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Florida Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Can requests be made to obtain video footage of arrest?

In my brother’s police report it states air support obtained video footage. The video footage was uploaded to the Foray system. Can requests be made to obtain the video footage? If so, who can request for it and how? Can police body cam video be obtained? How can we request this? He is currently... Read more »

Michael P Mayoral
Michael P Mayoral answered on Mar 4, 2021

Generally yes, but you have to act quickly. I have done these types of requests quite a bit. You need his lawyer, if he has one, to (1) demand those materials in discovery from the state attorney's office immediately, (2) file a Ch. 119 Sunshine Law public records request for those materials,... Read more »

1 Answer | Asked in Child Support for Florida on
Q: What do I bring to a child support hearing requested by the other parent after the department of Revenue proposed order?

The child is 1 year old. The father signed the birth certificate. I receive food stamp & Medicaid for my daughter. He has only bought a small few items since she has been born.

Rand Scott Lieber
Rand Scott Lieber answered on Mar 4, 2021

Generally the main issue at a child support hearing is proof of your income. You may also want to have a list of any direct payments that you received, if any. If you receive the child support then DOR may still represent you. Contact them directly for guidance.

1 Answer | Asked in Criminal Law for Florida on
Q: Should I file an injunction against my ex?

I am a victim of domestic violence and in January 2019 I filed and received a 1 year injunction. In January of 2020 I then received a 1 year Do Not Contact because my ex violated his pre-trial release by contacting me. The Do Not Contact order ended in January of 2021. Since the domestic battery... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 4, 2021

If he were to attack and kill you, whether or not the injunction were still in place, you will still be just as dead. Such injunctions or protective orders are designed to protect you in the event you have a reasonable fear of violence. If he hasn't contacted or come near you in the past... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: someone is charged with assault/burglary in Florida, they entered a plea bargain and received 7 years prison/8y prob

What typical, if any, appeal can this person present to the court to try to lessen their time?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 4, 2021

If they entered into a plea bargain, normally they would not be able to appeal.

1 Answer | Asked in Probate for Florida on
Q: My mother in law purchased a car for my husband and I. We make the payments. She wants to make sure that God forbid

anything happens to her that we get to keep the car, what do we need to file or do?

Barry W. Kaufman
Barry W. Kaufman answered on Mar 4, 2021

Add you and your husband to the title. Title determines ownership. HOWEVER, You MUST READ THE FINANCE AGREEMENT (assuming that your mom financed the purchase) to make certain that adding you does not violate the agreement. Also, make certain that you and your husband are properly insured with the... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: what do i need to do so that my husband and I can legally raise my best friends baby while her and the dad are in prison
Rand Scott Lieber
Rand Scott Lieber answered on Mar 4, 2021

Both parents need to sign a temporary guardianship agreement designating you as the guardian for the child. Speak to a local family lawyer who can help you with this legal document.

3 Answers | Asked in Estate Planning for Florida on
Q: My girlfriend mother passed away and left a home wit no will, she has not paid the mortgage since October, can she sell

The house if she gets a probate lawyer to change it over to her name and it there a flat fee for this service, or what would she pay, we spoke to a lawyer who’s asking for $700 as a retainer and $4100 once the property is sold

Evelyn Suero
Evelyn Suero answered on Mar 3, 2021

She will likely be able to sell during the probate proceedings. Probate attorney fees vary. You may contact me for more information.

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1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Florida on
Q: what recourse does a FL GC have against a business owner who will not pay final payment of signed contract? CO issued
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 3, 2021

You may have to sue them for the final payment. Or try hiring a very experienced Florida lawyer to send them a strong warning letter first. Usually works if the lawyer is good.

1 Answer | Asked in Child Support for Florida on
Q: Looking to modify an existing child support order that has not been reviewed since 2011.

The father was ordered to carry insurance & pay a set amount biweekly. Since the order was put into place he lost his job due to drug use & eventually completed rehab, now has a new job making a significant amount more than when the original amount was ordered. My husband & I have also... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 3, 2021

Child support is based on each parent's income or ability to earn income if they are not working. If you are able to work as a nurse but choose to stay home the court can impute income to you as if you were working. The imputed income will be used to calculate the child support.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What are tenant rights if landlord refuses to abate rent after termite tenting? 3 nights, 4 days displaced

Landlord/owner has said he’s not obligated to abate rent - however, per statue I see that it says landlord shall abate. Is this accurate?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 3, 2021

You refer, apparently, to Florida Statute 83.51 (2)(a)(1). Assuming this obligation is not "otherwise agreed in writing", and assuming that subsection (4), "The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful... Read more »

2 Answers | Asked in Estate Planning for Florida on
Q: Does the Successor Trustee have to provide an accounting once per year to a beneficiary of a voluntary trust?

