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Injunction Lawyer Orlando

Injunction Lawyer Orlando

Injunction Lawyer Orlando, Injunction Lawyer Lake County Florida

Florida Statute 741.31(4)(a)(1-8) makes it clear there are many ways (at least 8 that are statutorily announced) a party can be in violation of a domestic violence injunction in Florida. First, if the person against whom an injunction has been granted (generally the respondent) does not move out of the shared dwelling (the parties’ house, apartment, townhome, villa, condo, etc.) by the time the court has ordered that person charged with an injunction to move out, the injunction may be violated. The Jacobs Law Firm, Injunction Lawyer Orlando, Injunction Lawyer Lake County Florida, can help you litigate your case if you are either a petitioner or a respondent or a respondent/counter-petitioner. Remember, that injunction hearings can involve cross-injunctions, or competing injunctions between the parties.

Second, if the injunction is granted, the respondent cannot go within 500 feet of the petitioner’s residence, educational facility (school, college), workplace (restaurant, bar, office), and this also applies to family members that may be designated in the injunction. This statutory provision affords some additional assurance to the victim and their family that there the respondent will not violate a domestic injunction Orlando Florida or violate a domestic violence injunction Lake County Florida.

injunction lawyer Lake County Florida

Violate a Domestic Violence Injunction Lake County Florida, Violate a Domestic Violence Injunction Orlando Florida

A party can also violate a domestic violence injunction Lake County Florida, or violate a domestic violence injunction Orlando Florida by engaging in additional domestic violence against the petitioner. This sort of situation can be quite dangerous for all parties involved and needs to be carefully monitored by the court and the prosecution to ensure compliance.

Another way a domestic violence injunction can be violated in Florida is if the respondent makes any unlawful threat of violence against the petitioner. Essentially, it is best to keep one’s distance and not interfere in any way once an injunction has been granted against a party. If you are concerned that you may Violate a Domestic Violence Injunction Lake County Florida, or Violate a Domestic Violence Injunction Orlando Florida contact Attorney Jonathan Jacobs, Injunction Lawyer Orlando for more information.

violate a domestic violence injunction Orlando Florida

Violate an Injunction Orange County Florida

Another statutory provision regarding how a party can violate an injunction Orange County Florida is if the respondent contacts (communications by e-mail, phone, letter, fax, etc.) the victim. An exception provided by rule is if a third-party neutral is allowed to communicate between the parties as a sort of go-between. If it is not written in the Court Order however, it is likely unlawful.

The next way to violate an injunction Orange County Florida, or violation an injunction Lake County Florida is by coming within (knowingly and intentionally means NOT by accident or inadvertence) 100 feet of the petitioner’s car. This rule applies regardless of whether the car is occupied or unoccupied. Proving that the party did so knowingly may involve a significant showing of intent.

Violate an Injunction Lake County Florida

Yet another way to violate an injunction Lake County Florida is by “defacing or destroying” either the petitioner’s car (scratching, painting over it, puncturing tires, etc.), or by ruining the petitioner’s personal belongings. This is outlined in the Statute.

It cannot be stressed enough that if you refuse to surrender your firearms and/or ammunition, that could result in serious criminal charges (first degree misdemeanor or worse if multiple incidents have occurred) and is a violation.

Respondents and petitioners are welcome to call Jonathan Jacobs, Injunction Lawyer Orlando, Injunction Lawyer Lake County Florida for a free initial consultation regarding your case.

Equitable Distribution of Property in Florida

Equitable Distribution of Property in Florida

Equitable Distribution of Property in Florida: Recent Case Law Changes

An important new family law decision regarding the equitable distribution of property in Florida that you need to be aware of, rendered by the Florida District Court of Appeals, comes from the case of Ramos v. Ramos, LEXIS 17847, (Fla. 4th DCA, Nov. 29, 2017)). In Ramos, the District Court of Appeals ruled that commingling is proven by an appreciation of pre-marital assets. Commingling of marital assets in Florida, which creates marital property in the eyes of the court as concerns equitable distribution of property in Florida, may occur when pre-marital assets appreciate in value during the marriage, but does not occur when pre-marital assets depreciate significantly in value during the marriage. Stated simply, if one spouse has property from before getting married, and that property goes up substantially in value, the court might choose to consider that as co-marital property.

