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Florida Business Law Questions & Answers
0 Answers | Asked in Consumer Law, Criminal Law, Products Liability and Business Law for Florida on
Q: We are in need of a lawyer to sue camping world in fort pierce Florida is anyone available to help

We purchased a 1 year old hardly used class c rv, was supposed to be in good working order, the large slide was broken and they have had it at different locations 3 times , they say it’s fixed and it’s still not , we have been making payments on this rv for 11 months, and still have no rv,... Read more »

1 Answer | Asked in Business Law for Florida on
Q: If I am a tenant in a plaza and want to rent out two of the rooms inside my business am I legally able to do so?
Phillip William Gunthert
Phillip William Gunthert answered on May 13, 2022

You better review your commercial lease agreement that you signed and were provided with, it is doubtful that this would be allowed in normal circumstances for a variety of reasons. You need to get a copy of the lease and read through it, and or get the help of a business attorney to review it with... Read more »

1 Answer | Asked in Business Law and Probate for Florida on
Q: Death of a partner and partnership interest.

A partner in an FL LLC/Partnership passed away. There were 2 partners. How can the spouse take over partnership interest of the partner who died? Can the spouse and existing partner change LLC members?

Phillip William Gunthert
Phillip William Gunthert answered on May 12, 2022

You will have to review your LLC Operating Agreement that you drafted when you formed the LLC (this should address death of owenr) or you will want to look at the Florida default statutes on how to handle matters. If nothing is clear, a probate will have to be done for the deceased partner (will... Read more »

3 Answers | Asked in Business Formation and Business Law for Florida on
Q: How can you change the percentage of ownership in the state of Florida for an llc?
Phillip William Gunthert
Phillip William Gunthert answered on May 10, 2022

You would want to speak with a Florida Business Attorney and make changes to the LLC Operating Agreement and you would want to make any applicable changes to the Florida Department of State documents as they relate to business and ownership via an amendment probably as well.

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1 Answer | Asked in Business Law for Florida on
Q: I stopped operating my Florida LLC in February. I want to confirm that I don't need to file an annual report or pay a...

...late fee for missing the May 1 deadline. I have not yet formally filed to dissolve the LLC, but plan to next week. From the info on Florida's website, I assume I can file it and there will not be a penalty, but it would put my mind at ease if you could confirm that I'm correct.... Read more »

Jane Kim
Jane Kim answered on May 7, 2022

The late fee is only if you decide to reinstate the LLC. Otherwise, there is no late fee, it will be dissolved involuntarily for failure to file an annual report. You can proactively pay a small fee and file articles of dissolution, but you do not have to.

0 Answers | Asked in Employment Law, Business Law and Legal Malpractice for Florida on
Q: I was just terminated by the deacons at the church I pastor. I was in a 5 year contract. According to their bylaws, th

I was just terminated by the deacons at the church I pastor. I was in a 5 year contract. According to their bylaws, they don't have the authority to administer such a decision. Do I have grounds to sue? Does this mean I was wrongfully terminate? I was voted in by the church therefore I... Read more »

0 Answers | Asked in Business Law for Florida on
Q: I recently went to a finance car dealership for no credit owners.

I was told my original offer that I would only need $1,000 deposit on a 2016 Chevy Cruze with 93,000 miles. I told them my budget was only $1,000 down which they accepted. Once I paid the $1,000, the seller said there would be an additional $1,000 within 30 days. I had already signed the paper work... Read more »

1 Answer | Asked in Business Law for Florida on
Q: What is the exact meaning of "Final Judgment of no liability" in a proposed judgment. Court is in Florida.
Jane Kim
Jane Kim answered on Apr 30, 2022

It means exactly what is says- no liability (in a lay person wording- not guilty).

0 Answers | Asked in Business Law for Florida on
Q: Can a company base raises and bonuses on company activities outside of business hours?

Two co-workers and I were talking to our boss about raises/bonuses. He said that part of getting a raise/bonus is participating in things like meetings in the conference room, as opposed to doing it via Teams/Zoom from our desk (which has never been an issue), and by going to events, after work,... Read more »

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Does a percentage owner of a Florida LLC need to be registered as a member with the state? can it be internally only?
Keith Kanouse
Keith Kanouse answered on Apr 21, 2022

You do not have to register as a member. Your ownership should be reflected in the Operating Agreement.

0 Answers | Asked in Consumer Law, Criminal Law and Business Law for Florida on
Q: can I sue eBay/payment institution/bank ?

(I have more details than this but I can only include the minimum) I have a small eBay business online (store) since 2019, this customer purchased a gaming computer from me, I shipped the computer the customer opens a return request I sent the return shipping label, customer does not ship anything... Read more »

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: When filing for an LLC is there a way to keep legal name private from public record?

