The latest news and updates
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Center for Disease Control Eviction Moratorium Extended
by Yvonne Alonso, Esq.
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On January 29, 2021 and in response to the continuing COVID-19 Pandemic, the Center for Disease Control (CDC) issued an extension of its prior Order halting residential evictions through at least March 31, 2021. The original Order went into effect on September 4, 2020 and has been extended twice as a result of the continuing spread of the virus and with the goal of keeping people in their homes and outside of congregate settings such as shelters.
The CDC Order protects tenants who have suffered a financial hardship, such as loss of income, fall within certain income guidelines, have made their best effort to apply for government assistance, etc.
Tenants must complete and supply their landlord with a declaration under penalty of perjury that they meet the required criteria contained within the Order.
To view the requisite Declaration, follow the link below:
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Seminole County Emergency Rental Assistance Program Starts March 1, 2021.
by Maria Machado
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The Consolidated Appropriations Act, 2021 established the $25 billion Emergency Rental Assistance (ERA) program. The funding provided by the ERA program will assist eligible households that have difficulty making timely payments of rent and utilities due to the COVID-19 pandemic.
Seminole County has received $14.2 million from the U.S. Department of the Treasury intended to provide rental assistance to eligible households negatively impacted due to COVID-19, and the resulting economic environment. Funds should be used to cover the financial obligation of rent and/or utilities. This County-wide program covers unincorporated areas and all municipalities and will remain open as long as funds are available.
The portal launches March 1, 2021 and the eligibility criteria are as follows:
- Reside in Seminole County, Florida
- Responsible for rent on your residence in Seminole County, Florida
- An adult in your household lost employment, experienced a reduction in hours at work, or lost income from your self-employment income due to COVID-19
- You are a U.S. Citizen or permanent legal resident (Adult applying for the assistance must be a U.S. Citizen or permanent legal resident)
- Have an annual household income for 2020 under 80% AMI (see chart below)
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To find out more, like what documents are required, and to register for the ERA Program please click here.
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Gov. Ron DeSantis Expanded COVID-19 Vaccine Eligibility
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On Friday February 26, 2021 Governor DeSantis signed Executive Order 21-46 which states that "in addition to hospital providers, physicians licensed under Chapter 458 and 459, Florida Statutes, may also vaccinate persons whom they deem to be extremely vulnerable to COVID-19, and advanced practice registered nurs3es licensed under Chapter 464, Florida Statutes, and pharmacists licensed under Chapter 465, Florida Statutes, may vaccinate persons determined by a physician to be extremely vulnerable to COVID-19."
To view the full text of Executive Order 21-46 please click here.
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Grand-Parental Visitation Rights
by Julian Suero, Barry Law Student
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Florida Statute §752.011 protects the visitation rights of grandparents, allowing them court-ordered visitation of their grandchildren when the parents or guardians of those children are deceased, missing, or in a persistent vegetative state, or when one of the parents is deceased, missing, or in a persistent vegetative state and the other parent has been convicted of a felony or an offense of violence evincing behavior that poses a substantial threat of harm to the minor child’s health or welfare. Accompanying this statute are two new forms, one petition and one order, which serve to ensure that all the requirements of the statute are met before grandparent visitation is to occur.
Form 12.975(a) is a petition for grandparent visitation of minor grandchildren. Upon the filing of this petition, a preliminary hearing is held to determine whether the petitioner grandparent has made a prime facie showing of parental unfitness. Parents will have twenty days to answer the petition after being served. Form 12.975(b) is the Order pertaining to grandparent visitation following the Final Hearing on the Petition pursuant to §752.011. If it is found by clear and convincing evidence that a parent or both parents are unfit or that there is significant harm to the child(ren), that visitation with the petitioner/grandparent(s) is in the best interest of the minor child(ren), and that the visitation will not materially harm the parent-child relationship, the order will be granted.
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Family Law Mandatory Disclosure Rule has Been Amended Effective this Year
by Silvia McLain, Esq.
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Fla. Fam. L. R. P., Rule 12.285 has been changed effective this year.
Some of the changes include the requirement that all documents supporting the income, assets, and liability figures entered into a financial affidavit must be produced. A party may file a transcript of the tax return as provided by the Internal Revenue Service Form 4506T in lieu of his or her federal income tax returns for purposes of temporary hearing.
The rule change also increased the number of pay stubs or other evidence of earned income to 6 months that must be produced. All loan applications, financial statements, credit reports or any other form of financial disclosure prepared or used within 24 months must be produced. All periodic statements from the last 12 months for all checking accounts, saving accounts, money market fund, certificate of deposit must be produced. For all accounts that have check writing privileges, copies of canceled checks and registers must also be produced.
Please refer to the rule here for additional changes.
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Family Law Rule Governing Venue is Changed
by Silvia McLain, Esq.
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Fla. Fam. L.R.P., Rule 12.060 has been modified.
If the court determines that the case is pending in the wrong court of any county, the service charge of the clerk of court to which the case is transferred must be paid by the party who commenced the action within 30 days from date the order of transfer is entered. If the service fee is not paid or waived by the clerk for indigent reasons, the case must be dismissed without prejudice by the court that entered the order of transfer.
Please refer here to view the rule.
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Darreth is a mother to a very funny and kind 12-year-old daughter. She is both a UCF alumnus and a current student at UCF as she continue her education in Legal Studies.
She is a former 911 dispatcher for the Orlando Fire Department. Darreth has joined our team after after a 15-year career with them. She enjoy serving the community and looks forward to growing with the Seminole County Legal Aid office.
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COVID-19 & Extra Emergency SNAP Benefits
by Maria Machado
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The Department of Children and Families (DCF) continues to issue emergency SNAP (food assistance or food stamp) supplements to many SNAP households to help buy food during the pandemic crisis.
In addition, now the federal government has boosted those allotments by 15% through June 2021.
To view everything you need to know about the new SNAP Benefits please click here.
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Resources for Victims of Crime
by Maria Machado
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The Bureau of Victim Compensation's brochure provides useful information for those within our communities that have fallen victim to such crimes. The resources provided are:
- Toll-Free Victim Services Information and Referral Line 1-800-226-6667
- Benefits Available
- How to Apply
- Qualification Guidelines for Applying
- Information Need to Apply
- Next Steps after a Claim is Submitted
To view the full brochure and get complete information please click here.
Also, to view a list of other resources available to victims of crime please click her.
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New Administrative Orders
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In Re: Judges - Administrative Judges
In Re: Judges - Caseload Assignment - Reassignment of Cases Assigned to Judge Wayne Culver
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Upcoming Events
March 17, 2021 - St. Patrick's Day
March 20, 2021 - First Day of Spring
March 31, 2021 - End of CDC Extension on Moratorium for Evictions
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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.
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