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Questions tagged [florida]

Florida is a state in the southeast United States

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49 views

Where is the bright line for practicing law?

I would like to understand if a CAM interpreting HOA bylaws & lawyer's opiniom, then executing their decision is the practice of law BACKGROUND A Florida HOA homeowners contest a CAM's ...
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2answers
99 views

Involved in a hit and run where I didn't know there was a hit and left the scene. What now? [on hold]

I was involved in an accident, but I didn't know it happened. Another driver merged into the lane I was in aggressively and made contact with my car, but between me honking, yelling(as most probably ...
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4answers
17k views

A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?

In Florida a career felon, who is a complete stranger to my son, killed my son. He is being prosecuted for this crime in a state court in Florida. There are two witnesses. One of them is the the ...
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1answer
52 views

Can a healthcare facility keep driver licenses

If a person goes to visit a resident in a Florida healthcare facility can the facility demand to hold the persons drivers license until they leave?
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2answers
34 views

Help interpretting Florida Statute and specifically Jurisdiction on the waters of the state

Florida Vessel Statutes state: 327.58 Jurisdiction.—The safety regulations included under this chapter shall apply to all vessels, except as specifically excluded, operating upon the waters of this ...
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17 views

When does a quitclaim deed actually transfer property in Florida?

When does a quitclaim deed actually transfer property under Florida statute?
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1answer
36 views

Does a medical center's acceptance of a partial payment imply establishment of a payment plan?

Related: Hospital billed me for services that I explicitly refused. Are there any legal ramifications for hospital? After my wife went to the doctor I received a bill that I considered wholly ...
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1answer
56 views

Can your landlord raise rent for running a business?

Say you run an academy from your house. Can your landlord raise rent? Nolo.com says Also, in most states your landlord can’t use a rent increase (or evict you or decrease services, either) in ...
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2answers
65 views

How to get my Hospital bill settled down for a service that I didn't receive?

Last January, I was very sick from a common cold that I could barely drive myself to Hospital. I somehow pulled myself to the Hospital gates and had a checkup with the Physician there. They check me,...
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1answer
45 views

Having a body exhumed and reburied elsewhere

My mother was buried by her husband (second marriage) in a military graveyard in the state of Florida in 2016. The cemetery was counter to her (verbal) wishes and we, her children, would never have ...
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2answers
58 views

Is it possible to seek a declaratory judgment without having a dispute / opposing sides?

Specifics: I am a board member of a condominium association in Florida, U.S. Our governing documents (articles of incorporation, declaration of condominium, by-laws) are completely silent on the ...
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1answer
71 views

Elderly man cannot care for himself but refuses nursing home. Wife/primary caretaker cannot care for him. Options?

Background A married couple I know have a large age difference - about 20 years. The husband has been "dying" for literally 6 or 7 years now - in and out of hospice a number of times, and then was ...
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1answer
110 views

Hospital refuses to allow me to talk to their billing department - are there any laws/regulations that I can use to help them change their minds?

Background here: Hospital billed me for services that I explicitly refused. Are there any legal ramifications for hospital?. In short, my wife visited a hospital and was grossly mis-billed. In total ...
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1answer
170 views

Hospital billed me for services that I explicitly refused. Are there any legal ramifications for hospital?

(well, my wife). Background - we lost a pregnancy early this year. Got pregnant again. Wife had some spotting during first trimester, became panicky, and rushed off to a hospital. The main thing ...
4
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1answer
48 views

Florida Law: Can email be used in place of USPS to receive notifications \ messages?

I travel a lot and can not rely on USPS mail. How could I substitute an e-mail address for a USPS physical address, with respect to a legal matter in Florida small claims court?
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1answer
48 views

Can a voided option contract be transferred to a new company?

I gave a deposit of $10,000 and signed an option contract with a franchisor for a franchise to open within 12 months or the contract was void. The franchisor failed to deliver and refuses to refund my ...
2
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1answer
70 views

Why are Florida prosecutors filing for manslaughter rather than murder in the case of Michael Drejka?

