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Florida Gov & Administrative Law Questions & Answers
1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Florida on
Q: My Public Defender LIED about what 'adjudicated' meant to get me to plea guilty. Is there a Statute of limitations?

REVISED. 25 yrs ago I was arrested with a serious charge. My PD was Mad because I wouldn't plea. I Firmly stated I was innocent and only plea, NOT guilty! The Judge's counsel, however, was, 'one never knows how a jury will vote, so if the outcomes bad [jail] perhaps a plea is... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 3, 2024

I'm wondering if you actually had an adjudication of guilt or instead a withhold of adjudication. Both phrases have the word "adjudication" in them, but are completely different. An adjudication of guilt equals a conviction. A withhold of adjudication (often referred to simply as... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Florida on
Q: If a prosecutor is deemed DELINQUENT, PROHIBITED from practicing law, how can they still try a case in front of jury

Florida Bar RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS

(b) Minimum Hourly Continuing Legal Education

Every member must complete a minimum of 30 credit hrs of approved continuing legal education activity every 3yrs

RULE 6-10.5 DELINQUENCY

(a) If a member... View More

James L. Arrasmith
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answered on Jul 21, 2024

If a prosecutor is delinquent and prohibited from practicing law, they are not allowed to try a case in front of a jury. According to the Florida Bar rules, failing to meet the minimum continuing legal education requirements results in delinquency. This status means the prosecutor is no longer in... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Is it Legal in the state of Florida for a 16 year old to open carry a rifle when fishing
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2024

Yes.

Florida Statute 790.25 provides that "(2) ... Notwithstanding ss. 790.01, 790.053, and 790.06, the following persons may own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes if they are not otherwise prohibited from owning or...
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Q: Can Miami dade fire department enforce a law on a bussiness when previous years did not do it without any prior warning?

Hi I own a six 6 bed adult living facility in Miami Florida since 2019.This is a women minority own business. I have been licensed by Agency for Health Care Administration (AHCA ) and every year have been inspected by Miami-Dade Fire Rescue Department. I have been passing all my inspections. This... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2024

Under the facts described, whether you have a valid case depends on the language of any warranty provided to you but probably not.

Contractors are generally required to comply with Code, for example by making sure that the windows comply with size requirements. Suing a contractor,...
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1 Answer | Asked in Civil Rights, Constitutional Law, Military Law and Gov & Administrative Law for Florida on
Q: I am 19 years old and I am in the Florida national guard. Can I buy a handgun

I am a service member under FS 250.01 (19), according to FDACS website I am also allowed “to carry a concealed weapon or concealed firearm if you are 18 years of age or older”. And under FL Statue 790.0655 (2)(d)(9) I am allowed to purchase a rifle or shotgun under 21. My question is am I... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a complex question that involves federal and state laws, as well as specific exemptions for military members. Let's break it down:

1. Federal law: Generally, federal law prohibits licensed firearms dealers (FFLs) from selling handguns to individuals under 21. This applies...
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1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Florida on
Q: In Florida can you be trespassed from somewhere you have never been or havent been in over 1 year?

I got a trespass warning tuesday from a location I have never been, and all the statutes it sources say you were already on the property without consent, and based off of the wording in chapter 810 (burglary and trespass statute) I needed to be on the property and asked to leave, or told I'm... View More

James L. Arrasmith
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answered on Jun 21, 2024

To provide a concise response to this legal question:

In Florida, it's generally not typical to receive a trespass warning for a property you've never visited or haven't been to in over a year. Trespass warnings are usually given when someone is on a property without...
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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Florida on
Q: If I have a car that was left in my driveway and the owner no longer returns calls or texts, how do I claim it?
James L. Arrasmith
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answered on May 29, 2024

If a car has been left in your driveway and the owner is unresponsive, you will need to follow legal procedures to claim it.

Start by contacting your local police department to report the abandoned vehicle. They will typically run a check to ensure it is not stolen and may try to contact...
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1 Answer | Asked in Tax Law and Gov & Administrative Law for Florida on
Q: Does an acupuncturist need a tax permit to provide in- home treatment services in Lake County FL?
James L. Arrasmith
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answered on May 21, 2024

In the state of Florida, including Lake County, acupuncturists are required to obtain a license from the Florida Board of Acupuncture to practice acupuncture legally. This is outlined in the Florida Statutes, Chapter 457.

However, regarding a tax permit for in-home treatment services, the...
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1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Immigration Law for Florida on
Q: I rented an airplane outside of the flight school. Is this considered a Homeland Security Violation and criminal act?

I am a F-1 student in Florida working as a flight instructor in a flight school. The school canceled my i-20 saying i did a Homeland Security Violation for following reason.

It says on the contract that I cannot fly an airplane other than school’s plane but I rented an airplane to build... View More

James L. Arrasmith
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answered on Apr 5, 2024

This is a complex situation involving immigration law, flight school policies, and potential Homeland Security regulations. Based on the information provided, it's unclear whether renting an airplane outside of the flight school would be considered a direct violation of Homeland Security... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Who do I request a Judges docket Clerk of the Court General Counsel of the Circuit Administrator of the Court

I have been requesting a 2 week time period for dockets of a specific judge for 7 months now and still don't have it and get the runaround.

