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Florida Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Is the state attorney allowed to withhold option to the PTI program?

State Attorney stated if I chose to have my witness show up and provide statement then I would no longer be able allowed to choose the PTI option offered to me. I saw this as unfair because they chose to file charges without looking at my witnesses statement.

Charles M.  Baron
Charles M. Baron
answered on Sep 1, 2022

Your inquiry is a bit vague regarding what you mean by having your "witness show up and provide statement", but I'm guessing you mean "set the case for trial and have my witness testify at trial." It is totally up to the prosecutor what deal to offer you. If they wish,... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Election Law and Gov & Administrative Law for Florida on
Q: Does this mean governor Ron DeSantis committed voter intimidation by using felons who unknowingly voted illegally?

Just days before the primaries, governor DeSantis made sure not to clarify that these voters were felons who thought their rights were restored. I cannot see how this is NOT being considered voter intimidation. If you think that what this man has done was legal, please explain. I appreciate your... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 22, 2022

I looked online for what you are referencing, and I see a story regarding DeSantis announcing that the Fla. Dept. of Law Enforcement arrested 20 people who allegedly voted illegally because their voting rights were not restored, even though they were allowed to register. (See, for example,... View More

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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Florida on
Q: Can I own a rifle in my home by myself at age 19 in Florida? And if I get one from a friend can I get in trouble?

Strictly for self protection in my home.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 19, 2022

Florida Statute 790.065 provides that

"(13) A person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. A...
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1 Answer | Asked in Health Care Law, Gov & Administrative Law and Employment Law for Florida on
Q: Can portable fans be used in food preparation areas
Charles M.  Baron
Charles M. Baron
answered on Jul 4, 2022

This would be a question to ask a government agency overseeing restaurant and grocery store food prep conditions. Inspections are conducted by the Fla. Dept. of Agriculture and Consumer Services, and regulations are imposed by the Fla. Dept. of Business and Professional Regulation. This website... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: I have a biometric appointment but I don't have a license or I'd and my green card is expired will I have problems

My passport is expired too it for the i 90 form

Kevin D. Slattery
Kevin D. Slattery
answered on Jul 3, 2022

In all likelihood they will take your biometrics notwithstanding the expired green card and expired passport. Do bring those photo IDs, however, and any other photo ID you may have, even if not government issued, to prove your identity. Also beginning in January 2021, USCIS began issuing a... View More

1 Answer | Asked in Gov & Administrative Law and Health Care Law for Florida on
Q: Medicaid application took too long to process, now responsible for $1,000 in medical bills for newborn. Can I sue?

I applied for Medicaid coverage for my newborn last month. Because they have taken so long to process the application, I will now be responsible for nearly 1,000 dollars in pediatrician bills. Can I sue the government?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 4, 2022

It is unlikely that you would prevail. The government, the federal government in this case, has probably not waived its sovereign immunity.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Is there a way to challenge a county ordinance in a court, with the hopes to have it repealed or amended?

The county ordinance prohibits homeowners from having on the property in front, in their own driveway an RV (recreational Vehicle)-county classifies just about all towed vehicles RV's (boat, utility trailer...). Seems a little bit of a Govt overreach. Are there any Fl state statutes that... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 2, 2022

County ordinances can be more restrictive than state statutes as long as the two are not in conflict. Most counties have these ordinances because most homeowners do not want to see recreational vehicles and boats parked in their communities. Challenging a law in court is not an easy or cheap... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: I have a question regarding the the 2021 Florida Statutes, section 316.2397(3) pertaining to security vehicles.

Can marked security vehicles drive on public roads with their security light bar on to go from one location to another inside of a community. In other words, from one park to another inside the same community? One of my officers was stopped in the patrol vehicle and told they could not have the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 6, 2022

The sub-section you cite seems to contain your answer. "... Vehicles owned or leased by private security agencies may show or display green and amber lights, with either color being no greater than 50 percent of the lights displayed, while the security personnel are engaged in security duties... View More

3 Answers | Asked in Gov & Administrative Law for Florida on
Q: I own a condo in Florida. Along with my purchase I received 2 deeded parking spots.

Does the BOD have the authority to tell me what I can and cannot park in my spots? Do they have the authority to tow a car out of my deed owned parking spot?

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2022

The BOD can enact reasonable Rules & Regs applicable to the entire complex (but not selectively against you) regarding types of vehicles that are prohibited from parking at the complex. To be legally valid, such Rules & Regs would must be enacted in accordance with all of the notice and... View More

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1 Answer | Asked in Real Estate Law, Collections, Gov & Administrative Law and Municipal Law for Florida on
Q: Can you have a daily accruing fine without notice for five years?

I repaired a city code violation in an apartment I own as I normally would so that I could rerent the apartment, it was air conditioning problem. After five years without any notice and thinking the matter was taken care of, I received a letter from code enforcement saying that my daily accrued... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 16, 2022

I am unable to advise you on this important matter without first being able to see the original notice of code violation that you received from the city five years ago (you can request a copy) and reviewing the specific section of the Code(as it was five years ago) the city is using to try to... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: " Tennessee Code Annotated 50-7-302(b)(3)." what does this mean?

my wife received this as a determination for a reason of why she now has a fraudulent unemployment claim from back in 2010 that we just recently found out about. this happened in knoxville tn.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2022

Maybe you should google "Tennessee Code", or something, and read what the statute says. It's, obviously Tennessee law, not Florida law.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can the HOA and the COA meet together for a "Meet and Greet?"
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 31, 2022

Yes, but they have to provide the respective notice requirements to the membership as determined by the bylaws or the statute. The statute provides for a 48-hour notice. The bylaws could be different.

Q: Can I sue city to recover excessive fines?

I was fined 16k for violating city code on short term rentals. I moved so didn't receive the 1st notice warning and they did not post it at the house as required once returned. I received a notification to appear before special magistrate a few months later. I hadnt rented short term for a... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 1, 2022

Sure anyone can sue anyone else at any time for anything--including this situation.

But I don't recommend trying it without a lawyer.

Whether you have a good claim or not depends on what the code violations were for.

Hire a lawyer to investigate this case and advise you on what to do.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can a Assistant State Attorney file charges on someone from another county, even if that person is not from nor live in

the assistant state attorney COUNTY?...under Florida law

Michael  Mayoral
Michael Mayoral
answered on Oct 29, 2021

Yes, absolutely. A state attorney from a certain county can bring charges against someone from a different county for a crime that occurred in the state attorney’s county. In other words, if a crime occurs in Miami-Dade, but the defendant is from Broward, the Miami-Dade ASA can charge the... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can a assistant state attorney bring charges on someone from another county. State of florida

Do they have limited jurisdiction

Michael  Mayoral
Michael Mayoral
answered on Oct 26, 2021

A state attorney from a certain county can bring charges against someone from a different county for a crime that occurred in the state attorney’s county. In other words, if a crime occurs in Miami-Dade, but the defendant is from Broward, the Miami-Dade ASA can charge the defendant from Broward... View More

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... View 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... View 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... View 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... View 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... View More

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