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Florida Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Internet Law and Small Claims for Florida on
Q: Can I do this without being an attorney/law firm?

I want to start a small company where I send demands (seeking settlements) to companies for violations of u.s. telemarketing laws...I have seen places that help with accidents that arent actually law firms, am I able to do something similar but with telemarketing?

Charles M.  Baron
Charles M. Baron
answered on Dec 13, 2020

No.

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Florida on
Q: My boyfriend is currently locked up in Collier county with a warrant from Orange County for Burglary with assault/batt

He got into a verbal altercation with his dad at their residence and walked back into the home but ever assaulted anyone. He has proof that he was residing there at the time of the incident & his dad never pressed charges. Is there a way we can get the charges dropped or a way he could get... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 11, 2020

Why are you assuming the warrant is for the incident with his dad if his dad never pressed charges? Something's missing here. Either his dad DID press charges or the warrant is for something else. Another possibility is that his dad first decided to press charges, then changed his mind, but... View More

1 Answer | Asked in Estate Planning, Gov & Administrative Law and Real Estate Law for Florida on
Q: Power of Attorney for Real Estate Property in Puerto Rico to use for Closing due to not traveling Covid-19 related.

I live in Florida, brother here lives in South Carolina. Want to name other sibling in PR to sign off on documents at closing (brother here will buy our parts and he will be putting the house in his name). Does the Power of Attorney need to come from Puerto Rico and does it need to be translated... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 20, 2020

The law of Puerto Rico may not be the same as the law in Florida. That's why you should have asked your question in Justia > Ask a Lawyer > Puerto Rico.

1 Answer | Asked in Election Law, Gov & Administrative Law and Municipal Law for Florida on
Q: How can I place an item to be voted on in a city?

I would like to change the laws of the municipality by placing it on the ballot for the upcoming elections.

Charles M.  Baron
Charles M. Baron
answered on Sep 14, 2020

You must find out whether your city has a process for petitioning to place a referendum on the ballot (also called initiative petition), and if so, what the petition requirements are (method, number of signatures needed, time restrictions, etc.). I would start out by calling the City Clerk's... View More

2 Answers | Asked in Civil Rights, Election Law, Gov & Administrative Law and Public Benefits for Florida on
Q: DMV says I need a birth certificate to get photo ID, DOH says I need photo ID for birth certificate. What should I do?

My driver's license is expired. I tried renewing online and was told I needed to show a copy of my birth certificate. I do not have a "valid" copy of a birth certificate. For those who are not aware, the Florida DMV is currently in the same state of collapse as most of their other... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 4, 2020

Are you indicating that you have neither? How old are you?

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Gov & Administrative Law for Florida on
Q: If your HOA retaliated against you, can I file a complaint in Federal Court or Civil Court?

My HOA retaliated against me after being caught using my water in my property. At the same time my fence which was being replace was installed improperly, and it was fixed, did not allow me to extend it like other neighbors. They added a lien on my property after I sent my HOA dues and refuse to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 1, 2020

It doesn't appear to involve a federal question, so no, you can't sue in federal court.

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Government Contracts and Small Claims for Florida on
Q: If you leave your property on city property does it become owned by the city?

Volunteers/nonprofit leaving goods overnight.

City then uses such goods, and claims such property is owned by them.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 21, 2020

If it's abandoned, and whether that is the case depends on all of the circumstance, it can be taken by anyone.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can I loan my son $120,000 w/ promissory note using his homestead as security? Can it be recorded? Better Ideas welcome
Charles M.  Baron
Charles M. Baron
answered on Jun 22, 2020

Yes, with a recorded note and mortgage, but if there is already a mortgage for a home loan, the lender has priority, so if the lender forecloses, you'll end up on the short end.

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Florida on
Q: Can DEO get away with not dispersing the $600 per week PUA money I qualify for?

I am eligible under the Care's Act for PUA as a 1099 worker. I was also eligible for unemployment as a 1040 worker. I received back pay for unemployment but not the PUA funds. The DEO is not communicating with me, and can not answer my questions, friends from other states have already received... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 10, 2020

No, DEO is not "committing fraud." Since DEO is the final decision-maker as to whether or not you are entitled to the extra money given to DEO under the CARES Act I strongly suggest that you stop fighting with them and just wait for the DEO bureaucracy to catch up with the thousands of... View More

Q: I'm a civilian federal employee for the USAF, how can the FAA pay its employees more in the same career field as me?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 8, 2020

Probably because the USAF and the FAA are legally not the same employer; neither is any other federal agency the same as the FAA or the USAF. FYI: Every federal agency employer is different from all others; and the military civilian corps is completely different than that of any federal agency.

1 Answer | Asked in Divorce and Gov & Administrative Law for Florida on
Q: With Covid19 in effect what are the legal guide lines for phone hearings? Why are they not recorded?

