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 it legal for a medical test center in Florida to knowingly lie to a patient about the outcome of a test?

There is a Twitter anecdote about someone who had himself tested for COVID twice at the same lab in Florida and was both times told he tested negative, but when he asked for the physical documents ...
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Expired Rental Lease & Addendum Determination

A Landlord had a tenant in her Florida condo with a lease expiring on 2/28/22. The Landlord was 88 and in her final stage of life. Death occured on 3/17/22. Landlord was not able or willing to sign ...
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1 vote
1 answer
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Is it a crime to sneak into a hotel pool?

Suppose a hotel pool is very easy to get into, although there is a sign that it is only for the hotel guests. Is getting caught punishable by law enforcement? This is in Orange County, Florida, USA.
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2 votes
1 answer
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How immediate must one's risk of harm be to self or others to be involuntarily held for psychiatric evaluation in the US?

What are the criteria and standard of posed danger for someone to be deprived of liberty on psychiatric grounds in the US? I suppose the supreme court has ruled on this matter in a way that would be ...
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1 vote
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What are the processes and requirements for obtaining a restraining order against an abusive family member in Florida?

I want to obtain a protective bubble of distance around myself that could be enforced in case this person who has done many terrible things to me comes within any certain vicinity. Does this require ...
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1 vote
2 answers
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To what extent is Walt Disney World exempt from the laws of Florida and the United States?

Many years ago, I overheard in casual conversation that Walt Disney World was essentially a country within a country, a privately-owned nation in which the laws of the U.S. don't apply. I've never ...
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2 votes
1 answer
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Is cheese legal in Florida?

I recently found out that Tyramine is a Schedule I controlled substance in Florida. It is also a significant component of well-aged cheese. Even though I think of this as a merely theoretical issue, ...
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commision typo on an executed lease

I have this property in the Multi Listing Service (MLS). It state the cooperating commission is 5%. On the actual Lease we made a typo and placed 10% commission instead of 5% commission. The broker is ...
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Is "sustain" = "not set aside"

Nonbinding Arbitration: An order of default is entered. Defense files to set aside the default. In order to request that the the order of default not be set aside, is it proper (commonplace in the ...
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-4 votes
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If a business is sold, does that mean the owner(s) get off scot-free? [closed]

Definition of scot-free : completely free from obligation, harm, or penalty. When we informed our customer that we were selling below cost, the reply we received was a suspension of communications. ...
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How to contact pre-law students and teachers for a legal research project?

A True Crime Youtube creator features high-school pre-law students to read the female part in a deposition he publishes in video form. The young women I have seen are unpracticed and intimidated by ...
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Can a minor's information be revealed after he reaches the age of majority?

There was a case of a mother who killed her daughter named Adrianna Elaine Hutto - some of the details are on this Wikipedia page. Her brother testified against their mother and he was referred to ...
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Attorney Client Privilege: Disclosure within Evidence

Florida Statues Provides A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the person's predecessor while holder of ...
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1 vote
1 answer
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HOA shredded our Money Order. Is Money Order an Official Record? Are there other Records we can request?

Per our state's rule on HOAs: (4) OFFICIAL RECORDS.—The association shall maintain each of the following items, when applicable, which constitute the official records of the association: [...] (j) ...
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-1 votes
3 answers
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Are political flags equivalent to signs?

Context: A Florida Condominium HOA prohibits signs. UPDATE: Assume that HOA governing law is FS718. Excluding the flags described in FS718: (4) Any unit owner may display one portable, removable ...
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FS718: Majority vote at Meeting of the association

From Line item number 3: Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts, and may be used only for authorized reserve expenditures unless their use for ...
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1 answer
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Do stop signs qualify as traffic control signals?

In an earlier question, I discovered that in many jurisdictions, such as Florida and Ohio, you need a marked crosswalk to cross any streets/roads whose intersections have traffic control signals. ...
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1 vote
1 answer
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Construction: may vs shall

Context:a Florida HOA bylaws indicate: The passage below indicates may: Special meetings of the Board may be called by the president on five(5)days notice to each Director either personally or by ...
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1 vote
1 answer
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Are Federal Holidays business days?

