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Florida Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Florida on
Q: We moved to Florida based on the Florida DBPR information on their website and the Occupational Freedom and Opportunity.

The Occupational Freedom and Opportunity act state that it endorses all current and active cosmetology licenses. Now we are being told that they no longer accept Connecticut (As of a few months ago). We have checked everywhere and there was no public announcement or amendments made to the... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 25, 2022

I've never heard of this issue, so just looked up some things up online that may help you. I do NOT vouch for the accuracy of these sites, but they may be good places to start your research and to find knowledgeable people to contact.

The American Safety Council, based in Orlando,...
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1 Answer | Asked in Real Estate Law and Civil Rights for Florida on
Q: Is a solar security camera considered a "renewable energy device"

I live in florida. Title XI Chapter 163 covers solar devices. It states "renewable energy devices" in the chapter and how an HOA cannot restrict their use. I have solar security cameras. They are a renewable energy device and I want to know if they are covered by this Florida law.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 21, 2022

More facts are needed. Does the HOA have a restriction against security cameras in its Declaration of Covenants, Conditions and Restrictions? If it does not then they cannot restrict your solar powered devices. I have yet to see Declarations that prohibit security cameras. The HOA may try to... Read more »

1 Answer | Asked in Family Law and Civil Rights for Florida on
Q: Im sueing a district county how do i serve the lawsuit against a county in a state

Im suing an administrative judge and the county he works, for deprivation of my rights under the color of law, I need to serve a warning of rights violation and a letter of intent to sue to the county but I dont know who in the county i need to have served the summons once I file the lawsuit where... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 16, 2022

You should retain counsel to review your case before you actually file it. Judicial officers and prosecutors have immunity from suit with very rare exceptions.

1 Answer | Asked in Civil Rights and Health Care Law for Florida on
Q: Hello, I am a 24 year old Florida Resident. My questions relates to a concealed weapon permit and purchase of firearms.

I have no criminal history or even traffic citations. I was however Baker Acted when I was 17 for suicidal ideation. I was not handcuffed and there was no police report. I wanted to know if this baker act would show up when applying for a concealed weapons permit or gun purchase (since I was a... Read more »

Stephen K. Brooks
Stephen K. Brooks
answered on Sep 12, 2022

Most likely the answer is yes, it will show up.

License to carry concealed weapon or firearm:

(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section....
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1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Rights for Florida on
Q: Can defac take a newborn without notifying you parents?
Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2022

Your question is too vague. I suggest you re-post with short description of what caused a newborn to be taken. And by "defac", do you mean DCF (Dept. of Children and Families)? And by "notifying you parents", do you mean notifying the parents of the child being taken away?

2 Answers | Asked in Civil Rights, Domestic Violence, Elder Law and Identity Theft for Florida on
Q: My brother robbed us for avrything we own my mother and I are blind and we had to run for our life's the police won't he

The police say its a civil matter he robbed us with a fraudulent POA for over two hundred and fourty four thousand dollars worth of money property and assets

Charles M.  Baron
Charles M. Baron
answered on Sep 6, 2022

You did not ask a question. Re-post to state what you wish to find out or what kind of help you are seeking. Also, we see our on end says, "Orland, CA asked ... in Civil Rights, Domestic Violence, Elder Law and Identity Theft for Florida." State where the events occurred, as it's... Read more »

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1 Answer | Asked in Civil Rights, Communications Law and Libel & Slander for Florida on
Q: Can a husband legally direct me not to talk to his wife? I have in no way threatened her, sworn at her, or humiliated.

I confronted this woman's friend about her issue with my child. She has been talking about my son for quite some time now, and it needed to be addressed. I walked up the driveway of her best friend, when I saw her there. I walked up to her, and told her "I am disappointed in you". I... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 5, 2022

If the lady voluntarily, without duress, desires to communicate with you and does so, no, the husband cannot prevent that communication by any legal means. (Does he think we live in Afghanistan?) However, you'll want to avoid a situation where the wife "flips" on you and claims you... Read 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... Read 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,... Read more »

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1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: If someone I knew had a small misdemeanor charge,did their time (3 months) and had one year probation allowed move state

Their probation officer declined them to move states, after they asked them if they could leave and switch the classes over to the other state and was willing to pay everything off way faster.. they were homeless and had no help. But in the other state they had my family to help get them back on... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 19, 2022

To seek help on this issue, your significant other must schedule a consultation with an attorney handling criminal cases in the geographic area of the Court where the case was filed. Since the probation officer denied the relief sought, relief must be sought from the Court, which may or may not be... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: What can I submit to the judge in order to get my court costs and other expenses back after winning a civil matter?

My home was taken out of my name illegally and judge granted it be put back in my name. I'm wanting my court costs and other expenses from defendant

Charles M.  Baron
Charles M. Baron
answered on Aug 17, 2022

I am assuming you are in a Fla. State Court, at the Circuit Court level. As with any relief to be sought while a case is pending, file a motion with the Court, then reach out to other side to determine if you can settle the issue, and if you can't, notice it for a hearing. If you can settle... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: I am in a SEC civil lawsuit. One of the investors recorded my phone calls.

