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Florida Gov & Administrative Law Questions & Answers
1 Answer | Asked in Family Law and Gov & Administrative Law for Florida on
Q: Hello,I was born in Yauco,PR. I want to change my full name on my birth certificate. I live in Florida. What do I do?

Do I have to go to PR to do that?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 7, 2023

You petition the Florida court for a name change. When the petition is granted, you would probably send a certified copy of the decree to the Puerto Rican governmental department in charge of birth records and ask for an amended birth certificate. That is the way it is done in most or all states,... View More

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Florida on
Q: Can you be denied access to a public building for refusing to show ID?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 6, 2023

In general, certainly.

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Florida on
Q: This is presently in the Declaration of Covenants and Restrictions. Is this a discriminatory restriction?

Section 26. Flags. An Owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 41/2 feet by 6 feet, that... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 3, 2023

It depends on what you mean by "discriminatory?" It is outdated and not compliant with the latest statute, which allows these flags to be flown year-round and also include Space Force, MIA and POW flags. This is state law, Florida Statute 720.304(2)(a-b). If you mean is it... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: Can you provide the correct procedure for motion to compel evidence

What is the exact procedure when defense atty files for motion to compel evidence, after judge grants it for two weeks WHY WOULD A DEFENSE ATTY ASK FOR A SECOND MOTION TO COMPEL AND A SANCTION. Are they able to be asking for a motion to request a dismissal of the case or a final judgment

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 13, 2023

Apparently, what happened was that the defendant's attorney moved that the plaintiff (which, of is a criminal case, would be the government) be ordered to produce some sort of evidence. The judge gave the prosecution two weeks to produce the evidence. When the defendant's attorney... View More

1 Answer | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: if judge grants a motion to compel allowing state so many days to submit the discovery can they submit evidence after?

Judge gives deadline of evidence, is state allowed to submit and use evidence after this date to convict someone

James L. Arrasmith
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answered on Mar 11, 2023

No, if a judge grants a motion to compel and sets a deadline for the state to submit discovery, the state is not allowed to submit or use any evidence that was not submitted by the deadline. This is because the purpose of the deadline is to ensure that both the prosecution and defense have adequate... View More

1 Answer | Asked in Car Accidents, Gov & Administrative Law and Contracts for Florida on
Q: Does the FL 627.7288 mean that the deductible doesn’t apply for the rear windshield as well?

My dad’s back windshield was hit by a fruit or a rock or something and it was smashed. He called the insurance and they said they would cover it if it was the front windshield but because it is the back the back then the deductible still applies. I was reading the law and it says motor vehicle... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 18, 2023

Good question. That section reads as follows:

627.7288 Comprehensive coverage; deductible not to apply to motor vehicle glass.—The deductible provisions of any policy of motor vehicle insurance, delivered or issued in this state by an authorized insurer, providing comprehensive...
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1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for Florida on
Q: Can a 617 Board Member Post about the Affairs Of the Corporation on a Website That Is Not Administered By the Board

Former and Current Board Members Are Posting on Web Sites [NOT ADMINISTERED BY THE BOARD] about the Corporation Internal Affairs, Including, but Not Limited to []- NEXTDOOR []- ORLANDO TRILOGY RESIDENTS (CASCADES/GROVELAND RESIDENTS, PAST AND PRESENT) []- OFFICIAL CASCADES OF GROVELAND RESIDENTS... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 29, 2023

Interesting issue, which I don't have expertise in, but my somewhat-educated guess is: Regarding the issue of disclosure itself, without regard to whether it causes damage to the corporation, the answer to your question may depend on whether your corporation has a written confidentiality... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Florida on
Q: Trying to contact owner of abandoned vehicle or begin process of claiming said vehicle if no response.

So I asked this question prior and it was removed so I have no idea why. I found an abandoned vehicle in a parking lot that I frequent. The vehicle is clearly abandoned and it’s down bad. Tags are many years expired, I contacted police and they said it’s not their problem. I’d like to contact... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 21, 2023

Since the vehicle is on private land, that landowner possesses the vehicle. The statutory procedures for acquiring title to abandoned property (including vehicles) would help you only if the vehicle were on public land. See Florida Statutes Chapter 705 at:... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: what is the Treaty of Middle Plantation?

It is the Treaty that helps the people called Black in the US. They are actually American Indians.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 26, 2022

It was a treaty with several Native American tribes and England that was signed in Virginia in 1677. It gave the tribes control over their home lands and the right to bear arms in exchange for loyalty to the Crown.

2 Answers | Asked in Civil Rights, Gov & Administrative Law and Municipal Law for Florida on
Q: No, only two names. One on birth cert. The other on ID's now expired. Can't do anything witout ID.

People...I have no ID and no entity will give me one. These True ID laws are the problem. Birth cert. name and SS# name are different, and I don't have current ID. STOPS EVERYTHING!

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2022

You are apparently attempting to add to your prior post, but the way this Justia site works is that each time you post, it is viewed as a brand new post, seen by a different set of lawyers who may or may not overlap with the lawyers who saw your prior post. If you wish to follow up with the lawyer... View More

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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... View 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,... View 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... View 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,... View 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... View 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
Kevin D. Slattery
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... View 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.

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