In Ramos, the Court explicitly determined that “Section 61.075(6)(a)(1)(b), Florida Statutes (2016), states that only the enhanced value of non-marital assets resulting from the efforts of either party during the marriage will become marital. Our case law is reflective of the Statute.” Basing its decision regarding commingling on another important 4th DCA case about the equitable distribution of property in Florida, Pereboom v. Pereboom, 959 So. 2d 1205, 1206 (Fla. 4th DCA 2007), the Court noted that the Husband proved he had owned and operated his business for a period of at least ten years prior to the beginning of his marriage. The Jacobs Law Firm, Family Lawyer Clermont FL, and a Family Lawyer Orlando, can litigate your case to help protect your assets.

commingling of marital assets in Florida

Commingling of Marital Assets in Florida

Consequently, there was no commingling of marital assets in Florida as typically defined, and the Court needed to assess whether the business and its assets notably appreciated during the court of the marriage. Had the Husband’s business augmented in value, the Court might have ruled differently. This is why family law cases are fact-specific and one fact can change the entire outcome of the court’s ruling.

Instead, following the steps provided in the aforementioned Pereboom case, the burden shifted to Former Wife to prove to the court that the Husband’s premarital business had become marital property through an enhancement of its value. When the Former Wife could not make such a showing, the Court ruled the Husband’s business did not qualify as a marital asset subject to equitable distribution, and in fact, had not been commingled in any demonstrable way.  In this case, the Former Wife did not show that she had made substantial contributions to the business that would have caused it to be classified as martially commingled, or the commingling of marital assets Florida.

Family Lawyer Clermont FL

Family Lawyer Clermont FL, Family Lawyer Orlando

The Ramos case is important in Florida family law because it in a sense makes the burden harder on the party seeking the inclusion of a business to be counted as a marital asset subject to equitable distribution. Jonathan Jacobs is a Family Lawyer Clermont FL, and a Family Lawyer Orlando.

Attorney Jonathan Jacobs is happy to address your questions about Florida equitable distribution of property, child support, child custody, and alimony.

Learn more about alimony in Florida by reading some of our blog articles concerning Florida law: Durational alimony, women paying men alimony, alimony factors, short term alimony, permanent alimony, and rehabilitative alimony. Here on our website, we have a web page devoted to discussing and elucidating alimony in Florida. This marital dissolution process can be educational because of the number of life lessons a person can learn during the process, which can take a great deal of time!

What about child support health insurance? Divorce mediation? We let you know more information about those topics too.

 

Clermont Debt Relief Attorney

Clermont Debt Relief Attorney

Clermont Debt Relief Attorney: Negotiating a Settlement with a Debt Collector

A Clermont debt relief attorney has a singular goal in mind, and that is negotiating a substantial reduction in the amount of debt you owe to a creditor. Negotiating a settlement with a debt collector may include such debts as unpaid credit card balances, overdue or unpaid medical bills, overdue or unpaid loans, etc. Being in debt is unpleasant for many reasons. Receiving letters in the mail DEMANDING payment, or harassing phone calls asking for bill payment IMMEDIATELY, can be unnerving and bothersome.  Jonathan Jacobs, Esq. is a Clermont debt relief attorney, and an Orlando debt relief lawyer, who can help his clients settle their debts with a reduction in the amount owed and in many cases, a payment plan that can make paying your debt affordable.

Orlando Debt Relief Lawyer: How Does Debt Relief Work

In some cases, debt relief can be handled on a transactional basis, meaning that your Orlando debt relief lawyer can contact opposing counsel, or the creditor’s management team, in order to negotiate a settlement. This can take the fear and panic away from many debtors that are upset over being threatened with the consequences of a failure to pay overdue bills. Moreover, attorneys generally carry a great deal of clout and command respect. This can be helpful in negotiating the best possible settlement for clients. So, how does debt relief work? In the offices of an Orlando debt relief lawyer, or in the offices of creditors, or at the courthouse if the case goes to debt mediation.

debt mediation attorney Orlando

Debt Mediation Attorney Orlando FL: What is Debt Mediation?

What is debt mediation? Let a debt mediation attorney Orlando explain. Debt mediation is the opportunity the court often grants to the litigants/parties to resolve their debt dispute before appearing before the judge. Debt mediation can be beneficial to both parties. Perhaps you have heard that many debt collectors are not the original creditors that owned your debt. Instead, debts are often sold inexpensively to professional debt collectors who then file a lawsuit against a debtor to collect.

This is why you should hire a debt mediation attorney Orlando, because the other side (creditor) almost always has an attorney present at mediation. Further, if for some reason you cannot attend mediation, and you are not excused, the creditor may seek to impose a default judgment on you and have a judge sign off on the order. The penalties of not contesting the judgment could be severe.