FS718 indicates: The failure of an association to provide the records within 10 working days after receipt of a written request creates a rebuttable presumption that the association willfully failed ...
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9 votes
2 answers
1k views

Felony codes in Frank Artiles fake campaign case in Miami-Dade

Frank Artiles, a former Florida state representative and senator, was charged with felonies in connection to a scam candidate scheme in Miami Dade County. There was a general question asked about the ...
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1 answer
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Reimbursable hours: Reasonable Legal Expenses

In Florida Nonbinding arbitration, the prevailing party is entitled to reasonable legal expenses (lawyers fees). IANAL so I do not have a sense or experience as to what is / is not reasonable. Is $...
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1 answer
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Leak Damage: Can sue for damages covering only damaged floor or floor in the entire property?

Apartment owner B, claims a leak from apartment owner A above, supposedly damaged a very small portion of B's hallway floor. Owner A offered to replace the hallway floor. Instead owner B insists that ...
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3 votes
1 answer
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Dissolution of HOA

Florida requires HOAs to be registered as nonprofit corporations. If an HOA allows its registration with the state to lapse into dissolution: Does its officers and agents bear liability for any ...
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0 votes
1 answer
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If a copyrighted image is used multiple times, how many infringements are there?

If I used a copyrighted image in 4 item listings on a selling platform (all using the same image), would this constitute 1 infringement, 4 infringements, or a number of infringements equal to the ...
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Date Calculation

Florida HOA law (FS718) indicates a response is required from the board within 30 days of receipt of certified mail. Assume a letter is mailed July 1. How exactly would the courts decide which day ...
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1 answer
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Expungement alternative for wrongful arrest?

The arrest occurred in Florida. My girlfriend and I have had a very toxic relationship over the last year and a half, which culminated in a big, physical fight where we were both injured but I ...
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1 answer
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Could I have any liability for the cost of the unapproved removal a tree from my property and paid by my neighbor?

My neighbor, without my knowledge, had a tree removed from my property. The tree was diseased and would have been removed, at my expense, eventually. It was removed along with an adjacent diseased ...
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2 votes
1 answer
36 views

Does precedent support Florida School district local officials deciding public interest health decisions?

Florida has the highest number of confirmed pediatric hospitalizations from the virus, according to data from the Centers for Disease Control and Prevention and the Department of Health and Human ...
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2 answers
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What specific legal statement might one request to include in a 12 month rental contract so that the rental contract terminates upon renter's death?

If someone wanted to sign a 12 month rental contract and, being over 70 and single, wanted that contract to terminate upon death of the renter so the landlord would not have right to claim payment ...
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2 votes
1 answer
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Can I refuse to settle out of court even if the defendant agrees to pay my claim amount?

I am suing a large corporation in small claims court for what I believe is a clear-cut case that I will win. The amount I am claiming is only a few hundred dollars and I suspect the company will offer ...
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1 vote
1 answer
70 views

Is it renter's responsibility to cover overcharge by a submetering company?

A person is renting a house. Per the rental agreement, it is their responsibility to cover the water and sewer bills. The house is located in a community which is serviced by a submetering company. ...
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5 votes
3 answers
3k views

Somebody's mother was scammed by a car dealer. What laws might apply?

Imagine that earlier today, a person was buying a car. They are in their 70s, but relatively competent. They landed on what they thought was a pre-owned 2020 Mazda CX-5 Signature, valued at about $...
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1 answer
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Unlicensed Practice of Law (UPL)

In certain Florida HOA issues, nonbinding arbitration (NBA) is required before taking the matter to litigation. NBA allows a "qualified representative" (QR), to represent a homeowner: ...
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0 votes
1 answer
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Who owes when condo owners change?