Florida prosecutors filed to charge Michael Drejka with manslaughter rather than murder in August 2018. If convicted of manslaughter, Drejka can be sentenced to up to 30 years rather than receive ...
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1answer
91 views

What recourse does an ex-employee have when commission/wages are being withheld by employer?

I recently left a position while still owed commissions for a deal that closed after my departure. My activities, duties, etc. on this deal were completed. I simply needed to wait for the other ...
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1answer
98 views

Can you block the sidewalk in front of your house in a gated community?

We been getting window stickers in a gated community about parking on our driveway and partly blocking sidewalks. Is it legal or not?
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0answers
55 views

Paid apartment complex full month's rent on the 29th. 2 days later on the 1st I was asked to pay an additional full month

Since the apartment complex I moved into state they do not prorate rent, but I was still asked to pay the full month's rent value on the 29th, I assumed that meant I would have to pay every 30 days as ...
2
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2answers
154 views

Is it legal to impersonate an abstract lawyer?

I would like to request a copy of my contract from a previous employer, where most of the staff is juridically uneducated people. I'm afraid that if I introduce myself, HR would realize that I am a ...
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0answers
20 views

Foreclosure on a Business Loan

Assuming that the due diligence has been performed, what is involved in foreclosing on a business loan? Said business is currently owned by an investment group. That group owes two payments that ...
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1answer
130 views

Am I liable for 20 year old water bill for a house I bought?

I bought a house in Florida in 2017 and when I went to get the water service turned on they told me there is a water bill from 1998 and I need to pay it. Is it my responsibility even if I didn't own ...
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2answers
89 views

Is it legal to ask someone their birthday in an interview?

I'm applying for a job where they want a lot of personal details from me. The HR rep specifically asked me for my birth date. I heard this is illegal, is it true? If relevant, the question was asked ...
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1answer
89 views

Can I buy a $ 500 lot as a foreigner to register a car in Florida?

I travel a lot to the United States (Florida). I would like to have my own car registered in the country instead of renting all the time. In long-term this will be cheaper and more comfortable. I ...
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6answers
7k views

In USA, is it possible to end up being called to jury duty even if you have not registered to vote?

My friend received a letter summoning her to jury duty. She has not received anything like that before, even though she is now in her 40's and has been a U.S. citizen all her life. Also she never ...
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0answers
37 views

Can you claim unemployment benefits while driving for a ride-sharing company in Florida?

I've been working in one full-time job for over 5 years. In the past year or so, I started driving for a couple ride-sharing companies to supplement my income. Now, I'm being laid off from my primary ...
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2answers
240 views

Was the officer assigned to Parkland school legally obligated to intervene?

This question is related to Are police legally required to stop a crime they see being committed?, but IMHO there is a twist. Although SCOTUS decided multiple times, as in Town of Castle Rock v. ...
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1answer
134 views

Does a landlord have to rent to someone even if it makes the other tenants uncomfortable?

Let's say I rent a 3 bedroom house in Florida to 3 women from a university in their 20's. Then one moves out and a 40 year old male applicant applies for the vacancy with great numbers on paper. I ...
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0answers
201 views

When a Florida Appellate court issues a PCA, against their own prior rulings, what are the options?

The scenario is -- When a Florida Appellate court issues a PCA without opinion, against their own prior rulings, what are the options? In a Florida civil appellate family law case, the 2DCA issues a ...
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0answers
19 views

Lack of residential lease and my rights as a tenant

Roommate is on the lease, I am not. The landlord knows I live here but states that in the state of Florida it is illegal to rent a home to two families so she cannot put me on the lease. My question ...
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1answer
759 views

Inherited guns in Florida

My step-dad gave my son who is 24 years old and is eligible to own a gun legally all of his guns before he died. This includes several shotguns, rifles and handguns. He died with no will. My son was ...
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1answer
466 views

Construction next door damaged our fence, what can I do?

