Lawyers, Answer Questions  & Get Points Log In
Florida Gov & Administrative Law Questions & Answers
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.

View More Answers

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.

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Florida on
Q: My boyfriend is currently locked up in Collier county with a warrant from Orange County for Burglary with assault/batt

He got into a verbal altercation with his dad at their residence and walked back into the home but ever assaulted anyone. He has proof that he was residing there at the time of the incident & his dad never pressed charges. Is there a way we can get the charges dropped or a way he could get... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 11, 2020

Why are you assuming the warrant is for the incident with his dad if his dad never pressed charges? Something's missing here. Either his dad DID press charges or the warrant is for something else. Another possibility is that his dad first decided to press charges, then changed his mind, but... Read more »

1 Answer | Asked in Estate Planning, Gov & Administrative Law and Real Estate Law for Florida on
Q: Power of Attorney for Real Estate Property in Puerto Rico to use for Closing due to not traveling Covid-19 related.

I live in Florida, brother here lives in South Carolina. Want to name other sibling in PR to sign off on documents at closing (brother here will buy our parts and he will be putting the house in his name). Does the Power of Attorney need to come from Puerto Rico and does it need to be translated... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 20, 2020

The law of Puerto Rico may not be the same as the law in Florida. That's why you should have asked your question in Justia > Ask a Lawyer > Puerto Rico.

1 Answer | Asked in Election Law, Gov & Administrative Law and Municipal Law for Florida on
Q: How can I place an item to be voted on in a city?

I would like to change the laws of the municipality by placing it on the ballot for the upcoming elections.

Charles M.  Baron
Charles M. Baron answered on Sep 14, 2020

You must find out whether your city has a process for petitioning to place a referendum on the ballot (also called initiative petition), and if so, what the petition requirements are (method, number of signatures needed, time restrictions, etc.). I would start out by calling the City Clerk's... Read more »

2 Answers | Asked in Civil Rights, Election Law, Gov & Administrative Law and Public Benefits for Florida on
Q: DMV says I need a birth certificate to get photo ID, DOH says I need photo ID for birth certificate. What should I do?

My driver's license is expired. I tried renewing online and was told I needed to show a copy of my birth certificate. I do not have a "valid" copy of a birth certificate. For those who are not aware, the Florida DMV is currently in the same state of collapse as most of their other... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

Are you indicating that you have neither? How old are you?

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Gov & Administrative Law for Florida on
Q: If your HOA retaliated against you, can I file a complaint in Federal Court or Civil Court?

My HOA retaliated against me after being caught using my water in my property. At the same time my fence which was being replace was installed improperly, and it was fixed, did not allow me to extend it like other neighbors. They added a lien on my property after I sent my HOA dues and refuse to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 1, 2020

It doesn't appear to involve a federal question, so no, you can't sue in federal court.

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Government Contracts and Small Claims for Florida on
Q: If you leave your property on city property does it become owned by the city?

Volunteers/nonprofit leaving goods overnight.

City then uses such goods, and claims such property is owned by them.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 21, 2020

If it's abandoned, and whether that is the case depends on all of the circumstance, it can be taken by anyone.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can I loan my son $120,000 w/ promissory note using his homestead as security? Can it be recorded? Better Ideas welcome
Charles M.  Baron
Charles M. Baron answered on Jun 22, 2020

Yes, with a recorded note and mortgage, but if there is already a mortgage for a home loan, the lender has priority, so if the lender forecloses, you'll end up on the short end.

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Florida on
Q: Can DEO get away with not dispersing the $600 per week PUA money I qualify for?

I am eligible under the Care's Act for PUA as a 1099 worker. I was also eligible for unemployment as a 1040 worker. I received back pay for unemployment but not the PUA funds. The DEO is not communicating with me, and can not answer my questions, friends from other states have already received... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 10, 2020

No, DEO is not "committing fraud." Since DEO is the final decision-maker as to whether or not you are entitled to the extra money given to DEO under the CARES Act I strongly suggest that you stop fighting with them and just wait for the DEO bureaucracy to catch up with the thousands of... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.