Questions tagged [florida]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of Florida.

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Is Florida’s ban on social media accounts for minor unconstitutional?

Florida is proposing a ban on social media accounts for children under 16. Is there any similar federal precedent that would render such a ban unconstitutional?
gatorback's user avatar
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Trump's voting rights

If I recall correctly the State of Flordia restricts a person's right to vote if convicted of certain crimes. If Donald Trump is found guilty in any of his criminal cases could he potentially no ...
Connor Lonergan's user avatar
5 votes
1 answer
128 views

If a Florida Homeowners Association was dissolved in 1997 for not filing Annual Rpt with FL Division of Corporations, can they enforce rules in 2024?

A homeowners association has not filed Annual Reports since May 1996 with Florida Division of Corporations nor have they filed any rules with the County Clerk’s Office since that year. According to ...
K80's user avatar
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6 votes
2 answers
3k views

Do foreign nationals have the right to a speedy trial?

A teenager who is not a citizen of the United States is charged with a criminal offense. Does the teenager have the right to a speedy trial? If yes, at what point in time is the trial late and no ...
gatorback's user avatar
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What type of insurance are Florida Condominiums required to purchase?

Assume that a Florida Condominium is governed by: https://www.flsenate.gov/Laws/Statutes/2002/Chapter718/All (a) A unit-owner controlled association shall use its best efforts to obtain and ...
gatorback's user avatar
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2 votes
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280 views

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 ...
ivy storm russell's user avatar
14 votes
1 answer
4k views

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 ...
gatorback's user avatar
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-3 votes
2 answers
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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 ...
gatorback's user avatar
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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? ...
gatorback's user avatar
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2 votes
1 answer
95 views

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 ...
gatorback's user avatar
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2 votes
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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 ...
N00b101's user avatar
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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 ...
gatorback's user avatar
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-4 votes
2 answers
76 views

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 ...
gatorback's user avatar
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1 vote
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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 ...
gatorback's user avatar
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4 votes
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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 ...
Usas's user avatar
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2 votes
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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 ...
Erwann's user avatar
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1 answer
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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 ...
Erwann's user avatar
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0 votes
2 answers
236 views

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 ...
gatorback's user avatar
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9 votes
2 answers
3k views

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 ...
TRiG's user avatar
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2 votes
1 answer
168 views

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? ...
Digital fire's user avatar
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1 vote
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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 ...
Erwann's user avatar
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3 votes
1 answer
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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 ...
Erwann's user avatar
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1 vote
1 answer
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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 ...
Erwann's user avatar
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2 votes
0 answers
102 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 ...
gatorback's user avatar
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1 vote
1 answer
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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 ...
Chip Castle's user avatar
2 votes
1 answer
63 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?
Michael Hall's user avatar
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-1 votes
1 answer
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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 ...
Craig M's user avatar
  • 11
0 votes
0 answers
236 views

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 ...
neo's user avatar
  • 141
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 ...
gatorback's user avatar
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-1 votes
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235 views

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 ...
Digital fire's user avatar
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1 vote
1 answer
313 views

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 ...
Digital fire's user avatar
  • 5,469
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 ...
Alan's user avatar
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1 vote
2 answers
195 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, ...
Digital fire's user avatar
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1 vote
3 answers
186 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 ...
Digital fire's user avatar
  • 5,469
2 votes
1 answer
104 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% ...
N00b101's user avatar
  • 715
1 vote
0 answers
68 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. ...
Antoinette Burgos's user avatar
3 votes
1 answer
91 views

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 ...
gatorback's user avatar
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3 votes
1 answer
66 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. ...
N00b101's user avatar
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1 vote
1 answer
64 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 ...
N00b101's user avatar
  • 715
1 vote
1 answer
83 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 ...
N00b101's user avatar
  • 715
5 votes
1 answer
291 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 ...
Alan's user avatar
  • 795
4 votes
1 answer
180 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 ...
Alan's user avatar
  • 795
7 votes
3 answers
893 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 ...
Alan's user avatar
  • 795
2 votes
1 answer
49 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 ...
Adam K's user avatar
  • 23
-1 votes
2 answers
79 views

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, ...
Bryan Borden-Cobb's user avatar
3 votes
1 answer
339 views

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) ...
gatorback's user avatar
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2 votes
1 answer
64 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 ...
gatorback's user avatar
  • 7,177
0 votes
2 answers
70 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. ...
gatorback's user avatar
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3 votes
3 answers
392 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 ...
Digital fire's user avatar
  • 5,469
-1 votes
2 answers
266 views

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 ...
gatorback's user avatar
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