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Florida Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Can *private* universities in Florida permit firearms possession, storage, concealed carry, etc?

Fla. Stat. § 790.06(12) prohibits CWFL holders from carrying lethal weapons or firearms on "any college or university facility". The statute does not specify whether this applies only to public/community colleges and universities. Does this prohibition also apply to private universities?... View More

Jonathan Blecher
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answered on Feb 8, 2020

A basic principle of statutory construction is if a statute omits something, it’s presumed that the legislature intended to do so. You should assume, therefore, that the plain reading of the statute does apply to ALL colleges or universities.

No college can offer you an exception to your...
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1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Criminal Law for Florida on
Q: Why would a police officer show up at my door at 830pm?

I wasnt home at the moment. I was at work but my husband and 2 children were and when answering a knock on the door at this hour by a police officer asking to speak with me, and if I was in the house at the moment? When my husband informed the officer that I was not home and working until late... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 25, 2020

Your husband already solved the problem; all you need to do is hire a criminal defense lawyer before the police come back-early one morning.

2 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: Florida statute 790.053. Is daytime camping (hiking) covered under the open carry exception

I have been combing through the definitions (790.001) and have not found anything that defines camping as hiking with an overnight stay. I have tried looking into the other state laws for definitions and hints for the better part of a week now (like TITLE XVIII PUBLIC LANDS AND PROPERTY) and have... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 23, 2020

When a term is not defined in a statute, courts and administrative agencies use the ordinary dictionary definition. No, hiking is hiking and camping is camping. Also, read in context, the likely legislative intent of the camping exception is to allow camping hunters to have their long guns out... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: I bought a home in Florida Volusia county both sides of the house was overgrown with dead trees and vines .

My girlfriend and I spoke with the neighbor at least on four different occasions discussing removal of dead growth on property line neighbor said go ahead I'm too old and have not been able to maintain it so we went ahead and cleaned the line out of the dead brush and trees . This took us at... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 23, 2020

What is it you want to know? If they sue you for damages, it will be a matter of your word against theirs. And, of course, they will have to prove that the property was damaged in that amount (normally decreased value of their real property). If it was merely dead trees and vines, it is... View More

1 Answer | Asked in Family Law, Adoption, Civil Rights and Constitutional Law for Florida on
Q: I want to keep my unborn baby out of the system. I have three kids i just had a tpr on... Can i sign baby over to dad?

Im in florida. The father has no criminal history and makes great money and dorsnt do drugs. Cant i just sign the baby over before ots born to avoid it going into the system?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 22, 2020

Since you are not married the best thing to do before the baby is born is to make sure the father agrees to claim the baby is his and have the hospital or doctor put his name on the birth certificate. Then you can start proceedings to turn the child over to their legal father.

1 Answer | Asked in Contracts and Constitutional Law for Florida on
Q: How do you Prove Stand Your Ground case?

Does the police have the final determination in SYG law

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 8, 2019

No, the judge and jury do.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: If a cooperating defendent makes a controlled phone call and the police listen

Police listen and record call without a judges ok can they use it for probable cause to stop , pull me out of my truck,take my keys,bring me 2 cars away, search locked bank bag and safe, then seized my money?

Stephen Shaiken
Stephen Shaiken
answered on Nov 23, 2019

The general rule is that a warrant is required to listen on phone calls, but there are exceptions. One would be if the police utilized an informant to place the call. As for the vehicle stop and search, it's impossible to say whether the police had probable cause, as we don't know what... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Someone has a federal Case open and is visiting someone else’s house can the Police pop up and search that certain house

The person got caught and has been charged for federal trafficking

Gary Kollin
Gary Kollin
answered on Nov 12, 2019

It seems they did

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Securities Law for Florida on
Q: Which legal platform needs to be used : Small Claims, Civil or FINRA for this? Claim can range from $5000 to $50000

I have an account with a brokerage firm and they have wrongfully escheated and sent my money to Department of Financial Services (Escheatment) in Florida. On enquiring, I have learnt that they have failed to follow the Due-diligence as per Florida Statues 732 and 717 and have also violated 17 CFR... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 12, 2019

You cannot sue the State of Florida--or the Florida Department of Financial Services--for punitive damages under any theory of law. Sign the settlement agreement and accept the $100 Florida apparently owes you.

2 Answers | Asked in Constitutional Law and Criminal Law for Florida on
Q: r Question:edit text I was convicted of lewd and lacivious acts when I was 19,ha
Jonathan Blecher
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answered on Nov 5, 2019

This is an incomplete question. Please edit so we can help you.

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1 Answer | Asked in Constitutional Law and Internet Law for Florida on
Q: Can I get into legal trouble for using a picture of my ex and I as a blog header?

