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Florida Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law for Florida on
Q: I have a question regarding the the 2021 Florida Statutes, section 316.2397(3) pertaining to security vehicles.

Can marked security vehicles drive on public roads with their security light bar on to go from one location to another inside of a community. In other words, from one park to another inside the same community? One of my officers was stopped in the patrol vehicle and told they could not have the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 6, 2022

The sub-section you cite seems to contain your answer. "... Vehicles owned or leased by private security agencies may show or display green and amber lights, with either color being no greater than 50 percent of the lights displayed, while the security personnel are engaged in security duties... Read more »

3 Answers | Asked in Gov & Administrative Law for Florida on
Q: I own a condo in Florida. Along with my purchase I received 2 deeded parking spots.

Does the BOD have the authority to tell me what I can and cannot park in my spots? Do they have the authority to tow a car out of my deed owned parking spot?

Charles M.  Baron
Charles M. Baron answered on Mar 21, 2022

The BOD can enact reasonable Rules & Regs applicable to the entire complex (but not selectively against you) regarding types of vehicles that are prohibited from parking at the complex. To be legally valid, such Rules & Regs would must be enacted in accordance with all of the notice and... Read more »

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1 Answer | Asked in Real Estate Law, Collections, Gov & Administrative Law and Municipal Law for Florida on
Q: Can you have a daily accruing fine without notice for five years?

I repaired a city code violation in an apartment I own as I normally would so that I could rerent the apartment, it was air conditioning problem. After five years without any notice and thinking the matter was taken care of, I received a letter from code enforcement saying that my daily accrued... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 16, 2022

I am unable to advise you on this important matter without first being able to see the original notice of code violation that you received from the city five years ago (you can request a copy) and reviewing the specific section of the Code(as it was five years ago) the city is using to try to... Read more »

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: " Tennessee Code Annotated 50-7-302(b)(3)." what does this mean?

my wife received this as a determination for a reason of why she now has a fraudulent unemployment claim from back in 2010 that we just recently found out about. this happened in knoxville tn.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 15, 2022

Maybe you should google "Tennessee Code", or something, and read what the statute says. It's, obviously Tennessee law, not Florida law.

Q: Can I sue city to recover excessive fines?

I was fined 16k for violating city code on short term rentals. I moved so didn't receive the 1st notice warning and they did not post it at the house as required once returned. I received a notification to appear before special magistrate a few months later. I hadnt rented short term for a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 1, 2022

Sure anyone can sue anyone else at any time for anything--including this situation.

But I don't recommend trying it without a lawyer.

Whether you have a good claim or not depends on what the code violations were for.

Hire a lawyer to investigate this case and advise you on what to do.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can the HOA and the COA meet together for a "Meet and Greet?"
Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 31, 2022

Yes, but they have to provide the respective notice requirements to the membership as determined by the bylaws or the statute. The statute provides for a 48-hour notice. The bylaws could be different.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can a Assistant State Attorney file charges on someone from another county, even if that person is not from nor live in

the assistant state attorney COUNTY?...under Florida law

Michael  Mayoral
Michael Mayoral answered on Oct 29, 2021

Yes, absolutely. A state attorney from a certain county can bring charges against someone from a different county for a crime that occurred in the state attorney’s county. In other words, if a crime occurs in Miami-Dade, but the defendant is from Broward, the Miami-Dade ASA can charge the... Read more »

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can a assistant state attorney bring charges on someone from another county. State of florida

Do they have limited jurisdiction

Michael  Mayoral
Michael Mayoral answered on Oct 26, 2021

A state attorney from a certain county can bring charges against someone from a different county for a crime that occurred in the state attorney’s county. In other words, if a crime occurs in Miami-Dade, but the defendant is from Broward, the Miami-Dade ASA can charge the defendant from Broward... Read more »

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: In a habeas petition concerning a controversy whereby government officials are falsifying their records which rely upon

State records which clearly don't support the action and the district court dismissed the case absent procedural due process is the case live or dead for purposes of completion? This action has caused and continues to cause concrete harm and damages for which redress is required.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 31, 2021

If the court dismissed the case, and if the time for appeal is over, the case would be over. Why?

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Florida on
Q: Does the state of Florida require the property owners consent to only send billing/invoices by email?
Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 30, 2021

If you referring to a HOA or condominium (COA) sending you an invoice for assessments, the answer is no, you may consent in writing to notices and invoices being sent by email, but you do not have to consent. New laws went into effect July 1, 2021 which now require associations to send a 30-day... Read more »

1 Answer | Asked in Employment Discrimination and Gov & Administrative Law for Florida on
Q: Any lawyers willing to take on a suit against the federal government? Someone worked for the Gov of Florida.

I have a discrimination lawsuit I would like to file. It pertains to preferences of which I can not legally be discriminated against.

Charles M.  Baron
Charles M. Baron answered on Jul 1, 2021

Of course there are; otherwise, no suits would ever be filed against the Federal government! If you happen to be asking if any lawyers viewing your post are willing to take your case, this site does not work that way; it's for lawyers to offer educational information about the questions being... Read more »

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for Florida on
Q: If a municipal planning department negligently acts to pass along for approval to the P&Z commission having jursisdictio

a set of plans which would result in the violation of the rights of the adjacent residents, could that be an actionable offense under 42 USC 1983 ?