Clermont Debt Relief Attorney: Orlando Debt Relief Lawyer: Debt Mediation Attorney Orlando

Essentially, if you do not attend your court mediation, or hire an attorney to appear on your behalf, you could have a judgment entered against you. That judgment will be for the full amount of the debt owed, plus the other side’s attorney fees and court costs, and interest included. This is a poor outcome and one you should seek to avoid. Hire a debt mediation attorney Orlando today to protect your financial rights.

Other articles you should read that address small claims topics are about eviction, debt relief, mold, all of which (and more) may be found as part of our complimentary Florida Law Blog. Would you like a free case evaluation from a Clermont debt relief attorney and an Orlando debt relief attorney? Call now.

Commercial Lease Attorney Lake County Florida

Commercial Lease Attorney

Commercial Lease Attorney Lake County Florida

Many first-time commercial renters are not aware that there are at least two types of rent included in a commercial lease. First, there is “base rent.” Base rent is the more familiar term for commercial lessees, both conceptually and in practical terms. Base rent is similar to the rental amount in a residential lease agreement. Base rent is the amount the landlord charges to the tenant for occupancy. It is a fixed annual or monthly amount that is influenced by such additional considerations and costs as sales tax and annual increases in rent. The Jacobs Law Firm, commercial lease attorney Lake County Florida, commercial real estate attorney Orlando, is ready to speak with landlords and tenants today.

Most commercial leases contain an elevator clause whereby the lessee’s rent increases year over year. Base rent is relatively simple to calculate and is likely stated clearly in a commercial lease. A commercial lease attorney Lake County Florida can help point out this important lease provision to you to clarify what your obligation(s) may be.

The more difficult obligation a landlord may impose on a tenant in a commercial lease agreement is what is generally known as “additional rent(s)”.

Commercial Real Estate Attorney Orlando

Additional Rent Commercial Lease; Commercial Real Estate Attorney Orlando

Additional rent in a commercial lease is also known as tenant’s “proportionate share.” A tenant’s proportionate share may include a proportional percentage of the real estate taxes, water and sewer, insurance for the building, maintenance and repairs, and in some cases, HVAC repair or replacement (this is not an exhaustive list). A careful reading of a commercial real estate lease often reveals additional costs. An exact number may not always be calculable because tax assessments change on an annual basis. Insurance premiums also fluctuate and may cause uncertainty in  the amount the landlord is charging the tenant. Depending on the type of business a lessee/tenant maintains, the utility costs may be significantly higher or lower than other building occupants, and thus may compel the landlord to assess the lessee for any overages. Jonathan Jacobs is a Commercial real estate attorney Orlando and a commercial real estate attorney Lake County Florida.

Commercial Real Estate Costs: HVAC

HVAC stands for Heating, Ventilation, and Air Conditioning. Many businesses require the use of increased A/C and heating energy and ventilation input/output. It is in the landlord and tenant’s best interest to explain to one another (in good faith) what the current status of the HVAC units within the property may be, and what the requirements of the tenant are as pertains to the use of the equipment in relation to the nature and classification of their business. It is not unusual for a renter to be asked to contribute to the repair and or replacement of HVAC units, but both parties need to protect themselves against usage that is beyond ordinary daily expenditure. Otherwise, it is not uncommon for litigation to arise over damage to HVAC units, and the fight is on to prove whether the units were in good working order before, and whether the tenant overused or misused the HVAC units in such a manner as to cause damage(s). Litigation can be avoided in many cases with open communication between the parties.

If you are a landlord or a tenant and need legal advice from a commercial real estate attorney, please call the Jacobs Law Firm, commercial lease attorney Lake County Florida, Real Estate Attorney Orlando, for more information.

 

 

 

 

 

Commercial Real Estate Attorney Clermont FL

Commercial Real Estate Attorney Clermont FL

Commercial Real Estate Attorney Clermont FL

As a Commercial Real Estate Attorney Clermont FL, Attorney Jonathan Jacobs provides a commercial lease agreement review for clients. This is an invaluable service if performed in a timely fashion. The best time for commercial real estate lessees (renters) to approach a commercial real estate attorney is prior to signing an agreement. The most advantageous time for a landlord to consult with me, is before offering an agreement for a potential tenant to sign. A little oversite and preparation can help avoid costly disputes.

Commercial lease agreements are often contain provisions that are more favorable to the landlord than they are for the tenant. This is not unexpected, as the landlord assumes a great deal of risk in leasing to a new tenant. A landlord and a tenant enter into an agreement that (generally speaking) governs their relationship for three or more years. Contact the Jacobs Law Firm, commercial real estate attorney Clermont FL today.

