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Florida Gov & Administrative Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Gov & Administrative Law for Florida on
Q: If your HOA retaliated against you, can I file a complaint in Federal Court or Civil Court?

My HOA retaliated against me after being caught using my water in my property. At the same time my fence which was being replace was installed improperly, and it was fixed, did not allow me to extend it like other neighbors. They added a lien on my property after I sent my HOA dues and refuse to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 1, 2020

It doesn't appear to involve a federal question, so no, you can't sue in federal court.

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Government Contracts and Small Claims for Florida on
Q: If you leave your property on city property does it become owned by the city?

Volunteers/nonprofit leaving goods overnight.

City then uses such goods, and claims such property is owned by them.

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

If it's abandoned, and whether that is the case depends on all of the circumstance, it can be taken by anyone.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can I loan my son $120,000 w/ promissory note using his homestead as security? Can it be recorded? Better Ideas welcome
Charles M.  Baron
Charles M. Baron answered on Jun 22, 2020

Yes, with a recorded note and mortgage, but if there is already a mortgage for a home loan, the lender has priority, so if the lender forecloses, you'll end up on the short end.

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Florida on
Q: Can DEO get away with not dispersing the $600 per week PUA money I qualify for?

I am eligible under the Care's Act for PUA as a 1099 worker. I was also eligible for unemployment as a 1040 worker. I received back pay for unemployment but not the PUA funds. The DEO is not communicating with me, and can not answer my questions, friends from other states have already received... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 10, 2020

No, DEO is not "committing fraud." Since DEO is the final decision-maker as to whether or not you are entitled to the extra money given to DEO under the CARES Act I strongly suggest that you stop fighting with them and just wait for the DEO bureaucracy to catch up with the thousands of... Read more »

Q: I'm a civilian federal employee for the USAF, how can the FAA pay its employees more in the same career field as me?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

Probably because the USAF and the FAA are legally not the same employer; neither is any other federal agency the same as the FAA or the USAF. FYI: Every federal agency employer is different from all others; and the military civilian corps is completely different than that of any federal agency.

1 Answer | Asked in Divorce and Gov & Administrative Law for Florida on
Q: With Covid19 in effect what are the legal guide lines for phone hearings? Why are they not recorded?

I had an exceptions hearing over the phone, opposing council was allowed to talk and I was not, I was the one that filed for exceptions. I don't understand how that is legal, and when I tried to get a copy of the hearing they said that they weren't recording them? When I asked the judge... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 7, 2020

Of your list of grievances, the only one that seems to be a possible infringement of your rights was the denial of your right to argue on your own behalf. That is a procedural due process right IN GENERAL for pro se litigants in hearings, with some exceptions. Relief for a trial court... Read more »

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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