are called by a creditor, you should remind them that under Section 809 of the Fair Debt Collection Practices Act, they are required within five days of first calling you to send you the following information:

The amount of the debt;

The name of the creditor you owe;

If the creditor keeps calling, send them a letter demanding verification of the debt. Once you send this letter, the creditor must cease collection of the debt until you receive documentation substantiating the debt.

Since most debt collectors do not know how to follow this Act, confront them with the requirements of the law and they may leave you alone.

3. WHAT SORT OF COLLECTION ACTIVITY DOES FLORIDA LAW PROHIBIT?

Florida law prohibits bill collectors from doing the following:

Pretending to be policemen;

Threatening the use of force or violence;

Threatening to tell others about a consumer's debt;

Threatening to tell an employer about consumer's debt;

Telling someone else in the family that you don't pay your bills;

Calling frequently enough to be considered harassment;

Using vulgar or profane language;

Claiming to have a legal right when none exists;

Pretending to be a court process server;

Pretending to be an attorney;

Taking out advertisements that talk about your debts;

Threatening to publish advertisements about your debts;

Refusing to provide identification;

Labeling you as a deadbeat on items mailed to you through the U.S. Postal Service;

Calling you outside the hours of 8:00 a.m. to 9:00 p.m.

These violations give rise to sanctions under Florida Law.

4. WHAT ARE RULES REGARDING TERMINATION OF EMPLOYMENT IN FLORIDA?

Since Florida became a State in the 1840's, it has steadfastly remained a "employment at will" State. This means that unless an employment contract is in place, employment can be terminated by either party at will. Florida is one of nine States that continues to apply the employment at will doctrine. This means that anyone can be fired at any time for any reason as long as it does not violate a specific State or federal law or a contract of employment.

5. WHAT IS A WHISTLE BLOWER LAW?

Public employees who are fired in Florida for reporting environmental and other violations by their employers are protected by Florida Statute 448.102. This statute prohibits an employer from taking action against an employee because an employee has disclosed a violation of law in writing to their employer or supervisor or provided information to the authorities.

6. STUPID THINGS THAT YOU CAN DO IN '99 TO SCREW UP YOUR LIFE

Loan your car to a friend who drinks a lot.

Loan your hard-earned money to a close friend to start a business or pay bills.

Don't wear your seatbelt when you drive.

Drive drunk.

Sign a Durable Family Power of Attorney with dishonest relatives.

Give your credit card number out to people who call you on the telephone.

Keep a dog that bites and don't have homeowners' insurance or renter's insurance.

After your first divorce, get married immediately to someone with a lot of problems.

Keep a pistol around your house.

Buy a house from a friend and don't buy title insurance and don't see a lawyer about the transaction.

Don't write a Will and hope it all works out for the best.

Fail to pay child support and think that it will just "go away".

Fail to title your house in the name of you and your spouse.

Don't save for retirement and just assume social security will take care of you.

Have the minimum amount of car insurance (personal injury protection) and just hope that you won't get into a car wreck or that, if you do, the other party won't be hurt and won't sue you.

When you change your oil in your car, just dump the oil on the ground and assume that nothing will happen because the government never checks this sort of thing.

If you own a small business, don't register it under Florida Statutes Chapter 865 with the State of Florida and just assume that no one will ever catch you for failing to comply with Florida's Fictitious Name Act.

If you have employees, just assume that it's okay not to pay employment taxes on them.

Title your house to your spouse in a divorce and assume that the mortgage company will never call you when your spouse fails to make payments on the former marital home.

Commit adultery and then lie about it under oath and assume no one will prosecute you for perjury because it's only a "civil matter".

File a joint tax return with a spouse who worked "under the table".

7. DOES SOMEONE OWE YOU MONEY?

Is the amount is too small to hire a lawyer? Here are some steps you can follow to collect money due you.

Write a letter to the person who owes you the money and tell them how much they owe and why they owe it and give them a time certain to pay you.

Go to the clerk of the county court and file a small claims action.

Have the person served with the summons and the complaint.

At the first hearing, tell the judge why the defendant owes the money. Be brief and concise.

If the judge requires a trial, go to the trial and present your evidence.

You should see a lawyer about helping you collect the money owed you. Fisher's Law Office can assist you with a consultation on collection of debts owed you.

8. WHERE CAN YOU GET A COPY OF YOUR CREDIT REPORT?

Here are two names and phone numbers of credit reporting bureaus to contact to get your credit report: Experian, 1-800-682-7654, and Equifax, 1-800-685-1111.

9. HOW MUCH SOCIAL SECURITY ARE YOU ENTITLED TO?

Contact the Social Security Administration and get a social security benefit estimate statement. You can call 1-800-772-1213. Be warned, however, that under a little known 1960 U.S. Supreme Court case styled as Flemming vs. Nestor, the United States Supreme Court ruled that workers do not have any property rights associated with social security. The upshot is that congress can change its mind and take away your social security benefits at any time no matter how many hundreds of thousands of dollars you poured into the rathole of social security.

10. WEIRD LAWS YOU'VE NEVER HEARD OF

Article I, Section 16 of the Florida Constitution was adopted in 1988. It says that victims of crimes can appear in criminal court proceedings and be heard during sentencing hearings.

Article X, Section 2 of the Florida Constitution states that every able-bodied inhabitant of the State is a member of the Florida militia. Under the Constitution of Florida, even people who simply declare their intention to become citizens of the United States are eligible to be a part of the Florida militia.

Article I, Section 11 of the Florida Constitution states that no person may be imprisoned for debts except in cases of fraud.

Article II, Section 9 of the Florida Constitution makes English the official language of the State of Florida. This amendment was adopted on August 8, 1988.

Florida Statute 316.2397 makes it illegal to display a red or blue light visible from directly in front of an automobile or vehicle.

Florida Statute 828.29(5) states that a purchaser of an animal may obtain a full refund if within one year of the purchase, they find that the dog or cat is unfit for purchase because of a hereditary disorder. The law states that the person can receive a refund or n new cat or dog to make up for the one that was defective. "Florida's Dog Lemon Law" - Florida Statute 828.29(5).

Florida Statute 828.29(1) states that no dog or cat may be brought into Florida unless it has been vaccinated against a number of illnesses and a certificate of veterinary inspection is available for inspection.

Florida Statute 370.16(30) states that no dogs are allowed at any time on a vessel used to harvest or transport oysters.

Litterbugs watch out! Florida Statute 403.413 states that anyone who litters more than 500 pounds of litter can have their vehicle declared contraband and subject to forfeiture under Florida Statute 342.703.

Home solicitors beware. Florida Statute 501.022 requires that anyone who does home solicitation in person must have a valid home solicitation sales permit as provided by law.