Commercial Real Estate Attorney Clermont FL

Clermont Florida Real Estate Attorney

The commercial lease agreement entered into by the parties need not be unbalanced and entirely in favor of the landlord or the tenant. In fact, the more reasonable (there is that magic legal word again) and balanced the agreement is, the less of a chance litigation will arise. Business relationships are built on a foundation of trust. Before any agreement is offered or signed, go ahead and remove the bitterness both sides commonly feel because of the lack of clarity in the contract. Entering into a commercial lease agreement is a process that should be governed with caution, flexibility, and intelligence guided by experience. Attorney Jonathan Jacobs is a Clermont Florida Real Estate Attorney.

Clermont Florida Real Estate Attorney

Commercial Lease Agreement Attorney Florida

In theory, most commercial lessees and lessors should consider hiring an attorney. A commercial lease agreement attorney Florida can help regulate the language in the lease in such a manner as to benefit both sides, add clarity, lessen the risk of litigation, and prevent both sides from feeling distrust. If a lessee and a lessor (landlord) can maintain a good working relationship, both sides will benefit financially. The relationship can last for multiple lease periods and both businesses can grow together as a result. Openness between the parties can help in the resolution of significant problems at the beginning rather than causing an escalation of tensions and financial burdens. This is why you should consider retaining Jonathan Jacobs, Commercial Lease Agreement Attorney Florida, because he will review the terms of the commercial lease agreement with you and most essentially, for you.

Jonathan Jacobs, Esq. is a Commercial Lease Agreement Attorney and a commercial real estate attorney Clermont FL who is ready to help you avoid the perils and pitfalls associated with commercial lease agreements.

Clermont Florida Real Estate Attorney

Clermont, Florida is a burgeoning City experiencing enormous growth in residential homes and commercial properties. One cannot drive on Highway 50 or Highway 27 without noticing the expansion of nearly every square foot. This means that new businesses are moving to Clermont who need the help of a Commercial Lease Agreement Attorney, and new residents need the help of a Clermont Florida real estate attorney.

It bears mentioning that residential lease agreements are also full of unique contractual provisions that could be costly if renters are unaware of their meaning and potential consequences. Ultimately, if you believe that you need an attorney to review your commercial lease agreement, or to negotiate better terms on your behalf before you commit to a lease for a period of years, call the Jacobs Law Firm for help. Attorney Jonathan Jacobs, Commercial Lease Agreement Attorney Florida, is here to help from the beginning of your business’s journey.

 

 

 

 

 

 

 

Breaking a lease due to mold florida

Breaking a Lease Due to Mold in Florida

Breaking a Lease Due to Mold in Florida

Breaking a lease due to mold in Florida: Can I Get Out of my Lease if There is Mold, is a question that many honest and decent renters/tenants frequently ask us. It is likely a court will take judicial notice that Florida is a warm state that furnishes a climate in which mold could become a problem if untreated by the landlord and/or the tenant. A reasonable (reasonable is perhaps the most important word in the legal dictionary, and ironically, it has a different interpretation and application for almost every unique situation) landlord and a reasonable tenant, should take simple steps to prevent the outbreak of mold in their rental home(s) or apartment(s). Mold can be a basic maintenance issue. Most alarming is that according to the Center for Disease Control, “Exposure to mold can lead to asthma attacks, eye and skin irritation, and allergic reactions. It can lead to severe infections in people with weakened immune systems.” Whether you are the landlord or the tenant in a situation in which mold growth and exposure is a problem, you should take the situation seriously to prevent harm, and take all reasonable precautions against the spread of mold. Before Breaking a Lease Due to Black Mold in Florida, ask Attorney Jonathan Jacobs who is a mold attorney in Florida and mold attorney in Orlando Florida, if your situation warrants legal action.

breaking a lease due to black mold in Florida

Breaking a Lease Due to Black Mold in Florida

To best address the central question posed, of whether there is legal justification for breaking a lease due to black mold in Florida, it is important for a tenant to examine the lease agreement before breaking a lease due to black mold. When a landlord is aware of prior mold issues, they may include mold addendums in their lease agreement contracts to protect themselves from being sued. Landlords may seek to hold tenants responsible for the growth of mold, sometimes fairly, and sometimes unfairly. For example, some tenants will follow their contract(s) to the letter of the law and take every reasonable precaution to ensure the mold-free habitability of their rental home, but are unable or unwilling to spend their own money to prevent its spread. Meanwhile, some landlords will ignore or neglect any water damages issues, corroded water seals, or telltale signs of mold infestation even if they are made aware of the situation because they regard it as a tenant’s failure to maintain the premises.

