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Florida Communications Law Questions & Answers
1 Answer | Asked in Communications Law for Florida on
Q: RCW 9.73.030 Intercepting, recording, or divulging private communication—Consent required

A husband and wife are communicating online, the husband is in Afghanistan while the wife on a military base in Washington State, the wife convinces the husband to disclose whether or not he has participated in criminal activity. So the husband agrees to disclose this. Now the wife decides to call... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 6, 2020

This is a question of military (federal) law, and of the law of Washington State. So why did you ask it in Justia > Ask a Lawyer > Florida; it has nothing to do with Florida law?

1 Answer | Asked in Communications Law for Florida on
Q: How long do I have to pay for a crime that I did 4years ago the media//new is still running the story

A was accused of voter fraud 4 years ago I did my time the case is over but today the media/news decided to run my story again as example of fraud can they do that

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 31, 2020

Yes, they can do that.

3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Communications Law for Florida on
Q: My ex wife recorded a private convo between her and I. She took it out of context and sent it to my wife. Can I sue?

My ex wife and I were having a private conversation and she recorded it without my knowledge. She then sent it to me pregnant wife to upset her by making me look bad because it was taken out of context. Do I have a case?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2020

In Florida it is unlawful to record anyone who has not consented to being recorded. Consider filing a criminal complaint against your ex.

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1 Answer | Asked in Communications Law, Constitutional Law and Domestic Violence for Florida on
Q: I have a dropped charge DB back in 2014 and Officer was gonna arrest me but I told him to leave cause he wasn't helpful.

My sister was a drug user and my grandmother who has dimensia, bailed her out and presumed to live with us. Keep in mind shes very manipulative. I was in my own room and she was drinking might had done coke to unsure. She started beating on my bedroom door and I opened it to see whats going on. She... Read more »

Charles M.  Baron
Charles M. Baron answered on May 21, 2020

Defend yourself against what? You said the officers left without arresting you, and I assume you mean they also did not give you any notice to appear in court. Also, from your description, it does not sound like the type of police case where they will be in on-going investigation to determine if... Read more »

1 Answer | Asked in Real Estate Law, Communications Law, Internet Law and Landlord - Tenant for Florida on
Q: Is a landlord and/or condo HOA in Florida required to furnish a tenant w/ internet access (via wall jacks/cable ports)?

I've occupied a unit in a condo complex for the past 2 years. The building has known issues with cable wiring. Xfinity provided us with equipment for self installation, however our internet connection continued to fail after many attempts by service techs to repair. They finally told us that... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 20, 2020

Nobody is required to furnish internet access, unless the requirement is specifically mentioned in the lease. You have some options, I think: pay to upgrade the condo's cabling; move; or see if you can access the internet via satellite or some other wireless method of connecting to the... Read more »

1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Libel & Slander for Florida on
Q: Is a text message legally binding?

Can an agreement via text be used in court as a legal binding agreement?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 26, 2020

Usually oral agreements would be considered to be legally binding if the terms can be sufficiently proven. The statute of limitations can be different if an agreement is not in writing. While it's possible that a judge might for some reason think a text message doesn't qualify as a... Read more »

1 Answer | Asked in Communications Law for Florida on
Q: Is it illegal in Flordia to record a conversation with someone without their consent?
William Jaksa
William Jaksa answered on Jun 28, 2019

In Florida, you need two-party consent to record a conversation. Meaning that everyone involved in the conversation must consent to the recording.

1 Answer | Asked in Communications Law for Florida on
Q: My attorney and I (excutor) met and I received 3 checks for 3 TRUSTFUNDS is his fiduciary duties done?

I pointed out a mistake made on TF checks. I gave them back. The Attorney was going to make corrections. Told me to pick them up the following day this was a year ago. I still as of today received the TFs Monies. Once check were wrote did this end attorney's fiduciary duties?

He has... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 27, 2019

Obviously the attorney's duties (as trustee, I assume) are not done, at least until the checks are properly written, accepted, and deposited. It looks like the attorney wants to meet with you about this, which also indicates that the matter is not over.

1 Answer | Asked in Employment Law, Communications Law and Employment Discrimination for Florida on
Q: I applied for a job that required me to be 21 at the age of 20. The staff knew but once I turned 21 I got fired. Legal?

I applied to be an amazon driver, the application asked if I was 21, my birthday was in a couple weeks so I said yes. I was hired on Nov 30th. They verified my ID and I still moved forward with the hiring process. I told the managers that I wasnt 21 but I would be in two weeks and they allowed me... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 21, 2018

In general, most employment is "at will". This means that an employer doesn't need a reason to fire someone. So yes, they can terminate you even under the questionable circumstances you describe.

2 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Communications Law for Florida on
Q: Do we have a suit against Carrington mortgage?Plz read details. Thank you

After making all timely payments on our mortgage that was sold from Bank of America to Carrington in February of 2018. they State we owe June and July of 2018 even though we have proof that we sent the checks & they were cashed by Carrington. On Friday July 19th 2018 we received a foreclosure... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jul 25, 2018

I don't think you need counsel yet - as you have not given the lender time to digest the information they probably just received yesterday or maybe not even until today.

