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Florida Gov & Administrative Law Questions & Answers
2 Answers | Asked in Civil Litigation and Gov & Administrative Law for Florida on
Q: Orange County negligently mishandled my identity which has irreparably damaged my life and career

I'm tired of hearing people say, after I explained what happened to me, OMG you need an attorney. Can an individual sue the county?

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 6, 2022

In theory, yes but government bodies may be immune from suit under a doctrine called sovreign immunity. Nobody online can give you the level or quality of advice you'd need to be able to act on your own; only an attorney whom you retain to resolve the issue can do that.

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1 Answer | Asked in Civil Rights and Gov & Administrative Law for Florida on
Q: I am being treated wrong discriminated against abused byy attorney
Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2022

This forum is for asking questions in order to obtain general information that may give you some guidance for your situation. Start a new post with a question.

2 Answers | Asked in Civil Rights, Federal Crimes, Gov & Administrative Law and Criminal Law for Florida on
Q: What federal laws are broken when a court reporter refuses to hand in a transcript to a litigant?

Several court reporters are refusing to submit a electronic transcript to a litigant in an attempt to conceal a fraudulent court. The court reporters have made unlawful misinformation statements to the litigant and told them that they needed a lawyer for these transcripts, that they had to go to... Read more »

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

That's weird. A reporter must provide a requested transcript to a party to the case if the party pays the estimated cost up front, and an appropriate motion to the court may be made to seek relief. Which law applies depends on which court you're in.

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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can a City in FL still require a Business Tax Receipt even though the State of FL does not require a license any longer?

The State of Florida DBPR no longer requires a person to have a State Body Wrapping license as of July 2020. Can a City in FL still require a Body Wrap specialist to have a City Business Tax Receipt in order to do Body Wrapping?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 2, 2022

Yes, a City Business Tax Receipt is an occupational license rather than a professional license.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Is the state attorney allowed to withhold option to the PTI program?

State Attorney stated if I chose to have my witness show up and provide statement then I would no longer be able allowed to choose the PTI option offered to me. I saw this as unfair because they chose to file charges without looking at my witnesses statement.

Charles M.  Baron
Charles M. Baron
answered on Sep 1, 2022

Your inquiry is a bit vague regarding what you mean by having your "witness show up and provide statement", but I'm guessing you mean "set the case for trial and have my witness testify at trial." It is totally up to the prosecutor what deal to offer you. If they wish,... 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 Criminal Law and Gov & Administrative Law for Florida on
Q: Can I own a rifle in my home by myself at age 19 in Florida? And if I get one from a friend can I get in trouble?

Strictly for self protection in my home.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 19, 2022

Florida Statute 790.065 provides that

"(13) A person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. A...
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1 Answer | Asked in Health Care Law, Gov & Administrative Law and Employment Law for Florida on
Q: Can portable fans be used in food preparation areas
Charles M.  Baron
Charles M. Baron
answered on Jul 4, 2022

This would be a question to ask a government agency overseeing restaurant and grocery store food prep conditions. Inspections are conducted by the Fla. Dept. of Agriculture and Consumer Services, and regulations are imposed by the Fla. Dept. of Business and Professional Regulation. This website... Read more »

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: I have a biometric appointment but I don't have a license or I'd and my green card is expired will I have problems

My passport is expired too it for the i 90 form

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jul 3, 2022

In all likelihood they will take your biometrics notwithstanding the expired green card and expired passport. Do bring those photo IDs, however, and any other photo ID you may have, even if not government issued, to prove your identity. Also beginning in January 2021, USCIS began issuing a... Read more »

1 Answer | Asked in Gov & Administrative Law and Health Care Law for Florida on
Q: Medicaid application took too long to process, now responsible for $1,000 in medical bills for newborn. Can I sue?

I applied for Medicaid coverage for my newborn last month. Because they have taken so long to process the application, I will now be responsible for nearly 1,000 dollars in pediatrician bills. Can I sue the government?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 4, 2022

It is unlikely that you would prevail. The government, the federal government in this case, has probably not waived its sovereign immunity.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Is there a way to challenge a county ordinance in a court, with the hopes to have it repealed or amended?