Both sides could be at fault, particularly if a tenant fails to notify a landlord of any mold-related conditions within the premises, and the landlord has no reason to suspect the growth of mold. Ultimately, if informed and aware of the situation, a reasonable landlord should consider mold remediation when appropriate, and a reasonable tenant should take precautionary measures to prevent the growth or subsequent spread of mold and avoid any situations that could trigger a lawsuit. Breaking a lease due to black mold is by no means a guarantee, and whether a court will allow you to do this is a question of fact.

Can I Get Out of my Lease if There is Mold? Constructive Eviction

Generally, there are two primary remedies available to a tenant when his/her rental home has been invaded by mold. First, let’s assume that a tenant has found mold, notified the landlord of the mold, possibly suffered medical symptoms from mold exposure, and has been forced to move out due to the mold. In such a circumstance, one legal remedy is for the tenant to withhold rent for the amount of time they have been “constructively evicted.” Constructive eviction occurs when a landlord has failed to maintain the premises in such a manner as to render the home uninhabitable. Uninhabitability of a home may occur with the spreading of certain types of mold. Further, if the landlord has been given appropriate notice, and has not taken reasonable action to remedy the problem, the renter may wish to consider hiring his/her own licensed mold remediator to clean up the premises. The mold remediation fee, if reasonable, can be, in some circumstances, subtracted from the rent owed to the landlord. The original question of can I get out of my lease if there is mold, is now one of choice of proper remedies for each unique situation. Breaking a lease due to black mold in Florida is not necessarily the first option a tenant should consider.

The second major remedy when there is a mold issue, is to terminate the lease if the mold problem is “significant.” In order to seek to terminate a lease agreement on account of mold, a tenant generally must provide a landlord with reasonable notice (7 or more days is the general statutory provision) to allow the landlord to remedy the situation. The difficulty a tenant may face is that testing for mold may take time, and mold remediation may take more than a week to fully perform. During that time the renter may be without their furniture, clothing, groceries, toiletries, and/or a place to stay. In some cases, if the landlord neglects to clean up the premises despite more than adequate notice, the tenant is considered to be constructively evicted. If you would like more information please contact a mold attorney in Orlando Florida.

mold attorney in orlando florida

Mold Attorney in Florida, Mold Attorney in Orlando Florida

Back to the central question, whether you should consider breaking your lease due to mold in Florida. The answer is maybe. The terminability of a residential lease and breaking a lease due to black mold depend on factors such as: the wording of the lease agreement, whether the tenant or the landlord has taken reasonable steps to prevent or eliminate the problem, whether the tenant has suffered health problems because of the mold, and if reasonable notice has been given by the tenant to the landlord. If you are a landlord or a tenant who needs to speak with a lawyer about the mold situation in a residence, please contact Attorney Jonathan Jacobs, mold attorney in Florida, mold attorney in Orlando Florida, for a consultation to discuss your legal rights and responsibilities.

Click here to see the Environmental Protection Agency’s A Brief Guide to Mold, Moisture, And Your  Home. For information on unlawful detainer in Florida, call us today. Enjoy our entire law website. As a mold attorney in Orlando Florida, and a mold attorney in Florida in general, I can tell you that breaking a lease due to black mold in Florida may result in a small claims lawsuit or perhaps in a more significant lawsuit for damages over $5,000 or even above $15,000. Jonathan Jacobs will file your lawsuit or defend you against a lawsuit when civil litigation arises.

Mold Attorney in Florida

Cost of a Will in Florida

Probate Attorney Clermont FL

Lake County Florida Wills Attorney, Probate Attorney Clermont FL

As a probate attorney Clermont FL, and a Lake County Florida wills attorney, clients often ask me what they can do to ensure their loved ones are taken care of if and when a life-altering event happens. I often advise clients that one of the very best things a person can do is create/draft a will. For younger people (generally-speaking, and depending on income and financial portfolio statuses), a simple will may suffice. You are likely already wondering how much is a simple will if you hire an attorney versus drafting one by yourself, and generally speaking, what is the cost of a will in Florida?

How Much is a Simple Will? Cost of a Will in Florida

How much is a simple will here at the Jacobs Law Firm? A simple will generally costs about $350-$750.00 on average. The cost of a will in Florida that includes trusts and specialized estate planning is significantly higher, in the thousands of dollars. A simple will provides for basic expenses to be paid (based on Florida statutory law) in the event of the testator’s (will maker) death.  These expenditures include burial arrangements, recent medical bills, debts, and taxes. Furthermore, a simple will, much like a more extensive will, provides for the designation of a personal representative (PR). A personal representative is a highly-trusted individual responsible for the management and distribution of the testator’s estate (my friend Steve likes to say that a testator is not an experimental potato, it is the person that makes the will for him or herself!). Designating only one personal representative does not account for life’s uncertainties. It is best to appoint a substitute PR just in case something happens to the first. Life happens, and so does the opposite! You may consider hiring a Lake County Florida wills attorney or a probate attorney Clermont FL. We can let you know the cost of a will in Florida as pertains to the size and requirements of your estate.

