Questions tagged [florida]
Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of Florida.
249
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2
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can a parent take away property their child borrowed from me?
I bought a phone and have since let my minor cousin use the phone. Her mother has taken the phone and I told her that it is my property and needs to be returned to either me or her daughter or I will ...
14
votes
1
answer
3k
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Emergency Room Obligation
Much along the lines of Can a doctor make you pay for something you didn't explicitly agree to pay for?
Imagine Bob is struck unconscious by a hit & run, then transported by ambulance to the ...
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votes
2
answers
85
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Terminology similar to "Fruit of the poison Tree"
Fruit of the poisonous trees is a doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained.
A hypothetical ...
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0
votes
1
answer
95
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What is the standard for determining addiction?
The purchase of a firearm requires a statement that the purchaser is not addicted to controlled substances. That being said, is there a "bright line" for determining alcohol addiction? ...
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2
votes
1
answer
89
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Who is the local authority to decide if a candidate eligible to be on a ballot?
Given a 14th amendment challenge in Minnesota: https://abcnews.go.com/Politics/14th-amendment-challenges-grow-trumps-qualification-office-campaign/story?id=103118677
It is my understanding that the ...
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2
votes
1
answer
87
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Does Florida's owner/builder exemption allow me to build a guest house and a main house on my lot?
Florida statute 489.103(7) says that I'm allowed to build either a one family or two family residence as the owner-builder without a contractor's license.
I would like to build a guest house first and ...
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0
votes
1
answer
84
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Do self-storage owners have a duty to auction liens?
Florida lien enforcement for self storage operators are governed by 83.306 (link).
There is a clause indicating:
5) Any sale or other disposition of the personal property shall conform to the terms of ...
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votes
2
answers
70
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What are the elements of evidence of willful failure?
Assume that a Florida Condominium (Defendant) has a duty to provide access to records under per governing law FS718.111(12)c:
(c) The official records of the association are open to inspection by any ...
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1
vote
0
answers
22
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Estate disposition: Summary Administration
FS 735.201 indicates two conditions for "Summary administration":
735.201 Summary administration; nature of proceedings.—Summary administration may be had in the administration of either a ...
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4
votes
0
answers
69
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Can a single easement have multiple dominant tenements, or are they multiple easements?
In Florida USA, a single deed granted an easement for water access over a specific piece of land (servient tenement), for the benefit of approx two dozen specific lots of land nearby (dominant ...
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0
answers
34
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Florida: under what statute if any, is a state agency obligated to respond to a petition?
Are there any provisions or principles that require state agencies to respond to any petitioner, outside of proceedings as provided in the Administrative Act, and requests for public records?
By ...
- 173
0
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1
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59
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US: under what conditions can information about a missed payment be shared with credit bureaus? [duplicate]
Let's say I notified a property manager that as a tenant I'm withholding rent because of a breach of contract. He starts a collection process: it goes into credit reports, just like that? I live in ...
- 173
0
votes
2
answers
170
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Are unreasonable late fees prosecuted as usury?
As I understand the term usury: it is the action or practice of lending money at unreasonably high rates of interest.
Are unreasonable late fees prosecuted as usury? Is there mother term?
If a ...
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9
votes
2
answers
3k
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To what extent does a factual mistake invalidate a legal document?
Due to a “royal lives clause”, Disney retains power over its districts
until twenty one (21) years after the death of the last survivor of the descendants of King Charles III, King of England living ...
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2
votes
1
answer
162
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Can this statement be considered a threat?
If you write in an email, "Enter at your own risk. Anyone trying to enter a home without permission or consent will be treated as a trespasser or intruder.". Is that considered at threat?
...
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vote
0
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104
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Florida: what is the deadline to appeal a decision by a state agency, and what is the venue?
I wish to file an appeal for a decision issued by an enforcement agency (1). Which section of Chapter 120 if any specifies the timeline? I skimmed through the chapter and did not find it.
I thought ...
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3
votes
1
answer
82
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On the meaning of "constitutes compliance with all other statutes" in Fla. Stat. 83.49
83.49 Deposit money or advance rent; duty of landlord and tenant.—
(3)(d) Compliance with this section by an individual or business
entity authorized to conduct business in this state, including
...
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1
vote
1
answer
98
views
Florida Statute about "Deposit money or advance rent": how would one verify it is implemented by the landlord?