Because the phone calls were recorded without my consent the investor then gave the phone recordings to a third party (SEC) to black mail me. The investor does want their money they lost trading. This was not my business it was my father's business and he died. I spoke to a few investors to... Read more »

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

You are deeply involved in a very serious situation that will require you to obtain legal counsel very experienced in securities litigation. Google "securities regulation lawyers in Florida"

1 Answer | Asked in Landlord - Tenant and Civil Rights for Florida on
Q: Hello! How can I have an unauthorized tenant removed?

I am currently living with a 25 year old female in a 2 bedroom apartment in Fort Lauderdale, FL. On the lease is myself, this female, and my mother. Mother doesn’t live with us. Her significant other has been sleeping here for about 2 months straight and she is refusing to have him stay anywhere... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 10, 2022

The first issue is what the lease says, if anything, about how long guests may stay. The second issue is, does the landlord care? If the landlord cares, and the lease is being violated, the landlord may take action. If the lease is being violated, but the landlord doesn't care, you possibly... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Florida on
Q: What can be done if you rent from your significant other family and they force you out, threaten to call police

On 10-15/22 I was forced to leave a mobile home I had been renting from my ex-boyfriends family , I had been at work and returned home to my kids scared and panicking due to the nature of words and actions that had been taking place and I arrived home to me and my kids belongings being thrown out,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2022

Florida Statute 83.67 (6) provides that:

"A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that...
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1 Answer | Asked in Civil Rights for Florida on
Q: pro se litigant, need case law on fs 55,07.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 3, 2022

Florida Statute 55.07 provides that failure to record a judgment doesn't affect its validity. If someone were to search for case law in that statute, he or she would need to know why you want such case law. It's quite possible that there is no case law interpreting that section of... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: I want to file a civil suit for discrimination and abuse of power in Highlands county. Who should I talk to?

I need to talk to a lawyer to review my case.

Charles M.  Baron
Charles M. Baron
answered on Aug 3, 2022

You can start by searching the Justia site for civil rights lawyers, Highlands County. See https://www.justia.com/lawyers/civil-rights/florida/highlands-county - where only one civil rights attorney in that county is listed, but there are also other Central Fla. lawyers listed there who might be... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Florida on
Q: The defendant in my civil case admitted to a federal crime under oath during testimony. What can I do about that?

I filed a civil suit and during the trial after everyone was sworn in the defendant not only admitted to a federal crime but provided proof that he had possession of the counterfeit document, knowing it was a counterfeit document and submitted a photo copy of that document as evidence.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2022

Mere possession of a counterfeit document is not necessarily a crime.

It's not really up to the judge to do anything. You could, if you want, report it to the federal authorities, and see if they want to prosecute.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Is this true about tampering with evidence florida??

drugs out window

Florida case law has made it very clear that when a defendant simply throws potential evidence, such as a bag of drugs, out of the car window during a police stop, the defendant cannot be prosecuted for tampering with evidence.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2022

So, are you asking us or telling us? If you want case law to back up your statement, you probably will need to research it yourself.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Florida on
Q: How does corpus delicti apply in a criminal case if the alleged defendant was unaware of the rule.

There was evidence that existed of an audio confession but no other evidence existed to support crime was committed.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2022

In short, it doesn't. Assuming that the defendant didn't have an attorney, if the defendant failed to raise the objection it has been waived. The judge may have thought that there was sufficient evidence that a crime had been committed.

1 Answer | Asked in Business Formation, Business Law and Civil Rights for Florida on
Q: Can a non-compete keep me from doing anything HVAC related with anyone for a year in Florida?

The paper restricts all HVAC jobs, both as an owner and employee for a 50-mile radius of a territory where he makes the most money. Im scared to sign it. It's an entire year id be unable to work in the industry if I left for any reason.

Keith Kanouse
Keith Kanouse
answered on Jul 21, 2022

The covenant not to compete will probably be enforceable as it appears reasonable in time, scope, duration and protects the legitimate interest of the owner.

1 Answer | Asked in Workers' Compensation and Civil Rights for Florida on
Q: Do I have a workers comp retaliation case. Caucasian workers able to use workers comp without loosing their job.

Wondering if this is a case. I took workers comp and within 2 weeks was let go. I was gas lighted into not taking it when the injury first occurred, then 2 weeks later I wanted to get it checked because the exact pain came back. I found my job listed on indeed before I had my 2nd Apt at the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2022

Florida Statute 440.105 (2) (a), pertaining to workers compensation, provides as follows:

..l.

"... It shall be unlawful for any employer to knowingly:

...

"2. Discharge or refuse to hire an employee or job applicant because the employee or applicant has...
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