Do I Need a Simple Will or a Larger Estate Plan?

A simple will allows the will-maker/testator to designate beneficiaries. Beneficiaries are people named in the will who the testator wants to received his/her assets such as real (houses, condominiums, cars) or tangible personal property (baseball card collections, Pokemon cards, video game collections, and gold watches); the list is unique to each testator. Multiple beneficiaries may be given part of the estate.

Alternatively, certain persons may be announced as excluded from the various and sundry bequests issued by the will-maker. This is the testator’s chance to show his or her loved ones just how much they care, and the thought they placed into how best to express their heartfelt sentiments. Friends, family, charities, the combinations of recipients for bequeathing property are vast, although certain additional forms and instructions may be required. The cost of a will in Florida is generally lower if all you request is a simple will, although given the size of your estate, it could take longer to prepare your will.

Lake County Florida Wills Attorney

Guardianship Provisions

A simple will gets less simple when guardianship provisions are included. Guardianship provisions are a series of announcements regarding who will care for the children or animals (or both) in the event of the will-maker’s untimely demise. The enforceability of these guardianship provisions is impacted by many factors. Nevertheless, a simple will does not have to be a permanent solution to all of life’s uncertainty, it can be a starting point until a more thorough document can appropriately calculate for all of the testator’s final estate.

 Probate Attorney Clermont FL

Probate Attorney Clermont FL: Cost of a Will in Florida

How much is the cost of a will in Florida? This depends in part on how long it takes for a will to be written. The time it takes for a lawyer to write a will depends on the level of complexity, novelty, the size of the estate, and the unique wishes of the testator (among other considerations). The fact remains that wills come in all shapes and sizes. Many people use generic forms without considering the enforceability of their provisions, the extent of their unique needs and goals, as well as the legality of their requests. Hiring an attorney to write your will adds at a minimum an additional level of safety and security. At a maximum it can ensure enforceability by the court, a smooth transition without the need for extensive additional legal fees, and most importantly, that their loved ones will receive their inheritances without will contests and ambiguity that leads to significant legal issues and consequences. How much are you able to spend on a estate planning? This may impact the cost of a will in Florida. Consider carefully what your needs are and if you choose to hire an attorney to write your will, I hope that we have answered how much is a simple will and that you will consider the Jacobs Law Firm: probate attorney Clermont FL, Lake County Florida wills attorney.

What is durable power of attorney in Florida? What is a Totten trust?

 

Florida Ban on Texting While Driving Law

Florida Ban on Texting While Driving Law

Florida Ban on Texting While Driving Law

Florida Statute 316.305 is officially known as the Florida Ban on Texting While Driving Law. It is rare that vital legislation has a name so appropriate, so in sync with what it really means and the effect that it has on drivers. Nevertheless, please indulge me as I endeavor to parse (separate and identify key portions) the language of the law to provide my fellow Floridians with a better idea of what Florida Statute 316.305 means. Also, you might really want to know if texting while driving can lead to a traffic ticket, and we answer that question here as well. Read on folks!

Florida Ban on Texting While Driving Law

First, it is generally the bedrock of any legislative enactment that the Florida Legislature will announce the recipients or groups that the bill applies to. Fla. Stat. 316.305(2)(a) provides that the texting while driving law is intended to allow for greater roadway safety for “all vehicle operators, vehicle passengers, bicyclists, pedestrians, and other road users.” Other road users means anybody not explicitly mentioned. It is a catch-all provision designed to account for everyone and anyone not heretofore listed or explicitly announced. This is a legislative technique designed to incorporate the greatest number of individuals and groups.

Traffic Ticket Attorney Lake County Florida

Texting and Driving Florida, Traffic Ticket Attorney Lake County Florida

Really though, the Florida Legislature’s overarching purpose in passing this bill is to (paraphrasing sections 2(a-c)) prevent car crashes that result from a driver’s inattention on account of texting while driving. This includes (ideally) a diminishment of serious injuries, property damage, and as an intended positive consequence, a reduction in health care costs across the board due to the reduction in injuries caused and the accompanying decrease in the cost to insurers that may be passed along (trickle-down insurance economics) to the insured. Jonathan Jacobs is a traffic ticket attorney Lake County Florida.

