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The State Laws of Florida

The State Laws of Florida

Florida Abortion Laws

•    Statutory definition of illegal abortion in Florida: The termination of pregnancy during the last trimester.

•    Statutory definition of legal abortion in Florida: Procedure is ruled permissible if it is necessary to save the life or preserve the health of the carrying mother. To be regarded as legal, mother must attain 2 physicians’ approvals

Florida Marijuana Laws

•    Possession: 3rd degree felony; Under 20 grams: 1st degree misdemeanor; In excess of 25 lbs. is regarded as trafficking (1st degree felony)

•    Sale:3rd degree felony, unless less than 20 g. for no consideration, then 1st degree misdemeanor

Florida Gun Laws

•   Permit to purchase is not required in Florida for handguns or long guns

•    Carry permit must be issued for handguns, but not long guns

•    Assault weapon law is not followed by Florida

•    Waiting Period of 3 days

•    Illegal arms: short-barreled rifle or shotgun, machine guns

•    Who may not own: Minors under 21, convicted felons, individuals convicted or committed for abuse of a controlled substance within the last 3 years, anyone who habitually abuses alcohol, has been incapacitated, been committed to mental ward, and person subject to injunction against committing acts of domestic violence

Florida Adoption Laws

•    Any person may be adopted in Florida

•    Age that Child’s Consent is required: 12 years and older unless court dispenses with consent in best interest of the child

•    Who may adopt: An unmarried adult who is no homosexual. Married person must be joined by spouse unless such spouse is parent and consents, or failure to join in consent is excused

•    Department of Health & Rehabilitative Services presides over adoption in Florida

Florida Divorce Laws

Within the state of Florida, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to 60 days residence within the state of Florida; in the event that an individual –or individuals – were married in Florida and lived there on a continuous basis, a time constraint for filing does not exist

•    ‘No Fault’ divorce does exist on the grounds of irreconcilable differences

Florida Death Penalty Laws

•    Capital Punishment is allowed in Florida

•    Individuals are exempt from execution if they are insane or pregnant

•    Homicide and capital drug trafficking are the only crimes that would warrant the death penalty in Florida

•    Lethal injection is the method of execution unless the person sentenced to death opts for electrocution

Florida Gambling Laws

•    Off-track and inter-track betting is allowed. Pari-mutual wagering meets of horse racing, quarter horse racing and harness racing is permitted

•    Pari-mutuel wagering on greyhound racing allowed with permit. Off-track and inter-track wagering is allowed

•    Pari-mutuel-style, not casino-style card rooms are permitted. Tribal gaming pursuant to Indian Gaming Regulatory Act is legal in Florida. All other gambling devices are prohibited.

The State Laws of Illinois

Introduction:

Illinois has recently passed several new laws that impact its residents in various ways. From changes in the minimum wage to new regulations on healthcare, these updates have significant implications for Illinoisans. In this article, we will explore some of the most recent changes in Illinois state law and their effects on the state’s residents.

Minimum Wage Increase:

In February 2019, Illinois Governor J.B. Pritzker signed SB 1, which amended the Illinois Minimum Wage Law. The bill raised the state’s minimum wage from $8.25 per hour to $15 per hour, with gradual increases over six years. The first increase took place on January 1, 2020, with the minimum wage rising to $9.25 per hour. The following year, on January 1, 2021, the minimum wage increased again to $11 per hour.

The new minimum wage requirements apply to most employers in Illinois, with some exceptions, such as tipped workers, who will have their wages gradually increased to 60% of the regular minimum wage rate. The new law is significant for workers in Illinois, particularly those who are making minimum wage, as they will see their salaries increase significantly over the coming years.

Cannabis Legalization:

In January 2020, Illinois became the 11th state to legalize the recreational use of cannabis. Under the Cannabis Regulation and Tax Act, adults aged 21 and older can possess up to 30 grams of cannabis flower, 500 milligrams of THC in other products, and five grams of cannabis concentrate. Individuals can also grow up to five cannabis plants in their homes for personal use.

