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Florida Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Estate Planning and Probate for Florida on
Q: 1 am the petitioner in a compulsory accounting hearing. I live 1500 miles away do I have to appear in court?
Mr. Long H. Duong
Mr. Long H. Duong
answered on Jul 20, 2017

Talk to your attorney about this - if you were specifically asked to be there, you can likely appear by phone.

That said, your attorney might be able to appear on your behalf unless the judge needs to talk to you directly.

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Florida on
Q: my boyfriend is in jail they never evaluated him to see if he was competent to stand trial can u help him

the only thing I know they had on him was he say she say they give him 25 years

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 7, 2017

Was he in fact competent to stand trial? If not, and such incompetence contributed to the conviction, he might be able to successfully appeal. What does his attorney say?

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: 1 am the petitioner in a compulsory accounting hearing. I live 1500 miles away do I have to appear in court?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2017

Unless you are to testify, probably not. Your attorney can appear for you.

1 Answer | Asked in Health Care Law, Medical Malpractice and Gov & Administrative Law for Florida on
Q: How to file a claim against a hospital that malpractice that has sovereign immunity.

My aunts went to the hospital with her daughter on April 7. On April 9 they peform endoscopy on her when my aunt went home to take a shower. Mind you my aunts daughter is mental challenge she on medicaid so she cant make big decsions for her self without help from her mother. The endoscopy went... View More

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2017

First contact a member of the Fla. Justice Assn that handles medical carelessness cases--they give free consultations.

1 Answer | Asked in Business Law, Education Law, Employment Law and Gov & Administrative Law for Florida on
Q: Can our employee (on the clock) be asked to leave our public meeting to attend to her job responsibilities?

I am a board member of a public charter school in FL. We are under the Sunshine Law where all meetings are open to the public. I feel this employee is not acting in the capacity of a member of the 'public' while she is at work and on the clock so we have a right to ask her to return to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 21, 2017

You are correct. As an employee, she is to do what she is told by her employer; whether that involves reporting the finances to the board or other non-board meeting duties. The Sunshine Law doesn't modify her duties as an employee.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Florida on
Q: The Federal Bureau Of Prison has a formal or informal rulemaking?
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 4, 2017

Both, probably. Why do you ask?

Q: Is it possible to get a patent on an anti-gravity propulsion device without the United States government taking it away?

I was told by a patent lawyer that the US government would not permit such a patent to be in public view. This of course is discouraging. Is it true?

The inventor of this propulsion device would like to license various corporations and in various countries around the world with this... View More

J.D. Houvener
J.D. Houvener
answered on Apr 3, 2017

Yes it is possible! The government (I believe it is the DoD) would screen the application (as they do all applications) for any technology that could threaten security/safety of the public. Given your brief description, it doesn't seem to fall into that category. That said, even if there were... View More

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Florida on
Q: What State Statute in Florida states that a city is not supposed to delegae its police power to a private entity?

this is for a Red-Light Camera case that I understand to be illegal

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2016

I don't believe hiring a company to operate traffic cameras constitutes an unconstitutional delegation of police powers.

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Florida on
Q: Courts are saying I failed to report for jury duty. Their website said I was excused. What do I do now?

I used the juror website to check if I was to report. I typed in my candidate ID and it said that I was excused from jury duty

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 23, 2016

Call the jury clerk and explain this.

1 Answer | Asked in Elder Law, Gov & Administrative Law and Traffic Tickets for Florida on
Q: If an elderly person is reported to Florida DHSMV as an unsafe driver and FLDHSMV opens an investigation and determines

the elderly person is not an unsafe driver, is it then statutory to review the driver yearly?

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Sep 13, 2016

My understanding is that once the investigator determines there is no validity to the complaint, no further action is taken or required by the elderly person. I know that if the driver is over age 80, the license renewal requires a vision test. If you have received something in the mail, certainly... View More

Q: , How do i go about filing for redress at the county level for public hearing?

I only know of it as a right to do it and it is a way to get said what didn't get said,to correct wrongs. I need to know exactly who cannot file redress and for what reasons. exmp, I had a hearing for Dangerous dog in which there was much wrong doing. If able to confront a judge in a courtroom... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 29, 2016

The law says the hearing you get depends on a weighing of what is at issue vs the cost of having a full blown administrative hearing.

Your earlier notice should have said your rights if you weren't satisfied with the decision.

I would suggest you contact Legal Services/Legal...
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Q: I want to go to the court with Nasa cause they usedmy mothers ph.d in product used by pilots now

Am Egyptian and my mother's ph.d. was from Oregon state university at 1963.

I want to ask nasa to pay for that

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 24, 2016

The National Aeronautics and Space administration (NASA) used your mother's PHD degree to design a product? How do you mean they "used" her PHD? Was it the product she designed, they used her name in association with the product, or something else?

If there is a potential...
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1 Answer | Asked in Employment Law, Gov & Administrative Law, Health Care Law and Social Security for Florida on
Q: I live in Florida. Why is the claim being decided by an adjudicator in Kentucky

SS Administration sent paperwork to me ,(I reside in Florida), stating that my claim would be adjudicated in Kentucky ..Why?

I suffered a Brain stroke March 25th. I was hospitalized through the 29th..I work for Highlands County which has no disability contracted for it's employees... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 3, 2016

Because it is Social Security administrative law. My guess is the Social Security Administration doesn't have venue rules requiring that a matter be adjudicated in the state in which the applicant resides. I suggest that you contact the SSA and ask whether and how it can be transferred to... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: if statute has admin code that says on turnpikes and tractor trailers, where can the statute be used?

Florida Highway Patrol has a statute that gives them seeming unlimited authority to do anything. But there is an admin code that states on Turnpikes and tractor trailers. Does that mean that the statute power can be used through the admin code? And only in turnpikes and with tractor trailers?

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 3, 2015

I would have to read what you are talking about and probably do some research on the case law in order to answer your question.

2 Answers | Asked in Communications Law, Employment Law, Gov & Administrative Law and Public Benefits for Florida on
Q: Am I permitted legally to delete web content & pics I voluntarily created for a nonprofit I no longer affiliate with?

I worked for 2 years completely uncompensated for a nonprofit organization that I no longer wish to be associated with. While volunteering I created a website and social media page that I managed. I now want to know if I'm permitted by law to delete the content on these pages that I created... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 6, 2015

How was the web content copyrighted? If it belongs to the nonprofit, then it is theirs. I suggest that in order to avoid any problems in the future you just hand it over to the director.

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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: What are the requirements of a drug rehab facility in the state of florida?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 10, 2015

What are you asking? There are many drug rehab facilities, and each has their own requirements.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: What is the Intent of the federal regulation 45 CFR §1620

What is the Intent of the federal regulation 45 CFR §1620 ?

There are Legal Services Corpoation Grantees that DO NOT Follow these Regualtions Adequately! Should these Regualations be monitored and enforced more rigorously?

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 10, 2015

Any attorney would need to do some research to answer these questions. You can look up the matters online most likely.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: What should the Handicap facilities at marina docks with public access
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 10, 2015

The question is incomplete and was asked over 4 years ago. Get advice from a local lawyer.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: How do I file a notice of hearing
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 9, 2015

Did you get an answer to this from another source back then?

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: What time of the day does an enacted law go into effect?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 9, 2015

Why do you ask? It is probably effective at 12:01 perhaps 12:00 of the effective date.

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