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Florida Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for Florida on
Q: UNDER THE CITIZEN UNITED DECISION, US CORPORATIONS HAVE BEEN GRANTED FIRST AMENDMENT RIGHTS, FREEDOM OF SPEECH, RIGHT

TO ASSEMBLE AND SO ON. HOW CAN THIS BE ALLOWED? IF 15% OF OUR CORPORATIONS ARE OWNED BY FOREIGNERS AND THE DOLLAR IS FUNGIBLE, WOULD THIS NOT BE PERMITTING FOREIGNERS TO EFFECT OUR POLITICAL DISCOURSE? THANK RAY

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

Rhetorical question, right?

1 Answer | Asked in Immigration Law and Constitutional Law for Florida on
Q: I need someone to look into my case..please...can u look it up and get back to me ...786 258 0496 or 305 998 1373..immig

I need to know an i come back

Carl Shusterman
Carl Shusterman
answered on May 20, 2018

Need more information in order to assist you.

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Suing my CDD for racial discrimination? 3 Hispanic women are banned from participating in clubhouse games/activities.

3 Hispanic women are banned without due process from attending community ctr's games at Lexington Oaks Subdivision. Our community ctr is public but we've been banned. We pay monthly CDD and HOA fees. No written notice nor reasons given. Illegal voting has taken place to exile us.

Timothy Denison
Timothy Denison
answered on Apr 16, 2018

Possible suit. Unles they have some somelegalbasis or authority permitting the exclusion, it certainly smells like discrimination if no one else is being excluded.

1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for Florida on
Q: can A landlord kick us out of the house if we don’t have anywhere to go with no money. And won’t give back the deposite?

She is selling the house. She agreed to let us stay for this month if we paid her. Now she’s saying we have to leave by the end of the day but our new house isn’t ready yet and we have no where to go.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 28, 2018

Depending on the interval of your rental payments, she has to given you written notice so many days in advance. If the interval is a month, it would be 15 days.

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Identity Theft for Florida on
Q: Need urgent help take legal action in the state of Florida city of Tampa where I have been discriminated based on ADA

I’ve gone through eight months of being the night services in then I 80 a request I asked for assistance for a response things for people like me was not assisted ended up being further abuse with the state nine homeless or something and a mental breakdown because of her injury and says then... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 23, 2018

There is no one that can help you here online. You need to consult with and retain an attorney in the Tampa area. You can use the find a lawyer feature of this site to search for attorneys who handle ADA type claims.

Good luck,

2 Answers | Asked in Consumer Law, Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Florida on
Q: Is it legal to open carry a knife in Florida?

I understand in Georgia you cannot open carry a knife longer than 5 inches. A man talked at a sporting goods store said it is illegal to open carry a knife in Florida, and from my understanding, it is legal.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 23, 2018

There doesn't appear to be a similar provision in Florida law. See

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790ContentsIndex.html&StatuteYear=2017&Title=%2D%3E2017%2D%3EChapter%20790

Florida Statute...
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1 Answer | Asked in Employment Law, Constitutional Law and Employment Discrimination for Florida on
Q: Is it against Respectful Workplace confidentiality if my complaint was sent directly to the person I complained about?

If I file a report within my former workplace and HR doesn't to me in 7 days then only speaks to the other party are my rights violated? I reported a former manager sending me harrassing text messages despite me no longer working there and conditions of management. Later I was told that the... View More

Kevin Sanderson
Kevin Sanderson
answered on Jan 25, 2018

Unfortunately, there is no such thing as "respectful workplace confidentiality." It may be poor form, but there is nothing I can see fro what is here that was illegal.

1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: I received a handgun as a gift, I'm 19 years old and live in Florida. Can I have it in my car?

I'm looking to put it in the glove box or in a lock box. Preferably loaded, magazine in the gun with one in the chamber. I know I can't purchase the weapon or ammunition,but can I possess it? Will I get in trouble for having it? Could I be arrested for having the gun in my car at 19. The... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 19, 2018

Yes, you can possess it and, as I advised you yesterday, you can have it in your car if it is "securely encased or is otherwise not readily accessible for immediate use". If it's in an unlocked glove box, it is arguably readily accessible for immediate use.

Also, as a...
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1 Answer | Asked in Real Estate Law and Constitutional Law for Florida on
Q: can an hoa dictate what i do in my garage
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jan 7, 2018

When you moved in you agreed to abide by the CC&Rs (governing docs) of the HOA. Whatever they say you can or cannot do govern here. If they say you cannot do what you are doing then you have no choice but to stop/ There is no constitutional issue, you agreed to the rules via purchasing a... View More

1 Answer | Asked in Foreclosure, Constitutional Law, Elder Law and Probate for Florida on
Q: Need lawyer to assist me and my.85 year old mother with a conversion claim. Having difficult time locating a lawyer
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jan 2, 2018

You may want to call the police and adult protective services.