Fla. Stat. 83.49 states:
Whenever money is deposited or advanced by a tenant on a rental
agreement as security for performance of the rental agreement or as
advance rent for other than the next ...
- 173
2
votes
0
answers
80
views
Is there precedent for Florida condo owners to gain land under the guise of adverse possesion?
Assume that Bob builds a deck in his Florida condominium common area.
Is there any reason why Bob can not claim adverse possession of said common area after 10 years?
Assume that Bob did not have the ...
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1
vote
1
answer
90
views
Tenant moves out of townhouse early in Florida on 2 year lease
I'm looking for a path forward given the following residential lease terms in Florida:
Tenant signed 2 year lease and paid rent on time for 8 months.
Tenant gave 60 day notice that they would be ...
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2
votes
1
answer
60
views
What does Florida state law say regarding probate in real estate transactions?
Does Florida state law require that an estate go into probate in the event the seller in a real estate transaction passes away prior to closing?
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1
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87
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Death of seller in residential home sale - is probate required? (Florida, USA) [closed]
I have a purchase and sale agreement to buy a house in the Orlando, FL area, with a scheduled closing date of 5/1/2023. Unfortunately, the seller passed away last week, leaving the house to her son in ...
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0
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203
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Can an apartment complex add a monthly "amenity fee" (that is not in the rental agreement) on top of the rent?
This is about an apartment complex in Florida. The complex was sold and the new owners decided to add a $20 monthly "amenity fee" to all existing tenants who had signed a lease months before ...
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2
votes
1
answer
37
views
Can / How would a lease (contract) require an injured visitor to hold the renter's insurance liable?
Assume Jane visits Bob (Renter). Mike is the Florida landlord.
Jane slips and falls on the Mike's rental property, Can Mike's attorney construct lease so that Bob is required to have some sort of ...
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votes
2
answers
227
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Can Police legally search inside apartment residences for a suspect without a warrant and without consent?
A video of the incident. Timestamped to when they begin surrounding the apartment for brevity.
Jan 4th 2022 The Miami Police department was searching for 2 suspects involved with grand theft auto and ...
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1
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211
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Can Police ask you to leave a public easement if you have committed no crime in Florida?
Lets say Bob is right next to utility power lines poles and within the public easement of a road. The location adjacent the road is a government property. He is recording anything he can see in public ...
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0
votes
0
answers
31
views
Can two municipalities offer reciprocal traffic enforcement over a shared border road? (US)
Is there any precedent/legal framework for which two municipalities whose border is defined by the middle of a road could allow for traffic enforcement for both, rather than each having jurisdiction ...
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1
vote
2
answers
164
views
Difference between "constitutional" carry VS having a concealed weapons permit?
Florida is close to passing HB.543 dubbed “constitutional carry”. This would allow people to carry concealed loaded guns without permits under legislation.
For people with concealed weapons permits, ...
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vote
3
answers
170
views
Responsibility for a traffic infraction commited by someone else?
Let's say Bob owns a vehicle and his wife uses the car. The wife doesn't come to a complete stop at a red light and the traffic camera catches it. They issue a ticket in Bob's name as he owns the car ...
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2
votes
1
answer
96
views
How does the Florida homestead exemption apply to a house on .51 acres?
If my Florida primary residence is on a .51 acre lot in a municipality and I get sued, can the creditor take my house because I am over the .5 acre limit?
I understand that I would keep .5/.51 = 98% ...
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1
vote
0
answers
66
views
Lost birth certificate
I lost my birth certificate during Hurrican IAN in Fl and need a replacement what are the steps to get it? My home was destroyed and became uninhabitable and therefore I lost all my Identifications. ...
3
votes
1
answer
87
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Why are condominium fixture improvements property of the Association?
Let us assume a fixture improvement (wooden deck) has been constructed on a Florida condominium by an individual owner (not the Association) on the Association's common area.
However, assume for this ...
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3
votes
1
answer
65
views
What triggers the need for a DBA exactly?
Lets say an LLC is named something generic like: "Iron Chimpanzee Company" and then the members decide to create three websites specifically for the sale of boats, steaks, and blind dates.
...
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1
vote
1
answer
36
views
Do online business LLCs have to foreign file in the state that the members live in?
