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Florida Business Law Questions & Answers
1 Answer | Asked in Business Law for Florida on
Q: I have a 501(c)3 registered in the state of Indiana. I need to move to Florida . How difficult is it to transfer.

I don't have anyone to become an agent to receive mail etc. The organization's bank acct is also in Indiana. What would be the cost and difficulty to make the transfer of the organization from IN to FL? Any other suggestions?

Matthew Morris
Matthew Morris
answered on Mar 29, 2023

You basically have two choices. The first option is to start a new not for profit in Florida and wrap up the Indiana nonprofit. The second option is to leave the Indiana nonprofit in place and to file paperwork with the Florida to operate as a "foreign not for profit" in Florida. Which... Read more »

1 Answer | Asked in Employment Law and Business Law for Florida on
Q: What is the legality of claiming a title when leadership has had time to see it and correct it but hasn't?

My responsibilities changed considerably about 9 years ago, but my title remained the same. I asked leadership for a change in title, but they never responded. No yes or no. I started signing my emails with a more accurate title. It has been more than 7 years and nearly everyone, including... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 26, 2023

There are no legal issues here. Your job title is nothing a court of law is going to care about. If your employer wants to make an issue about it in the future, cross that bridge when you come to it.

1 Answer | Asked in Consumer Law, Contracts and Business Law for Florida on
Q: Can I sue?

i used to buy and sell auctioned storage units. i used to bid on the units on a site called storage treasures.com on September 22 2022 I won the auction and I went to go pick it up at the facility when I picked it up they informed me that if I do not clear the unit within 24 hours or the same day... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 24, 2023

Answer to first question: Probably yes, depending on the terms of agreement. To second question: If the amount claimed is 8,000 or less, you would file in small claims court to seek the amount claimed plus court costs.

1 Answer | Asked in Business Law, Civil Litigation and Personal Injury for Florida on
Q: Are you allowed to restrain a person that is destroying or vandalizing your property whether it is personal or business?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

In general, yes, assuming that by "restrain" you mean the use of non-deadly force. Florida Statute 776.031 provides, in pertinent part, that

"(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Florida on
Q: Am I able to cancel a Medspa loan if services were not performed?Medspa was emailed within 3 bus days to cxl agreement.

The lender (Cherry Tech) states the medspa was paid regardless of whether I received services, and all cancellations must be approved by the medspa, who does not reply to any of my emails, texts, voicemails, msgs. I have been sending cancellation notices weekly for the last two months, no responses... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2023

This is mostly a matter of the terms of your contracts with the service provider and the lender. Schedule a consultation with a lawyer in your area who handles consumer law or breach of contract cases, so that the lawyer can review the contracts and the entire situation. A contract can be a... Read more »

0 Answers | Asked in Criminal Law, Employment Law, Agricultural Law and Business Law for Florida on
Q: What crime involves false expiration date and "N/A" on a signature line as ID verification to deliver liquor to adult?

The adult who accepted the alcohol delivery did not provide their ID so a falsified Driver's license expiration date was used and "N/A" was signed on the signature line, instead of the person's signature, into the ID verification system.

0 Answers | Asked in Business Law and Constitutional Law for Florida on
Q: Good morning, I have a roll off dumpster business in south Florida and am running into issues with local municipalities

All of the local counties, city’s and towns are creating a monopoly in the industry by forcing their residents to use their few set waste contractors. They’re requiring me to apply to be a “franchise”, pay a yearly fee and a percentage of my gross income. I was under the impression the... Read more »

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Can I sell home to a business partner for the remaining mortage balance (it is an assumable loan) for 65% of business?

We share a business currently 20-80 cut. 20% me, and I’d like to sell them my home for a 65% cut of the business to make it 65%/35% new terms

Keith Kanouse
Keith Kanouse
answered on Mar 13, 2023

Yes provided the mortgagee agrees to the assumption of the mortgage. Try to get a release from the Mortgagee for future obligations under the mortgage. You will have to transfer the home by a deed recorded with the County Clerk and pay documentary stamp taxes on the balance of the mortgage... Read more »

0 Answers | Asked in Business Formation and Business Law for Florida on
Q: In need of an FL Business Lawyer. Knowledge in: Startup Online Bussiness: Outsourcing/Recruiting & Offshoring Consulting

I would like to consult with a business lawyer who has experience in the above matter. The business will be registered in FL.

This online business is an Online Platform that will be a database with Offshore workers' information from Europe and Asia.

On the other side... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Business Law for Florida on
Q: Our pharmacy in FL was burglarized by the alarm company’s tech in 2017. One was caught and sentenced, can we still sue?

The alarm company we hired to install cameras and security system sent out a tech to do the install, that tech later robbed the pharmacy with a help from another person. That second person was caught and sentenced and police immediately knew it was the alarm company’s tech because upon reviewing... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 23, 2023

The Fla. Limitations period for negligence suit is 4 years from either the date of incident or from the time the damage was discovered. Either way, the time is probably up for an action based on negligence, such as negligent hiring or negligent retention. I say "probably" because this... Read more »

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: LLC or S Corp for Animal Training and Education business.

