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Florida Gov & Administrative Law Questions & Answers
1 Answer | Asked in Criminal Law and Gov & Administrative Law for Florida on
Q: How is residential density calculated as stated in Fl Statute 790.15 (4)?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 11, 2024

That's a good question. The state would have to prove, beyond a reasonable doubt, the residential density. If, for example, you were to discharge the firearm on a parcel that is less than an acre in size and contained one residence, you might be convicted, even if the adjoining parcels were... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: A person who bought my car won’t give me info to fill out legal documentation. What do I do?

I recently sold my car, but it was my first time selling one and I wasn’t aware I was supposed to fill out a special form to confirm it has been sold. I thought I just had to fill out the title for the next person and that’s what I did. I have reached out to the purchaser to get their info, but... View More

James L. Arrasmith
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answered on Dec 2, 2023

In a situation like yours, it's important to take prompt action to protect yourself. First, document all your attempts to contact the buyer, including dates and methods of communication. This record can be useful if legal action becomes necessary.

Next, you should notify your local...
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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: What should I do if my brother's visitation privileges has been indefinitely suspended more than 7 years ago.

My brother is in prison in Florida. His visitation privileges has been indefinitely suspended since 2016 for an incident that he was accused of partaking in but never received any disciplinary report for. How do we get his visitation rights restored?

Charles M.  Baron
Charles M. Baron
answered on Nov 30, 2023

Contact the Human Rights Defense Center - https://www.humanrightsdefensecenter.org

3 Answers | Asked in Traffic Tickets and Gov & Administrative Law for Florida on
Q: How can I get my 21 year old daughter to change her drivers license address to where she has been living now for a year?

She’s has told me numerous times that she'll do it but she has not done so yet at this point and it’s been over a year now. Thanks

Charles M.  Baron
Charles M. Baron
answered on Nov 27, 2023

She's violating the law, likely subjecting her to a potential fine if caught. If she uses her old address for voting purposes and now lives in a different precinct, she may even be subject to a potential criminal charge. If you'd like to try forceful persuasion, you can hire a lawyer to... View More

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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can I request a copy of a police departments internal affairs investigation report?

The officer on my friends case was being investigated by internal affairs,for misconduct. That officer resigned from the police department to stop the investigation and before taking a scheduled polygraph test. Is it possible for me to obtain a copy of the internal affairs report that was be... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2023

Once an IA investigation is over (and there's no pending criminal case against the officer), the entire IA file (not just the final report) is public record, a copy of which can be obtained by making a public records request to the police dept. Many departments now take online requests on a... View More

2 Answers | Asked in Gov & Administrative Law for Florida on
Q: Pursuant to Alabama Code Title 35. Property § 35-4-24 where do i find this same code in florida

Pursuant to Alabama Code Title 35. Property § 35-4-24 Acknowledgments and proofs of conveyances

i need to find this code in Florida

thank you

James L. Arrasmith
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answered on Dec 17, 2023

To find a Florida statute comparable to Alabama Code Title 35, Property § 35-4-24, which deals with acknowledgments and proofs of conveyances, you might want to refer to Florida Statute 117.107. This statute can be found in the online Florida Statutes. It's important to note that while this... View More

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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: I went to jury duty on 10/4/2022 and got another request to go on 11/2023. is that a mistake, ? can i just ignore it
T. Augustus Claus
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answered on Nov 9, 2023

It is possible that you are being summoned for jury duty twice in one year in Florida, but it is also possible that there is a mistake. In Florida, jurors are selected from a master list of registered voters. The master list is updated every year, but it is possible that your name was accidentally... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: I went to jury duty on 10/4/2012 and got another request to go on 11/2023. is that a mistake, ? can i just ignore it

I went to jury duty on 10/4/2022 and got another request to go on 11/2023. is that a mistake, ? can i just ignore it? i don't think this is fair.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 8, 2023

That was 11 years ago! Do you imagine that once you do jury duty you are immune forever from being required to do jury duty again? By all means, don't just ignore it. Call the clerk of court and ask about it. If you are told that it is a mistake, make sure you get something in writing.

1 Answer | Asked in Business Law and Gov & Administrative Law for Florida on
Q: What permits or licenses do I need in the state or Florida to sell candy under my own brand state to state online ?
Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Nov 3, 2023

Depending on the exact details of your business plan, you may need a Food Permit from the state Department of Agriculture, plus other basic permits and licenses for the establishment of a business such as a city and county business tax receipt. You may also want consider what type of business... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: I have an RV, I defaulted on the note. The bank wrote it off but are still on the title. How do I get the title cleared?

I have had the vehicle stored and not used for 13 years. I would like to dispose of it but cannot without a proper title.

James L. Arrasmith
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answered on Nov 9, 2023

If a bank has written off a loan but remains on the title of your RV, you may still need to address the loan to obtain a clear title. Start by contacting the bank to negotiate a release of their lien, potentially for less than the amount owed given the time elapsed. If the bank agrees, they should... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: IDMV in Michigan Pennsylvania aFlorida told me get judgment in order title out state commercial vehicle no bond title in

I need to abstain out of state title dealer Missouri resident and truck in Florida title in Pennsylvania dealer sold it to us never received title. I need court bond or judgment to abstain Florida title for bucket truck since 2021 was year we bought it and we never received title

James L. Arrasmith
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answered on Nov 9, 2023

To resolve an issue with obtaining a title for a commercial vehicle purchased out of state when the title was not received, you may need to seek a court-ordered judgment or a surety bond title, depending on the state's requirements where the vehicle is currently located. In Florida, if a title... View More

1 Answer | Asked in Consumer Law and Gov & Administrative Law for Florida on
Q: I have been trying to get my title from a now closed Car company.They have sold the company to someone else.