The law also established a regulatory framework for commercial cannabis cultivation and sale. Cannabis sales began on January 1, 2020, with the state collecting a 10% tax on cannabis products with THC levels below 35%, and a 20% tax on products with higher THC levels. Local municipalities can also impose additional taxes on top of the state-level taxes.

The legalization of cannabis is expected to have a significant economic impact on Illinois, with projected sales of $1.6 billion by 2025. The law provides for equity measures to address past harms caused by the war on drugs, including expunging some cannabis-related criminal records and providing support for communities disproportionately impacted by drug enforcement policies.

Healthcare Reforms:

In 2019, Illinois passed legislation that aims to lower the cost of healthcare and improve access to care. The reforms focus on three main areas:

  1. Prescription Drug Pricing: The law requires pharmaceutical companies to be transparent about drug prices and justify price increases, providing oversight and accountability. The new law also allows for the importation of prescription drugs from Canada, where prices are often lower.
  2. Surprise Medical Billing: The law protects consumers from “surprise” medical bills – unexpected charges from out-of-network providers – by requiring insurers to cover the cost of care provided by out-of-network providers at the same rate as in-network providers.
  3. Medicaid Expansion: The state of Illinois has opted to expand its Medicaid program under the Affordable Care Act. The expansion provides coverage for adults aged 19-64 with an income of up to 138% of the federal poverty level.

The healthcare reforms aim to address concerns about the affordability and accessibility of healthcare in Illinois. By lowering prescription drug costs, ensuring fair payment practices, and expanding coverage to low-income individuals, the reforms aim to improve the overall health of Illinois residents.

New Elections Law:

In 2019, Illinois passed a new elections law, known as SB 1829. The law aims to increase access to the ballot box and combat voter suppression by implementing several changes to state election laws. Some of the key changes include:

  1. Same-Day Voter Registration: Under the new law, voters can register to vote and cast their ballot on the same day at their polling place. This change makes voting more accessible and ensures that all eligible voters can participate in elections.
  2. Automatic Voter Registration: The law also implements automatic voter registration for eligible individuals who interact with various state agencies, such as the DMV or healthcare exchange. This change streamlines the voter registration process and ensures that eligible voters are registered to vote.
  3. Expanded Early Voting Hours: The law also expands early voting hours and ensures that polling places are open on weekends. This change makes it easier for voters to vote, particularly for those with busy schedules who cannot vote during traditional weekday hours.

By implementing these changes, the new elections law aims to increase voter turnout and ensure that all Illinois residents have access to the ballot box.

Conclusion:

Illinois has recently passed several new laws that impact its residents in various ways. The changes to the minimum wage, the legalization of cannabis, healthcare reforms, and new elections laws are significant updates that aim to improve the lives of Illinoisans. By increasing access to healthcare and voting, and by raising the minimum wage and legalizing recreational cannabis, Illinois is making progress towards a more equitable and prosperous future. With more updates to come, Illinoisans can expect significant changes in the near future.

The State Laws of Wisconsin

The State Laws of Wisconsin

Disclaimer: 

Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation.  If you need legal advice and assistance, contact Wisconsin lawyers.

Wisconsin Abortion Laws

Within the state of Wisconsin, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Wisconsin state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review – only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of Wisconsin

•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – in the state of Wisconsin, public funds may be used for abortions only in the case(s) of sexual assault and incest

•    Individuals other than an accredited professional who perform abortion procedures are considered to be acting in contrast with the law and can be punished with 3 years’ incarceration and fines reaching upwards of $5,000; in the event that the mother or fetus die within an illegal abortion procedure, penalties can include 15 years’ incarceration – mothers performing unlawful abortions on themselves may be punished with 6 months’ incarceration and $200 fines

Wisconsin Marijuana Laws

Within the state of Wisconsin, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Wisconsin State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of Wisconsin:

