Ask a Question

Get free answers to your Gov & Administrative Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law and Employment Law for Florida on
Q: Federal employee placed on disciplinary plan, investigation without notice, denied access to file.

I am a tenured federal government employee who was recently placed on a disciplinary progress plan due to alleged unprofessional conduct. This was based on an investigation conducted by my immediate superior, who questioned my coworkers about an incident. I was neither informed of this... View More

John Victor Berry
John Victor Berry
answered on Mar 29, 2025

I am sorry that you are dealing with this. Your situation is not uncommon and agencies do not, unless listed in the collective bargaining agreement, do not always have access to your investigation. You are likely best to keep a low profile during the upcoming RIFs and prepare to fight if you are... View More

1 Answer | Asked in Gov & Administrative Law and Banking for Florida on
Q: Do delinquent accounts affect MLO license approval in Florida?

I am applying for a Mortgage Loan Originator (MLO) license in Florida and have come across Rule 69V-40.0113, Florida Administrative Code, regarding license approval. I have some charge-offs and delinquent accounts. Will it be required that these accounts are paid off or be in a payment plan... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

In Florida, financial responsibility is indeed a key factor in determining MLO license approval. Your delinquent accounts and charge-offs may be considered "adverse credit history information" under Rule 69V-40.0113, which regulators use to evaluate your financial responsibility when... View More

1 Answer | Asked in Banking, Business Law and Gov & Administrative Law for Florida on
Q: Do I need a Florida license for business-purpose hard money lending as a white label entity?

Do I need a hard money lender license in Florida for a business offering loans strictly for business purposes, such as real estate purchase, rehab, or fix and flips, under my brand name as a white label entity? My role would involve soliciting loan applications, scrutinizing them, and forwarding... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

For your specific business model offering strictly business-purpose loans for real estate investments, you likely don't need a mortgage lender license in Florida. Florida Statute 494.00115.3.d explicitly exempts individuals who "make only nonresidential mortgage loans and sell loans only... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can I get a FL court order for my aunt to get my NY birth certificate?

I live in Florida and urgently need my birth certificate from New York to apply for a passport for an upcoming cruise. I lost my birth certificate and can't expedite receiving it online or travel to New York myself due to timing and cost constraints. My aunt, who lives in New York, is willing... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 24, 2025

No. Florida courts wouldn't have jurisdiction. Contact the New York agency and ask them how your aunt can pick up a birth certificate for you.

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Florida on
Q: County government removes home rule rights unlawfully, what to do?

I am facing an issue with my county government. They have taken away our home rule rights by misleading us into adding "and breach the charter," effectively barring us from amending it. Despite complaints from citizens and discussions with the police, the government is refusing to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

You're dealing with a serious issue regarding your county government and home rule rights. When local governments potentially overstep their authority by restricting charter amendments, you may have grounds for legal action through administrative appeals, state court challenges, or even... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Florida on
Q: Is it legal to record a call without consent if parties are in different states with different laws?

If Person A, who is in Florida, records a phone call with Person B, who is in Texas inside a grocery store's break room, without notifying Person B, is it legal? Person A recorded the call due to weird background noises. Texas is a one-party consent state, whereas Florida requires two-party... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

When you record phone calls across state lines, you're navigating tricky legal waters. Interstate call recording generally follows the stricter law between the two states involved. In your scenario, Florida's two-party consent requirement would likely take precedence over Texas's... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Immigration Law for Florida on
Q: President's legal basis for deporting immigrants despite court rulings.

How is the President able to proceed with deportations of legal immigrants despite a judge's ruling against such actions? I'm concerned about the legal justification and whether these actions violate any legal principles.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2025

The Trump administration proceeded with deportations even after a judge issued a temporary restraining order, arguing that some deportation flights were already in international airspace when the ruling came down. The administration insisted it did not defy the court order, claiming the... View More

1 Answer | Asked in Landlord - Tenant, Gov & Administrative Law and Public Benefits for Florida on
Q: Dealing with long-term pest problem and recent spoilage in public housing.

I have been dealing with a bedbug infestation for nearly 5 years in my apartment, and the pest control measures have been ineffective. Additionally, there is a persistent roach problem. Recently, a contractor left my refrigerator unplugged, causing the food inside to spoil, and the management... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 14, 2025

It would be best to consult your local Legal Aid Office, which should be able to provide free representation and/or advice. As you are writing from Jacksonville, see:

https://www.jaxlegalaid.org/get-help/service-areas/housing/housing-landlord-tenant

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: When does the 30-day period for Canadian citizens start if they are already in the US or arrive before 4/11/2025, under the new executive order?

I am a property manager for a vacation rental agency in Florida, and we have concerns regarding the new executive order about Canadian citizens needing to register with US immigration if they stay longer than 30 days, effective 4/11/2025. Many of our Canadian guests are asking about the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

Under the new executive order effective April 11, 2025, Canadian citizens staying in the U.S. for more than 30 days are required to register with U.S. immigration authorities. For those already in the U.S. or arriving before April 11, the 30-day period begins on April 11 itself. This means that if... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Florida on
Q: Why are the drug charges missing from Madison County's court website?

Why are my drug charges not showing on the Clerk of Courts website in Madison County, Florida, even though my other charges, such as speeding and driving with a suspended license, are?

