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Florida Municipal Law Questions & Answers
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... Read 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:... Read more »

2 Answers | Asked in Criminal Law and Municipal Law for Florida on
Q: If I entered a gated community in Florida with no trespassing signs but didn’t enter anyone’s property is that trespass

If I entered a gated community, in Florida that has no trespassing signs, but did not enter anyone’s private property only hanged out on the communities playground and did not leave when asked by a homeowner is that considered trespassing?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 4, 2023

Absolutely! Gated communities have private streets that are owned by the community. They do not need trespassing signs. The fact that there are gates are your notice you need to be an owner or invited into the community.

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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... Read more »

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1 Answer | Asked in Internet Law, Juvenile Law, Municipal Law and Civil Litigation for Florida on
Q: Do I need a consent form from a stranger to show them in a monetized YouTube video?

I'm planning on making YouTube videos in which I record conversations with people in public places (with a cashier, waiter, person at the park, etc.) and then use that clip to help teach people English by explaining the meaning of what I and the stranger said. My YouTube channel is... Read more »

J. Tanner James
J. Tanner James
answered on Sep 20, 2022

A signed release is always your best option. Depending on your location, you could be dealing with privacy laws AND publicity laws, and a failure to obtain a signed release could expose you to serious civil liability. Given the purported nature of your videos, I would imagine participants would... Read more »

1 Answer | Asked in Real Estate Law, Collections, Gov & Administrative Law and Municipal Law for Florida on
Q: Can you have a daily accruing fine without notice for five years?

I repaired a city code violation in an apartment I own as I normally would so that I could rerent the apartment, it was air conditioning problem. After five years without any notice and thinking the matter was taken care of, I received a letter from code enforcement saying that my daily accrued... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 16, 2022

I am unable to advise you on this important matter without first being able to see the original notice of code violation that you received from the city five years ago (you can request a copy) and reviewing the specific section of the Code(as it was five years ago) the city is using to try to... Read more »

1 Answer | Asked in Civil Rights and Municipal Law for Florida on
Q: The mall next to my school won't let students get picked up or go there starting 2:40 to 5:30, but it's a public mall.

I'm a senior in High school from Florida the Police won't let anyone in unless you're 18 and show your driver's license.

When I got a paper from our school telling us we couldn't go to the mall, the paper had no phone number and was not signed by anyone or the city.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 19, 2022

The privately-owned mall you want to have fun in after school--and all other privately owned malls, shopping centers, grocery stores, shoe stores, movie theatres, tennis courts, golf courses, etc., are entitled to establish rules regarding public use of their private property. They are also allowed... Read more »

1 Answer | Asked in Civil Rights, Estate Planning, Construction Law and Municipal Law for Florida on
Q: In Eatonville FL, we need to know if there are exceptions for Code of Ordinances, sec. 60.77, such as noise or privacy.

We live in a corner lot, and we would like to build a 6 foot fence on the property perimeter. We'd like to know how far can we take the fence to the line property, and if we can consider one of the "fronts" of a corner property as a "side". Only the "main"... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 26, 2021

The Eatonville Code of Ordinances is here:

http://eatonville-fl.elaws.us/code/coor

A brief review of it doesn't reveal any problem with what you want to do, but of course you should contact the Planning Department and get a permit. They should be able to guide you.

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Municipal Law for Florida on
Q: I signed a lease renewal now they've email me saying its a error with the price being lower then they mention i Orlando

I signed a lease renewal also sent a updated renters insurance and now they're emailing saying that they made a error that rent will be 600 more then expect but they will take off 200 and a free carpet clean I'm only 26 stay sodo downtown Orlando i never had this happen and don't... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2021

It appears that they may not be able to enforce their demand for $600 more. You signed the lease and, apparently they received it so I would argue that they are stuck with you.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for Florida on
Q: If a municipal planning department negligently acts to pass along for approval to the P&Z commission having jursisdictio

a set of plans which would result in the violation of the rights of the adjacent residents, could that be an actionable offense under 42 USC 1983 ?

Charles M.  Baron
Charles M. Baron
answered on Jun 26, 2021

No, and you really need to schedule a consultation with a land use & zoning attorney to evaluate your situation and explain your legal rights. 42 U.S.C. Sec. 1983, which provides a legal cause of action for violation of Federal constitutional or statutory rights, does not apply to complaints... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law, Civil Litigation and Municipal Law for Florida on
Q: Can I park in front of my Lot/house on the street according to the bylaws below?

No vehicle shall be parked anywhere but on

paved areas intended for that purpose. Parking on lawns or landscaped areas is prohibited,

unless specifically approved or designated for such purpose. Lot Owners' or Residents'

automobiles shall be parked in the garage or... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 9, 2021

That question is impossible to answer without seeing the plat and the location of your lot on the plat. While parking on roadways in front of your own house are generally permitted, there are exceptions for certain roadways and you cannot park on the roadway if you lot is located on one of the... Read more »

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1 Answer | Asked in Real Estate Law and Municipal Law for Florida on
Q: Are Florida HOAs (chapter 720) now required to have a website the same as COAs are per chapter 718 changes as of 2018?

I read that Chapter 718 now requires condo associations to implement a website for the COA under 2018 changes to Florida law. I am president of a FL HOA governed by Chapter 720. I'm trying to locate the similar requirement under Chapter 720 law. Are HOAs also now required by law to... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 7, 2020

No, there is no requirement for HOAs to have a website. Chapter 720 is a little confusing because it requires a HOA to have their estoppel information on their website, but that has been interpreted to mean if they have a website it must include the estoppel information.

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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