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Florida Gov & Administrative Law Questions & Answers
0 Answers | Asked in Criminal Law and Gov & Administrative Law for Florida on
Q: Is the consent to search form supposed to be signed by the owner (only)of the car if their car is part of a crime scene?

Can you use that as new discovered evidence, being that you was wrongfully incarcerated from planted evidence?

1 Answer | Asked in Internet Law, Employment Law and Gov & Administrative Law for Florida on
Q: How to remove personal legal information about myself from internet
Tim Akpinar
Tim Akpinar
answered on Nov 4, 2024

A Florida attorney could advise best, but your question remains open for a month. It's very difficult to remove personal information these days. There are companies that deal with individual privacy and security - you could reach out to them. Some of them affirmatively attempt to remove... View More

1 Answer | Asked in Tax Law, Civil Rights, Gov & Administrative Law and Social Security for Florida on
Q: Lost ID, no primary ID. Need replacement to get job, access funds & meds. Urgent help needed.

I am humbled by your support, your kindness and the hard work you put in to make this Q&A opportunity possible for me. Words won’t describe the gratitude I feel. I have no original primary ID only possess digital copies of primary ID- my Certificate of U.S. Citizenship and an expired state ID... View More

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry you're facing this challenging situation. Start by visiting your local Florida Department of Highway Safety and Motor Vehicles (DHSMV) office. Bring all your secondary ID originals, your expired state ID, and digital copies of your Certificate of U.S. Citizenship. Explain your... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Florida on
Q: My Public Defender LIED about what 'adjudicated' meant to get me to plea guilty. Is there a Statute of limitations?

REVISED. 25 yrs ago I was arrested with a serious charge. My PD was Mad because I wouldn't plea. I Firmly stated I was innocent and only plea, NOT guilty! The Judge's counsel, however, was, 'one never knows how a jury will vote, so if the outcomes bad [jail] perhaps a plea is... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 3, 2024

I'm wondering if you actually had an adjudication of guilt or instead a withhold of adjudication. Both phrases have the word "adjudication" in them, but are completely different. An adjudication of guilt equals a conviction. A withhold of adjudication (often referred to simply as... View More

1 Answer | Asked in Insurance Bad Faith and Gov & Administrative Law for Florida on
Q: Insurance underwriter cancelled insurance said sent notice but not received by us mortgage company or agent. Is it legal

We never got any notice the mortgage company never got anything neither did our agent. Now having no insurance it will be much harder to get insurance. Is there any recommendation to get them to reinstate it

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2024

A Florida attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. If you were represented by an attorney in a property transaction, they might know more. Check with the insurance carrier how they provided notice - regular mail, email mail,... View More

1 Answer | Asked in Tax Law, Constitutional Law and Gov & Administrative Law for Florida on
Q: Having trouble finding a attorney for my case consisting tax fraud, eminent domain,damage to my credit score sol up 5mon

Case is against Broward county Florida I had a tenant that applied for erap COVID rent assistance which was initially approved but when I went to pick up the funds I was denied went through appeal process then referred to another organization (our Florida) which went through process again this time... View More

James L. Arrasmith
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answered on Sep 17, 2024

It sounds like you’re facing a complex and challenging situation involving several legal issues, including tax fraud, eminent domain, and damages to your credit score. Given the nature of your case, which involves both local government actions and financial harm, you may want to focus on finding... View More

1 Answer | Asked in Tax Law, Constitutional Law and Gov & Administrative Law for Florida on
Q: I need an attorney 4 a case against Fl Broward cnty dept children family tax fraud violat my constit right + dmge2 credi

Had a tenant who applied for erap assistance rental assistance which was initially approved but when I went to pick up the funds I was denied and referred to another organization our Florida which did the same thing but this time stating that " our records show that your application was marked... View More

James L. Arrasmith
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answered on Sep 12, 2024

You are facing a complex situation involving tax fraud, violation of your constitutional rights, and financial damages due to the actions of the Broward County Department of Children and Families. It sounds like the handling of your tenant's rental assistance application led to a cascade of... View More

Q: Denied for SSI and passed appeal deadline due to SSI and other lawyers discriminating based off of age. What do I do?

SSI denied me saying that despite knowing my limitations, they say it wasn’t, “severe” enough. They were basing off of my education, job history, and age. When I was reaching out to 3 other lawyer/lawyer firms, they refused to take my case due to my age. It passed my deadline due to their... View More

James L. Arrasmith
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answered on Sep 6, 2024

You may still have options to address the missed appeal deadline for your SSI claim. If you believe the delay was due to discrimination or misinformation from lawyers who refused your case based on age, you could try to file a request for reconsideration with the Social Security Administration... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Florida on
Q: If a prosecutor is deemed DELINQUENT, PROHIBITED from practicing law, how can they still try a case in front of jury

Florida Bar RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS

(b) Minimum Hourly Continuing Legal Education

Every member must complete a minimum of 30 credit hrs of approved continuing legal education activity every 3yrs

RULE 6-10.5 DELINQUENCY

(a) If a member... View More

James L. Arrasmith
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answered on Jul 21, 2024

If a prosecutor is delinquent and prohibited from practicing law, they are not allowed to try a case in front of a jury. According to the Florida Bar rules, failing to meet the minimum continuing legal education requirements results in delinquency. This status means the prosecutor is no longer in... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Is it Legal in the state of Florida for a 16 year old to open carry a rifle when fishing
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2024

Yes.

Florida Statute 790.25 provides that "(2) ... Notwithstanding ss. 790.01, 790.053, and 790.06, the following persons may own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes if they are not otherwise prohibited from owning or...
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Q: Can Miami dade fire department enforce a law on a bussiness when previous years did not do it without any prior warning?