Possession/Under the Influence of Marijuana

1.    Any amount (first-time offense)

•    Penalty: 6 months’ incarceration

•    Fines: $1,000

•    Classification: Misdemeanor

2.    Any amounts (second-time offense)

•    Penalty: 3 ½ years’ incarceration

•    Fines: $10,000

•    Classification: Felony

Cultivation and/or Intent to Distribute Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia 

1.    Amount: 0 – 200 grams

•    Penalty:3 ½ years’ incarceration

•    Fines: $10,000

•    Classification: Felony

2.    Amount: 200 – 1,000 grams

•    Penalty: 6 years’ incarceration

•    Fines:$10,000

•    Classification: Felony

3.    Amount: 1,000 – 2,500 grams

•    Penalty:  10 years’ incarceration

•    Fines:$25,000

•    Classification: Felony

4.    Amount: 2,500 – 10,000 grams

•    Penalty: 12 ½ years’ incarceration

•    Fines:$25,000

•    Classification: Felony

5.    Amount: 10,000 – more grams

•    Penalty: 15 years’ incarceration

•    Fines:$25,000

•    Classification: Felony

Medical Marijuana

Within the state of Wisconsin, Medical Marijuana is considered to be illegal both for patient use and cultivation

Wisconsin DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Wisconsin:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Wisconsin, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Wisconsin, there currently exist no supplementary penalties incurred due to BAC levels exceeding the expressed, legal limit

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Wisconsin, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time;  penalties can range upwards of 1 year in addition to the installation of an ignition interlock device

•    Upon a third-time offense, mandatory alcohol counseling may be instituted upon court mandating(s)

Wisconsin Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Wisconsin, handgun laws are as follows:

•    The sale, ownership, or possession of handguns with regard to convicted felons or individuals who have been in long-term care in a mental health facility is illegal in the state of Wisconsin;  individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

•    A waiting period for the purchase of a firearm is 48 hours within the state of Wisconsin

•    Current listing or report of forearms considered to be illegal in the state of Wisconsin: Machine guns, short-barreled shotguns, silenced weaponry

•    Legal Codes: 175.35; 941.26 (Wisconsin gun laws), 948.605 (the prohibition of firearms within a school zone)

Wisconsin Adoption Laws

In the state of Wisconsin, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child:

•    Within the state of Wisconsin, and individual must maintain residence for a period of no less than 6 months

•    Any individual may be adopted; children above the age(s) of 12 must be present at the adoption hearing

•    Within the state of Wisconsin, the Department of Health and Social Services mandates all adoptions

•    The statute of limitations available to challenge an adoption is 40 days’ time subsequent to the adoption

Wisconsin Employment and Labor Laws

•    Within the state of Wisconsin, the minimum wage is $6.50 awarded per hour of labor; overtime pay is enacted subsequent to 40 hours worked during a single week

•    State Holidays are listed as New Year's Day, Martin Luther King, Jr.'s Birthday, President's Day; Good Friday, Memorial Day, Independence Day; Labor Day, September Primary Elections, Columbus Day, November Elections, Veterans Day, Thanksgiving, and Christmas

•    Within the state of Wisconsin, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment; the Department of Labor will investigate claims subsequent to their filing

Wisconsin Divorce Laws

Within the state of Wisconsin, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to residence no less than 6 months’ time within the state of Wisconsin; divorce claims can only be filed subsequent to 120 days of marriage

•    ‘No Fault’ divorce does exist on the grounds of irretrievable breakdown

Wisconsin Death Penalty Laws

Within the state of Wisconsin, Capital Punishment – or the Death Penalty – is not allowed

Wisconsin Gambling Laws

Within the state of Wisconsin, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Horse racing wagering is legal

•    Dog racing wagering is legal

•    Gambling is permissible on Native American land; any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of Wisconsin

Wisconsin Child Laws

Within the state of Wisconsin, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision

 

 

STATE LAWS