Charles M.  Baron
Charles M. Baron answered on Jun 26, 2021

No, and you really need to schedule a consultation with a land use & zoning attorney to evaluate your situation and explain your legal rights. 42 U.S.C. Sec. 1983, which provides a legal cause of action for violation of Federal constitutional or statutory rights, does not apply to complaints... Read more »

Q: I need help forming a nonprofit company. I would like to sell gift boxes. I need help knowing the ins and outs of this.

I know many nonprofit companies that sell products/services and make money they don’t help a community at all. I would sell gift boxes and make a profit and help low income/foster care kids. I need help knowing what to do and how to set this organization up. I live in Florida. But any advice on... Read more »

Linda Liang
Linda Liang answered on May 10, 2021

This is not just one question. This is a set of questions, which includes a) how to incorporate; b) how to receive non-profit status ; c) how to maintain a non-profit status. It is not easy to answer in a short form. You should start by incorporating and proceed to schedule a consultation with an... Read more »

2 Answers | Asked in Gov & Administrative Law, Probate, Products Liability and Public Benefits for Florida on
Q: On a probate case do I get a lawyer from the state I reside in or from the state the probate is in?
Nina Whitehurst
Nina Whitehurst answered on Apr 22, 2021

You should hire an attorney licensed in the state where the probate case is. Theoretically you could find an attorney near you who is also licensed in the state where the probate is. For example, I live and work in Tennessee and am also licensed in Arizona and California and three other states.

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1 Answer | Asked in Contracts, Business Law and Gov & Administrative Law for Florida on
Q: Is it better to privately lease a vehicle in FL or sell the vehicle with an associated lean against it?

I am the secretary for a 501c3 focused on supporting military and ex-military veterans. We have a unique situation where the group acquired a motorcycle trike, which the group would like to "loan" to a biker who lost his leg in a motorcycle accident. We want to know if we should... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 7, 2021

Liability attaches to whoever owns the trike as well as whoever is driving it when an accident occurs. So if the club owns the trike (name on the title) they cannot avoid liability by leasing it or selling it subject to a purchase money loan. Hire an experienced lawyer to help keep the club on this... Read more »

1 Answer | Asked in Election Law, Gov & Administrative Law, Government Contracts and Public Benefits for Florida on
Q: My ex stated that she “had dirt” on me after I asked her to stop communicating with me. What can I do?

I stated today that I no longer wished to continue communication with my Ex. She stated that she did not plan on it so I took that as an agreement. I stated that if she continued communication I would pursue legal action and she said that she “had dirt on me too” when I never stated that I... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 15, 2021

You asked if it's a threat, but not all threats are illegal. If she is merely saying or implying, "If you sue me, bad things about you will be revealed", there's nothing unlawful about that threat. Of course, if she makes false statements to third parties that are damaging to... Read more »

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Florida statute 648.30 subsection 2, 3 are those separate statements or can 3 apply to 2?

most if not all bail bond agents would say that you cannot be a bounty hunter in florida but Im in a class to get my license and the instructor said that subsection 3 would allow any bounty hunter to arrest a principal in florida if the bond was written in the state they where licensed even though... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 13, 2021

The subsections are not exactly run-on sentences, but they may be confusing because of the many redundant words used. Try reading it like this:

"648.30 Licensure ... required.—

(1) A person may not ... perform any of the functions,... prescribed for bail bond agents ......
Read more »

1 Answer | Asked in Federal Crimes and Gov & Administrative Law for Florida on
Q: Why isn't Marjorie Taylor Green not in federal prison . Threatening government officials of the United States is a felo

Here is the million dollar question . Why isn't Marjorie Taylor Green not serving 5 years in federal prison . Threatening government officials of the United States is a felony under federal law. Threatening the President of the United States is a felony under 18 U.S.C. § 871, punishable by up... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 29, 2021

Taylor Greene is a bottom-of-the-barrel, evil, ignorant miscreant and should be expelled from the House. However, thus far, I have seen no stories of her threatening the President or other officials with violence. There are stories of her posting the "like" icon on other people's... Read more »

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: if you are impeached and removed are you no longer prived to top secret information

Your answer did not really answer the question at all. For instance I read that if they are impeached and removed they lose their pension. The reason I am asking is to wonder why the people who are questioning the reason for impeachment with such little time left in office , that would be a huge... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 10, 2021

It is the act of leaving office that determines what info you have or don't have access to, not the reason you left office. Why do you ask?

1 Answer | Asked in Gov & Administrative Law, Internet Law and Small Claims for Florida on
Q: Can I do this without being an attorney/law firm?

I want to start a small company where I send demands (seeking settlements) to companies for violations of u.s. telemarketing laws...I have seen places that help with accidents that arent actually law firms, am I able to do something similar but with telemarketing?

Charles M.  Baron
Charles M. Baron answered on Dec 13, 2020

No.

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