FAQ: Legal Holidays

Home

Listings:

Condo

House

Rental

Commercial

MLS Search:

MLS Search:
All Categories

Featured Home!

Functions:

Property Wanted

Show your property here!

Email Alerts!

Recent Sales Data

Newsletter

FAQs

Home Selling Tips

Miami Beach Views

Agent Directory

Property Management

Fan Mail

References

Relocation

Miami Weather

Regional Map

Florida Statutes

Mortgage Calculator!

Florida
Landlord/
Tenant Act

Florida Real Estate Commission

Fair Housing

Miami Beach
Code

Free Credit Report

By David deForrest General Manager

What is a "Legal Holiday" in Florida?

This is an important question and one on which few people, including real estate agents and attorneys, are fully up-to-date. Time periods for performance of obligations, or for cancellation or withdrawals of purchase contracts are often stated as "Business Days" which are defined as excluding, "Saturday, Sunday and Legal Holidays."

You may think that "everyone knows" what a "Legal Holiday" is but you will probably be in for a surprise if you are not careful.

In Florida real estate purchase transactions are governed by Florida Statutes. Here is a list.

683.01 Legal holidays.--

(1) The legal holidays, which are also public holidays, are the following:

(a)  Sunday, the first day of each week.
(b)  New Year's Day, January 1.
(c)  Birthday of Martin Luther King, Jr., January 15.
(d)  Birthday of Robert E. Lee, January 19.
(e)  Lincoln's Birthday, February 12.
(f)  Susan B. Anthony's Birthday, February 15.
(g)  Washington's Birthday, the third Monday in February.
(h)  Good Friday.
(i)  Pascua Florida Day, April 2.
(j)  Confederate Memorial Day, April 26.
(k)  Memorial Day, the last Monday in May.
(l)  Birthday of Jefferson Davis, June 3.
(m)  Flag Day, June 14.
(n)  Independence Day, July 4.
(o)  Labor Day, the first Monday in September.
(p)  Columbus Day and Farmers' Day, the second Monday in October.
(q)  Veterans' Day, November 11.
(r)  General Election Day.
(s)  Thanksgiving Day, the fourth Thursday in November.
(t)  Christmas Day, December 25.
(u)  Shrove Tuesday, sometimes also known as "Mardi Gras," in counties where carnival associations are organized for the purpose of celebrating the same.

(2) Whenever any legal holiday shall fall upon a Sunday, the Monday next following shall be deemed a public holiday for all and any of the purposes aforesaid.

I'll bet you've never heard of half of these Legal Holidays, yet each one is a day exempted from the calculation when you are trying to determine the important dates for contract fulfillment etc.

To make matters even more confusing, the Legal Holidays stated above are not the "Legal Holidays" you would need to use, as a Florida Landlord, in calculating the expiration date of the mandatory "3-Day Notice" you must give a delinquent tenant before proceeding to file suit for eviction! That's because the Florida Landlord-Tenant Act defines "Legal Holidays" not by reference to 683.01 above but in the following language:

Florida Statues 83.43(13) "Legal holiday" means holidays observed by the clerk of the court.

Here is a list of Holidays observed by the Miami-Dade District Courts. Note that this will vary from county to county and from year-to-year:

The following legal holidays are officially observed by Miami-Dade County government.

2024 OBSERVED COUNTY HOLIDAYS:

New Year's Day - Monday, January 1, 2024

Martin Luther King, Jr. Day - Monday, January 15, 2024

President's Day - Monday, February 19, 2024

Law Enforcement Appreciation Day - Friday, May 10, 2024

Memorial Day - Monday, May 27, 2024

Juneteenth Day - Wednesday, June 19, 2024

Independence Day - Thursday, July 4, 2024

Labor Day - Monday, September 2, 2024

Columbus Day - Monday, October 14, 2024

Veterans Day - Monday, November 11, 2024

Thanksgiving - Thursday, November 28, 2024

Day after Thanksgiving - Friday, November 29, 2024

Christmas Day - Wednesday, December 25, 2024

I hope this helps explain why we always recommend that Buyers, Sellers and Landlords use a Florida Attorney when making a purchase, a sale or enforcing the terms of a lease. These seemingly simple matters are not as simple as they might seem.

Real Estate
Toolbox: