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COVID-19 Florida Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: Can I expedite my filed simplified divorce?

I am filed already awaiting final hearing date (amongst COVID) but I am up against a military deployment and would like it finalized before I go circa 2 months.

Jean Richardson
Jean Richardson
answered on May 22, 2020

If there are no attorneys involved, call the other party and let him/her know that you would like to request an expedited final hearing from the court. If he/she agrees, call the JA and let her know that you have conferred with the other party and he/she agrees to an expedited hearing due to... View More

1 Answer | Asked in Employment Law for Florida on
Q: Can I be legally fired for refusing a " mandatory " covid19 test at work? I am a high risk, due to having asthma.

I basically live off of inhalers and would know if I had any kind of illness. I'm simply not comfortable being tested for it.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 19, 2020

Yes. Why? Because Florida is an “at will” state, which means private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing ANY employers cannot do is make any of these adverse... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Were on a month to month rental agreement and we were just told by the property manager that we have to be out by may 30

2020. My husband was in jail and I talked to the property manager and explained to him that he will pay when he gets out of jail and he's just been home a week and he can't pay the rent right now because of losing his job and his bank account is frozen to fraudulent activity and we have... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 15, 2020

A 15 day notice is the minimum amount of time the landlord is required to give you on a month to month lease. The Covid 19 restrictions do not prevent a landlord from evicting a tenant for anything but the nonpayment of rent; and in fact the restriction is on the sheriff from serving a writ of... View More

1 Answer | Asked in Employment Law for Florida on
Q: since Covid-19 I’ve developed respiratory issues due to disinfectants. currently working from home. what are my rights

I work for an optometrist and lots of disinfectants are being used. I’m seeing a pulmonologist on Tuesday. If I need to continue working from home do I have any rights

Kyle Anderson
Kyle Anderson
answered on May 14, 2020

If your pulmonologist diagnoses you with a respiratory illness that affects the major life activity of breathing, it may qualify as a disability under the ADA. If so, you would be able to request a reasonable accommodation of working from home based on the disability. However, this is hypothetical... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Could I be evicted with no lease agreement

You

My boyfriend has been living at this rental property for 3 years now. I moved in with him last year in May. He has been paying $350 in rent every month. He has text message receipts or texts stating that’ he paid and a couple paper receipts that were written to him. We notified the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 13, 2020

Of course you can, although eviction may not be the appropriate remedy to get you out. You had 5 days to answer the allegations of the eviction complaint, so there may be a default against you and your boyfriend. I suggest that you contact a lawyer, perhaps Legal Aid, immediately, as in tomorrow,... View More

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: I’ve been a subtenant for 1.5 years. I was given 24 days notice to move during COVID... paid services being turned off.

Tenant told me my sublease is illegal and landlord doesn’t even know I live here. She gave me a notice to leave by May 30. Then verbally changed it to May 14... she won’t give me this is writing. THEN I heard her on the phone switching services back into the landlords name for the 11th. I’ve... View More

Charles M.  Baron
Charles M. Baron
answered on May 10, 2020

Get an attorney, of course - not scrounge around for on-line advice. If you can't afford the hundreds and possibly thousands of dollars for representation by a private counsel, contact your local Legal Services or Legal Aid office - one of their main areas of work is landlord-tenant. If you... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: can i defer payment for condo association in broward county florida for 2nd qtr maintenance fees due to covid 19 issues

i am asking as a homeowner my hoa for a repayment or forebearance payment plan with condo association they denied any type of repayment plans related due to covid 19

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on May 9, 2020

There is no Covid-19 related law or regulation that affects this type of financial obligation. The due date is the due date and any extension is up to the association. Your question is unclear but it seems they denied your request. The association has its own obligations and that is why the... View More

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2 Answers | Asked in Employment Discrimination for Florida on
Q: I was out for over 15 days due to covid 19 -symptoms. Company didn’t give me the 80 hrs paid but force me to used pto

Can the company i work for force us to used our pto . And used all of our pto for being out due to covid 19.

I was sent home from work cause of my symptoms, after being tested the firts time results came back incompleted.

I had to get retested and cleared to come back to work .... View More

Kevin Sanderson
Kevin Sanderson
answered on May 8, 2020

Under the new Families First Coronavirus Response Act, or FFCRA, most employers are required to give you 80 hours or 2 weeks paid under your circumstances. I would ask for this to be applied to that time, to be paid and have your pto restored. If they deny, you can contact the Department of... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: CanFlorida condo association have annual meeting via zoom /count ballots to elect a new Board on Zoom during pandemic?

We have numerous problems in our condo community, many of which may be properly resolved when a new board is elected. Our current board majority of 3 always votes as a bloc and won't let the cast votes be counted on zoom nor hold the annual meeting on zoom during the pandemic? They say this... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 7, 2020

It is unclear what you mean by " the Gov's statute". The governor has made a number of emergency orders during this crisis, but none of them appear to apply. If you mean the portions of the Florida Statutes concerning corporate meetings, and particularly those of condominium... View More

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... View 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... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord harass you to move out of your rental house during Covid? Remedy if filing with the courts?