But - if Carrington proceeds to foreclosure then you must seek counsel immediately. In the meantime you can ask for...
Read more »

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1 Answer | Asked in Communications Law for Florida on
Q: Can a member of the community management company that oversees my community block my emails?
Alex McClure
Alex McClure answered on Jun 29, 2018

How would this person possibly do this?

If you are an employee and they are an employer, that would be different.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation, Communications Law and Copyright for Florida on
Q: I am using Social Media to collect stories for a non profit book. Which releases do i need?

It is on Facebook. Closed group and everyone knows its for a book. Everyone is deciding the Everything, title,layout,design where money goes, i mean everything and they all are active with plenty of comments .

They will all have the title of authors and so noted in the book.

I know... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Feb 13, 2018

You need to use the find a lawyer feature to locate a copy right attorney and consult with one on his topic. This is a specialized area of law and not something to take lightly. Get specific legal advice on this one.

1 Answer | Asked in Business Law, Communications Law and Real Estate Law for Florida on
Q: Board of directors wants amendment to rules/Reg’s prohibiting a shareholder from delivering an opinion to homes.

Rock Mail is putting a flyer or document under a rock that sits on the steps to the individual shareholders house. Rock mail has been used traditionally in our village for announcing events by various groups within the village. However, over the past few years I have been using rock mail to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2018

Such a rule would probably withstand a court challenge, but I find it difficult to imagine that the HOA would bother going to court over such a trivial issue.

1 Answer | Asked in Contracts, Copyright, Communications Law and Intellectual Property for Florida on
Q: Did I break the terms of my iOS iphone EULA? Did I break copyright law?

In the recent past I have taken a picture (using my iphone camera) and also a video of a professional photo that I had made at a photo studio. I either uploaded this to my facebook messenger story or sent it via iMessage/text or facebook messenger to friends that I wanted to see it. I have also... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 21, 2017

Did your phone company tell you that you had violated their EULA? If not, I don't think you have to worry about it.

1 Answer | Asked in Civil Litigation, Communications Law and Criminal Law for Florida on
Q: Can a 3rd party eavesdrop (but not record) on the telephone conversation without the consent of both parties in Florida?

"Eavesdropping is secretly listening to the private conversation of others without their consent." In Florida I read "Florida's wiretapping law is a "two-party consent" law. Florida makes it a crime to intercept or record a "wire, oral, or electronic... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Oct 7, 2016

It' not eavesdropping if it is on speaker for a business purpose. You are speaking with the university, as in the people are all employees of that same entity. You also work for them so technically you are all the same legal party and likely would not have a cause of action. It would be... Read more »

1 Answer | Asked in Communications Law, Internet Law, Family Law and Child Custody for Florida on
Q: My ex will no longer accept emails for our regular ongoing communication about the children. He insists on texts only.

We live in Florida. We have been divorced for 6 years. We have always used email. Two months ago, I started getting responses to my emails saying that he longer accepts emails and to text instead. Do I have to comply? (I think that he simply does not want his email rants on the record.)

Sabina Tomshinsky
Sabina Tomshinsky answered on Aug 2, 2016

I suggest that you refer to the provisions of your parenting plan and/or final judgment that pertain to communication between the parents on the default communication methods. If both email and text were checked, typically email is used for long/substantive messages and texts are used for short... Read more »

2 Answers | Asked in Communications Law, Employment Law, Gov & Administrative Law and Public Benefits for Florida on
Q: Am I permitted legally to delete web content & pics I voluntarily created for a nonprofit I no longer affiliate with?

I worked for 2 years completely uncompensated for a nonprofit organization that I no longer wish to be associated with. While volunteering I created a website and social media page that I managed. I now want to know if I'm permitted by law to delete the content on these pages that I created... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 6, 2015

How was the web content copyrighted? If it belongs to the nonprofit, then it is theirs. I suggest that in order to avoid any problems in the future you just hand it over to the director.

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2 Answers | Asked in Communications Law for Florida on
Q: Recording conversation in my private home Florida?

I having an issue with my ex-girlfriend that does not leave the house and all the time harassing me, insulting me. And the problem is that she tells everyone that I’m the one doing it making me the bad in the movie.

Now, Can I record our conversation in my own home for my own protection?... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Sep 1, 2015

Before you record someone in your own home, I believe that you must inform them that you are recording. It might be a third degree felony if you do not. In order to answer your question with a solid opinion letter, I would have to do a mountain of research on this particular topic, as almost any... Read more »

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1 Answer | Asked in Communications Law and Intellectual Property for Florida on
Q: Am I infringing on any copyright?

I am thinking about becoming a controversial topics commentator on YouTube and my desired Display name is "HokageAshKetchup" A parody mash up of two of my childhood favourite television shows. If I was to create the YouTube channel and monetize (Gain ad revenue from viewers) and market... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Aug 27, 2015

You have to explain this a bit more so that I can understand what you are doing and what you are asking. It seems to me that this is your creation, no one else's. Why even tell someone how you arrived at the name? It makes no sense to me.

1 Answer | Asked in Communications Law for Florida on
Q: Buying house from owner signed legal papers from office max now her brother wants full amount or im out can he do that
Robert Jason De Groot
Robert Jason De Groot answered on Aug 7, 2015

You have not given enough facts for a meaningful answer other than to say that you needed to go see an attorney about this when you asked, nearly three years ago.

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