Michael Rubin
Michael Rubin
answered on Mar 12, 2025

If you know enough to search the clerks website, you should call them and ask them

this is not a question for a criminal defense lawyer

1 Answer | Asked in Gov & Administrative Law and Immigration Law for Florida on
Q: How to obtain a State ID without a SSN using ITIN, EIN, in any state?

I am looking to obtain a State ID without a Social Security Number (SSN). I have an Individual Taxpayer Identification Number (ITIN), Employer Identification Number (EIN), a registered LLC, and a Business ID. My business is registered in Florida, though I am open to applying for a State ID in any... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2025

Obtaining a state-issued identification card without a Social Security Number (SSN) can be challenging, especially without a U.S. residential address. While some states, like California, have expanded ID eligibility to include undocumented residents, they typically require proof of residency within... View More

2 Answers | Asked in Gov & Administrative Law for Florida on
Q: How to verify Nicholas Maceus's credentials to practice law in Florida?

I'm seeking to confirm the credentials and legal standing of an individual named Nicholas Maceus, who claims to be a graduate of George Washington School of Law. How can I verify that he is a licensed lawyer and eligible to practice law in Florida?

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2025

Search for his name on the Fla. Bar website, Floridabar.org.

View More Answers

1 Answer | Asked in Gov & Administrative Law and Social Security for Florida on
Q: How to correct a typo on Miami-Dade marriage certificate from Michigan?

I need to correct a typo on my Miami-Dade marriage certificate to apply for my deceased husband's Social Security funds. My middle name is misspelled as "Rosa" instead of "Rose." I have already contacted the Miami-Dade County Clerk's office. I currently reside in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2025

To correct the typo on your Miami-Dade marriage certificate from Michigan, you'll need to submit an Amendment Application to the Florida Bureau of Vital Statistics. You can download this form from their website, complete it, and include copies of supporting documents that show the correct... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Are email notifications for HOA elections in Florida legally sufficient?

As a former HOA President, I am concerned about the current Board's decision to switch from mailing election notices to only using email, potentially excluding elderly homeowners who may not have email access. Last year, we adhered to Florida law by mailing out notices and ballots, setting a... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 21, 2025

In order to be valid to notify owners by email, the HOA is required to obtain a written consent from that homeowner consenting to receiving notices by email only. If there is more than one owner, each owner would need to consent.

1 Answer | Asked in Real Estate Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: What legal options do I have for neighbor causing flooding by violating HOA bylaws?

I'm experiencing flooding in my backyard because my neighbor filled in a swale or easement for rainwater, violating our HOA bylaws in Florida. Despite informing the neighbor, HOA, and property management over the past year and providing documented evidence, no action has been taken. I've... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 16, 2025

You can call county code enforcement and/or your water management district. You should also consult with an attorney because there is a civil claim for trespass when water is diverted off of one property onto another.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Florida on
Q: 3.850 appeal help. Can I now pay a lawyer help my appeal if it already been sent in?

If I've already filed my appeal to the court by myself can I now pay a lawyer to pull it back and revise it?

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

Certainly you can hire an attorney for the purpose of revising it.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Gov & Administrative Law for Florida on
Q: Can a Court hearing for trespassing appeal be held in City Hall (Florida and is the ruling if not favorable legal?

The “Judge” was a local Attorney hired by the City titled as a “Hearing Master” with a City Police Attorney as their prosecutor

Michael Rubin
Michael Rubin
answered on Jan 8, 2025

yes this happens all the time and as long as the trier of fact can remain objective and neutral, there is no illegality

View More Answers

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Gov & Administrative Law for Florida on
Q: Can a Florida notary use an embosser with impression inker in stead of used a rubber stamp?

the ink would make it photographically reproducible and would be the same as the rubber stamp seal of the notary. law below: it would not be the embosser alone. but an embosser with ink making it an inked embosser. so it would be an inked stamp with the embosser.

Martin George Prego
Martin George Prego pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2025

Under Florida Statute 117.05(3)(a), Florida notaries are required to use a rubber stamp seal that includes specific information, such as the notary’s name, the words “Notary Public - State of Florida,” the notary’s commission number, and the commission expiration date. The law mandates the... View More

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for Florida on
Q: what kind of lawyer do I look for to sue a county government?

The citrus county ship PROGRAM was to build a house for my father, a veteran. Unfortunately, my father had no control over the building. The county was asked several times about the septic and drain field that was to be replaced per the contract, during building. All I got was the run around.... View More

Tim Akpinar
Tim Akpinar
answered on Dec 29, 2024

A Florida attorney could advise best, but your question remains open for three weeks. I'm very sorry for the loss of your father and the ordeal you have gone through with the property. What kind of lawyer? You could start by making calls to attorneys who have experience with real estate... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Gov & Administrative Law for Florida on
Q: What are my rights as a disabled individual who had safety concerns willfully ignored by my landlord for months?

I provided previous documentation via emails, physician verification of my disabilities, numerous phone calls to the leasing office records, documentation of my maintenance requests falsely solved in the resident portal as well as these willful violations of my right to ensure a safe and peaceful... View More

Erik A. Perez
Erik A. Perez
answered on Dec 17, 2024

You may be able to terminate the lease. However, it appears you likely need to provide a notice to cure under the statute and thereafter you may be able to exercise your right to termination of the lease and/or rent abatement.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.