Copy and paste the following link to report elder abuse: http://elderaffairs.state.fl.us/doea/report_abuse.php

If its a case against a financial adviser or stock broker, reach out to me.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Can a city police officer seize a foreign drivers license from me?

I went to a gay club in downtown Orlando, where an Orlando Police Officer was handed my Colombian drivers license after I used it to show my age to the bouncer, but claimed it was expired and said he was going to take it. The drivers license is not expired, but I decided to show him my Colombian... View More

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

Go to the police station and demand that the documents be returned to you.

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Florida on
Q: If Hobb's Act Robbery is no longer a crime of violence does ones indictment with the charge still stand?

My husband was charged with two counts of Hobb's Act Robbery according to guidelines Hobb's Act Robbery is no longer a crime of violence, so does the Hobb's Act robbery still stand in his indictment? Can he be left with a Hobb's Act Robbery even though it's not a crime of violence?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 18, 2017

The Hobbs Act is a federal statute dealing with robbery or extortion affecting interstate commerce. It is codified as 18 U.S.C. § 1951. Normally, an amendment to a criminal statute doesn't affect pending prosecutions under that statute. Here is a link to the text of the Hobbs Act:... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: Would it be unconstitutional for a president to issue an executive order interfering with a marriage as a sacrament?

The Hughes Ryan amendment is involved in this matter.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 4, 2017

Hard to say with the limited information you have given us.

I have no idea what the Hughes–Ryan Amendment (which concerns funding of covert operations by military, intelligence, and national security agents) has to do with it.

1 Answer | Asked in Contracts and Constitutional Law for Florida on
Q: Can someone sue me when i have the title in my name with a signed bill of sale.

I bought a motorcycle from a gentlemen over 5 months ago in the state of FL. I have a bill of Sale stating 100$ for the sale, signed by the seller. I titled it in my name over a month ago, and traded the motorcycle in. The seller is saying I still owe him money and is trying to sue me for the... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Oct 20, 2017

Yes. He can sue you. Can he win is the question. Really cannot evaluate the situation without seeing the documents. If the bill of sale says what you paid and you have proof of paying the same then sounds like you should win the case.

Good luck.

2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: How long can I stay on a public sidewalk
Andy Wayne Williamson
Andy Wayne Williamson
answered on Sep 18, 2017

Obviously, there is way more behind this question. Ask again and give a lot more details.

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1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: my friend was shot by accident at a friends house. he survived. the investigators took his car.

they searched the car and found nothing. his sister went to go pick up his car and personal belongings but they did not give back his cell phone. they told her they are keeping it until they download it. they do not have consent nor a warrant to download his phone, is this legal?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 6, 2017

I believe that they will need a search warrant to analyze the phone. I expect that they are in the process of getting one.

1 Answer | Asked in Criminal Law, Constitutional Law and Medical Malpractice for Florida on
Q: Who has jurisdiction to take a complaint against a judge and investigate a violation of due process rights by a judge?

Judge accepted a plea when advised there is a problem with the plea and continue proceedings. A preconceived public defender's opinion in an involuntary intoxication defense leading to temporary Insanity was erroneous.

Peter N. Munsing
Peter N. Munsing
answered on Sep 1, 2017

Your recourse would be an appeal or reopening of the case. Judges are for the most part immune from liability, certainly under your facts. Consult with the Florida Civil Liberties Union or ask for the names of some of their "cooperating attorneys" with regard to sentencing issues.

2 Answers | Asked in Civil Litigation, Criminal Law and Constitutional Law for Florida on
Q: In criminal law, how do we define the term "Probable Cause" ?

Please CAREFULLY READ: Since there is no standard "definition" of probable cause, and various courts define it in different ways, how then does the judiciary effectively and systematically analyze what is or is not probable cause in a neutral and objective way for purposes of statutes... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 26, 2017

The "Justia Ask a Lawyer" is not a sounding board for issues of this nature. You might want to consider writing a law review article instead.

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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: Can a county set up an "employee family member ONLY" disaster shelter and deny access to the public

Post disaster we establish several public General and Special Needs shelters. We are looking to set up a closed shelter to county employees only. Does this violate any current laws?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 15, 2017

If you are a county. You likely have a county attorney on staff. Start by speaking with your hired attorney.

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