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Florida Municipal Law Questions & Answers
1 Answer | Asked in Personal Injury and Municipal Law for Florida on
Q: Why can't the police unions be sued if they interfere with the discharging or hiring of officers with procedural violati
Charles M.  Baron
Charles M. Baron answered on Oct 15, 2020

Your inquiry is too vague as to the "interference" you are referring to.

1 Answer | Asked in Real Estate Law and Municipal Law for Florida on
Q: Is a power of attorney from myself to a relative in Puerto Rico from total legal valid in puerto Rico

I live in Florida and cannot travel to Puerto Rico, my cousin lives in Puerto Rico and can handle the land and house my father left when he died in June 2020

Tim Akpinar
Tim Akpinar answered on Oct 9, 2020

This sounds like something that an attorney practicing in Puerto Rico could advise best on - you may want to repost it there. But you await an answer for three weeks. As a GENERAL matter, jurisdictions could have their own requirements for POAs. But as a general matter, it can SOMETIMES be at the... Read more »

1 Answer | Asked in Municipal Law for Florida on
Q: Is it possible for home owners in a specific area to file a class action lawsuit against the city for negligence?

The area of town in which I live in has very badly maintained roads. The city has started repair on roads in another part of town where the roads are in good shape. Ours have been neglected for years and are not only dangerous, but our property values are not increasing at the same rate as other... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 26, 2020

A Florida attorney could advise best, but your question remains open for two weeks. There might be more effective less costly methods of trying to bring attention to the roads of your community. One option could be to reach out to your elected officials, starting out at the local level. Such a... Read more »

1 Answer | Asked in Municipal Law for Florida on
Q: Can the city force my to unplug my boat ? They do allow RV's and campers to be plugged in.

I live in Oak Hill Florida. I have a 42 foot boat moored to my dock in my backyard canal. i have lived here about 25 years and have always had a big boat and kept it plugged into my electric to keep the inside integrity of my boat good and free from mold.

Tim Akpinar
Tim Akpinar answered on Sep 18, 2020

A Florida attorney would be able to advise best, but your question remains open for five weeks. If a statute is cited in the prohibition, you could look into the reasoning behind it. You could research the statute or consult with attorneys who are familiar with the priorities and goals of local... Read more »

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... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Entertainment / Sports and Municipal Law for Florida on
Q: My son fell out of a tree and was seriously hurt at a park in Lake Worth Fl. Can the park be held accountable?

Broken L4 & L5, broken Rt Hip with surgery, shattered pelvic bone with Pelvic Ring insertion surgery

Charles M.  Baron
Charles M. Baron answered on Aug 6, 2020

So sorry to hear about your son's injuries. The local government that owns the park could be liable depending on all the facts and circumstances. The issue is, what did the park or government staff do WRONG; how is it their fault? If you are asking if they are AUTOMATICALLY liable for any... Read more »

1 Answer | Asked in Municipal Law for Florida on
Q: Can I get out of paying below ordinance?

I received a bill from City of Umatilla (which I am a resident), for a bill of $144 for a storm water service back dated to 2017. I don't have water or sewer from city. I have well and septic tank. then there will be a $4 month added to my trash pickup bill. I don't think I should have to... Read more »

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

The symbol means "section".

1 Answer | Asked in Land Use & Zoning, Municipal Law and Small Claims for Florida on
Q: We are an HOA in Florida many properties adjoining the golf course.

Many golfers encroach on private property of homeowners imposing on their privacy and at times damaging property. How can we mitigate that? Fines? Civil Tickets? The course is owned by the City. Thank you.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 26, 2020

"No trespassing" signs would be a start.

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... Read 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... Read more »

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1 Answer | Asked in Constitutional Law and Municipal Law for Florida on
Q: Can Governor overrule a Mayor or County Commissioner stay at home order?

We are having a debate about governor powers over the state.

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

Yes, he probably can. Start your discussion by reviewing the governor's order; I believe it sets forth his statutory authority.

1 Answer | Asked in Municipal Law for Florida on
Q: As part of a city code is the "Intent Statement" an enforceable section if the following code does not support it?
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 6, 2020

In general, no. The intent statement is included in case there is uncertainty as to what the main part of the law was really intended to do.

1 Answer | Asked in Immigration Law, Traffic Tickets, Civil Rights and Municipal Law for Florida on
Q: Can we get in trouble? Thank you!

Me and my father are living in Florida, and he got the Nevada Driver's License, because there he has the documents that they required. We bought a car in Colorado. But now we are in Florida, with Nevada drivers license only, we don't have the required documents to get a Florida's... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 25, 2019

You probably want to speak with an immigration attorney in Florida. If you do get pulled over, the officer may ask questions that could reveal your legal status in the country. If the jurisdiction in which you are pulled over has an interagency agreement with ICE, simply being pulled over and... Read more »

1 Answer | Asked in Energy, Oil and Gas and Municipal Law for Florida on
Q: What obligations do Municipalities have to locate and mark abandoned underground utilities for contractors?

