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Florida Gov & Administrative Law Questions & Answers
1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Florida on
Q: Is it a conflict of interest? I had a lawsuit against a city awhile ago and now my husband has a lawsuit against them

so if the same department is handling it is that a conflict?

Michael Fayard
Michael Fayard
answered on Jan 30, 2020

No. Based on the information you provided that is not a conflict of interest. If the city is liable for both you and your husband’s injuries that is not a conflict.

An example of a conflict of interest would be if a lawyer represented you in a matter and then the same lawyer tried to sue...
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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Do the Florida ethics law for public officials also apply to the general public?

I'm curious because I want to know if any gifts given to me by immediate family members become my legal property if I have not paid in equal or greater amount that the product or gift is worth and 90 days have passed since the date of purchase

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2020

What does the Florida ethics law for public officials have to do with you; are you a public official? If someone gave you a gift, the gift is yours; none of those other conditions have anything to do with it.

2 Answers | Asked in Gov & Administrative Law, Employment Law and Workers' Compensation for Florida on
Q: Who is liable when an off duty LEO is injured, outside of their jurisdiction, acting in a LEO capacity?

If an off duty law enforcement officer takes action in an emergency situation (like a shooting at a church), outside of his or her jurisdiction, who is liable if the officer is injured? My department is possibly allowing the use of marked and unmarked vehicles to attend religious services while... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 9, 2020

Workers comp insurance should cover on-the-job injuries. The insurance should be carried by whomever is hiring the officer for the particular job, unless his/her department's insurance happens to cover in that situation.

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2 Answers | Asked in Business Law and Gov & Administrative Law for Florida on
Q: Can a friend or family member perform acupuncture on me in the state of Florida if they are not licensed in this state?

I am wondering if there is a difference in "practicing" meaning holding a current license in the state to solicit business vs. being qualified to perform acupuncture but not having a current state license and doing so for a family member.

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2019

No. See Florida Statutes Section 457.105, Sub-section (1), which you can find on-line.

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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: does the statement below(553.505) mean that Private Clubs ARE EXEMPT or ARE NOT EXEMPT?

553.505 Exceptions to applicability of the Americans with Disabilities Act.—Notwithstanding the Americans with Disabilities Act of 1990, private clubs are governed by this part.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 15, 2019

Assuming you are quoting a section of the US Code, private clubs ARE NOT exempt. The "this part" pertains to PART 553, not SECTION 505.

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Florida on
Q: Do Probable cause affidavit have to be filed with the Clerk of court.

I was arrested and jailed The next day I received a visit from the P.D. office and was given the P.C. Affidavit. Three months later while still jailed I received in the mail that I was given a new P.D. I REQUIRED the newly appointed P.D. To send me a copy of the states discovery. After reception of... View More

Justin Gary Hausler
Justin Gary Hausler
answered on Dec 2, 2019

Good afternoon, I'd like to try to answer a question, but I didn't see one here. Can you be more specific as to what type of helping you seek?

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Gov & Administrative Law for Florida on
Q: disabilities act ignored in request to withdraw a document signed while intoxicate, I'm an alcoholic/have medical docum

I have been diagnosed with mental health and alcoholism, I signed and notarized a document coerced, manipulated and pressured by my wife. while I sent it to her, without my lawyers approval or review, I trusted my wife, again, I know, so she used me and manipulated me, she knows how very well.... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 15, 2019

First the Good news: Everything you said about chronic alcoholics often being unable to think clearly, or understand what they are doing, or why they are doing it, or understand the effect of what they did, or understand what they should or should not be doing, etc. is 100% correct. And most books... View More

4 Answers | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: Can a lawyer's diploma from Venezuela in the United States be recognized?

The Man has a Full Lwyer Diploma from Venezuela and live in Orlando as Asyl Resident can he do everything to get a recognized of his diploma in US?

Linda Liang
Linda Liang
answered on Nov 4, 2019

Venezuela's laws are not US laws. Lawyer's diploma is not pre-requisite for lawyers' qualification.

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2 Answers | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: I'm a permanent resident with a green card through refugee status. what documents do i need to travel outside the USA
Linda Liang
Linda Liang
answered on Oct 7, 2019

If you already have a green card, you travel with green card. Be careful not to travel back to your home country though.