Florida Ban on Texting

The Florida Ban on Texting While Driving section (2)(d) is of particular interest because it grants law enforcement officers (commonly abbreviated as LEOs) the power to stop cars when the driver is texting. NOT SO FAST. This is considered a mere secondary offense. In order for the police to make the stop and ticket/issue a citation to the driver, he/she must be in violation of a PRIMARY offense first. Generally, a police officer may not stop those texting while driving unless the texting driving is guilty (allegedly) of another traffic violation such as speeding, improper lane change, running a stop sign, driving while license suspended, reckless driving, etc. Distracted driving alone is generally not a pretext for a valid stop. Those primary offenses may lead to a traffic ticket citation being issued.

Texting and Driving Florida

Texting and Driving Florida

Florida Statute 316.305(3)(a) then goes on to offer a broad-based definition of what the Legislature means by “texting while driving.” Texting while driving does not mean just texting, rather it refers to most applications of a cell phone while driving that involve taking one’s eyes off of the road, “A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging.” The lesson here is that texting while driving might not get you pulled over and ticketed by the police, but texting while driving could cause an accident, or an inadvertent violation of a traffic law that will potentially give the authorities cause to pull you over for both the primary offense and for texting while driving.

If this article about the Florida Ban on Texting While Driving Law has not impacted you by the purpose of the Statute alone, here is a statistic that may open your eyes. According to the Florida Department of Highway Safety and Motor Vehicles, in 2016 45,000 crashes were caused by “distracted” motorists last year in the State of Florida. There were 214 casualties as a result. This statistic should impress upon you the need to be conscious of drivers around you, and of the danger that results from texting while driving, which causes distracted driving.

Call Jonathan Jacobs, traffic ticket attorney Lake County Florida today.

Do you know about the Florida rear end Statute? Or the Florida rear end presumption?

Orlando Debt Relief Attorney

Orlando Debt Relief Attorney

Orlando Debt Relief Attorney, Clermont Debt Relief Lawyer

Are you in debt? Are you unable to pay your credit card bills? Have you received notices of overdue payment? Are you getting constant calls about the repayment of your debt? Have any credit card companies, banks, or health care providers filed a lawsuit against you to collect on your overdue credit card balance? An Orlando debt relief attorney can help you negotiate with a credit card debt collector, bank attorney or health care debt agent to reduce your overdue balance, or in some cases, eliminate it altogether. If your goal is to stop the calls, prevent the bill collectors from persistently asking you for money, and reduce the amount of your debt, hire an Orlando debt relief attorney, or if you live in Lake County, a Clermont debt relief lawyer, to help you obtain the relief you need today. These are serious financial matters and are best handled by qualified legal professionals. Get help to protect your bottom line.

Lake County Debt Lawyer

Debt Consolidation Florida: Lake County Florida Debt Lawyer

Consider hiring an Orlando debt relief attorney or a Lake County Florida debt lawyer to help you get out of debt. If the debt collectors have been unable to collect directly from you, or feel that you are unwilling to pay them, a third party law-licensed negotiator can be the solution to your debt negotiation. This is why you have hired an attorney, to be your advocate and to be an aggressive negotiator on YOUR behalf. Debt consolidation Florida is a huge business and involves the legal system in its creditor-debtor battles.

Debt consolidation specifically requires the merging of multiple credit card overdue accounts. This is a complex procedure that may require an experiences debt help attorney. Hiring an attorney may seem to be expensive given you are already in debt. Consider the alternative. If your lawyer helps you save hundreds or thousands of dollars by negotiating on your behalf, then his/her attorney fee maybe easier to accept.

Lake County Florida Debt Lawyer

Credit Card Debt Attorney Tavares

If you live in Lake County, hire a Credit card debt attorney Tavares that has gone through the debt consolidation and debt bargaining many times before. Their goal becomes your goal; to consolidate and/or reduce your debt. This may involve helping you to establish an AFFORDABLE monthly payment plan. Before you decide to go fend for yourself and to try to navigate through this process alone, consider whether having an expert debt relief attorney by your side may help you feel more secure in your position and help your bottom line. Consider hiring Jonathan Jacobs, Clermont debt relief lawyer, credit card debt attorney Tavares, to reduce your amounts owed.

Credit card debt and debt relief in Florida are topics that are closely associated with small claims lawsuits. So are eviction lawsuits and breach of employment contract lawsuits. Attorney Jacobs appears at mediation and in court for his debtor clients. Your amounts owed can be reduced, and monthly installment plans can be negotiated, if not an outright dismissal.

The Jacobs Law Firm’s primary practice areas are family law, alimony and child support, personal injury, criminal defense, landlord tenant and eviction law, estate planning, civil litigation, and of course, legal writing via the Florida Law Blog.