I've requested from the following:

Clerk of the Court

General Counsel of the Circuit

Administrator of the Court

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 29, 2024

I'm not sure why you are requesting the judge's docket but if you are looking for hearing times you need to look at the judge's rules or procedures about how to set hearings. Some judges have their available hearing times online through JACS or a similar program and some judges... View More

1 Answer | Asked in Employment Law, Health Care Law and Gov & Administrative Law for Florida on
Q: what happens if I am supervising someone whose Provisional Mental health license has just expired

I am a licensed Psychologist and have been supervising a person who held a provisional license. A condition of his employment with me was that he take his exam. Regardless of reminders and pressure from me, he did not take the exam until last week (this has gone on for two years now). He found out... View More

Shayla N. Waldon
Shayla N. Waldon
answered on Mar 27, 2024

I believe that the answer here is dependent on a number of factors, including the person's specific role, as well as how you may have defined the terms and conditions of employment in any offer provided to the person. These are things that a potential plaintiff can hang his/her hat on to... View More

1 Answer | Asked in Federal Crimes, Employment Law and Gov & Administrative Law for Florida on
Q: the TSA is investigating a violation of the TSR title 49 CFR 1540.105 a violation of regs for civil penalty for 14,950

Test was given at my post which I failed on purpose to inevitibly quit my position at FLL now they what to file civil penalties against me. when anyone whose has failed before is just given a slap on the wrist. I would like to what actions i should take in protecting myself and if it is legal to... View More

James L. Arrasmith
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answered on Mar 22, 2024

If you are facing an investigation or civil penalties from the TSA, particularly regarding a situation at your workplace like the one described, it's critical to seek legal advice from an attorney familiar with employment and administrative law, especially those who have experience with TSA... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: How do I interpret a specific statue? What type of attorney would I need to file against a county department?

815.062 Offenses against governmental entities.—

Charles M.  Baron
Charles M. Baron
answered on Mar 20, 2024

You cite Fla. Statute Sec. 815.062, a statute that's pretty clear on its face and criminalizes certain acts committed against governmental entities. It's unclear why you mention that statute in conjunction with suing a county entity, as that statute is only about charging someone with a... View More

2 Answers | Asked in Consumer Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: gettting retainer refund

hired a firm but after thye missedd 2 conferences and me hjaing to ask over and over about status i hear nothing ican assume no work has been done how cani get my funds back ?

Angelo "Tony" Marino Jr.
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answered on Mar 13, 2024

I assume you are talking about a law firm. You can discharge a law firm at any time. However, the firm is entitled to a fee for what they have done. Depending on your agreement, it may be based on an hourly agreement or a contingency agreement. For example, if your agreement is hourly, and the... View More

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2 Answers | Asked in Consumer Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: gettting retainer refund

hired a firm but after thye missedd 2 conferences and me hjaing to ask over and over about status i hear nothing ican assume no work has been done how cani get my funds back ?

James L. Arrasmith
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answered on Mar 13, 2024

I'm sorry to hear you're having trouble with the law firm you hired. It sounds like a very frustrating situation. Here are some steps you can take to try to get a refund of your retainer:

1. Document everything: Gather any emails, letters, contracts, receipts or other records...
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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: What should I do after I found out I could not use my dad’s Social Security after he passed away for the current month

He passed 2-24 his social security came In 2-28 many months ago my dad said that I could pay bills for the current month of his death but not after I found out that’s not true and I don’t want to get in trouble, so what should I do so I don’t go to jail

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 6, 2024

If I understand correctly, Social Security payments made payable to your father were being deposited into a checking account from which you were authorized to write checks. If such a payment is deposited into the account and if the payment is for, either in whole or part, sometime after the date... View More

1 Answer | Asked in Consumer Law and Gov & Administrative Law for Florida on
Q: car dealership knowingly allowed someone other than myself to sign my name and traded in my vehicle for another what now

dealership = brevard co. person that signed = volusia co. my residence = levy co.

the same dealership ‘retired’ the tag on my cobalt to create a credit for the above mentioned vehicle also without my knowledge. i was arrested for driving on a ‘dead tag’. this happened twice, as... View More

James L. Arrasmith
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answered on Mar 5, 2024

Based on the information you've provided, it appears that the car dealership engaged in fraudulent activities by allowing someone else to sign your name and trade in your vehicle without your knowledge or consent. This is a serious matter that may involve multiple legal issues, including... View More

2 Answers | Asked in Civil Rights, Personal Injury, Gov & Administrative Law and Municipal Law for Florida on
Q: Can I sue a police department for not doing their job by not properly investigating a murder?

The case file in the beginning, ended up missing all the information given, and the second detective ended up with an empty case file, and no one knows where all the information went. There’s more to this as well.

James L. Arrasmith
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answered on Feb 28, 2024

Yes, you may have grounds to file a lawsuit against the police department for negligence or failure to properly investigate a murder. The mishandling of crucial case information, such as missing files and empty case folders, raises serious concerns about the department's handling of the... View More

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2 Answers | Asked in Civil Rights, Personal Injury, Gov & Administrative Law and Municipal Law for Florida on
Q: Can I sue a police department for not doing their job by not properly investigating a murder?

The case file in the beginning, ended up missing all the information given, and the second detective ended up with an empty case file, and no one knows where all the information went. There’s more to this as well.

Ben Bingham
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Ben Bingham
answered on Mar 7, 2024

Suing a police department for a failure in conducting a proper investigation, especially in a murder case, is a nuanced and intricate legal matter. While challenging, it's not impossible under certain circumstances.

Establishing a Breach of Duty: You'd need to prove that the...
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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: How do i get title to my deceased ex-husbands truck that has been in my back yard since 2016?

I would like to give it to a church member to maybe repair and drive, however title is in deceased ex-husbands name. Can court can bypass DMV and issue me a title, or is there a better way of going about this?

James L. Arrasmith
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answered on Feb 23, 2024

In order to obtain title to your deceased ex-husband's truck, you may need to go through a legal process to transfer ownership. Typically, this involves probate court proceedings to settle the deceased's estate and transfer assets to heirs or beneficiaries. If your ex-husband had a will,... View More

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