Assume that an HOA has improperly violated a statute by removing moneys from a reserve account and paid the unit-owners. Relevant Florida laws include: 718.112(2)(f) 3. and 4., Florida Statutes: 3. ...
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0 votes
1 answer
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Evidence Estoppel

It is in the interest of the courts to that Florida HOA records are accessible so as to ensure that it is possible to resolve difference before bringing them to an authoritative adjudicating body. ...
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3 votes
1 answer
134 views

Can our HOA require us to help purchase unused properties in our subdivision?

Our HOA held a vote to buy 3 unused parcels of land in our neighborhood. The purchase requires us to pay an additional $763 on top of our annual fee. Am I required to help purchase this property for ...
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0 votes
1 answer
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Does a resident (Non owner/renter) of a condo have any responsibility for damages done to another unit? (US/Florida)

Situation: I live with my mother in a condo. The condo is 100% in her name, the only legal relationship I have with the property is that it is my official residence. A water leak caused damage to ...
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10 votes
2 answers
2k views

Who decides DNR decision when patient is non compos mentis?

My 83 year old mother's mental and physical health has deteriorated rapidly in last six months. At this point, she asks if her mother (dead 35 years) is coming to see her, if her grandchildren are ...
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26 votes
5 answers
7k views

Will Florida Social Media Bill Allow Trump back Online?

Does the Florida Social Media Bill Allow Trump to Be Back on Twitter and Facebook? It prohibits internet companies from banning Politicians on social media. "SB 7072 also bars social media ...
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1 vote
2 answers
233 views

Private Florida school won't employ vaccinated teachers

Regarding: https://abcnews.go.com/Health/wireStory/private-florida-school-employ-vaccinated-teachers-77347282 If indeed it is true that Leila Centner is: Spreading False COVID-19 information that ...
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0 votes
2 answers
181 views

Game Hacking Legality [closed]

Hello I have a question about if game hacking is legal in Florida. What I mean by game hacking is making a software and selling it (not altering the games original code or selling anything with the ...
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5 votes
5 answers
462 views

Can a rental car company require you to forfeit your right to fight a fine?

While driving a rental car recently (rented and driven in Florida), I rubbed a traffic camera the wrong way and received a fine. I was only told about the fine in a letter weeks after returning the ...
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-1 votes
1 answer
126 views

Neighbor Suspected a Leak and Opened Up Their Ceiling - Am I Responsible for Repair?

Downstairs neighbor suspected a leak in their bathroom and opened up their ceiling to see where the water is coming from. It would appear that a small leak is coming from below my bathtub, this was ...
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1 vote
1 answer
217 views

We moved out two months early and still have a lease with the property I just found out this morning that the landlord has been living there

We moved out two months early, we were fully prepared to keep paying the rent even though we aren’t living there because of the lease. He told us if we could find somebody to take over the lease that ...
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-1 votes
2 answers
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Stalking & Harassment

As a followup to stalking / harassement, after a police report is filed, it is my understanding that the remedy for such a matter is a restraining order. Is there any reason that the aggressor would ...
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5 votes
2 answers
805 views

Harassment in Pandemic

What is the legal term (so that the relevant statute can be looked up) for when someone follows you around with the intent of harassing you and does not maintain 6ft social distancing for coronavirus ...
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0 votes
2 answers
70 views

What are the contours of communication INTERCEPTION?

A nuanced understanding is sought with regards to the bright-lines + contours of what it means to intercept as it pertains to Florida communications state law. A Google search of interception returns:...
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2 votes
1 answer
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Doctrine of balancing the relative conveniences of the parties

A defense claim of Equitable Estoppel is invoked: ...Claims are barred in part of by the Doctrine of Equitable Estoppel...enforcing the Governing Documents as alleged by Petitioners would be ...
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0 votes
1 answer
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Does any Florida statute preclude unlicensed contractors from building improvements on condo common area?

The Florida DBPR jurisdiction includes prosecution of unlicensed activity including building contractors. Assume a significant nontrivial improvement in the form of a bulkhead is built for the purpose ...
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2 votes
1 answer
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Recording Phone Calls in Florida and Obtaining All-Party Consent

According to FL Statute 934.03 (outside of limited exceptions), you are required to gain all-party consent to record communications deemed to have an expectation of privacy. It seems this includes ...
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