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Florida Constitutional Law Questions & Answers
3 Answers | Asked in Contracts, Personal Injury and Constitutional Law for Florida on
Q: Can HOA's create rules in their bylaws that circumvent state laws they operate within.

I live in Florida and the state law identifies what common areas are, but the HOA bylaws say the board has broad discretion with respect to what common areas are and the HOA has used this broad discretion to bill only certain homeowners for cost to maintain common area's deeded to the hoa.... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 3, 2022

The common areas are designated by the plat of the community and the Declaration of Covenants, Conditions and Restrictions. The board has discretion on how to spend HOA funds to maintain common areas. I am not sure what you mean by the last part of your statement "have used the bill only... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Products Liability for Florida on
Q: What are the legal limitations when it comes to damages done to a home during a search by the police?

My rental property was destroyed to the point that the house is now unlivable. They broke every window in the house, tore all doors off and damaged the structure. Broke beams

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 27, 2021

Since you are renting you do not own the premises, so report all of this to your landlord or their agent.

1 Answer | Asked in Constitutional Law for Florida on
Q: Does the Guarantee Clause provide for Congress to make efforts to protect the US Capitol Bldg (re: Jan 6, 2021 events).

Should Rep. Pelosi and Sen. Charles Schumer agreed to having the National Guard called in when suggested in order protect against domestic violence? Does this Article apply to D.C. as well as states? Thank you.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 23, 2021

No, Article 4, Section 4 of the U.S. Constitution doesn't guarantee a "Republican Form of Government" to the District of Columbia, or otherwise apply.

2 Answers | Asked in Family Law, Personal Injury, Constitutional Law and Health Care Law for Florida on
Q: I just found out last night from my 9 year old that her older sister and niece have the Corona virus and she was expose

He hid it from me so I wouldn't know what legal action can I take

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 13, 2021

Until you know whether she actually has it there isn't much you can do. And after, you can take him to court for violating parental responsibility.

Good luck!

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2 Answers | Asked in Estate Planning, Constitutional Law and Probate for Florida on
Q: Is there any possible scenario that would allow for second cousins to inherit under intestate succession?

If a Decedent died intestate and was never married, had no kids, no surviving parents or grandparents and no surviving aunts/uncles, or issue thereof, is there any possible scenario that would allow for the next of kin collateral heirs (being descendants of great-grandparents, ie. second cousins)... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Oct 26, 2021

Yes, it is possible. The State rarely gets assets to an estate. One thing that would be done in a probate with only distant and remote heirs would be the affidavit of heirs. If an intestate decedent has no living spouse, children, parents, or siblings, intestacy laws provide mechanisms to determine... Read more »

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1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: I’m a victim of remote neural monitoring. What should I do? Who should I contact?
Charles M.  Baron
Charles M. Baron answered on Oct 16, 2021

That's an Interesting question; I never heard of remote neural monitoring, so I just googled the phrase, "remote neural monitoring court cases". That turns up a number of court decisions which uniformly reject all such claims. The Courts dismiss such claims based on reasons such... Read more »

1 Answer | Asked in Constitutional Law for Florida on
Q: Order Probable Cause Determination Action_F.R.C.P. 3.131(a) CAN JUDGE LEAVE BLANK after setting bond?
Michael  Mayoral
Michael Mayoral answered on Oct 14, 2021

Generally speaking, a judge determines probable cause at a hearing and verbally announces their finding. Many times, certain things are erroneously left blank on certain forms and documents. The short answer is that, generally speaking, failing to write something on a certain box on a form or order... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Caso Víctima de una falsa detención, discriminad acceso a la justicia le fue arrebatada una orden injunction a su favor.

Case Victim of a false arrest, discriminated against access to justice since a protection order was snatched from her with false reports by the Police, later sentenced "Not just cause"

4 months later he was arrested for the same charge but with reports of aggressions that did not... Read more »

Henry George Ferro
Henry George Ferro answered on Oct 6, 2021

My only suggestion is for you to meet with a lawyer and discuss possible options…I will warn you that you might have to pay for consultation and review of your file.

1 Answer | Asked in Real Estate Law and Constitutional Law for Florida on
Q: Can my son live with me at a 55+ community if I am recently mentally disabled.

I have been diagnosed with bipolar, anxiety, depression, PTSD,plus some physical disabillitys.My son moved here I own my trailer but pay a lot rent they said he can't live here he is 33 I want to move in a year they say he can't stay,is there anyway he can stay to help me?