The county ordinance prohibits homeowners from having on the property in front, in their own driveway an RV (recreational Vehicle)-county classifies just about all towed vehicles RV's (boat, utility trailer...). Seems a little bit of a Govt overreach. Are there any Fl state statutes that... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 2, 2022

County ordinances can be more restrictive than state statutes as long as the two are not in conflict. Most counties have these ordinances because most homeowners do not want to see recreational vehicles and boats parked in their communities. Challenging a law in court is not an easy or cheap... Read more »

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: I have a question regarding the the 2021 Florida Statutes, section 316.2397(3) pertaining to security vehicles.

Can marked security vehicles drive on public roads with their security light bar on to go from one location to another inside of a community. In other words, from one park to another inside the same community? One of my officers was stopped in the patrol vehicle and told they could not have the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 6, 2022

The sub-section you cite seems to contain your answer. "... Vehicles owned or leased by private security agencies may show or display green and amber lights, with either color being no greater than 50 percent of the lights displayed, while the security personnel are engaged in security duties... Read more »

3 Answers | Asked in Gov & Administrative Law for Florida on
Q: I own a condo in Florida. Along with my purchase I received 2 deeded parking spots.

Does the BOD have the authority to tell me what I can and cannot park in my spots? Do they have the authority to tow a car out of my deed owned parking spot?

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2022

The BOD can enact reasonable Rules & Regs applicable to the entire complex (but not selectively against you) regarding types of vehicles that are prohibited from parking at the complex. To be legally valid, such Rules & Regs would must be enacted in accordance with all of the notice and... Read more »

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1 Answer | Asked in Real Estate Law, Collections, Gov & Administrative Law and Municipal Law for Florida on
Q: Can you have a daily accruing fine without notice for five years?

I repaired a city code violation in an apartment I own as I normally would so that I could rerent the apartment, it was air conditioning problem. After five years without any notice and thinking the matter was taken care of, I received a letter from code enforcement saying that my daily accrued... Read more »

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

I am unable to advise you on this important matter without first being able to see the original notice of code violation that you received from the city five years ago (you can request a copy) and reviewing the specific section of the Code(as it was five years ago) the city is using to try to... Read more »

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: " Tennessee Code Annotated 50-7-302(b)(3)." what does this mean?

my wife received this as a determination for a reason of why she now has a fraudulent unemployment claim from back in 2010 that we just recently found out about. this happened in knoxville tn.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2022

Maybe you should google "Tennessee Code", or something, and read what the statute says. It's, obviously Tennessee law, not Florida law.

Q: Can I sue city to recover excessive fines?

I was fined 16k for violating city code on short term rentals. I moved so didn't receive the 1st notice warning and they did not post it at the house as required once returned. I received a notification to appear before special magistrate a few months later. I hadnt rented short term for a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 1, 2022

Sure anyone can sue anyone else at any time for anything--including this situation.

But I don't recommend trying it without a lawyer.

Whether you have a good claim or not depends on what the code violations were for.

Hire a lawyer to investigate this case and advise you on what to do.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can the HOA and the COA meet together for a "Meet and Greet?"
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 31, 2022

Yes, but they have to provide the respective notice requirements to the membership as determined by the bylaws or the statute. The statute provides for a 48-hour notice. The bylaws could be different.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can a Assistant State Attorney file charges on someone from another county, even if that person is not from nor live in

the assistant state attorney COUNTY?...under Florida law

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Oct 29, 2021

Yes, absolutely. A state attorney from a certain county can bring charges against someone from a different county for a crime that occurred in the state attorney’s county. In other words, if a crime occurs in Miami-Dade, but the defendant is from Broward, the Miami-Dade ASA can charge the... Read more »

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can a assistant state attorney bring charges on someone from another county. State of florida

Do they have limited jurisdiction

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Oct 26, 2021

A state attorney from a certain county can bring charges against someone from a different county for a crime that occurred in the state attorney’s county. In other words, if a crime occurs in Miami-Dade, but the defendant is from Broward, the Miami-Dade ASA can charge the defendant from Broward... Read more »

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: In a habeas petition concerning a controversy whereby government officials are falsifying their records which rely upon

State records which clearly don't support the action and the district court dismissed the case absent procedural due process is the case live or dead for purposes of completion? This action has caused and continues to cause concrete harm and damages for which redress is required.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 31, 2021

If the court dismissed the case, and if the time for appeal is over, the case would be over. Why?

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