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Florida Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Florida on
Q: Are political flags considered political signs under our association's deed restrictions?

I live in a community with a 617 Association that bans political signs except during elections. A resident is displaying a Trump flag, arguing that the prohibition on "signs" does not apply to flags as there are no definitions provided in the association's documents. The association... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 24, 2025

That's a question for the association's attorney. I have always taken the position that if it has words on it the classification would be it's a sign, similar to a banner. Also, the only flags that are protected under Chapter 720, if you are a mandatory homeowners'... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Florida on
Q: HOA ignoring requests to update owner records and resolve tenant disputes.

I'm experiencing issues with my HOA as they are ignoring my requests to update owner records and tenant dispute resolutions. I've tried communicating with them to update these legal documents, but they haven't responded. I've documented my communications, but the disputes with... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 13, 2025

It depends on what owner records you are trying to update and if you are the owner on the deed. More information is needed to provide you advice. Generally, in the community association industry, family members attempt to update information for elderly parents or other relatives and the HOA and... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: Bond issue between Polk and Hillsborough Counties, FL.

I have an issue regarding a bond between two counties in Florida. An inmate was arrested in Hillsborough County (County B) on a warrant from Polk County (County A) and has been transported to County A. I paid her bond in County B, but County A has rejected the bond, preventing her from proceeding... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Mar 13, 2025

Now that the person has been moved to Polk County this has become a Polk County issue solely. If you have hired a criminal lawyer for this person they will need to file a motion in Polk County to seek to have any conditions of bond amended. To be honest I'm quite surprised to Hillsborough... View More

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1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Florida on
Q: Can Florida HOA use Docusign for revitalization consent forms?

I am part of a Florida HOA that is currently undergoing the revitalization of our expired covenants. Given our previous experience with electronic signatures, the board prefers to use Docusign to obtain homeowner consent for revitalization. Can we legally use Docusign for 1,912 homeowners to sign... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 4, 2025

Revitalization is a very technical process and the HOA should have lawyer who is well versed in the Marketable Record Title Act to review and guide you through the process. It's not really a do-it-yourself project and I have seen associations make major mistakes that even though it did not... View More

2 Answers | Asked in Animal / Dog Law and Gov & Administrative Law for Florida on
Q: Is it lawful for counties in Florida to impose licensing and yearly vaccinations for dogs but not for chickens or livestock?

I recently received a letter from my county stating that my dog license has expired and outlining a $75.00 annual fee because my dog is not spayed, even though I do not breed her. Additionally, the county requires yearly vaccinations and licensing since my vet reported the initial rabies... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 21, 2025

These would be policy decisions by your County Commission and are lawful unless it can be shown they would violate the State and/or Federal Constitutions (and a Court would agree with that argument). If there were to be any constitutional argument (and I'm not saying there is), litigation... View More

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2 Answers | Asked in Animal / Dog Law and Gov & Administrative Law for Florida on
Q: Is it lawful for counties in Florida to impose licensing and yearly vaccinations for dogs but not for chickens or livestock?

I recently received a letter from my county stating that my dog license has expired and outlining a $75.00 annual fee because my dog is not spayed, even though I do not breed her. Additionally, the county requires yearly vaccinations and licensing since my vet reported the initial rabies... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Feb 21, 2025

The short answer is that chickens and other animals that are not mammals do not get rabies. Rabies is almost always transmitted by bites, thus the importance of vaccinating domesticated carnivore mammals (with teeth designed to bite and eat meat) as opposed to herbivores (with teeth designed for... View More

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1 Answer | Asked in Environmental and Gov & Administrative Law for Florida on
Q: Guidance on compliance with artificial habitat laws for spiny lobsters in FL.

I need guidance on compliance with laws related to "artificial habitats" for spiny lobsters in Florida waters. Specifically, I am seeking clarification on what constitutes an "artificial habitat" — does it include any artificial structure in the water from accidental events... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 18, 2025

That's an unusual (and interesting) legal inquiry, and I think most lawyers would need to thoroughly research the applicable statutes and regulations in order to give reliable advice on the matter (as I would need to do). You may want to start by talking to the Florida Fish and Wildlife... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Florida on
Q: Is a verbal command from police legally enforceable without paperwork after a raid in Florida?

After living in my home for 10 years, the police conducted a raid, found nothing against us, and we were not arrested. We were verbally commanded not to return to the house or face arrest, but no legal paperwork was shown at the time. There has been no follow-up communication from law enforcement... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 17, 2025

That's a very strange story. So zero reason was given, not even verbally? In any event, anything like that must be in police report(s), and if it isn't, someone's pulling your leg. Whether you need counsel depends on whether you can solve it yourself by walking into the police... View More

1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Municipal Law for Florida on
Q: I am currently in a lawsuit against the county property appraiser in Florida in the circuit court. My wife and I were jo

I am currently in a lawsuit against the county property appraiser in Florida in the circuit court. My wife and I were joint plaintiffs my name was not on the deed when we filed because of a clerical error. I am on the deed now and it has always been our homesteaded residence. the opposing council... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 9, 2025

It appears that the issue is whether you are entitled to the homestead exemption despite your "not [being] on the deed when [you] filed because of a clerical error". Presumably the depositions were mainly for the purposes of clarifying the nature of that "clerical error". I... View More

1 Answer | Asked in Estate Planning, Elder Law and Gov & Administrative Law for Florida on
Q: Does Medicaid ever approve benefits to people who have no other assets other than land property?