If I live in Florida and want to form my LLC in Wyoming for the better protections, will Florida still make me foreign file?
The business is entirely online and I will be renting a cheap, physical ...
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1
vote
1
answer
56
views
Can I use a virtual mailbox on the physical and mailing address on an LLC's the articles of origination?
I’m thinking of using a virtual mailbox like this to get mail for an LLC I'm starting:
https://www.incfile.com/virtual-mailbox
It will prevent me having to put my home address on the articles of ...
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5
votes
1
answer
282
views
What kind of compensatory damages are available in a class action lawsuit (landlord/tenant)
The scenario: A landlord holding multiple rental properties/apartments has been found in a class action lawsuit to have been illegally overcharging renters for X amount of money per month each over a ...
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4
votes
1
answer
173
views
Is a mandatory fee added to paying one's lease legal?
Is it legal for a property management company to require a convenience fee for every type of payment they accept, or must they accept some form of payment that costs nothing extra? It seems to me ...
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7
votes
3
answers
853
views
What is the duty of a medical office to properly bill one's insurance? (USA)
In the US, it is typical for patients to sign contracts with a medical office assigning whatever benefits are applicable from their health insurance to the doctor's office and leaving the patient ...
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2
votes
1
answer
45
views
Third party defendant in civil case in Florida
I am watching a civil case for a friend and was looking at the online docket. My friend is a third party defendant in counterclaim (was not part of the original lawsuit list of parties). Seems like ...
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2
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79
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How to inform prosecutors of potentially relevant information, and is it appropriate
There is a somewhat well known streamer in a very small community, who has been well known in the community for making troubling claims, and generally giving the appearance of being, to some extent, ...
3
votes
1
answer
332
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Attorney Client Privilege (ACP): Attorney Invoices
The Home Owner's Association's attorney labels its work products as "Attorney Client Privilege". Does the HOA's lawyer have a duty or is it standard practice to label documents (including) ...
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2
votes
1
answer
63
views
Remedy for failure to hear Agenda Item
Florida FS 718.112 requires condominium to:
If 20 percent of the voting interests petition the board to address an
item of business, the board, within 60 days after receipt of the
petition, shall ...
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0
votes
2
answers
69
views
Prevailing Party's Legal Fees
In Florida non-binding arbitration, legal fees can be be recovered by the prevailing party. Assume that the prevailing party is an HOA, however, its fees are paid for by insurance and not by the HOA.
...
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3
votes
3
answers
364
views
Violation of disabled person's 4th amendment civil rights
Video for context: https://www.youtube.com/watch?v=k5yNlwCQpO0&list=LL&index=1
Jim Hodges was walking down the street from jury duty. A female police officer stops Jim because she believed he ...
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2
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194
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How to address a Conclusory Statement
I understand that a conclusory statement consists of, or relates to, a conclusion or assertion for which no supporting evidence is offered.
UPDATE: Assume that Bob worked in the US in 2021 and had a ...
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1
vote
1
answer
151
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Are Condo owners an indispensable party?
Assume that a Florida HOA has failed to enforce its bylaws: owners have improperly built improvements on the common area (land), some of these owners have sold their units. Assume said improvements ...
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9
votes
1
answer
579
views
Giving information to patients about schedule 2 drug stocks at a retail pharmacy in Florida (US)
Context: There is currently a nationwide shortage of Adderall, a schedule 2 drug. One of the pieces of advice for patients is to see about getting the drug in a different formulation, as not all ...
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2
votes
1
answer
169
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Can you sue for emotional distress in FL over an erroneous eviction notice?
Lets say Jane is late on paying her rent by a few days (Due on the 1st, Grace period til the 4th, Paid on the 7th). Several days after paying, she receives a physical notice on the door demanding ...
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2
votes
1
answer
60
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Early Termination of Non Residential Florida Lease: Security Deposit
A tenant enters into a 24 month non residential office lease, pays for months 1 though 5 and unilaterally indicates to move out in early month 7. The tenants move out at approximately 7.5 months. ...
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0
votes
2
answers
1k
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Are tow truck drivers allowed to be armed while working?
Florida Tow Truck Driver kills man while trying to repossess a car.
Are tow truck drivers allowed to be armed while repossessing a car?
Does any other state allow tow truck drivers to be armed?
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