I am a contractor for a large utility company and on a recent job i absorbed a tremendous amount of profit loss because a local municipality did not locate abandoned underground utilities in an easement. By not doing so it cost us to go over our budget. Is there any way to hold them accountable? I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 18, 2019

Your best (only) bet is to complain about this situation to a few members of the city council and ask them how to file a "complaint" about the incident. Most if not all municipal governments carry liability insurance to avoid having to pay "damages" for not doing their job:... Read more »

1 Answer | Asked in Civil Rights, Small Claims and Municipal Law for Florida on
Q: What can I do about loud and rude Airbnb party house?

There’s a small apartment building next to mine which is rented out on airbnb exclusively for parties. They usually party very late with loud music and can stay up all night. Earplugs don't help. As it’s different people every time, asking them to be quiet has gotten really old. The host... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 20, 2019

An attorney can definitely help you to solve this terrible problem. There are three issues to examine: (A) whether the AirBnB rental is legal to begin with, which will depend on your city zoning code and other ordinances, (B) whether the noise exceeds permissible noise levels specified in your... Read more »

2 Answers | Asked in Elder Law and Municipal Law for Florida on
Q: Can a city government impose exorbitant civil fines on a senior citizen FL homesteader with income below poverty line?

There is a 72 year old female senior citizen who lives as a single woman in her "Safe Haven" homestead residence in Saint Petersburg, FL, with total annual income of $7,800 approx. which is well below the IRS poverty line limits. The city government of Saint Petersburg FL is repeatedly... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2018

Her homestead status protects her from foreclosure/eviction, not from fines. Also, her age does not protect her from fines. She needs to hire an attorney (or see if the local Legal Aid/Legal Services office can represent her) to contest the code violations at the hearing. Often, the code... Read more »

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1 Answer | Asked in Municipal Law and Land Use & Zoning for Florida on
Q: Can i sue my city & a few builders & surveyoring companies for willfully violating building code?

In my area (4 streets) every lot is zoned as Duplex. Either single family or duplex could be built. The interior setback (distance from property line between two lots) is minimum 7.5' in city Ordinance building code for DPX lots (also confirmed by Zoning department ).

Now, Builders are... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 13, 2018

Perhaps, although the city and building inspectors probably would prevail; if they are relying upon fraudulent surveys.

I'm not sure that a 10' separation between buildings would be a significantly greater fire hazard than a 30' separation, but you probably would need an...
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1 Answer | Asked in Civil Litigation, Municipal Law, Consumer Law and Criminal Law for Florida on
Q: If I was asked not to return to a store in Florida, is there a time limit to how long I can be trespassed for that store

If there is a time limit, how long is the trespass in effect for? I was just given a verbal warning by the store manager not to return. No paperwork or charges were filed. I am allowed to go to other stores with the same name; just not that location. (I asked the store manager upon him asking me to... Read more »

Tina El Fadel
Tina El Fadel answered on Apr 4, 2018

You should not risk returning to that store location if you were told not to. You do not want to get arrested for trespassing. If you are able to go to other store locations but not one specific store, stay away from that store, period. No need to cause problems for yourself when you can go to... Read more »

2 Answers | Asked in Consumer Law, Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Florida on
Q: Is it legal to open carry a knife in Florida?

I understand in Georgia you cannot open carry a knife longer than 5 inches. A man talked at a sporting goods store said it is illegal to open carry a knife in Florida, and from my understanding, it is legal.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 23, 2018

There doesn't appear to be a similar provision in Florida law. See

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790ContentsIndex.html&StatuteYear=2017&Title=%2D%3E2017%2D%3EChapter%20790

Florida Statute...
Read more »

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3 Answers | Asked in Gov & Administrative Law, Real Estate Law, Civil Rights and Municipal Law for Florida on
Q: It is unconstitutional for my local city to charge me $100/day for violating a city ordinance regarding recreational veh

I keep a boat on the side of my yard behind a fence. The city is imposing a $100/day fine for violating the city ordinance of no recreational vehicles after hours and on weekends. It's on my private property. I am not part of an HOA or gated community. I have no plans to remove the boat. Is a... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Oct 11, 2017

No way to say for sure without being able to review the ordinance and the paperwork you have received.

You need to hire an attorney to assist you as the fine is likely supported by the authority of the city as a governmental body.

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1 Answer | Asked in Real Estate Law, Municipal Law and Small Claims for Florida on
Q: neighbor's tree leaning on our house after storm. Who's responsible?

Tree still attached and rooted in neighbor's yard, but landed on my house. Need removal

Jennifer Isaksen
Jennifer Isaksen answered on Sep 20, 2017

I am sorry for your misfortune and I'm sorry to say, you are most likely responsible for repairs to the home and tree removal, unless you can prove your neighbor was negligent by not caring for a decayed tree or somehow the tree caused a dangerous condition and should have been trimmed or... Read more »

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