Author: Elf

There is controversy about using animals for therapy for mental illness. People are using animals to reduce stress and anxiety, and to help with social interactions. But when children are placed in foster care, their pets are often not considered. This means they may lose an important support system. Assistance animals are animals that help…

In Florida, as more land is developed, wild animals like black bears are coming into residential areas in search of food. This has led to an increase in conflicts between humans and bears, with some people being injured and property being damaged. This article looks at what landowners and homeowner associations need to do to…

Every 20 years, Florida can change its laws by reviewing and proposing changes to the state Constitution. The Animal Law Section of The Florida Bar wants to ban greyhound racing because it’s harmful to the dogs and costs a lot of money. Florida is one of the few states that still allows greyhound racing, even…

The Migratory Bird Treaty Act is a law that protects birds from being killed or harmed. It’s been around for 100 years and is one of the most successful wildlife laws. But now, there’s a debate over whether the law should also protect birds from being accidentally harmed. This could change the future of the…

Florida has the most comprehensive laws for addressing fraud in the horse industry. The laws require sellers and agents to disclose certain information and prevent them from making secret profits. These laws are being used more often to hold people accountable for deceptive practices in horse sales. Florida’s law is the strongest in the nation…

In legal cases, the burden of proof depends on the seriousness of the situation. In civil cases, the standard is usually “preponderance of the evidence,” where both parties share the burden. For more serious accusations, like fraud, the evidence must be “clear and convincing.” In criminal cases, the state must prove guilt “beyond a reasonable…

The Administrative Procedures Act (APA) was changed in 1996, shifting the burden of proof in challenges to agency rules. Before the change, the party challenging a rule had to prove all issues, but now the agency has to prove the rule is not invalid. Recent court cases have provided some clarity on this issue, but…

Judge Manry believes there is a big problem with the way nonrule policy is defined. The law says agency policy is either policy-by-rule or nonrule policy. Policy-by-rule is policy that applies to everyone, while nonrule policy is policy that doesn’t apply to everyone. However, the courts have a different definition and say that nonrule policy…

Equitable tolling in administrative law allows a person to file a claim even if they missed the deadline because they didn’t know about it or were prevented from filing on time. In Florida, this doctrine has been applied when a person was misled or prevented from asserting their rights. In a specific case, a person…

You finished two years of law school and are applying to join The Florida Bar. However, you have to disclose some not-so-great things on your application, like misdemeanor convictions and financial problems. You need to be honest about these issues and may have to attend a hearing to explain everything. After the hearing, the board…

The recent decision in Friends of Nassau County, Inc., v. Nassau County addressed what constitutes a bad faith or frivolous administrative petition under the Florida Administrative Procedure Act. The court debated whether to use an objective or subjective analysis to determine if a petition was brought for an improper purpose. The current Florida APA has…

The Florida Legislature and courts have been arguing about how much power government agencies should have to make rules. The Legislature limited agency rulemaking power in 1996 and 1999, but recent court decisions suggest that agencies should have more freedom. The 1996 change said that agencies can only make rules that relate to their specific…

In Florida, there’s a government organization called the Division of Administrative Hearings that helps resolve disputes between people and government agencies. It’s important for making sure everyone gets a fair chance to be heard. It’s not always the fastest way to solve problems, but it’s necessary to keep the government from becoming too powerful. This…

The separation of powers is a basic rule that divides the government’s power into three parts: the people who make the laws, the people who enforce the laws, and the people who interpret the laws. This division stops one group from having too much power. It also stops the legislature from giving its powers to…

Public officials have a duty to conduct meetings in the open. But sometimes they need to discuss private business information, like trade secrets, with vendors. This creates a conflict between being open and protecting these secrets. As the government does more business with private companies, this conflict becomes more important to resolve. When companies want…