My start up company involves animal training and education. I registered as an LLC initially, but recently other business owners have been recommending that I switch to an S Corp. I was told that I would be better protected. Could you please define the differences between the two, pros and cons,... Read more »

Jane Kim
Jane Kim PRO label
answered on Mar 3, 2023

For your purposes, LLC is easier and provides the same advantages, if not more, than an S Corp.

Here is what an AI robot says (I do not agree with No.1 under "disadvantages." )

Advantages and disadvantages of LLC over an S Corp.

Limited Liability Companies (LLCs)...
Read more »

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: If I use my full name in my business name such as Jane Doe Notary Services, do I need to register a DBA?
Phillip William Gunthert
Phillip William Gunthert
answered on Feb 23, 2023

Yes, you should register as a DBA, but I would additionally say it is simple enough and you should consider possibly just creating an LLC as well, it looks more professional for a business and if you discuss with an attorney, they can explain how it can create additional potential liability... Read more »

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2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Real Estate Law for Florida on
Q: Florida sells land by what treaty?

It is important to know what Treaty Florida uses to sell land.

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Feb 7, 2023

Hi, there is more information needed to answer this question properly. The State of Florida can acquire properties in foreclosure for unpaid taxes and other surplus lands pursuant to the Murphy Act. Please provide additional information.

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1 Answer | Asked in Products Liability, Business Law and Car Accidents for Florida on
Q: what If a company try to get the excess policy as required but the insurers do not offer said coverage anymore

but those insurers do work with similar transportation, TNC, cabs companies

Charles M.  Baron
Charles M. Baron
answered on Feb 7, 2023

You inquiry is too vague. I suggest you re-post your inquiry with more specifics, such as exactly who is requiring what (but not naming names), indicating what type of business needs what type of coverage, for what activity, and the source of whatever requirement you're talking about (such as... Read more »

1 Answer | Asked in Business Law, Construction Law and Contracts for Florida on
Q: Can I add a stipulation to a check that finalizes and terminates a contract?

I want to make sure that I my relationship with a contractor is terminated when they cash my check

Jane Kim
Jane Kim PRO label
answered on Jan 31, 2023

Yes, the Florida statute that governs Full and Final Accord and Satisfaction is Florida Statute 673.3111. You have to tender the check with proper notice for it to be effective. Also, it depends what your contract with the contractor says. You can't just write a check for a dollar and call it... Read more »

1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for Florida on
Q: Can a 617 Board Member Post about the Affairs Of the Corporation on a Website That Is Not Administered By the Board

Former and Current Board Members Are Posting on Web Sites [NOT ADMINISTERED BY THE BOARD] about the Corporation Internal Affairs, Including, but Not Limited to []- NEXTDOOR []- ORLANDO TRILOGY RESIDENTS (CASCADES/GROVELAND RESIDENTS, PAST AND PRESENT) []- OFFICIAL CASCADES OF GROVELAND RESIDENTS... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 29, 2023

Interesting issue, which I don't have expertise in, but my somewhat-educated guess is: Regarding the issue of disclosure itself, without regard to whether it causes damage to the corporation, the answer to your question may depend on whether your corporation has a written confidentiality... Read more »

1 Answer | Asked in Tax Law and Business Law for Florida on
Q: Is it safe to give Stripe your Social security Number? Do I have to Pay taxes if I make no revenue?

Is it safe to give Stripe your Social security Number? In order for me to create an account with Stripe, I need to give it the last four digits of my ssn.

Back story I'm a minor wanting to start a business in Florida where you pick up dog poop from peoples' yards. I created a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 20, 2023

Florida doesn't have income taxes. The U.S. government does. I suggest you go to irs.gov, download a form 1040, and the instructions for that form. After reviewing those documents, you should have a better idea of how income tax works.

And no, if you make no money at all, you...
Read more »

1 Answer | Asked in Business Formation, Tax Law and Business Law for Florida on
Q: I have a LLC in Florida for a service I provide. Do I need licenses to provide that service outside of Florida?

I am a yacht teak deck installation specialist. I have an LLC in Florida for this service. This is a service only and does not involve the selling or reselling of anything. Usually I am sub contracted by other teak decking companies. I have some contract work along the West Coast lined up in... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 9, 2023

You would have to check those other jurisdictions.

1 Answer | Asked in Business Law and Real Estate Law for Florida on
Q: Board of Directors Staggered Terms

Our association Bylaws call for staggered terms of Board members. 3 members with most votes get 3 year term, 2 members with with next most votes get 2 years and finally the 2 least votes serve one year term. My question is this.

Can an elected board member that received the least votes and... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 5, 2023

That's impossible to answer without reading the Articles of Incorporation and the Bylaws. Generally, these provisions apply to initial terms and then directors serve three year terms following the next election so that the terms are always staggered. If you are not sure of the language in... Read more »

1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: Hi, if it takes up 8 weeks for my LLC to be processed by the state of florida do I have to wait until then to operate?
Keith Kanouse
Keith Kanouse
answered on Jan 5, 2023

My experience with filing Articles of Organization via e-fax is it becoming effective the next business day. I have never had to wait 8 weeks. When you file the Articles of Organization specify an effective date 5 business days before the filing date. See Section 605.0702 of the Florida Statutes.

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