The trust in question was set up by my wife who was found to be incompetent by two physicians and replaced by the Successor Trustee. I am a beneficiary of the Trust. The successor Trustee says that she need not provide an accounting unless my wife predeceases me. Is she correct?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 3, 2021

I think that it would depend on if you could make a credible argument that the trust has become irrevocable due to the incapacity of the grantor and thus you are now a qualified beneficiary who has a right to an annual accounting even though the grantor is still living. I would recommend that you... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: Florida-is it legal for board members to amend bylaws/cc&r's to benefit/exclude them selves?

ex: no campers, boats, trailers, storage or for transporting atv type vehicles, no owning atv(type vehicles-4 wheelers, mudders,dirtbikes ect) in park, except by vacant land( only person that owns vacant land is hoa board member, and president owns golf cart whom rides around, lets grand kids... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Mar 3, 2021

Generally, no. Board members should not be amending documents themselves to start with. These documents are contracts and the Florida Supreme Court has indicated in an advisory back in the mid-90s that amendments to these documents require a Florida-licensed attorney and any non-lawyer might be... Read more »

1 Answer | Asked in Child Support for Florida on
Q: Child support order was in PR we all move to Florida 5 years ago

My ex wife,kids and I move more than 5 years ago to Florida, she register the case in Florida and is being enforced by DOR, PR child support is till age 21, Florida 18, she is now requesting a modification of child support and my oldest is almost 19. Do I have to continue paying till the kids are... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 3, 2021

Florida only enforces the original order from PR. If that order says child support until 21 then that is the law of the case. You have to return to court (in FL) to litigate the modification. You should look for a local family lawyer that offers a free consultation to explain or investigate the... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord refuses to abate rent for days displaced due to termite tenting in Florida - condo rental

What are tenant rights if landlord refuses to abate rent per statue?

We had to leave for 3 nights, 4 days total. The property manager said the landlord would not be offering abatement - and I responded with Florida statue that indicated landlord shall abate.

Barry W. Kaufman
Barry W. Kaufman answered on Mar 3, 2021

You didn't ask a question.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: i rent in a group home in deerfield Beach with no lease. I have been there for 15yrs. owner sold the house "as is "

How long do i have legally with the pandemic still among us before i need to vacate? can she make us or force us to move out?thank you

Barry W. Kaufman
Barry W. Kaufman answered on Mar 2, 2021

Probably until the end of March, but the new owner must give you notice. Assuming notice is furnished according to the statute, the answer is yes - you can be forced out, Covid or no covid. It doesn't matter if you've been there 15 years or 15 days. Selling the house "as is" has... Read more »

1 Answer | Asked in Child Support for Florida on
Q: Can a person claim and obtain Child Support in two different Estates for the same child?

My sister divorced in Puerto Rico and the Court settled the amount of money my nephew was going to receive.

Years later she moved to Florida, while visiting the ACCESS office someone told her to open another claim for child support. But my ex-brother in law continues to paid child support... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 2, 2021

There should only be one child support case. He needs to notify both courts about the primary (original) case. Ultimately the cases should be consolidated.

2 Answers | Asked in Civil Litigation for Florida on
Q: I am being sued by a collection company that bought my account from a credit card. What do I need to do to prepare?

The amount is $2400 which is mostly interest and fees.

Charles M.  Baron
Charles M. Baron answered on Mar 2, 2021

That depends on whether you have any defense. If you're not sure if you have any defense, consult an attorney. If you know for certain that you have no defense, contact plaintiff's counsel to make an offer (for example, 50% of the total, payable in installments of $50 a month), and see... Read more »

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I need guidance creating a power of attorney along with other end-of-life affairs with respect to me and my mother.

I need guidance creating a power of attorney along with other end-of-life affairs with respect to me and my mother.

Mom is in her 80's and we first need a power of attorney to be recorded so that I may legally manage all her finances/accounts as well as update her Last Will &... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 2, 2021

Look for a local estate planning attorney that offers a free consultation. These are all good questions that should be discussed and explained verbally.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: renting a property with no lease in Sarasota FL, there’s 5 people with landlord “R” and his mothers name on house.

“R” lives here too.We’ve been having issues with his parents coming and going when they please screaming at us because there’s dishes in the sink or whatnot, we keep this house pretty spotless everyone that comes here compliments how clean it is. They have come with 0 warning to do stuff... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 2, 2021

This is garbage. None of these people have any right to barge in, and R's brother should not have a key or least should not use it unless there is a bona fide, "call 911" type emergency. Of course, you have no lease so its a question of whether you are really renting or just staying... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: can I shut water off (under my name)on tenants after getting a writ if possession ?
Barry W. Kaufman
Barry W. Kaufman answered on Mar 2, 2021

No. Leave the water on until the sheriff escorts them off the property or until they voluntarily vacate.

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