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Florida Communications Law Questions & Answers
1 Answer | Asked in Communications Law for Florida on
Q: Is it illegal in Flordia to record a conversation with someone without their consent?
William Jaksa
William Jaksa answered on Jun 28, 2019

In Florida, you need two-party consent to record a conversation. Meaning that everyone involved in the conversation must consent to the recording.

1 Answer | Asked in Communications Law for Florida on
Q: My attorney and I (excutor) met and I received 3 checks for 3 TRUSTFUNDS is his fiduciary duties done?

I pointed out a mistake made on TF checks. I gave them back. The Attorney was going to make corrections. Told me to pick them up the following day this was a year ago. I still as of today received the TFs Monies. Once check were wrote did this end attorney's fiduciary duties?

He has now... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 27, 2019

Obviously the attorney's duties (as trustee, I assume) are not done, at least until the checks are properly written, accepted, and deposited. It looks like the attorney wants to meet with you about this, which also indicates that the matter is not over.

1 Answer | Asked in Employment Law, Communications Law and Employment Discrimination for Florida on
Q: I applied for a job that required me to be 21 at the age of 20. The staff knew but once I turned 21 I got fired. Legal?

I applied to be an amazon driver, the application asked if I was 21, my birthday was in a couple weeks so I said yes. I was hired on Nov 30th. They verified my ID and I still moved forward with the hiring process. I told the managers that I wasnt 21 but I would be in two weeks and they allowed me... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 21, 2018

In general, most employment is "at will". This means that an employer doesn't need a reason to fire someone. So yes, they can terminate you even under the questionable circumstances you describe.

2 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Communications Law for Florida on
Q: Do we have a suit against Carrington mortgage?Plz read details. Thank you

After making all timely payments on our mortgage that was sold from Bank of America to Carrington in February of 2018. they State we owe June and July of 2018 even though we have proof that we sent the checks & they were cashed by Carrington. On Friday July 19th 2018 we received a foreclosure... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jul 25, 2018

I don't think you need counsel yet - as you have not given the lender time to digest the information they probably just received yesterday or maybe not even until today.

But - if Carrington proceeds to foreclosure then you must seek counsel immediately. In the meantime you can ask for an...
Read more »

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1 Answer | Asked in Communications Law for Florida on
Q: Can a member of the community management company that oversees my community block my emails?
Alex McClure
Alex McClure answered on Jun 29, 2018

How would this person possibly do this?

If you are an employee and they are an employer, that would be different.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation, Communications Law and Copyright for Florida on
Q: I am using Social Media to collect stories for a non profit book. Which releases do i need?

It is on Facebook. Closed group and everyone knows its for a book. Everyone is deciding the Everything, title,layout,design where money goes, i mean everything and they all are active with plenty of comments .

They will all have the title of authors and so noted in the book.

I know... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Feb 13, 2018

You need to use the find a lawyer feature to locate a copy right attorney and consult with one on his topic. This is a specialized area of law and not something to take lightly. Get specific legal advice on this one.

1 Answer | Asked in Business Law, Communications Law and Real Estate Law for Florida on
Q: Board of directors wants amendment to rules/Reg’s prohibiting a shareholder from delivering an opinion to homes.

Rock Mail is putting a flyer or document under a rock that sits on the steps to the individual shareholders house. Rock mail has been used traditionally in our village for announcing events by various groups within the village. However, over the past few years I have been using rock mail to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2018

Such a rule would probably withstand a court challenge, but I find it difficult to imagine that the HOA would bother going to court over such a trivial issue.

1 Answer | Asked in Contracts, Copyright, Communications Law and Intellectual Property for Florida on
Q: Did I break the terms of my iOS iphone EULA? Did I break copyright law?

In the recent past I have taken a picture (using my iphone camera) and also a video of a professional photo that I had made at a photo studio. I either uploaded this to my facebook messenger story or sent it via iMessage/text or facebook messenger to friends that I wanted to see it. I have also... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 21, 2017

Did your phone company tell you that you had violated their EULA? If not, I don't think you have to worry about it.

1 Answer | Asked in Civil Litigation, Communications Law and Criminal Law for Florida on
Q: Can a 3rd party eavesdrop (but not record) on the telephone conversation without the consent of both parties in Florida?

"Eavesdropping is secretly listening to the private conversation of others without their consent." In Florida I read "Florida's wiretapping law is a "two-party consent" law. Florida makes it a crime to intercept or record a "wire, oral, or electronic communication" in Florida, unless all parties to... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Oct 7, 2016

It' not eavesdropping if it is on speaker for a business purpose. You are speaking with the university, as in the people are all employees of that same entity. You also work for them so technically you are all the same legal party and likely would not have a cause of action. It would be... Read more »

1 Answer | Asked in Communications Law, Internet Law, Family Law and Child Custody for Florida on
Q: My ex will no longer accept emails for our regular ongoing communication about the children. He insists on texts only.