I had an exceptions hearing over the phone, opposing council was allowed to talk and I was not, I was the one that filed for exceptions. I don't understand how that is legal, and when I tried to get a copy of the hearing they said that they weren't recording them? When I asked the judge... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 7, 2020

Of your list of grievances, the only one that seems to be a possible infringement of your rights was the denial of your right to argue on your own behalf. That is a procedural due process right IN GENERAL for pro se litigants in hearings, with some exceptions. Relief for a trial court... View More

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Gov & Administrative Law for Florida on
Q: what are my options once contract signed for car loan process, same day dealer drop price and continued advertising new

After singing and in processing used car loan agreement contract, in the same day local tampa bay dealer drop car price continue advertising price drop. Am I entitled to new car price drop, even loan contract signed,send forbank approval?? what are my options. Thanks,

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 27, 2020

The (amazing) fact that the dealer lowered the price on the same used car that you were purchasing that same day has nothing to do with your transaction. The written contract you signed was complete when signed.

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2 Answers | Asked in Tax Law and Gov & Administrative Law for Florida on
Q: Do I qualify for the coronavirus-related distributions?

Live in South Florida, fell ill in March with a sore throat, low grade fever, etc.... but didn't meet the criteria to be tested. You had to be hospitalized or 65 or older at that time. I am 55. I self quarantined like the task forced asked us to do. I had just started to work for Instacart... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 7, 2020

For starters, I can tell you that if you and your deceased husband filed a joint income tax return for calendar year 2018 or 2019 you each are entitled to receive $1,200. And since your husband was alive when the stimulus legislation was enacted (mid-January), you can keep the $1,200 earmarked for... View More

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2 Answers | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Florida on
Q: A municipality enacted more aggressive measures than the state in regards to their Covid-19 response, can they be sued?

A city and county forced all timeshares closed as part of their Covid-19 response. The state did not close timeshares via their directive. Our particular timeshare has each unit/week deeded and the owners pay their share of the relevant city/county taxes. The city and county have blocked owners... View More

Charles M.  Baron
Charles M. Baron
answered on May 1, 2020

I agree with Mr. Minnick. You'd have to seek a Court ruling that the municipality's action is not legally valid, and to do that, you would need to challenge the constitutionality of the action. There are various "levels of scrutiny" that the Courts use to determine if the... View More

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1 Answer | Asked in Gov & Administrative Law, Family Law, Child Custody and Civil Rights for Florida on
Q: In a state of emergency do courts still have to follow time restrictions

My case is a shelter hearing took place and now I'm waiting 40 Days for arraignment and to take it to trial. They have taken my child with the statements of an ex who we are in a nasty custody battle and a investigator who did not administer a drug screen properly nor investigate the whole... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 24, 2020

No, of course not.

How do you expect the Florida courts to keep up with all the traffic when most of the court staff is in lockdown ordered by the governor? But the Good news is that you have plenty of extra time to think up your story and plot your defense. Right?

2 Answers | Asked in Family Law, Gov & Administrative Law and Social Security for Florida on
Q: Husband died of last 17years not together I need death certificate to turn in BUT DONT HAVE HIS TOWN OR SS NUMBER ???
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 23, 2020

This is no a legal problem; it is a ancient personal problem that cannot be solved by lawyers here on Justia. However, I will tell you that there are lawyers and others who can perform miracles doing "skip-tracing" (finding deadbeats); hire one.

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1 Answer | Asked in Employment Law, Gov & Administrative Law and Health Care Law for Florida on
Q: Parttime respiratory therapist taking LOA for childcare during COVID-19 pandemic.

Parttime respiratory therapist for large hospital. Asked for LOA at end of March for childcare related. Hospital just now sent me one paper to sign this week stating I am Unwilling to work due to exposure to COVID-19 and do not have job protection. We do not put our child in daycare.... View More

Alberto Naranjo
PREMIUM
Alberto Naranjo
answered on Apr 17, 2020

For this new type of FMLA under the Family First Coronavirus Response Act the number of hours does not matter play a factor from my understanding but the reason your requesting the leave is very important and not everyone qualifies. I provided the information that is on the Department of Labor... View More

1 Answer | Asked in Gov & Administrative Law, Tax Law and Child Support for Florida on
Q: The FL DOR stated to me they are NOT participating in stimilulus deferment. Is this true and does Treasury override?

I receive a minimum SSDI income, and have one dependent child. I also have one 21yo son for whom I am responsible for arrearages in the state of FL. The arrearages are deducted automatically via ssdi garnishments and have been made every month to include payments prior to his 18th bday since 2012,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 14, 2020

Sorry, but as I understand it the stimulus checks will be subject to child support garnishments, in the same way that income tax refunds are.

1 Answer | Asked in Gov & Administrative Law, Health Care Law and Libel & Slander for Florida on
Q: How long are voicemails retained? How much time passes before they can no longer be subpoenaed?

One is Assurance Wireless under Virgin Mobile under Sprint

The other is Bay Pines VA Center Carrier unknown.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 30, 2020

Why not ask them?

1 Answer | Asked in Employment Law and Gov & Administrative Law for Florida on
Q: I'm working as a contractor thru an agency KForce(2400 emp) My placement end 3/31 due to virus. Can HR6201 help me?

My placement is with an employer with less than 500 employees, but because I'm paid through KForce, does that mean I won't be entitled to any of the paid sick or paid leave policies outline in the new legislation? What can I do?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 20, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to answer any of the scores of "what if" questions being posted by askers... View More

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