I will be working under and doing business under a pen name and would like to keep my legal name as private as possible (I know there are limits to this) to separate this business from personal life. When filing for an LLC I understand that you can protect your address with a registered agent but... Read more »

Jane Kim
Jane Kim answered on Apr 14, 2022

You can use series LLC, which would have to be registered in another state (FL does not have such a thing), then you register a business in FL. If you only register in FL, your name will have to be listed as an officer, but in other states it is not the same requirement.

Good luck.

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1 Answer | Asked in Business Law and Employment Law for Florida on
Q: I think it is a bit of a con that Publix only offers their employees Publix's private stock rather than any perks.

Like instead of giving employees a 5% discount or something, you can invest in our company to be an "owner" of our private stock. Essentially forcing all employees to invest in the company. Even part timers have to work over 1,000 hours in a year to get enrolled into their stock... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Apr 10, 2022

This question does not relate to workers' compensation, which deals with work-related injuries.

1 Answer | Asked in Business Law for Florida on
Q: Does a foreign LLC need a FL Certificate of Authority to rent real property if done by a FL management co.?

FL 607.1501(e) meaning of 'selling through independent contractor'

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 9, 2022

While Florida Statute 607.1501 (2) (e) indeed provides that "selling through independent contractor" does not constitute the transaction of business, the rental (as a landlord) of real property is not the same as "selling". However Subsection (2) (m) also describes (as not... Read more »

1 Answer | Asked in Business Law for Florida on
Q: What does it mean to “give notice” to dissociate as a member under the FL Revised LLC Act 605.0601(1) and 605.0602(1)?

There are no operating agreements in place. Ex-business partners notified they company they intended to leave partnership via text and email. They provided the company an exact day when they intended the business partnership to end, and further notified the company in writing that they would be... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 25, 2022

There are two very different issues lurking in your combined question.

The statutory "sufficient notification" issue has nothing to do with the contractual issue of subsequent competition.

Regarding the sufficient notice issue, the main reason for the controlling statute...
Read more »

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: I own an LLC that sells trending fashion on its business website. Can I start/run any new companies under the same LLC?

My current LLC sell female fashion apparel, shoes, intimates, & accessories. But there is some businesses that are very similar to mine that I have the right connections to start a new business per that product category or service. Can I run a new similar business under my LLC? Or better yet,... Read more »

Keith Kanouse
Keith Kanouse answered on Mar 13, 2022

All income from a LLC is subject to employment taxes. Discuss with your accountant on making a special election for your LLC to be treated like an S corp. This will give you the ability to have a reasonable salary to subject to employment taxes and any excess income treated as a distribution not... Read more »

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1 Answer | Asked in Employment Law, Contracts and Business Law for Florida on
Q: Refused to sign a termination agreement, can I get in trouble?

I went to pick up my final paycheck after quitting a few days ago due to paychecks bouncing for myself and other employees multiple times in a row. When I went to pick up check the owner had a packet of paperwork saying termination agreement and asked me to sign it saying it was just for W-2... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 11, 2022

If your employer had wanted you to sign such a document, they should have asked you to sign an employment agreement before your job was at an end. So no, you wisely choose not to sign it, although if you had you possibly would be able to argue that there was no consideration for the agreement and... Read more »

1 Answer | Asked in Business Law for Florida on
Q: One of three board members resigned, is it required to replace the member, if so, how long is allowed by Florida law?
Keith Kanouse
Keith Kanouse answered on Mar 10, 2022

It depends on what the Articles of Incorporation or Bylaws provide. Absent a specific provision in these documents Florida law provides:

607.0809 Vacancy on board.—

(1) Unless the articles of incorporation provide otherwise, if a vacancy occurs on a board of directors,...
Read more »

2 Answers | Asked in Employment Law, Business Law and White Collar Crime for Florida on
Q: Unjust Enrichment-gave up 50% of pay for share of incremental purchase price but then owners refused to pay.

As CFO of a business being sold, the owners of this business requested I take a 50% pay cut in return for splitting the incremental purchase price savings (about $1M) directly tied to my salary reduction. There is clear evidence of how my salary reduction contributed to $1M additional purchase... Read more »

Jane Kim
Jane Kim answered on Mar 8, 2022

You can't be an employee at will and have an employment agreement.

Further, you may have several claims but obviously you need a consultation with a lawyer to understand your facts, review documents and advise accordingly.

Good luck.

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1 Answer | Asked in Employment Law and Business Law for Florida on
Q: Not sure if I can do anything about being told i have a job for 6 months & then I dont

Last Oct I interviewed with a company & was told as soon as I got my license to let them know! (My master captains license)

I left my job to go to school & as soon as I had it I let them know! I've been getting strung along since December, I have a voice mail & text... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 1, 2022

Unfortunately, Florida is an “at-will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.” The only thing employers cannot lawfully do is to make any of... Read more »

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