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Florida Gov & Administrative Law Questions & Answers
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

1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for Florida on
Q: What to do if I woke up sick Sunday but have a court pre-trial hearing tomorrow on Monday afternoon? (Covid)

Recently exposed to someone who had Covid. I woke up today sick, fever sore throat, but have court tomorrow. Today is Sunday so I won’t be able to contact the court till tomorrow - and my hearing is at 130pm the same day. It’s a pre-trial for a traffic ticket I chose to dispute. How easily will... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 10, 2023

What action you should take depends on whether you're well enough to appear. "Don't want to get others sick" is not an issue because you can simply wear a mask. If you're not well enough to make the trip, the best thing you can do is, first, try to reach a traffic ticket... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: what are the requirements of storing alcohol for resale, does the site need to be certified for anything.
T. Augustus Claus
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answered on Sep 1, 2023

In Florida, storing alcohol for resale involves adhering to specific regulations governed by the Florida Division of Alcoholic Beverages and Tobacco (ABT). The foremost requirement is obtaining the appropriate license based on your business type, such as a retailer, distributor, or manufacturer.... View More

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Florida on
Q: I got a final order or stipulated final order on code compliance in Hollywood- I did not get notice - tenant retaliation

It says I have thirty days to appeal- July 19,2023-- 30 days - I got no notice and I believe that my tenant altered my condo and then in anger reported code violations to Code Complaince--

It seems I need to file an appeal by August 18-- The violations were done by tenant who left... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 18, 2023

It depends on what section of the city code applies. For some appeals of this nature, there would be an "up-the-ladder" process within the city administration. For some other appeals, you must instead file an appeal or a petition in the Circuit Court, which is more technically complex... View More

2 Answers | Asked in Gov & Administrative Law, Military Law and Criminal Law for Florida on
Q: I was never convicted in an Administrative Hearing in 2002 USMC, but my CO recommended Discharge anyway.

I received an Honorable Discharge. When applying for a job, the arrest record of 2002/2003 shows. Can I get that arrest record expunged? If so what are the steps?

James L. Arrasmith
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answered on Sep 11, 2023

The process of expunging an arrest record can vary significantly based on jurisdiction, the nature of the offenses involved, and other factors.

In general, to pursue expungement, you would likely want to take the following steps:

Review your Eligibility: Different jurisdictions have...
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2 Answers | Asked in Estate Planning, Elder Law and Gov & Administrative Law for Florida on
Q: Can I be a professional POA

I live in an area that is majority elderly. Elder abuse has become a huge problem and I know several people that have a hard time managing their money. I would like to offer POA services for things like managing bank accounts, paying bills, etc. Am I able to do that without being a lawyer? Am I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 17, 2023

A person who has been given a power of attorney by another person is called an "attorney in fact". You don't have to be licensed to practice law, to be an attorney in fact, but be sure you don't engage in the practice of law or perform public accounting, because you have to be... View More

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Gov & Administrative Law for Florida on
Q: Opening pedestrian path to motorized traffic/changing dead end street - Neighborhood Property Value Loss

Our street in a protected historic district currently is a dead end with 10 households on it. At the end of the street is a small footpath that allows pedestrians to walk over to another street, so some of those properties currently have zero motor traffic.

A developer has bought a property... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 9, 2023

You hire an attorney who does this sort of work, not just real-estate. This is not anywhere close to a DIY project. This is complex litigation with lots of moving parts,.and if you want any chance of succeeding, you will have to hire top talent at a price.

1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for Florida on
Q: City Official - Ok to write recommendations under name of town A using position of town B?

Is it legal for a City Official working for 2 different neighboring towns in different positions, to a write an official recommendation/inspection in the name of Town A using his job title of Town B? With the official header head and seal of City A he does not currently hold said position in and... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 26, 2023

Your inquiry begs the question of, why is it a problem for you? The answer to your inquiry probably depends on whether Town A officially permits him to do that.

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