Landlord Tenant Lawyer in Orlando

Landlord Tenant Lawyer in Orlando

Landlord Tenant Lawyer in Orlando

Landlord tenant law is an area of law that involves a great deal of controversy and bitterness between the litigants. Let’s analyze the perspectives of both parties, the landlord and the tenant, in order to gain a deeper understanding of some of the issues involved in a housing dispute.. In doing so, I have created a hypothetical landlord-tenant case study to create a framework for this discussion of what the parties often fight about in and out of court. If you need help with your lease, your eviction case, or any kind of a landlord-tenant legal issue, contact Attorney Jonathan Jacobs who is a landlord tenant lawyer in Orlando, and a landlord tenant lawyer in Clermont FL. Contact us today for your free consultation!

Hypothetical Landlord Tenant Dispute: Plaintiff/Landlord v. Defendant/Tenant

By way of hypothetical example, a landlord sues a tenant. First, I will present the hypothetical landlord’s point of view. As an attorney, I seek to understand both sides of the argument to help my clients win their case(s). The landlord wants to sell his condominium because the value has gone up significantly in a short period of time. In his mind, the tenant has been nothing but a complainer, and too much trouble to be worth renting their home to. The tenant has shown little appreciation for the maintenance of the property, and regardless, his/her lease will not be renewed the coming year. So, knowing this information, why not try to compel the tenant to leave voluntarily, or at least plan for the next tenant or next step with/for the home?

From the landlord’s viewpoint, the tenant has become at best a minor nuisance, at worst a tenant with whom they cannot reason with. The tenant has text messaged and called dozens of times to demand repairs for the A/C, a leaky faucet, an electrical outlet that does not work properly, a door has become unhinged, etc. The list could go on ranging from serious repair problems to more ordinary household wear and tear (reasonable daily maintenance). Perhaps these are perfectly reasonable issues that need to be addressed to ensure the habitability of the residence and the comfort of the renters. Then again, the landlord might not believe that those repairs are his/her responsibility. This is why reading, reviewing, and understanding your renter’s contract is of the utmost importance.

There are frequently differing opinions as to the meaning of a lease agreement/contract. Ultimately, the landlord prefers that the tenant move out immediately. This may involve the landlord filing for eviction. Eviction can be done if the renter fails to pay rent in a timely manner, if the renter has damaged the property in a significant manner, or if the renter has refused the landlord access to repair serious damage to the property. Whether there is legitimate cause for such a lawsuit and verdict of eviction, is another matter entirely. Eviction is a fact specific issue. Call a landlord tenant lawyer in Orlando or a landlord tenant lawyer in Clermont FL to learn whether you have a viable case that can be brought to the court’s attention with the likelihood of a successful outcome.

Landlord Tenant Lawyer in Orlando: Tenant’s Point of View

In our hypothetical landlord-tenant dispute, let’s shed some light on the tenant/renter’s point of view. The tenant has felt ignored and neglected by the landlord. He/she has brought to the landlord’s attention the fact that a licensed handyman, or a plumber, or some other qualified repair person needs to come fix several areas in/of the residence. The tenant has a sense of urgency about the completion of the repairs because he/she lives there with young children. The tenant wants to ensure their comfort and safety, but their inability to get the landlord to pay attention to their very real problems may cause a feeling of helplessness. Perhaps, because of the landlord’s inattentiveness, this renter believes they do not owe the full amount of the rent until repairs are made. This renter withholds rent and continues to send messages requesting that certain things be fixed. Tensions build with unpaid rent, unfixed areas of the residence, and varying interpretations of who is to blame. This is when the parties may seek to hire a landlord tenant lawyer in Orlando.

Civil litigation often involves a lot of money that you may be liable for or are trying to collect from someone. The best practice with the likeliest outcome of success is to hire an attorney who is trained to help you recover or defend against someone seeking to dispossess you of your home and your money.

Landlord Tenant Lawyer in Clermont FL

Landlord Tenant Lawyer in Clermont FL

In another article, concerning mold exposure in a Florida apartment residence, I will explore the potential remedies both parties may have in their pursuit of meeting their demands and ensuring the health and welfare of the occupant(s). The best outcome is when landlords and tenants recognize there either is an issue, or an issue could develop if the parties remain at loggerheads, and consequently the parties work out their differences amicably. Both parties likely will need an attorney to present their arguments and to act as the voices of reason.

For more information please see Florida law Chapter 83 which governs landlord-tenant lawsuits. A landlord tenant lawyer can clarify any hard-to-understand provisions for you. Visit our Eviction homepage or our Landlord-Tenant homepage for more information. Landlord tenant disputes often arise in small claims court. I am a small claims lawyer in Orlando, should you want me there by your side.