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Questions Answered by Bruce Alexander Minnick
1 Answer | Asked in Family Law for Florida on
Q: Is it ethical for a lawyer to take you on as a client knowing they have an impending suspension coming.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 28, 2021

Rather than opine on a situation I know nothing about, I will just say that--as a licensed Florida lawyer (43+ years) who wants to remain licensed to practice law in Florida--I would not accept any new client without first informing the client of the status of any such unresolved disciplinary... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If I rent a room in Sarasota county for less than 6 months, does the landlord have the right to impose a 12% tourism tax

Im being charged 12% bed tax because I did not stay 6 months. Is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 28, 2021

Yes. Florida law requires all hotels, motels, B&Bs and all other kinds of large and small businesses that provide short-term living units to the public to collect and remit "tourist taxes." Many counties also imposes these kinds of taxes.

2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: What can i do if my car was repossessed and sold within 10 days even if i caught up on my owed amount

My vehicle was sold within 10 days of being repossessed for the amount $551 being owed i paid the 551 and a payment but was unaware the dealer already sold my vehicle as they didnt notify me i made more payments afterwards and went to pick it up and they said they sold it already i was never... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 26, 2021

You just learned a very painful lesson about the importance of staying current on ALL monthly payments.

Because you did not say whether your car was new or used, or whether the dealer also extended the credit needed to purchase the car, I have to answer this question under both scenarios:...
Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: When the owner of an account is deceased and directs his assets to two beneficiaries, is the Personal Representative

still entitled to the balance of a jointly held convenience account that was set up as a means to manage financial affairs of the deceased or should the balance be conveyed to the estate for distribution to the beneficiaries.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 23, 2021

Probate Law is very complex. No lawyer can answer your question because there is not enough information.

Foe example, if there is a Last Will, it will usually name a personal representative--who may or may not be a beneficiary of the Last Will. In situations where that is no Last Will...
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1 Answer | Asked in Family Law for Florida on
Q: Why would a judge allow a respondent time to answer to a divorce petition a second time after a motion of default
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 23, 2021

Because the law strongly favors decisions on the merits as opposed to allowing litigants to avoid legal responsibility merely for procedural reasons.

If important lawsuits--like divorce lawsuits--could be defeated merely because one of the litigants failed to respond to some pleading...
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2 Answers | Asked in Business Formation for Florida on
Q: If I am employed with a non-profit organization and I test positive for covid 19??

Does the non-profit organization have to pay me while I'm out during quarantine until I'm able to return to work??

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 19, 2021

There is no LAW that requires any Florida employer to pay you while unable to work.

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1 Answer | Asked in Estate Planning for Florida on
Q: Can I change my Irrevocable trust documents?

At the time of my signing I was under the pressure of a third party law firm. They were suing me for the full value of my S Corporation - a professional medical and surgical facility licensed in the state of Florida. FL 2488. I did not understand the document at that time, as their answers to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 19, 2021

No, you cannot go back upstream and re-write the irrevocable trust that you have already signed.

And unless you start funding the trust as agreed the other side will probably sue you to enforce the trust contract.

However, since you object to the funding part it is possible for...
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1 Answer | Asked in Employment Law for Florida on
Q: is my employer required to pay me overtime wages if I should have had 50 hours on my check?

I was required to work 10 hours on the Monday following July forth. My days off are Sunday and Monday since I reglarly work Tuesday through Saturday.. The employer gave me Sunday and Tuesday off and Tuesday was holiday pay of 8 hours. This gives me a total of 50 hours which would mean 10 hours of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 17, 2021

You cannot count the eight hour holiday as working hours--because you did not work. So the 2 hours OT is correct.

4 Answers | Asked in Divorce and Family Law for Florida on
Q: Will my marital property belongs to me after divorce if my wife signs a paper to waive any property dispute?

We are in Florida. Today, my wife is aware that the house belongs to me, cause I bought it with my own money. But will the house be divided if we divorce in the future? The house is titled by myself only at the moment.

Does it help if my wife is willing to sign a paper (what kind of paper... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2021

These are extremely important issues that you should ask a lawyer; this public website is not the place to try to do this.

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2 Answers | Asked in Employment Law for Florida on
Q: When applying for a job in Florida can i be retaliated against for refusing to answer questions about past salaries?

To my knowledge, Florida is not a state with legislation that enforces a salary history ban, so a potential employer has the right to ask about past salaries in the.

I also understand I have to right not to answer these questions but I am unaware as to weather there are protection in place... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2021

Normally I do not answer "what if" questions on the Internet asked by people I know nothing about; why? Because there are way too many unknowns, and because lawyers are not soothsayers.