We live in Florida. We have been divorced for 6 years. We have always used email. Two months ago, I started getting responses to my emails saying that he longer accepts emails and to text instead. Do I have to comply? (I think that he simply does not want his email rants on the record.)

Sabina Tomshinsky
Sabina Tomshinsky answered on Aug 2, 2016

I suggest that you refer to the provisions of your parenting plan and/or final judgment that pertain to communication between the parents on the default communication methods. If both email and text were checked, typically email is used for long/substantive messages and texts are used for short... Read more »

2 Answers | Asked in Communications Law, Employment Law, Gov & Administrative Law and Public Benefits for Florida on
Q: Am I permitted legally to delete web content & pics I voluntarily created for a nonprofit I no longer affiliate with?

I worked for 2 years completely uncompensated for a nonprofit organization that I no longer wish to be associated with. While volunteering I created a website and social media page that I managed. I now want to know if I'm permitted by law to delete the content on these pages that I created... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 6, 2015

How was the web content copyrighted? If it belongs to the nonprofit, then it is theirs. I suggest that in order to avoid any problems in the future you just hand it over to the director.

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2 Answers | Asked in Communications Law for Florida on
Q: Recording conversation in my private home Florida?

I having an issue with my ex-girlfriend that does not leave the house and all the time harassing me, insulting me. And the problem is that she tells everyone that I’m the one doing it making me the bad in the movie.

Now, Can I record our conversation in my own home for my own protection?... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Sep 1, 2015

Before you record someone in your own home, I believe that you must inform them that you are recording. It might be a third degree felony if you do not. In order to answer your question with a solid opinion letter, I would have to do a mountain of research on this particular topic, as almost any... Read more »

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1 Answer | Asked in Communications Law and Intellectual Property for Florida on
Q: Am I infringing on any copyright?

I am thinking about becoming a controversial topics commentator on YouTube and my desired Display name is "HokageAshKetchup" A parody mash up of two of my childhood favourite television shows. If I was to create the YouTube channel and monetize (Gain ad revenue from viewers) and market some... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Aug 27, 2015

You have to explain this a bit more so that I can understand what you are doing and what you are asking. It seems to me that this is your creation, no one else's. Why even tell someone how you arrived at the name? It makes no sense to me.

1 Answer | Asked in Communications Law for Florida on
Q: Buying house from owner signed legal papers from office max now her brother wants full amount or im out can he do that
Robert Jason De Groot
Robert Jason De Groot answered on Aug 7, 2015

You have not given enough facts for a meaningful answer other than to say that you needed to go see an attorney about this when you asked, nearly three years ago.

1 Answer | Asked in Communications Law for Florida on
Q: I am being harassed by my child's father. He usually do it threw text message. He is on probation what can I do
Robert Jason De Groot
Robert Jason De Groot answered on Aug 5, 2015

What you can do is go see an attorney to verify that it is actually harassment and has no legitimate purpose. Ask the attorney whether you can file a repeat violence petition.

1 Answer | Asked in Communications Law for Florida on
Q: I have been served a pre-warning letter of defamation. It contains lies. What do I do?
Robert Jason De Groot
Robert Jason De Groot answered on Aug 5, 2015

Consult with an attorney about this.

1 Answer | Asked in Communications Law for Florida on
Q: What does service by publication mean?
Robert Jason De Groot
Robert Jason De Groot answered on Aug 5, 2015

It depends upon the context. It usually refers to not being able to find the defendant in a civil case, and being required to publish in a local newspaper.

1 Answer | Asked in Communications Law for Florida on
Q: My ex-wife paid a private investigator to access my email accounts. Did she violate my privacy and what are my options?

She's actually boasted several times about how she got emails and the information of my contacts and me while reading the information gained from my accounts to me over the phone.

Robert Jason De Groot
Robert Jason De Groot answered on Apr 13, 2015

You need to consult with a local family attorney about these problems.

1 Answer | Asked in Communications Law for Florida on
Q: Is it illegal to use a search engine to find a volunteer sign up url before the company publicly announces it.
Robert Jason De Groot
Robert Jason De Groot answered on Jan 12, 2015

I do not understand this question. Why do you think it is illegal to search for something which is there and searchable?

1 Answer | Asked in Communications Law for Florida on
Q: Can a coworker tape a conversation that she is not a part of? She went to lunch and left her phone on recording

She left her iPhone on recording a private conversation at work while she was at lunch

Robert Jason De Groot
Robert Jason De Groot answered on Dec 29, 2014

No, this might even be considered a crime.

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