Legal Guidelines Landlord Tennant thru Traffic Enforcement on Private Property
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Questions and Answers

In what situation can a landlord enter a dwelling unit without the tenant's permission?

  • In case of a minor leak in the roof
  • When the tenant has failed to pay rent on time
  • In case of an emergency, such as a major disruption in the roof or outer walls (correct)
  • When the tenant is away on vacation

    • Who can remove a gratuitous guest from a property?

  • The owner or possessor of the property (correct)
  • The law enforcement officer
  • The tenant
  • The landlord

    • What is required for a recovery agent to take possession of a vehicle during repossession?

  • Permission from the debtor
  • A Class E or Class EE license (correct)
  • A court order
  • A writ of replevin

    • Where can a recovery agent repossess a vehicle from?

    <p>A driveway or public street</p> Signup and view all the answers

    What is the primary consideration for a law enforcement officer when determining whether a landlord can enter a dwelling unit?

    <p>The type of emergency</p> Signup and view all the answers

    What is required of a recovery agent after repossession?

    <p>Notify a law enforcement agency within two hours</p> Signup and view all the answers

    What is a characteristic of a tenant, as opposed to a gratuitous guest?

    <p>Has a written agreement with the landlord</p> Signup and view all the answers

    What can a landlord not do to a tenant who has failed to pay rent?

    <p>Change the locks</p> Signup and view all the answers

    What is a requirement for a vehicle used for repossession?

    <p>The vehicle must display the license number of the Class R agency</p> Signup and view all the answers

    What can a recovery agent not do during repossession?

    <p>All of the above</p> Signup and view all the answers

    What is the procedure for a vehicle owner to take possession of their vehicle in a dispute over repair cost?

    <p>Post a bond with the clerk of the court in the amount of the repair invoice</p> Signup and view all the answers

    What is the consequence of a repair shop refusing to release a vehicle after a certificate is issued?

    <p>A second degree misdemeanor</p> Signup and view all the answers

    What is the condition for removal of a vehicle parked on private property without permission?

    <p>The property must be posted with a notice</p> Signup and view all the answers

    What is the remedy for a person whose vehicle is being towed or removed from private property?

    <p>Pay a reasonable service fee (not more than half the posted rate)</p> Signup and view all the answers

    Who is the natural guardian of a child born out of wedlock?

    <p>The mother</p> Signup and view all the answers

    What is the penalty for a natural father who interferes with custody of a child born out of wedlock?

    <p>Interference with custody in violation of F.S.§787.03(2)</p> Signup and view all the answers

    What is the purpose of Florida Statutes §§932.701 through 932.707?

    <p>To implement the Florida Contraband Forfeiture Act</p> Signup and view all the answers

    What is the defense available to an innocent victim in a forfeiture case?

    <p>Innocent victim defense</p> Signup and view all the answers

    What is the ruling in the case of Bennis v. Michigan, 516 U.S. 442 (1996)?

    <p>Forfeiture of a jointly-owned vehicle used by the husband in prostitution is allowed</p> Signup and view all the answers

    What is the consequence of a vehicle owner removing their vehicle from a repair shop without paying the repair cost?

    <p>The vehicle owner will be investigated for theft under F.S.§812.014</p> Signup and view all the answers

    When is a foreign national entitled to have their consular officials notified?

    <p>When they are arrested or detained, and are from a specific list of countries</p> Signup and view all the answers

    What should law enforcement officers avoid disclosing to a foreign national's government?

    <p>Information indicating that they may have applied for asylum</p> Signup and view all the answers

    What is the purpose of consular notification?

    <p>To allow the consular official to assist the foreign national in various ways</p> Signup and view all the answers

    When is consular notification mandatory?

    <p>When the foreign national is from a specific list of countries</p> Signup and view all the answers

    What is the suggested statement to use when consular notification is at the foreign national's option?

    <p>As a non-U.S. citizen, you are entitled to have us notify your country's consular representatives.</p> Signup and view all the answers

    What happens if law enforcement officers fail to comply with consular notification procedures?

    <p>The suspect's statement is automatically suppressed.</p> Signup and view all the answers

    Where can law enforcement officers find telephone and fax numbers of foreign embassies and consulates?