In January the realtor for the landlord dropped a note on my parents door to vacate after their lease was up March 31, 2020. My parents are 70 years old. My parents paid March rent. Mom is on oxygen and Dad has various medical issues. Covid issues began in March. On March 20th I informed the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 1, 2020

Your parents are now subject to being evicted. COVID is not an excuse to violate contracts. Your parents had 3 months notice to vacate, and it appears the LL is being reasonable. They might want to think about hiring an attorney now to negotiate with, and be their point of contact with, the... View More

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... View 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... View More

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2 Answers | Asked in Employment Law for Florida on
Q: Can an employer make me get tested for Covid-19 on my day off without pay?

*No signs or symptoms, just requiring everyone to do so

Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on May 1, 2020

The EEOC has opined that employers may require COVID-19 testing for employees if conducted in a non-discriminatory manner. The DOL has opined that time spent by current employees traveling to and from required (non-voluntary) medical tests, waiting for and undergoing these tests is... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Married for 13 years in Florida. Husband left the home 18 months ago. Still pays rent. Nothing more. He just filed for

divorce end of Match 2020. Our son called up his dad and asked to live with him as he was unhappy with his chores. He lives in Orlando. We live in St. Augustine(over 2 hours away). His dad came and picked him up 2 days ago. I didn't want to fight with them(abuse in relationship, scared).... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 29, 2020

If you cannot reach a resolution with the father then your only remedy is to go to court. It is unlikely in the divorce that the court would split up three children. However, you will both have a timesharing schedule defining when the children are with each of you. If he filed for divorce and then... View More

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: I live in North Lauderdale at arium lakeside I have not received unemployment or stimulus check can I be evictied

My Lease is up in June

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 28, 2020

The new Cares Act passed by Congress last month provides some protection for tenants struggling to pay rent or being evicted for not paying rent. However, there are some important exceptions which might not give you any protection in your particular situation. I am advising all my clients NOT to... View More

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1 Answer | Asked in Employment Discrimination for Florida on
Q: Can an employer ask just you to produce a covid19 test if you and other co workers took a week off
Kevin Sanderson
Kevin Sanderson
answered on Apr 21, 2020

As you can understand this is a new area of law and we are all still learning. Center for Disease Control guidelines do now take precedence over Americans with Disability Act regulations. My concern here is your phrase "ask you to produce a test (result presumably) as opposed to making you... View More

3 Answers | Asked in Immigration Law for Florida on
Q: I am a permanent resident and am out of a job due to the COVID-19 pandemic. Can I file for unemployment?

Will filing for unemployment be a means for deportation or jeopardize my chances for citizenship?

Adan Vega
Adan Vega
answered on Apr 21, 2020

To be eligible for state unemployment benefits, you must fulfill the state eligibility requirements where you reside and work.

The receipt of state unemployment benefits will not negatively affect your permanent resident status nor your eligibility for naturalization provided that no...
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5 Answers | Asked in Estate Planning and Probate for Florida on
Q: Hello,My mom recently passed away in Florida. She has two IRA accounts, a 401k and life insurance with no will. She

had only two heirs, my sister and I, but I live out of the country and unable to return any time soon because of COVID-19. Her accounts total about $30k not including the life insurance. I am worried my sister will be able to take everything as I am not there. She has also already forcibly taken... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Apr 14, 2020

You should hire a probate attorney to assist you. Normally assets such as life insurance policies, and retirement accounts, such as IRA accounts and 401k allow the owner of the account to name beneficiaries and these assets pass outside of an estate to the named beneficiary. If there is no named... View More

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1 Answer | Asked in Divorce for Florida on
Q: How is coronvirus effecting speed of hearings, and time for a "still to be negotiated" divorce start to finish?

Broward website says 'nonessential' services are suspended, whatever that means.

Jean Richardson
Jean Richardson
answered on Apr 13, 2020

It depends if your case is contested or uncontested. You can still file, serve and submit the required documents. Some judges are holding zoom hearings. If uncontested, you can potentially have a zoom final hearing. I would give it 3 to 6 months if uncontested. If contested, you may have to mediate... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I have been living at my current house rental since October of 2015 with a lease. The lease was up at the end of March.

I was informed the owner was putting the house on the market and my lease would then be month to month. I paid April rent, on time. I just got a certified letter from the real estate agent that the house is sold and I have to be out by May 7. The state of FL is currently under a shelter in place... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Apr 10, 2020

Under Florida Law if you are month to month you have to given not less than 15 day notice prior to the end of the rental period that tenancy is terminated. So if you received proper notice the tenancy is terminated as of the end of April, 2020 assuming you have a month to month that starts on the... View More

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