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Florida Gov & Administrative Law Questions & Answers
2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Gov & Administrative Law for Florida on
Q: what are my options once contract signed for car loan process, same day dealer drop price and continued advertising new

After singing and in processing used car loan agreement contract, in the same day local tampa bay dealer drop car price continue advertising price drop. Am I entitled to new car price drop, even loan contract signed,send forbank approval?? what are my options. Thanks,

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2020

The (amazing) fact that the dealer lowered the price on the same used car that you were purchasing that same day has nothing to do with your transaction. The written contract you signed was complete when signed.

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2 Answers | Asked in Tax Law and Gov & Administrative Law for Florida on
Q: Do I qualify for the coronavirus-related distributions?

Live in South Florida, fell ill in March with a sore throat, low grade fever, etc.... but didn't meet the criteria to be tested. You had to be hospitalized or 65 or older at that time. I am 55. I self quarantined like the task forced asked us to do. I had just started to work for Instacart... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 7, 2020

For starters, I can tell you that if you and your deceased husband filed a joint income tax return for calendar year 2018 or 2019 you each are entitled to receive $1,200. And since your husband was alive when the stimulus legislation was enacted (mid-January), you can keep the $1,200 earmarked for... Read more »

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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 Gov & Administrative Law, Family Law, Child Custody and Civil Rights for Florida on
Q: In a state of emergency do courts still have to follow time restrictions

My case is a shelter hearing took place and now I'm waiting 40 Days for arraignment and to take it to trial. They have taken my child with the statements of an ex who we are in a nasty custody battle and a investigator who did not administer a drug screen properly nor investigate the whole... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2020

No, of course not.

How do you expect the Florida courts to keep up with all the traffic when most of the court staff is in lockdown ordered by the governor? But the Good news is that you have plenty of extra time to think up your story and plot your defense. Right?

2 Answers | Asked in Family Law, Gov & Administrative Law and Social Security for Florida on
Q: Husband died of last 17years not together I need death certificate to turn in BUT DONT HAVE HIS TOWN OR SS NUMBER ???
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2020

This is no a legal problem; it is a ancient personal problem that cannot be solved by lawyers here on Justia. However, I will tell you that there are lawyers and others who can perform miracles doing "skip-tracing" (finding deadbeats); hire one.

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1 Answer | Asked in Employment Law, Gov & Administrative Law and Health Care Law for Florida on
Q: Parttime respiratory therapist taking LOA for childcare during COVID-19 pandemic.

Parttime respiratory therapist for large hospital. Asked for LOA at end of March for childcare related. Hospital just now sent me one paper to sign this week stating I am Unwilling to work due to exposure to COVID-19 and do not have job protection. We do not put our child in daycare.... Read more »

Alberto Naranjo
Alberto Naranjo answered on Apr 17, 2020

For this new type of FMLA under the Family First Coronavirus Response Act the number of hours does not matter play a factor from my understanding but the reason your requesting the leave is very important and not everyone qualifies. I provided the information that is on the Department of Labor... Read more »

1 Answer | Asked in Gov & Administrative Law, Tax Law and Child Support for Florida on
Q: The FL DOR stated to me they are NOT participating in stimilulus deferment. Is this true and does Treasury override?

I receive a minimum SSDI income, and have one dependent child. I also have one 21yo son for whom I am responsible for arrearages in the state of FL. The arrearages are deducted automatically via ssdi garnishments and have been made every month to include payments prior to his 18th bday since 2012,... Read more »

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

Sorry, but as I understand it the stimulus checks will be subject to child support garnishments, in the same way that income tax refunds are.

1 Answer | Asked in Gov & Administrative Law, Health Care Law and Libel & Slander for Florida on
Q: How long are voicemails retained? How much time passes before they can no longer be subpoenaed?

One is Assurance Wireless under Virgin Mobile under Sprint

The other is Bay Pines VA Center Carrier unknown.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 30, 2020

Why not ask them?

1 Answer | Asked in Employment Law and Gov & Administrative Law for Florida on
Q: I'm working as a contractor thru an agency KForce(2400 emp) My placement end 3/31 due to virus. Can HR6201 help me?

My placement is with an employer with less than 500 employees, but because I'm paid through KForce, does that mean I won't be entitled to any of the paid sick or paid leave policies outline in the new legislation? What can I do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 20, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to answer any of the scores of "what if" questions being posted by askers... Read more »

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... Read 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... Read 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.... Read 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... Read 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... Read more »

Sasha Dadan Bonna
Sasha Dadan Bonna 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... Read more »

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