AUGUST 2020
The latest news and updates
100th Anniversary of the Ratification of the 19th Amendment
Written by Maria Machado
Social Security & AARP Warn Against New Scams
Written by Maria Machado
SSA and The Office of the Inspector General are obtaining help from AARP in an effort to warn the public about COVID-19 related scams. Scammers may try to contact the indigent and/or the elderly to try to trick them into giving out money or their information; they may try to do so by phone, letter, text, or email impersonating government officials.

It is vital to remember that government agencies will never:

  • Call you to request information or payment due to coronavirus or office closures.
  • Threaten to arrest you because of an identity theft problem.
  • Require you to put money into a protected account.
  • Ask you for payment by gift card, wire transfer, internet currency, or by mailing cash.
  • Tell you to make up a story to tell your family or bank employees about why you need gift cards or cash.

Social Security continues to pay benefits during the pandemic since employees are still tirelessly working even though the actual offices are closed to the public, in an effort to uphold social distancing guidelines.

For questions about how COVID-19 has affected Social Security services, please click here.
To report a Social Security Scam, please click here.
To read this full article, please click here.
Covid-19 Mask Exemption Cards Are Not From The Government
Written by Maria Machado
In an effort to limit the spread of the covid-19 virus, states have made it a requirement that people wear a face covering in public places. A direct effect of this requirement has been the circulation of cards, online and on social media, that state that the holder has a disability, which prevents them from wearing a mask, as well as stating that asking the holder to disclose their disability is illegal. The reality is that these cards are not issued or endorsed by the DOJ, the ADA or any other federal agency.

The Department of Justice urges the public to not rely on the information they may see online, or on social media, and to instead get their information from a reliable source such as the ADA website.

For more information about rights provided by the Americans with Disabilities Act please click here or call 800-514-0301 or 800-514-0383.
Update on Eviction and Foreclosure Moratorium in Seminole County
Written by Maria Machado
July 29, 2020, Governor DeSantis signed Executive Order 20-180 extending the suspension on evictions until September 1, 2020. In it he states "I hereby suspend and toll any statute providing for final action at the conclusion of an eviction proceeding under Florida law solely when the proceeding arises from non-payment of rent by a residential tenant adversely affected by the COVID-19 emergency."


To view the full text of this order please, click here.

Also, to view local court information regarding evictions and foreclosures from the 18 th Judicial Circuit Court Administrative Order please click here.

 
Below we have included a flowchart re garding evictions as of July 29, 2020.
New Laws Taking Effect in 2020
Temporary Custody of Minor Children by Extended Family
Written by Silvia McLain, Esq.
Senate Bill 124 was signed by Governor DeSantis and is effective on July 1, 2020. The bill revises Chapter 751 of the Florida Statutes concerning Temporary Custody of Minor Child by Extended Family. The purpose of this chapter was changed to “protect the welfare of minor child by allowing transitions of custody consistent with their best interest.” The definition of the term “extended family member” now also includes an individual who qualifies as “fictive kin” as defined in Fla. Stat 39.01.  Fictive kin means a person unrelated by birth, marriage, or adoption who has an emotionally significant relationship, which possesses the characteristics of a family relationship, to a child. You can now also include a reasonable transition plan that provides for a return of custody back to the parent or parents. 

Many additional persons, who meet all the requirements established in the chapter, will be able to use this revised law to establish temporary custody of a minor child and avoid the establishment of a guardianship for the minor child and the associated filing of the required annual reports.


To review the amendments, please click here.
New Law Concerning Emotional Support Animals
Florida Senate Bill 1084
Written by Yvonne Alonso, Esq.
On June 23, 2020, new legislation passed prohibiting a housing provider from discriminating against a disabled individual who requires the use of an emotional support animal. This legislation, introduced as Florida Senate Bill 1084 passed and was approved by the Governor with an effective date of July 1, 2020. 

Specifically, this new legislation created Florida Statute 760.27 which defines what a qualifying emotional support animal and housing provider are and further prescribes the associated limitations. 

In sum, this new law prohibits housing discrimination against those disabled individuals and associated and requested reasonable accommodations made by the disabled tenant for the emotional support animal. It also places an obligation on the tenant to prove the that they have a need for the emotional support animal and to assume responsibility and ultimately liability for any damage which may done by the animal.