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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Florida on
Q: Question regarding FOIA/Privacy Act for those familiar

If I submit a FOIA request, I know one of the exemptions to disclosure is information about an active investigation. However, I see that they would put in the FOIA response that the information was redacted and the exemption it was redacted under, which would essentially show that there is an... View More

Sasha  Dadan
Sasha Dadan
answered on Sep 13, 2019

My experience has been that if you are being investigated for a crime, the investigative report and victim report is protected. However, I would have an attorney contact the Detective on the case and request whatever information is available. Why you are being investigated, what information they... View More

1 Answer | Asked in Gov & Administrative Law and Landlord - Tenant for Florida on
Q: Can the 24 hour notice to vacate be served during a weather state of emergency?

Due to expenses of my sister's passing, I was unable to pay the final months rent of my lease, so I am being evicted. I am worried the 24 hour notice will be served during the hurricane that is about to hit us.

Charles M.  Baron
Charles M. Baron
answered on Sep 2, 2019

You don't get served the 24-hour notice unless and until an eviction judgment has been entered against you after a lawsuit gets served on you and goes through the process, which takes anywhere from a couple weeks to several months, depending on whether you contest the suit. If you do have an... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: I just got selected for State Active Duty for the Hurricane here in Florida. If I don’t show up, what can they do to me?

If I don’t show up for State Active Duty because I am dealing with my personal issues and not making enough money to pay my bills, what could they do to punish me? If I were not to show up?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 1, 2019

Active duty with what, the national guard? As a guardsman, you should know what the penalties would be; ask you commanding officer.

1 Answer | Asked in Child Support and Gov & Administrative Law for Florida on
Q: Can i suspend / pause a child support order? While i appeal my case? ...or should i appeal my case?

I went to a hearing though unemployed at the moment the hearing officer use my old income which is 2200 before taxes a month but because of changes in the company i made under 2000 from the beginning of this year up until i got fired even though i was fired and did not make full time from last... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 28, 2019

First, please re-ask this, using punctuation. And no: you probably can't suspend the child support while an appeal is pending

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Personal Injury for Florida on
Q: Is electronic harassment a federal crime in Florida? I am asking for myself I am currently a victim of this harassment

These perpetrators can spy on my whereabouts 24/7 and have the capabilities of viewing my thoughts on a computer I have no other earthly idea how they do this though.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 16, 2019

What makes you think they are doing this?

2 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Florida on
Q: Please google Michael Dowd vs Palm Beach Florida et al

Pubilc Defender utters forged Probable Cause Affidavits. Palm Beach County Clerk of court removed filed p.c. affidavit and replaced with a forgery.

Henry George Ferro
Henry George Ferro
answered on Aug 15, 2019

There is no question to be answered

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1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Florida on
Q: is there a statute of limitations on speeding ticket and possession of alcohol by a minor from 20 years ago?

My fiancé received a letter from a law firm for tickets from 20 years ago for 2 tickets from another state. One for speeding 15 mph and one for possession of alcohol by a minor. It states he needs to appear in court or pay $500. Is this something they can still go after?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 13, 2019

If the tickets were from another state, you should ask your question in the Justia section for that state. But the chances are that if he was ticket by a police officer a judgment of guilty has long-since been entered on those tickets; a SOL would not apply. There is an interstate compact on... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: when you get arrested in the State of Florida and you are supposed to see the judge in 48 hours what happens if u don'?

I stayed in jail for 9 days and never seen the judge and my roommate stayed in there a month before he ever seen a judge this is in mayo fl

Gary Kollin
Gary Kollin
answered on May 14, 2019

It could possibly be a violation of your rights. However, if you took a plea to time served, then it would most likely be no harm, no foul.

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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: The toy is considered as a firearm imitation and is not available to be shipped in some states as CA,NY

Hello! I appreciate you for your answer in advance!

I sell water soakers on online marketplace. They consider it as a imitation firearm and don't ship it in some states as CA,NY etc. It doesn't have a shape of the weapon to be substantially similar in coloration and overall... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 13, 2019

You failed to indicate who "they" are; would I correctly I assume that would be the postal service, UPS, FedEx, etc.?

It appears that it's a matter of contacting those entities and explaining your position to their satisfaction.

1 Answer | Asked in Criminal Law, Civil Rights, Construction Law and Gov & Administrative Law for Florida on
Q: What can you do when your public defender does not seem to be working for you but seems to be working for the state

We went to try to get some information off my phone that the Sheriff's Office had and I was told to give him my password so the sheriff couldn't see it and I did and my lawyer was facing me and the deputy was standing a little to the side and behind me and facing the lawyer like I was... View More

Charles M.  Baron
Charles M. Baron
answered on May 4, 2019

First, any time your lawyer (in this case, your assistant public defender) makes you uncomfortable for any reason, you discuss the situation with him to see if the situation may be corrected. You may have misinterpreted the situation. Almost all attorneys working for the public defender's... View More

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