    <p>U.S. Department of State website</p> Signup and view all the answers

    What is the purpose of the Miranda warnings?

    <p>To protect the suspect's rights during interrogation</p> Signup and view all the answers

    When is consular notification not required?

    <p>During brief, routine detentions</p> Signup and view all the answers

    What is the suggested statement to use when consular notification is mandatory?

    <p>Because of your nationality, we are required to notify your country's consular representatives.</p> Signup and view all the answers

    What is the nature of Landlord-tenant laws in Florida?

    <p>Civil laws</p> Signup and view all the answers

    Who determines the tenant's rights to privacy in their dwelling?

    <p>Statute (F.S.§83.53)</p> Signup and view all the answers

    Under what circumstances can a landlord enter a dwelling unit at any time?

    <p>For the protection or preservation of the premises</p> Signup and view all the answers

    A landlord may enter a dwelling unit upon reasonable notice to the tenant and at a reasonable time for what purpose?

    <p>For the purpose of repair of the premises</p> Signup and view all the answers

    What happens if the tenant unreasonably withholds consent to the landlord's access to the dwelling unit?

    <p>The landlord can enter the dwelling unit without consent</p> Signup and view all the answers

    What is the condition for a landlord to enter the dwelling unit if the tenant is absent from the premises?

    <p>The rent is current and the tenant notifies the landlord of an intended absence</p> Signup and view all the answers

    What is the limitation on the landlord's right of access to the dwelling unit?

    <p>The landlord shall not abuse the right of access nor use it to harass the tenant</p> Signup and view all the answers

    What is the purpose of the statute F.S.§83.53?

    <p>To regulate the relationship between landlord and tenant</p> Signup and view all the answers

    Where can a police report for a missing child be filed?

    <p>In the county or municipality where the child was last seen</p> Signup and view all the answers

    What must the Law enforcement agency do upon receiving a police report for a missing child?

    <p>Immediately inform all on-duty officers and communicate the report to every other Law enforcement agency</p> Signup and view all the answers

    What is the purpose of the form that lists critical tasks to be performed and information to be gathered by an officer when a missing child is first reported?

    <p>To guide the officer's response to a missing child report</p> Signup and view all the answers

    When can an 'AMBER alert' be activated for a missing child?

    <p>If there is a clear indication of abduction and a detailed description of the child and/or the abductor</p> Signup and view all the answers

    Who should be contacted to activate an 'AMBER alert' for a missing child?

    <p>The FDLE Missing Children Information Clearinghouse (MCIC)</p> Signup and view all the answers

    What is one of the methods used to broadcast an 'AMBER alert' for a missing child?

    <p>Emergency Alert System</p> Signup and view all the answers

    What is the definition of sexual harassment in the workplace?

    <p>Verbal or physical conduct of a sexual nature that creates an intimidating or hostile environment</p> Signup and view all the answers

    What is the employer's responsibility in preventing sexual harassment?

    <p>To exercise reasonable care to prevent and correct promptly any sexually harassing behavior</p> Signup and view all the answers

    What is the consequence of an employer failing to prove reasonable care in preventing sexual harassment?

    <p>The employer is liable for damages to the victimized employee</p> Signup and view all the answers

    What is the purpose of making it known to employees that sexual harassment will not be tolerated?

    <p>To prevent sexual harassment from occurring in the workplace</p> Signup and view all the answers

    What is the standard for determining whether sexual harassment has occurred?

    <p>Whether the conduct has the purpose or effect of unreasonably interfering with an individual's work performance</p> Signup and view all the answers

    What is the responsibility of a supervisor with immediate authority over an employee?

    <p>To prevent sexual harassment from occurring in the workplace</p> Signup and view all the answers

    What is the consequence of a supervisor failing to prevent sexual harassment?

    <p>The supervisor is liable for damages to the victimized employee</p> Signup and view all the answers

    What is the purpose of the Florida Statute F.S.§110.1221?

    <p>To prohibit sexual harassment as a form of discrimination</p> Signup and view all the answers

    What must agencies do to employees who engage in sexual harassment?

    <p>Discipline them according to the agency's policy</p> Signup and view all the answers

    What information must a complaint of sexual harassment contain?

    <p>All of the above</p> Signup and view all the answers

    What is the consequence of an employee knowingly filing a false complaint of sexual harassment?