I have been getting no where as to receiving my title and now they want more money.How can I sue them to have the courts deem me to be the owner?

James L. Arrasmith
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answered on Nov 9, 2023

You have the right to seek legal recourse if you believe a company has not fulfilled its obligation to provide you with a vehicle title. Consider gathering all pertinent documents, including sales contracts and any correspondence with the company, as evidence of your ownership claim and the... View More

1 Answer | Asked in Real Estate Law, Tax Law and Gov & Administrative Law for Florida on
Q: what is the next step after a defendant answers a complaint? when should interrogatories be filed?
T. Augustus Claus
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answered on Oct 17, 2023

After a defendant answers a complaint in Florida, the next step is typically for the plaintiff to file interrogatories. Interrogatories are written questions that are served on the other party to the lawsuit. The other party is then required to answer the interrogatories in writing. There is no... View More

1 Answer | Asked in Gov & Administrative Law, Government Contracts, Public Benefits and Contracts for Florida on
Q: I was lead to believe that the federal government who do i sue?

I was lead to believe that the federal government would be taking care of the citizen's with hardship I had taken on a tenant to help make bills lower and was initially approved after email requested documents then made appointments to pickup funds upon arrival they asked me to sign the top... View More

John Michael Frick
John Michael Frick
answered on Oct 15, 2023

If you were falsely told by your tenant that they were going to receive government rent assistance which they didn’t receive, you can sue the tenant for the rent they agreed to pay you in your lease agreement.

1 Answer | Asked in Business Law and Gov & Administrative Law for Florida on
Q: Could I open a talent agency in Florida with no licence to represent myself, my son and a friend?
Phillip William Gunthert
Phillip William Gunthert
answered on Oct 10, 2023

You can find your answer in the Florida Statutes as listed below. You can do it for yourself and son, it does not appear that you can represent the friend until you get properly licensed.

468.403 License requirements.—

(1) A person may not own, operate, solicit business, or...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Florida on
Q: Can a local government backtrack on a written promise simply because the person holding a specific office changes?

A City Manager put the decision on a specific matter in writing. This decision has been made following a discussion with the Legal team and had been confirmed by the mayor, also in writing. A new City Manager comes in and without any new data since the previous decision, reverses that decision, but... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 29, 2023

Probably the only way to get answers on this is to schedule a consultation with an attorney to review the matter in detail. Generally, a "promise" by anyone to do anything is not legally enforceable if not part of a legally binding agreement - but hearing the word "promise" in... View More

1 Answer | Asked in Gov & Administrative Law and Agricultural Law for Florida on
Q: Can Miami dade county require a nursery registered with the state to get a certificate of use through Miami dade county?

Nursery is on agriculture land and AU zoning

Charles M.  Baron
Charles M. Baron
answered on Sep 25, 2023

I'm guessing that, by "registered with the state", you mean registering the nursery with the Fla. Dept. of Agriculture and Consumer Services pursuant to Fla. Statutes Section 581.131. The purposes of State regulation/inspection of nurseries are different than the purposes of County... View More

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Family Law for Florida on
Q: My daughter lives in Florida. I overheard a fight w/ her mom. Is that considered eavesdropping? I live in another state.

I'm her step mom. I was not recording, and I was not planning on using it in court. I just read about eavesdropping and didn't know if no recording was a factor. Thank you so much for the information, a lot of weight was just lifted.

Charles M.  Baron
Charles M. Baron
answered on Sep 23, 2023

Well, it was "eavesdropping" if one or both of them didn't know you were listening, but it was not necessarily unlawful. If you were on the phone with one of them, and she happened to hold onto the phone or put it down (knowing you were still there) as she started the interaction... View More

2 Answers | Asked in Family Law, Immigration Law and Gov & Administrative Law for Florida on
Q: Am I legally married if I never performed the ceremony but did not present the license?

I applied for a marriage license in Florida, but I never got married and I never returned the license to the court, but the license status is listed as "NOT RETURNED." Does this have any legal effect? I would like to know if this marriage is legalized

James L. Arrasmith
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answered on Sep 24, 2023

In Florida, merely obtaining a marriage license does not mean you are legally married. For a marriage to be valid, the ceremony must be performed by an authorized person and the completed license must be returned to the issuing clerk for recording. If the license was never returned and no ceremony... View More

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1 Answer | Asked in Employment Law and Gov & Administrative Law for Florida on
Q: Can I work for the state of Florida? I didn’t do selective service but I didn’t know I had to do it I have a SIL letter

Each agency shall provide for a review, when requested by the applicant or employee, of any denial of employment or promotion for reasons of noncompliance with selective service registration requirements.

T. Augustus Claus
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answered on Sep 18, 2023

To potentially work for the state of Florida without Selective Service registration, contact the specific agency of interest to inquire about their policies and whether they consider your circumstances, including the SIL letter, when making employment decisions. The Selective Service System... View More

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