Hey! So June of 2018 I posted a blog post about an old relationship I had. As the cover photo I used a picture of my ex and I (prom). I never used his name or etc. I recently was contacted by his wife freaking out about the picture that’s been up for over a year now. Can i legally get in trouble... View More

Enrico Schaefer
Enrico Schaefer
answered on Oct 15, 2019

There is always risk and the devil is in the details. However, there are a couple of issues to consider:

1. Who took the picture? That is the copyright owner. Your use may depend on having the right to use the picture for this purpose. You would likely argue that the photo is subject to...
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1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: If a search warrant was issued for one case. Can that same search warrant be used in a different case.

These are two different defendants. They are not being charged in the same case. The police took evidence in one case and used in another case. There is only one search warrant. The police is using one search warrant for both cases. If this is not possible where in the law can i find this. I am pro... View More

Gary Kollin
Gary Kollin
answered on Oct 12, 2019

Time to get counsel.

1 Answer | Asked in Constitutional Law for Florida on
Q: Is it legal for the cops to take my car even though it was parked in my yard

My boyfriend took my car so I repeated my car stolen yesterday he parked the car with the keys inside back at my house which is the address associated with my car I wasn’t home when the cops arrived to my house they came to my mom house which is 2 houses away from me to tell them my car was... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 19, 2019

It's difficult to understand your question when you use a single run-on sentence; but as I understand it the police towed the car that was packed in the yard and you want to know if that's legal. It would depend upon the local ordinance pertaining to parking. It may be, for example,... View More

1 Answer | Asked in Constitutional Law for Florida on
Q: What happens if the 12th amendment is ever repealed?

Constitution:

If the 12th amendment to the Constitution is ever repealed, would the procedure of electing a president revert to the procedure outlined in Article 2, Clause 2&3?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 18, 2019

It's almost pointless answering such a hypothetical question, but I would guess that such an amendment would probably provide a new process.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Florida on
Q: Can a cop arrest, detain, and or search me if he suspects that I have marijuana on my person without any other offense?

If I'm not driving under the influence or doing anything illegal and an officer suspects I have marijuana on my person, can they search/detain/arrest me?

Gary Kollin
Gary Kollin
answered on Sep 3, 2019

yes

2 Answers | Asked in Constitutional Law and Estate Planning for Florida on
Q: denied homestead b/c trust words don't meet FL statutes. They know I have lived here 40 yrs! FED. Constitutional rights?
Seril L Grossfeld
Seril L Grossfeld
answered on Aug 21, 2019

Amend the trust. If you put your homestead into a trust, a separate entity you need to comply with the law to get the homestead exemption.

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1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Medical Malpractice for Florida on
Q: Can Congress be sued for not holding CDC accountable, writing guidelines, not in their wheelhouse, harming millions?

FDA is in charge of drugs and regulations. Congress stated that CDC had no authority to issue guidelines for pain mgmt, especially how it did so, cherry picked bias members none whom never treated pain patients, had financial conflicts! Congress stated CDC be held accountable, consequences never... View More

Gary Kollin
Gary Kollin
answered on Aug 5, 2019

No

4 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Florida on
Q: Can a person that's found guilty of a crime get the actual perpetrator to testify and free him completely

My son was convicted of a crime his girlfriend did, he was at the scene of the crime. he didn't know it took place and she never told him.a servelience camera shows them at the scene and he got charged with possession of his personal ring which his lawyer was informed was his not from the... View More

Gary Kollin
Gary Kollin
answered on Aug 3, 2019

It is impossible to tell based on the limited facts.

Retain a lawyer

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1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: I’m on disability and I am assigned a prime physician. In that office I am forced to speak Spanish (which is not my pri

They also have poor service as they don’t answer the lines at times. I’ve tried to transfer prime offices but I’m not allowed till September because of my insurance rules.

I have a very disabling condition that requires frequent calls to the doctors office.

The prime doctors... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 3, 2019

No, in my opinion you don't have grounds for a lawsuit against the physician. If I were you I would contact your insurance company, explain the situation, and see if they will waive their rules.

1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can *private* universities in Florida set their own policy regarding firearms possession, storage, concealed carry, etc?

In accordance with Fla. Stat. § 790.06(12), concealed carriers are prohibited from carrying lethal weapons on any college or university facility. The statute does not specify whether private universities/colleges are included and whether they can set their own policy regarding firearms. Can... View More

Malcolm Anthony
Malcolm Anthony
answered on Jun 12, 2019

Generally, private property owners can regulate activity on the premises of their property. Because vehicles are the most common mode of transportation for individuals and the right to carry a firearm in a vehicle while "securely encased," the exception to this general provision (private... View More

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