Several months back construction started in the empty lot next door. They essentially built a house there, and in the process dug up a lot of dirt and gravel. The construction workers dumped this ...
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0answers
49 views

Answering to eviction case with no “final judgement”

I have a friend who has an eviction on his record. I'm trying to help him get it removed since when I looked up the case, there is no "final judgement" or "writ of possession" and it still shows up as ...
5
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1answer
132 views

Should I be taxed on electricity in Florida as a private resident?

I live in Tallahassee, Florida where everyone gets their electricity from Talgov. I recently looked at my utility bills and realized my electricity charges were about 10-11% larger each month than I ...
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1answer
296 views

Required to have a fishing license if homeless?

Lets say an individual is homeless. He has no source of income and simply wanders around with a small bag of personal items. Included in the items are a fishing pole and several fishing lures. He ...
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3answers
301 views

Will I be liable for injuries to someone else resulting from defending myself in a confrontation?

Let's say you are eating dinner with your family at a restaurant in Florida that has some outside seating. In the middle of your meal, a young man proceeds to try to sell you his mix tape. You ...
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1answer
248 views

Refusing to cooperate with Police

Lets say a person has been "Terry Stop"ed. The person does not carry any id with them. As the Police continue to question the individual, he advises them that he will be remaining silent and not ...
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2answers
512 views

Evidence found during police search of incorrect address listed on search warrant

A warehouse is a single structure with several divided units separated by concrete walls. These units have different sequential addresses; 1000 Fake St (unit A) 1001 Fake St (unit B) 1002 Fake St (...
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1answer
102 views

A violation of Florida Statute 790.15

If a group of friends goes out several miles into Everglades National Park and does some target shooting. Are they violating Florida Statute 790.15? What about if they were on any "Public" land that ...
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0answers
31 views

Firearm restriction while open carrying in Florida

A person is going fishing out into the Everglades. They make the decision to open carry a firearm. Are there any restrictions as to the type (Shotguns, Rifles, Pistols, etc) of firearms a person can ...
0
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1answer
52 views

Lawful possession and transport of a firearm without a permit on foot in Florida?

Lets say Bob goes out to the gun range with a friend. They drove to the gun range. Bobs friend has an emergency and leaves Bob stranded. Bob has no one to who can pick him up. Bob wants to go from ...
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1answer
110 views

What could be the legal consequences of the “street justice” beating of a person by another?

A pervert walks past some kids and sexually exposes themselves. They then walk towards the father of the children they just exposed themselves to, as words were exchanged. The father proceeds to exact ...
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1answer
50 views

Expired concealed weapons license in Florida

Lets say someone is walking to the gas station and they're armed with a concealed firearm. They have thier concealed weapons licence. A police officer decide to do a terry stop. In the process of ...
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1answer
855 views

In Florida, do you need to physically hand over your licence to Police?

According to Florida Statues 322.15, It states; License to be carried and exhibited on demand; fingerprint to be imprinted upon a citation. Does this mean you only need to present the drivers ...
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1answer
466 views

Deadly force allowed during a forcible felony in Florida?

You are at a stop light and see a person with a firearm run up to the car in front of you. They attempt to open the door and see a struggle begin as the door opens. You are absolutely sure this is a ...
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1answer
93 views

If someone has left their residence for a few days, due to fear of the homeowner, can they get a restraining order against the homeowner and return?

My mother and I fled our home this weekend due to concerns for our safety, caused by my step-father. We're staying at a friend's house across town while we sort things out. The home is one which we ...
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1answer
8k views

Expired tag sweep in a private apartment parking lot in Florida

My apartment complex sent the following: Loree Residents - On Monday (9/25) Loree Management in-part with the Jacksonville Sheriff's Office, will be conducting an expired tag search for all ...
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1answer
2k views

Does Death terminate a lease in Florida?

If I sign a lease for 12 months and die in month 7 from an unexpected car crash, is my estate responsible for closing out my residential lease in the manner defined by the contract (advance notice of ...
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2answers
84 views

AND Logic: recovery of rental property

CONTEXT A tenant in Florida passes away. Based on this attorney's evaluation In this instance, Florida law prevents a landlord from recovering possession of the rental unit except when the last ...