My sister is disabled due to a stroke in 2019 - after which she was in a California skilled nursing facility up until the end of September 2024 when she relocated to Florida. She was covered through Medi-Cal while residing in California. She's not eligible for SSDI - didn't earn enough.... View More

Anwar Elias Hadeed
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answered on Jan 24, 2025

Yes, it may be worth requesting a hearing with Medicaid, as exceptions and strategies exist that could help your sister qualify despite owning land. While Medicaid considers land property as a countable asset, certain options may help, such as:

Exempting the land: If the land is essential...
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2 Answers | Asked in Civil Litigation, Gov & Administrative Law, DUI / DWI and Civil Rights for Florida on
Q: Are you a Florida lawyer I was arrested on a charge of driving while license suspended which the DMV vacated

Before the arrest officer's still arrested me on suspension which was vacated just to do a illegal search

Michael Rubin
Michael Rubin
answered on Jan 8, 2025

if the officer relied in good faith on information provided to him by dispatch, the stop is probably okay, if the DMV information had not caught up, but, if you now have a valid license, the case will likely be dismissed by the State or something similar. The second issue you raise concerning the... View More

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1 Answer | Asked in Insurance Bad Faith and Gov & Administrative Law for Florida on
Q: Insurance underwriter cancelled insurance said sent notice but not received by us mortgage company or agent. Is it legal

We never got any notice the mortgage company never got anything neither did our agent. Now having no insurance it will be much harder to get insurance. Is there any recommendation to get them to reinstate it

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2024

A Florida attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. If you were represented by an attorney in a property transaction, they might know more. Check with the insurance carrier how they provided notice - regular mail, email mail,... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Florida on
Q: My Public Defender LIED about what 'adjudicated' meant to get me to plea guilty. Is there a Statute of limitations?

REVISED. 25 yrs ago I was arrested with a serious charge. My PD was Mad because I wouldn't plea. I Firmly stated I was innocent and only plea, NOT guilty! The Judge's counsel, however, was, 'one never knows how a jury will vote, so if the outcomes bad [jail] perhaps a plea is... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 3, 2024

I'm wondering if you actually had an adjudication of guilt or instead a withhold of adjudication. Both phrases have the word "adjudication" in them, but are completely different. An adjudication of guilt equals a conviction. A withhold of adjudication (often referred to simply as... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Florida on
Q: If a prosecutor is deemed DELINQUENT, PROHIBITED from practicing law, how can they still try a case in front of jury

Florida Bar RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS

(b) Minimum Hourly Continuing Legal Education

Every member must complete a minimum of 30 credit hrs of approved continuing legal education activity every 3yrs

RULE 6-10.5 DELINQUENCY

(a) If a member... View More

James L. Arrasmith
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answered on Jul 21, 2024

If a prosecutor is delinquent and prohibited from practicing law, they are not allowed to try a case in front of a jury. According to the Florida Bar rules, failing to meet the minimum continuing legal education requirements results in delinquency. This status means the prosecutor is no longer in... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Is it Legal in the state of Florida for a 16 year old to open carry a rifle when fishing
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2024

Yes.

Florida Statute 790.25 provides that "(2) ... Notwithstanding ss. 790.01, 790.053, and 790.06, the following persons may own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes if they are not otherwise prohibited from owning or...
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Q: Can Miami dade fire department enforce a law on a bussiness when previous years did not do it without any prior warning?

Hi I own a six 6 bed adult living facility in Miami Florida since 2019.This is a women minority own business. I have been licensed by Agency for Health Care Administration (AHCA ) and every year have been inspected by Miami-Dade Fire Rescue Department. I have been passing all my inspections. This... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2024

Under the facts described, whether you have a valid case depends on the language of any warranty provided to you but probably not.

Contractors are generally required to comply with Code, for example by making sure that the windows comply with size requirements. Suing a contractor,...
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1 Answer | Asked in Civil Rights, Constitutional Law, Military Law and Gov & Administrative Law for Florida on
Q: I am 19 years old and I am in the Florida national guard. Can I buy a handgun

I am a service member under FS 250.01 (19), according to FDACS website I am also allowed “to carry a concealed weapon or concealed firearm if you are 18 years of age or older”. And under FL Statue 790.0655 (2)(d)(9) I am allowed to purchase a rifle or shotgun under 21. My question is am I... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a complex question that involves federal and state laws, as well as specific exemptions for military members. Let's break it down:

1. Federal law: Generally, federal law prohibits licensed firearms dealers (FFLs) from selling handguns to individuals under 21. This applies...
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1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Florida on
Q: In Florida can you be trespassed from somewhere you have never been or havent been in over 1 year?

I got a trespass warning tuesday from a location I have never been, and all the statutes it sources say you were already on the property without consent, and based off of the wording in chapter 810 (burglary and trespass statute) I needed to be on the property and asked to leave, or told I'm... View More

James L. Arrasmith
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answered on Jun 21, 2024

To provide a concise response to this legal question:

In Florida, it's generally not typical to receive a trespass warning for a property you've never visited or haven't been to in over a year. Trespass warnings are usually given when someone is on a property without...
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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Florida on
Q: If I have a car that was left in my driveway and the owner no longer returns calls or texts, how do I claim it?
James L. Arrasmith
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answered on May 29, 2024

If a car has been left in your driveway and the owner is unresponsive, you will need to follow legal procedures to claim it.

Start by contacting your local police department to report the abandoned vehicle. They will typically run a check to ensure it is not stolen and may try to contact...
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1 Answer | Asked in Tax Law and Gov & Administrative Law for Florida on
Q: Does an acupuncturist need a tax permit to provide in- home treatment services in Lake County FL?
James L. Arrasmith
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answered on May 21, 2024

In the state of Florida, including Lake County, acupuncturists are required to obtain a license from the Florida Board of Acupuncture to practice acupuncture legally. This is outlined in the Florida Statutes, Chapter 457.

However, regarding a tax permit for in-home treatment services, the...
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