However, this question intrigued me; and it makes me want to ask you why you are asking for...
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2 Answers | Asked in Employment Law for Florida on
Q: To my understanding an employer cannot deduct money from my paycheck for a mistake I made. Is this true.

I made a mistake a used material that I thought was scrap. Boss saw it Nad sid it wasn't scrap. So he is deducting $500 from my paycheck. I told him that it illegal and he told me if I didn't and agree to it then I wax getting fired just because I told him it's illegal

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 10, 2021

This is a teaching opportunity:

1. I hope you learned that you were lucky when your boss decided to deduct the $500 instead of just terminating you. 2. And I hope you realize you should have agreed to pay for the expensive material you ruined because now you have no job.

3....
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1 Answer | Asked in Family Law for Florida on
Q: can a lawyer being represented by another lawyer on a case make false statements in court or to a court-appointed offici

I am in a child custody case. Mother is a lawyer and is being represented by counsel. Mother has made and continues to make false statements to G.A.L and in court

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 9, 2021

Any Florida lawyer who is caught making false statements in court or to any judge or other officer of the Court could be punished by The Florida Bar under their Rules Regulating Lawyers. I does not matter whether they are a witness.

1 Answer | Asked in Employment Law for Florida on
Q: Am I able to give notice while on short-term disability leave and not lose benefits?

Full-time employee.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2021

It never ceases to amaze me how people can ask simple "legal" questions that--as far as I know--have never been asked before; this is one.

So rather than wasting time and money trying to draft and introduce proposed new legislation designed to answer this simple question,...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Lease renewal misrepresentation by new Llords, I am the Tenant
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2021

How do you expect any lawyer reading this to respond intelligently?

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Me and my husband have been separated years ago and out minor children have lived with him. He has keep them from me.

I found out yesterday that he has moved without telling me and i do not know where. I have my divorce packet filled out and my parenting class done with certification. What do i need to do to get my kids asap

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

FILE THE DIVORCE PAPERS AND THEN LOOK FOR HIM.

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1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Insurance Defense for Florida on
Q: Do I have recourse against my insurance agent?

I was having trouble getting my older boat insured. My friend/agent said he would probably just put his name on it so we could get it insured. Mind you, he has nothing to do with the boat nor has he invested in it. He strictly put his name on it to get it insured. The boat sank. Insurance company... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 6, 2021

Reading between the lines I have a feeling that your "friend/agent" works for the insurance company; am I right?

If so you can file a complaint against your agent with the Department of Financial Services, Division of Insurance Regulation.

1 Answer | Asked in Employment Law for Florida on
Q: how to draft a notice for Waiver of sovereign immunity in florida

trying to sue a government agency in florida based upon 112.3187 and failure to follow employee handbook.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2021

FYI: Citizens cannot waive Florida's sovereign immunity; only Florida's Legislature or one of Florida's several elected or appointed officers can do that.

If you are trying to bring a cause of action against some Florida agency under the Whistle-Blower Act (Section 112.3187,...
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2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can I be fired because I need a break to monitor my blood pressure

Asked for break to check blood pressure made to wait more than hr had to take a few hrs and 3 pills to bring down asked if I need to return to work they told me no stay home. Next morning was fired cause of health concerns

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2021

Although your health-related situation might afford you some protection in the workplace if all statutory requirements were met first, the facts as presented here do not appear to satisfy applicable law. Why?

1. Because Florida is an “at will” state, which means private employers are...
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1 Answer | Asked in Employment Law for Florida on
Q: Employees of a private university in Florida are REQUIRED to give at least one month's notice if they take another job.

This refers to a private university with an enrollment of >15,000 students. Employees must give at least a full month's notice if they decide to leave and take a job somewhere else, instead of the traditional 2 weeks' notice. Employees who give 2 weeks' notice instead of a month... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 3, 2021

(Please remember this advice and pass it along to all your friends):

1. Florida is an “at will” state, which means PRIVATE employers are free to recruit, hire, transfer, promote, demote, suspend, reinstate, fire--and then rehire--employees for any reason at any time, i.e., “at...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My renewal lease increased by a whopping $289. Reason given: new tenants who move into the same apt pay more..

Meantime, three neighbors who have the very same apt were only given an increase of $50, $86 & $100. Something is terribly wrong here. Why is there such a discrepancy between my lease and theirs? Why doesn't the same criteria apply to them? Have resided in the same community for 2 years in... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2021

There is no Florida law that requires a landlord to rent similar apartments at the same exact rate. It sounds like the landlord is trying to equalize rates, which explains why some tenants had less of an increase than you did.

For example, since you have lived there for over two years, the...
Read more »

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