For more information regarding this bill, including the full text, please click here
NEW FLORIDA LAW EASES RULES ON CERTAIN FAMILY MEMBERS RECEIVING BANK FUNDS FROM DECEASED ACCOUNT HOLDERS WHO DIED INTESTATE 
Written by Sue Selsky, Esq.
A new law that took effect on July 1, 2020 which was Florida House Bill 1439, an act relating to bank property of deceased account holders, can be found in Florida Statute 655.059.

In a nutshell, certain individuals can now access a bank account of a deceased family member (the family member must be the surviving spouse, adult child if the deceased person has no spouse, an adult descendant of the deceased person if there is no spouse or adult child, or a parent of the deceased person if that person left no surviving spouse, no surviving adult child, and no surviving adult descendants).  Another requirement is that the deceased person did not leave a will, and the amount in question is $1,000.00 or less. There are requirements the family member must show, such as certified copy of the death certificate and a very specific affidavit, which is all detailed in the Statute. Further, the bank/financial institution may not make the payment any earlier than 6 months after the person dies.

There are specific requirements in the affidavit that the family member must state, and these are all described in the statute. To view said statute please click here.

This article is not meant to be legal advice; if you have questions about this new law, we recommend you seek the advice of a qualified attorney to assist you.
House Bill 7067 – Expansion of School Voucher program
Written by JoAnne Desile, Esq.
House Bill 7067 is a bill revising initial scholarship eligibility criteria for the Family Empowerment Scholarship Program; requiring that priority be given to students whose household income levels do not exceed a specified amount; requiring a scholarship-funding organization to refer students who did not receive a scholarship because of lack of funds to another scholarship-funding organization, etc.

The bill was signed by Governor DeSantis and became effective as on July 1, 2020 . The bill modifies provisions in the following programs: 1) Family Empowerment Scholarship (FES) Program; 2) the Florida Tax Credit (FTC) Scholarship Program; and 3) the Hope Scholarship Program (HSP). It also establishes a dual enrollment funding incentive for school districts.

More Specifically, the above-mentioned programs are modified as follows:
-         Family Empowerment Scholarship Program – modified to establish a priority order for an award under the FES and removes the requirement that the scholarship is awarded on a first-come, first-served basis.
-         Florida Tax Credit Scholarship Program – modified to specify that a student who receives an FTC scholarship remains eligible until high school graduation or age 21, regardless of the student’s household income level.
-         Hope Scholarship Program – modified to specify that an SFO that uses excess contributions to the HSP to fund FTC scholarships must prioritize renewal scholarships before awarding any initial scholarships.
-         As to the dual enrollment funding incentive, there is now a full-time equivalent (FTE) incentive for school districts, which provides certain bonuses for each early college program student who completes a general education core course with an “A”, certain bonuses for students who are not enrolled in an early college program who completes a general education course with “A”; and certain bonuses for any student who completes and associate degree though a dual enrollment program with a 3.0 G.P.A.

For more details regarding eligibility requirements and to see the full text of the bill please click here.
Upcoming Events

August 7, 2020 to August 9, 2020: Tax Free Weekend

August 8, 2020 to August 15, 2020: Early Voting for Florida Primary from 10:00 a.m. to 6:00 p.m.

August 17, 2020: Beginning of the 2020-21 School Year for SCPS

August 18, 2020: Florida Primary

New Administrative Orders

In Re: Judges - Appointment Of County Court Judges To Handle Circuit Cases In Certain Situations

In Re: Clerk Of Court – Covid 19 - Mortgage Foreclosure And Eviction Relief

In Re: Judges - Administrative Judges

In Re: Administrative Rules - Covid-19 Procedures – Face Covering Requirements And Self-Check Health Screening For Law Enforcement

In Re: Continuation Of Operations Based Upon Covid-19 Concerns

In Re: Juvenile – Covid-19 Emergency Procedures Juvenile Dependency Visitation Practices

In Re: Covid-19 and The Use of Social Distancing/Facial Coverings
A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL FREE 1-800-435-7352, WITHIN THE STATE OR ONLINE AT WWW.FRESHFROMFLORIDA.COM. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. OUR REGISTRATION NUMBER IS 1944.