    <p>They will be disciplined according to the agency's policy</p> Signup and view all the answers

    What must agencies do to protect the privacy of those involved during an investigation of sexual harassment?

    <p>Take steps to protect the privacy of those involved</p> Signup and view all the answers

    What is the purpose of designating a person to receive complaints of sexual harassment?

    <p>To ensure that complaints are properly investigated and resolved</p> Signup and view all the answers

    Under what circumstances can an officer enforce traffic laws on private property?

    <p>Only when the public has a right to travel by motor vehicle on the property</p> Signup and view all the answers

    What is the consequence of an agency failing to comply with investigatory procedures and rights contained in collective bargaining agreements?

    <p>The investigation will be deemed invalid</p> Signup and view all the answers

    What is the purpose of requiring employees to acknowledge understanding and acceptance of the agency's sexual harassment policy?

    <p>To ensure that employees are aware of the policy</p> Signup and view all the answers

    What is the consequence of retaliation against an employee who has filed a complaint of sexual harassment?

    <p>The employee who retaliated will be subject to disciplinary action</p> Signup and view all the answers

    What is the condition for municipalities to enforce state traffic laws on private property?

    <p>When the public has the right to travel by motor vehicle</p> Signup and view all the answers

    Which of the following roads are not available for public use?

    <p>Private roads within a private development</p> Signup and view all the answers

    What is required for a municipality to exercise jurisdiction over a private road or roads owned or controlled by a special district?

    <p>A written agreement approved by the governing body of the municipality</p> Signup and view all the answers

    What is the role of the board of directors of a homeowners' association in enforcing state traffic laws on private roads?

    <p>They can elect to have state traffic laws enforced by local law enforcement agencies on private roads</p> Signup and view all the answers

    What is the requirement for roads to be subject to public control pursuant to Chapter 316?

    <p>The road must be available for public use</p> Signup and view all the answers

    What is the limitation of the traffic laws of Chapter 316 on private property?

    <p>They can only be enforced on private property where the public has the right to travel by motor vehicle</p> Signup and view all the answers

    What is the requirement for a municipality to enforce traffic laws on private roads within a special taxing district?

    <p>A written agreement approved by the governing body of the municipality</p> Signup and view all the answers

    What is the authority of local law enforcement agencies on private roads controlled by a homeowners' association?

    <p>They can enforce state traffic laws on private roads only with the association's permission</p> Signup and view all the answers

    Study Notes

    Florida's Residential Landlord and Tenant Laws

    • Landlord and tenant laws are civil in nature, unless a dispute escalates into a criminal matter.
    • A tenant's rights to privacy in their dwelling are determined by statute (F.S.§83.53).
    • The landlord has the right to enter the dwelling unit:
      • With the tenant's consent
      • In case of an emergency
      • When the tenant unreasonably withholds consent
      • If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments
    • A landlord may not abuse their right of access or use it to harass the tenant.
    • A tenant has a right to enter the premises until legally evicted, and a landlord may not prevent entry by changing the locks (F.S.§83.67(2)).

    Distinctions between Tenants and Gratuitous Guests

    • A tenant occupies and uses the premises pursuant to an agreement (oral or written) and provides something in return for the right to remain.
    • A gratuitous guest occupies and uses the premises without any sort of agreement and without providing anything in return for the right to remain.
    • A gratuitous guest may be removed for any reason by the owner or possessor of the property.
    • A tenant who occupies the property pursuant to an agreement may only be removed pursuant to civil action, even if they have failed to live up to the terms of the agreement.

    Repossession

    • A secured party has the right, upon default, to take possession of collateral (often a vehicle) without judicial process, as long as this can be done without breach of the peace (F.S.§679.609).
    • A recovery agent must have a Class E or Class EE license issued by the Department of Agriculture and Consumer Services (F.S.§493.6118(x)).
    • Vehicles used for repossession must be identified during repossession by the license number of the Class "R" agency only, with local ordinances notwithstanding (F.S.§493.6404(3)).
    • A recovery agent may not enter the debtor's home or enclosed and secured garage without permission, nor open a locked gate or move aside a barrier.