Charles M.  Baron
Charles M. Baron answered on Sep 12, 2021

Consult a lawyer in your area handling elder law issues. Search for lawyer by either clicking on the Find a Lawyer tab on the top of the Justia web page or contact the Florida Bar Lawyer Referral Service, which will refer you to a lawyer with a low consultation fee - see https://lrs.floridabar.org... Read more »

3 Answers | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Did my landlord violate my privacy?

So, I know I'm in the wrong too, but I need to see the best way to go about this. I have outside cats and just move where the landlord doesn't want animals, but they are outside cats. For my own reasons, I didn't mention it and just need a week or so for them to get use to their new... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 2, 2021

Sorry, but you probably violated your lease (which we cannot review here online), requested service and now are upset the landlord found out you have cats in his house. It is logical to check each AC vent when there is a complaint the AC is not working properly. A landlord in Florida has the... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: can I sue a jail, or correction facility for wrongly and overly placing someone I know in the box for more than 9 months

He was first being taunted by white officers that I know the name of, making racial slurs and saying things like "my knee isn't on your neck, you can breathe. giving him 6 DRS in a row at once for no reason, and when he tried to fight it himself in the jail. he wasn't let out to do... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 5, 2021

You don’t have a cause of action.

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: How can I sue a nightclub that has been causing loud noise from bass every night? Police have done nothing, no peace.

Police have been called for the past year along with code enforcement. They have been fined, have attracted 2 documented gunfire incidents. Loud noise from their bass, public fights after club closes. Police have done nothing to shut them down. I no longer have peace, I have lost my job because I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 16, 2021

You might be able to sue them civilly to abate the public nuisance.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for Florida on
Q: I have a car that my friend had used her driver license in North Carolina to get me a car I just put the money up front.

She’s being nasty and wants the car back. I moved too Florida with family and I don’t have a way to get back down here if I go up there and the car is titled and registered too her and she just won’t come and get her car so if I hypothetically got towed for parking could it or she come after... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

Sounds like you trusted the wrong person. The car is legally hers. If it was purchased in North Carolina, and you then drove it to Fla., you are at risk of her reporting it stolen, and you getting arrested for theft. You should immediately confirm with her, IN WRITING, the "deal" you... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: My county has religious freedom exemptions from mask mandates. Is it a civil rights violation to refuse service?

In my county, there is a religious freedom exemption from county wide mask mandates. After plainly stating my religious exemption from the mask mandate, would this qualify as a title II civil rights act violation for denial of service, when I have not violated any laws, and am being denied access... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 21, 2020

If you're talking about Miami-Dade County, it apparently has no general religious exemption to the mask mandate. There is an exemption for being at or inside a religious institution, but not a religious exemption for other locations. See -... Read more »

1 Answer | Asked in Constitutional Law for Florida on
Q: Why bill of rights does not protect truckers who are unreasonable stopped and searched any time,any where by police?
Charles M.  Baron
Charles M. Baron answered on Dec 21, 2020

It does protect them, and police CANNOT lawfully stop and search trucks any time, any place, for no reason whatsoever. There are certain locations, such as ports and border crossings, where you are warned that by entering, you consent to a search. At such locations, laws/regulations apply to... Read more »

1 Answer | Asked in Constitutional Law, Elder Law and Government Contracts for Florida on
Q: Can public housing move me to a handicap apartment and I'm not handicap?
Charles M.  Baron
Charles M. Baron answered on Nov 19, 2020

You have not specified why that would be harmful to you. I would imagine that an apartment for the handicapped would have more benefits than a regular apartment, not less (for example, a larger bathroom and being on the ground floor), but I have no familiarity with it. You also have not specified... Read more »

1 Answer | Asked in Constitutional Law for Florida on
Q: Why is it that the US Senate is confirming Supreme Court Justices with a simple majority when Article II, Section 2,

Paragraph 2 says 2/3 majority is required

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 12, 2020

No, the "provided two thirds of the Senators present concur" language pertains only to ratification of treaties.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Florida on
Q: "Can you post bail again if charge was added pertaining to the same case"

In the state of Florida

Henry George Ferro
Henry George Ferro answered on Aug 13, 2020

You should unless the judge has changed bond conditions that make bond impossible

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Florida on
Q: Can a judge go and talk to the jury during deliberation without his black robe on.

I ask why is court reporter way on the other side of the room and not taking notes. To record our meeting we had in the middle of the court room, During deliberation. It was me my pd state atty an the judge. No court reporter. Before trial started my pd and me had a meeting in attys booth.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 9, 2020

Yes, the judge can talk to the jury without wearing the robe. The robe is just cosmetic.

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