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Florida Questions & Answers
1 Answer | Asked in Copyright for Florida on
Q: Do I need permission to publish photos of the exterior of a business in a book of then and now photos

I am publishing a book of then and now photos. The "then" photos are public domain and some of the "now" photos contain the exteriors of a business shot from the street. Do I need permission from the business to publish the photo?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on May 15, 2022

You do not need permission from the business to take a photo from a publicly accessible location, and as the photographer you will own copyright in the photo with the right to publish it.

1 Answer | Asked in Employment Law for Florida on
Q: Should I get paid from the moment a phone call comes in for work to the moment my tasks are done???

I work from home on weekends an my job takes phone calls to find services techs to fix properties for businesses. Should I get paid every minute I am focusing on my job? As in waiting for techs to call me back , searching for techs online? I feel every moment I have attention to my job I should b... Read more »

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

Unless your employer agrees to pay you for every moment you are lollygagging while waiting for the telephone to ring you are stuck with the employment deal you made when hired.

0 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer ask if you have any diseases or illnesses after a job offer?

I was just offered a part time job as a nurse practitioner at a clinic that I really wanted to work at. The first interview I was offered a job and a small $500 bonus. On the second meeting I was supposed to sign the papers but he added in a non compete clause and another thing and then practice... Read more »

1 Answer | Asked in Civil Rights and Medical Malpractice for Florida on
Q: A psychologist released psychotherapy notes without consent.

A psychologist released detailed psychotherapy notes without my consent. He disregarded HIPPA. I feel completely violated. This occurred 5/10/22. Numerous employees throughout the large healthcare system now have access to these deeply personal notes. How do I proceed?

Charles M.  Baron
Charles M. Baron answered on May 14, 2022

You have a potential court claim for invasion of privacy, and maybe a malpractice claim. With either, there should first be notice of claim and request for disclosure of liability insurance coverage (prelitigation notice being required for malpractice, and optional, but wise, for invasion of... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Under statute 472.029 If a surveyor goes onto property that he is not surveying to gain access to a existing monument

when he has access to that location by staying on the property he is authorized to survey and then he is ask to leave that property under FS810.09b. Is he trespassing if it was not NECESSARY for him to be on property of others to get to the monument? If not how does 472.029 supersede 810.09b

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

The word "necessary" is the key. For example, depending on the circumstances, it might be possible to access the monument without going over the property of others, but if the alternative route is much more difficult, it would probably be "necessary" to cross property of others.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer ask about medical issues after job offer?

I was just offered a job as a new nurse practitioner. During the first interview he offered me a $500 bonus in a part time position at a clinic I really like. He requested a meeting to give me the bonus check and to sign the contract, but he threw down two additional stipulations (non- compete... Read more »

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

Nothing this prospective employer did is unlawful. You are a nurse, so it is very important for the employer to know about YOUR health.

1 Answer | Asked in Uncategorized for Florida on
Q: When a couple live in resident as a couple sharing finances get made when things don't work

Is that legal for him to do just to get back at me for Not staying after moving in an agreeing to be his girl friend so now desputing charges he paid for me an now he trying to screw me over

Terrence H Thorgaard
Terrence H Thorgaard answered on May 14, 2022

If you are trying to ask a question about, when you move in together and things don't work out, whether you can sue for breach of contract; the answer is no. Had you been married, on the other hand, you would very well have a number of options.

0 Answers | Asked in Criminal Law for Florida on
Q: I have a friend that lives in Jacksonville, Fl and has been called by a supervisor. Could he be violated

He has not done anything for him to be violated and he was told that he needed to come in to change out his equipment

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Rent application fee not refunded after a misleading listing. What are my options?

I recently moved to the US on a non-immigrant work VISA. Before moving, I was evaluating apts to rent and found this agency that had an apartment (~$2000 rent) which seemed good for me.

I went through the application process on their official website. Paid around $600 in application fee +... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 13, 2022

So, they have acknowledged that they owe you the money; that is good. It is only a matter of getting the check to you. It appears to have been lost in the mail; that happens. Ask them to write you a new check and stop payment on the old one. Or consider picking it up at their office.

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1 Answer | Asked in Business Law for Florida on
Q: If I am a tenant in a plaza and want to rent out two of the rooms inside my business am I legally able to do so?
Phillip William Gunthert
Phillip William Gunthert answered on May 13, 2022

You better review your commercial lease agreement that you signed and were provided with, it is doubtful that this would be allowed in normal circumstances for a variety of reasons. You need to get a copy of the lease and read through it, and or get the help of a business attorney to review it with... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If I paid the tenant the reminder of the lease to buy them out can they still reject the offer?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2022

Copy your original question and these conversations and paste to an email and send them to me at

bammab1@gmail.com

1 Answer | Asked in Landlord - Tenant for Florida on
Q: As far as buying the tenant out would that be the remainder of the months owed x the rent or a negotiated amount/offer?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2022

Whatever the tenant accepts, up to the max.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am looking to sell my condo but currently a tenant resides on the property on a lease until Jan. 23 any loopholes?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2022

No. Whoever you sell the condo to will have to allow the current tenant(s) to finish out the lease--unless you or the new owner get together and buy the tenant out.

FYI: Many tenants are not married to the place they rent and will consider reasonable offers to give them the money they need...
Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Where is the application for a director seeking reimbursement of expenses?,
Terrence H Thorgaard
Terrence H Thorgaard answered on May 13, 2022

Not every problem people encounter has an official form by which they may seek a remedy. If you are the director of a corporation seeking such reimbursement, begin by writing a coherent letter to the treasurer, CEO, board of directors, etc. If this doesn't work, ask an attorney what to do next.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Power of attorney over a minor child

If the parent who has the child in their custody realizes that they can no longer financially support her can I sign power of attorney over to the man who has been in her life the last 10 years and she knows as step dad or will she have to go to her biological father even though she does not want... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 13, 2022

It's worth a try. It's always possible that the biological father will ask that he be awarded custody, but that remains to be seen, doesn't it?

0 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Power of attorney over a minor child

If the parent who has the child in their custody realizes that they can no longer financially support her can I sign power of attorney over to the man who has been in her life the last 10 years and she knows as step dad or will she have to go to her biological father even though she does not want... Read more »

0 Answers | Asked in Child Custody and Family Law for Florida on
Q: If a child who has been removed or is in the process of being removed from the home that she is in and absolutely

Refuses to live with the other parent what happens to the child

1 Answer | Asked in Probate for Florida on
Q: Can I sell a house in Florida before or during probate ?
Phillip William Gunthert
Phillip William Gunthert answered on May 12, 2022

It depends on what the probate court has said and approved, it matters if the property is Homestead or if it is owned and transferred via deed in some other manner. You really will need to speak with a Florida Probate Attorney and determine what steps need to be taken in order to address, transfer... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: There is HOA of rental pool for buyers to sign before sale but I able to get certificate of title via clerk of court.

Will I be mandated to sign the rental pool agreement ? What if I rejected to sign the rental pool agreement and I want to live in the property since I already have ownership by paying the assessment fee as per their association rules. I would like to know my options.

Barbara Billiot Stage
Barbara Billiot Stage answered on May 12, 2022

there are not enough facts in your post to answer your question and you need a lawyer to review the association documents to provide you with a proper answer. If you are going to buy or sell real estate you need a lawyer to review these before you make a decision you might be stuck with. The fact... Read more »

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