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Florida Municipal Law Questions & Answers
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 License. We have... 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: maintaining all city... 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 is... 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 trying to... 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 expert witness to...
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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 790.10 Improper exhibition of...
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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 removed.... Read more »

1 Answer | Asked in Family Law and Municipal Law for Florida on
Q: What lawyer would help deal with a name change problem?

My wife has a name change issue from when she was in high school that is making her life difficult - we just moved to Florida and are not able to get a drivers licensce due to it.

Sabina Tomshinsky
Sabina Tomshinsky answered on May 25, 2017

A family law attorney should be able to assist. Good luck!

1 Answer | Asked in Real Estate Law, Tax Law, Landlord - Tenant and Municipal Law for Florida on
Q: The house I'm renting is being sold for taxes in April, is there anyway to buy it before it is auctioned?
Andy Wayne Williamson
Andy Wayne Williamson answered on Mar 4, 2017

Typically if the house is going up for sale for unpaid property taxes then it could mean several things. 1st, it means that the owner has not paid the taxes. Typically if an owner does not pay the property taxes and there is a mortgage on the property the bank who holds the mortgage will step in... Read more »

1 Answer | Asked in Civil Litigation, Legal Malpractice and Municipal Law for Florida on
Q: Our petition for reconsideration has been blocked on specious grounds for insufficiency. How can we get this resolved?

1043 electors (29% of voters) have petitioned the City to reconsider an ordinance. The City Clerk has declared our petition insufficient based on some falsehoods and some specious interpretations of law. None of these insufficiencies are defined in the City Charter. We have counsel, but how do we... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 1, 2016

If your counsel cannot answer your question, perhaps he or she needs to consult with an attorney with more experience in municipal law.

1 Answer | Asked in Municipal Law and Criminal Law for Florida on
Q: Broward County wants $1,200 foe court fees for possession of cocaine can charge in 1999 why so long what can I do

Isis 55 months in the state prison I'm not sure the $1200 is for court fees are for the Chargers

Terrence H Thorgaard
Terrence H Thorgaard answered on May 16, 2016

Ask your attorney, who will know more details about your case.

1 Answer | Asked in Municipal Law for Florida on
Q: When a city annexes property into the city, what does all abutting right-of-way mean in terms of police jurisdiction?

Does this mean the city's police have jurisdiction over the roadway abutting the property in question? The full roadway across to the other side of the street, or just half? What if the property on the other side is a different city?

Robert Jason De Groot
Robert Jason De Groot answered on Oct 9, 2015

One has to read it all, not just what you have written, to get a conclusion about what you have asked.

1 Answer | Asked in Municipal Law for Florida on
Q: Do I need an attorney to file for a Quieting Title or can I file myself? Do I file at the County Court?
Robert Jason De Groot
Robert Jason De Groot answered on Aug 10, 2015

You must have an attorney in my opinion. Your second question indicates this very strongly.

1 Answer | Asked in Municipal Law for Florida on
Q: Broward county "circuit civil" case.Need to subpoena someone.Only see "county civil" subpoena forms online.Same?or no?

If you have additional details about your question fill them here

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

Basically the same.

1 Answer | Asked in Municipal Law for Florida on
Q: As the owner and Board member of a Condo Association, do I have the right to silence an active fire alarm?

Local Fire Department does not have key for fire data cabinet. The cabinet is clear and they can see the alarm history. The alarm greatly exceed dB requirements and it is difficult to communicate during an emeregency due to the noise. Condo is all concrete building.

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

Read the rules and regulations. Probably.

1 Answer | Asked in Municipal Law for Florida on
Q: If my property has been declared a public nuisance what rights do i have
Robert Jason De Groot
Robert Jason De Groot answered on Aug 9, 2015

Already declared, by court? If so, read the order. You might have a right to appeal.

1 Answer | Asked in Municipal Law for Florida on
Q: Can i sell tobacco products in a retail store in Volusia county
Robert Jason De Groot
Robert Jason De Groot answered on Aug 9, 2015

Yes, if you have the proper authority and license to do so.

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