    Motor Vehicle Repairs

    • A vehicle owner who refuses to pay the repair bill may take possession of their vehicle by posting a bond with the clerk of the court (F.S.§559.917).
    • Once the bond is posted, the clerk will issue a certificate directing the repair shop to release the vehicle.
    • The refusal of a repair shop to release the vehicle after the certificate is issued is a second-degree misdemeanor (F.S.§559.917(3)).

    Removal or Towing of Vehicles Illegally Parked on Private Property

    • The owner or lessee of real property or any authorized person may cause any vehicle parked on their property without permission to be removed from said property without liability for the costs of removal, transportation, or storage or damages caused by such removal (F.S.§715.07).
    • The property must be posted with notice for this section to apply.
    • If a person seeks the return of the vehicle while it is being towed or removed, it must be returned if they pay a reasonable service fee (not more than half the posted rate for towing or removal service) after being given a reasonable opportunity to do so.

    Child Custody Disputes

    • A married mother and father are jointly natural guardians of their own minor children and their adopted minor children (F.S.§744.301).
    • If the marriage is dissolved, natural guardianship belongs to the parent to whom custody is awarded.
    • If joint custody is given, both parents shall continue as natural guardians.
    • The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child, unless a court order states otherwise.

    Foreign Nationals

    • When a foreign national is arrested or detained, they must be informed without delay of the right to have the consular officials of their home country notified and the right to communicate with those consular officials.
    • This notice should be given in addition to, not instead of, the Miranda warnings.
    • Brief, routine detentions, such as for a traffic violation or accident investigation, do not trigger this requirement.

    Missing Children

    • A police report that a child is missing may be filed with the Law enforcement agency having jurisdiction in the county or municipality in which the child was last seen prior to the filing of the report.
    • Upon the filing of a police report, the Law enforcement agency receiving the report must immediately inform all on-duty officers of the existence of the report, communicate the report to every other Law enforcement agency having jurisdiction in the county, and transmit the report for inclusion within the Florida Crime Information Center computer (F.S.§937.021).
    • If the missing child is under 18, there is a clear indication of abduction, the law enforcement agency's investigation concludes that the child's life is in danger, and there is a detailed description of the child and/or the abductor and/or his or her vehicle, the law enforcement agency may recommend activation of an "AMBER alert."

    Sexual Harassment

    • Sexual harassment is a form of discrimination (F.S.§110.1221) and is not tolerated in the workplace.
    • It includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
    • Submission to such conduct can be a term or condition of employment, affect employment decisions, or create an intimidating, hostile, or offensive working environment.
    • Employers are liable for sexual harassment by supervisors, but can assert an affirmative defense if they exercised reasonable care to prevent and correct harassment, and the employee unreasonably failed to take advantage of preventive or corrective opportunities.
    • Agencies must make sexual harassment policies known to employees and provide a copy of the policy and procedures for investigating and resolving complaints.
    • Each employee must acknowledge understanding and acceptance of the policy, and documented evidence of the acknowledgement shall be retained in the employee's personnel file.

    Investigation and Resolution of Complaints

    • Agencies must develop and implement procedures to investigate and resolve complaints of sexual harassment.
    • Complaints must be in writing, signed by the complainant, and contain specific information, including the name of the alleged harasser and victim, and a clear and concise statement of the facts.
    • Agencies must initiate prompt review of complaints and take steps to protect the privacy of those involved.
    • Agencies must comply with investigatory procedures and rights contained in collective bargaining agreements.
    • The filing of a complaint does not preclude the complainant from also filing a complaint with the Florida Commission on Human Relations (FCHR) or the Federal Equal Employment Opportunity Commission (EEOC).

    Enforcement of Traffic Laws on Private Property

    • Officers may enforce traffic laws on private property only when the public has a right to travel by motor vehicle on such property (AGO 88-05, F.S.§316.640).
    • This includes areas such as shopping centers and parking lots, but not private roads or streets within a special taxing district where the public does not have the right to travel.
    • A municipality may exercise jurisdiction over private roads or roads owned or controlled by a special district if the municipality and party owning or controlling the road provide a written agreement.
    • A homeowners' association may elect to have state traffic laws enforced by local law enforcement agencies on private roads controlled by the association (F.S.§316.006(2) (b)).

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    Legal Guidelines # 25 thru # 34

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