Hi I own a six 6 bed adult living facility in Miami Florida since 2019.This is a women minority own business. I have been licensed by Agency for Health Care Administration (AHCA ) and every year have been inspected by Miami-Dade Fire Rescue Department. I have been passing all my inspections. This... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2024

Under the facts described, whether you have a valid case depends on the language of any warranty provided to you but probably not.

Contractors are generally required to comply with Code, for example by making sure that the windows comply with size requirements. Suing a contractor,...
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1 Answer | Asked in Civil Rights, Constitutional Law, Military Law and Gov & Administrative Law for Florida on
Q: I am 19 years old and I am in the Florida national guard. Can I buy a handgun

I am a service member under FS 250.01 (19), according to FDACS website I am also allowed “to carry a concealed weapon or concealed firearm if you are 18 years of age or older”. And under FL Statue 790.0655 (2)(d)(9) I am allowed to purchase a rifle or shotgun under 21. My question is am I... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a complex question that involves federal and state laws, as well as specific exemptions for military members. Let's break it down:

1. Federal law: Generally, federal law prohibits licensed firearms dealers (FFLs) from selling handguns to individuals under 21. This applies...
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1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Florida on
Q: In Florida can you be trespassed from somewhere you have never been or havent been in over 1 year?

I got a trespass warning tuesday from a location I have never been, and all the statutes it sources say you were already on the property without consent, and based off of the wording in chapter 810 (burglary and trespass statute) I needed to be on the property and asked to leave, or told I'm... View More

James L. Arrasmith
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answered on Jun 21, 2024

To provide a concise response to this legal question:

In Florida, it's generally not typical to receive a trespass warning for a property you've never visited or haven't been to in over a year. Trespass warnings are usually given when someone is on a property without...
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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Florida on
Q: If I have a car that was left in my driveway and the owner no longer returns calls or texts, how do I claim it?
James L. Arrasmith
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answered on May 29, 2024

If a car has been left in your driveway and the owner is unresponsive, you will need to follow legal procedures to claim it.

Start by contacting your local police department to report the abandoned vehicle. They will typically run a check to ensure it is not stolen and may try to contact...
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1 Answer | Asked in Tax Law and Gov & Administrative Law for Florida on
Q: Does an acupuncturist need a tax permit to provide in- home treatment services in Lake County FL?
James L. Arrasmith
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answered on May 21, 2024

In the state of Florida, including Lake County, acupuncturists are required to obtain a license from the Florida Board of Acupuncture to practice acupuncture legally. This is outlined in the Florida Statutes, Chapter 457.

However, regarding a tax permit for in-home treatment services, the...
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2 Answers | Asked in Foreclosure, Real Estate Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: How do I file a dismissal on a final judgement/forclosure? I have proof of coercion from plaintiff. What form is used??

How do I request a hearing with the Judge to show that Plaintiff (my mom), who was granted final judgment. Plaintiff utillized coercion to keep me quiet. She sent text messages to my sister saying if I dont sign over the deed she will make it her job, day in and day out to have my son taken from... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 2, 2024

This is not a do-it-yourself project. Your description of how this is being handled calls into question your ability to protect your home from being foreclosed. Consult with a local foreclosure defense attorney as soon as possible.

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1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Immigration Law for Florida on
Q: I rented an airplane outside of the flight school. Is this considered a Homeland Security Violation and criminal act?

I am a F-1 student in Florida working as a flight instructor in a flight school. The school canceled my i-20 saying i did a Homeland Security Violation for following reason.

It says on the contract that I cannot fly an airplane other than school’s plane but I rented an airplane to build... View More

James L. Arrasmith
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answered on Apr 5, 2024

This is a complex situation involving immigration law, flight school policies, and potential Homeland Security regulations. Based on the information provided, it's unclear whether renting an airplane outside of the flight school would be considered a direct violation of Homeland Security... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Who do I request a Judges docket Clerk of the Court General Counsel of the Circuit Administrator of the Court

I have been requesting a 2 week time period for dockets of a specific judge for 7 months now and still don't have it and get the runaround.

I've requested from the following:

Clerk of the Court

General Counsel of the Circuit

Administrator of the Court

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 29, 2024

I'm not sure why you are requesting the judge's docket but if you are looking for hearing times you need to look at the judge's rules or procedures about how to set hearings. Some judges have their available hearing times online through JACS or a similar program and some judges... View More

1 Answer | Asked in Employment Law, Health Care Law and Gov & Administrative Law for Florida on
Q: what happens if I am supervising someone whose Provisional Mental health license has just expired

I am a licensed Psychologist and have been supervising a person who held a provisional license. A condition of his employment with me was that he take his exam. Regardless of reminders and pressure from me, he did not take the exam until last week (this has gone on for two years now). He found out... View More

Shayla N. Waldon
Shayla N. Waldon
answered on Mar 27, 2024

I believe that the answer here is dependent on a number of factors, including the person's specific role, as well as how you may have defined the terms and conditions of employment in any offer provided to the person. These are things that a potential plaintiff can hang his/her hat on to... View More

1 Answer | Asked in Federal Crimes, Employment Law and Gov & Administrative Law for Florida on
Q: the TSA is investigating a violation of the TSR title 49 CFR 1540.105 a violation of regs for civil penalty for 14,950

Test was given at my post which I failed on purpose to inevitibly quit my position at FLL now they what to file civil penalties against me. when anyone whose has failed before is just given a slap on the wrist. I would like to what actions i should take in protecting myself and if it is legal to... View More

James L. Arrasmith
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answered on Mar 22, 2024

If you are facing an investigation or civil penalties from the TSA, particularly regarding a situation at your workplace like the one described, it's critical to seek legal advice from an attorney familiar with employment and administrative law, especially those who have experience with TSA... View More

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