Ask a Question

Get free answers to your Business Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Business Law Questions & Answers
0 Answers | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Florida on
Q: Do I need to first submit a complaint and wait for an investigation by the Florida Department of Highway Safety?

I am pursuing a claim against a used car dealership in Florida and would like to file a claim against their surety bond. Do I need to first submit a complaint and wait for an investigation by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) before filing the claim with the bond... View More

1 Answer | Asked in Business Law, Civil Litigation and Sexual Harassment for Florida on
Q: In case law, what is the origin of the class action lawsuit as a concept? (How/when was it first devised and used)

Lawsuits are typically filed as class actions becuase plaintiffs (and potential plaintiffs) advance similar theories of liability. The plaitniffs' injuries and the context of the alleged injuries are also factors. Further, they are practical, and allow plaintiffs to enhance political power... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 19, 2025

Start by reading this:

https://en.wikipedia.org/wiki/Class_action

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: Yes I own and operate a junk removal business in Florida. Woman calls me to come estimate. a Junk Removal Job Heres the

Yes I own and operate a junk removal business in Florida. Woman calls me to come estimate. a Junk Removal Job Heres the rub Its ALL her mothers (Husband's) stuff. He has NO IDEA the women are moving against him to clear this out. I offered to assist in clearing out space to decide whats junk... View More

Erik A. Perez
Erik A. Perez
answered on Jan 14, 2025

I would recommend you have a waiver prepared and signed by the clients. The waiver should specifically waive all liability for you and the company for the specific issues that may arise. This will not give you 100% protection against a lawsuit, but will certainly put you in a better position to... View More

0 Answers | Asked in Consumer Law, Products Liability, Business Formation and Business Law for Florida on
Q: Can I repackage dried seasonings to create my own blend at home in FL and sell it online and ship across the US?

Seasonings include salt, premade Cajun and Creole blends, crushed red pepper flakes and garlic salt. They would be used for seasonings for boiled peanut recipes. Could I also sell Raw dried Peanuts across state lines from my house?

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Gov & Administrative Law for Florida on
Q: Can a Florida notary use an embosser with impression inker in stead of used a rubber stamp?

the ink would make it photographically reproducible and would be the same as the rubber stamp seal of the notary. law below: it would not be the embosser alone. but an embosser with ink making it an inked embosser. so it would be an inked stamp with the embosser.

Martin George Prego
Martin George Prego
answered on Jan 3, 2025

Under Florida Statute 117.05(3)(a), Florida notaries are required to use a rubber stamp seal that includes specific information, such as the notary’s name, the words “Notary Public - State of Florida,” the notary’s commission number, and the commission expiration date. The law mandates the... View More

4 Answers | Asked in Family Law, Tax Law, Business Law and Child Support for Florida on
Q: If the father of a child has his own small business (LLC), does his monthly business expenses count toward his income?

Or does a certain percentage count? He pays himself very little and writes off everything thought the company such as car, insurance, phone, etc including our dinners when we used to go out. Is there a Florida law regarding this?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 3, 2025

Your question is a little complicated but the short answer is yes, anything that reduces his normal living expenses counts as income, regardless of whether he writes it off as a business expense. Speak with a local family lawyer for more specific advice.

View More Answers

2 Answers | Asked in Contracts and Business Law for Florida on
Q: when our dog died my wife wanted to create a charity in his memory.We filed an llc but after 5 years have done nothing.

the only thing we do is pay fees every year to maintain the company. what happens if we stop paying these fees? There is no income nonprofits no nothing.

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 30, 2024

If you do not timely pay your annual fees and renewal the State of Florida will Administratively Dissolve your LLC.

Florida Statute 605.0714 addresses Administrative dissolution. You can also go to Sunbiz.org and you can file your Articles of Dissolution and pay a $25 fee and you can...
View More

View More Answers

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Contracts for Florida on
Q: How do we get out of a contract with ServPro and not pay the balance due, because they did the work wrong, needs redoing

They want us to pay off the original bill, even though the job isn’t done.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 29, 2024

Just refuse to pay. If they sue you, respond with the defense you have indicated.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Florida on
Q: Me and my business partner own a bar together. She changed the password to our cameras and removed me from the account.

Is she allowed to do this while we both own the bar? She did it for personal reasons. A bad break up.

Charles M.  Baron
Charles M. Baron
answered on Dec 20, 2024

No, unless you had an agreement providing she has exclusive rights to do whatever she did. In any event, if you are getting a business divorce, consult a lawyer who handles business formation and dissolution issues.

1 Answer | Asked in Business Law and Real Estate Law for Florida on
Q: Vacation Rental Management without real estate license in Florida?

I want to buy a Vacation Rental Management Company in Florida, that means, I would have several vacation rentals from owners all over the world in my portfolio. For a monthly fee I would take care of all business around a rental for the owner, which means listing the properties on platforms, write... View More

Erik A. Perez
Erik A. Perez
answered on Dec 11, 2024

Yes, you generally need a real estate license from FREC to manage other peoples property and make a commission. There are a few exceptions, I would need more information to see if they apply.

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Construction Law for Florida on
Q: Hired a company to do work on our home.. Satisfied with work but can't get company to send us a bill so we can settle.

We have repeatedly asked to send us a bill/invoice for work done but have not received one. Now we can't seem to get a hold of anyone. Any recourse or advice?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 26, 2024

Send a certified letter to the company asking for a bill. Retain the amount of money you believe is owed in a savings account or other account that you are not tempted to use for a minimum of 5 years from the completion of the project. (If you think you might owe $5k, retain $6k, etc., to be on... View More

1 Answer | Asked in Family Law and Business Law for Florida on
Q: Hello, I’m in Florida and have been on a family cell plan that i paid all of 2024 in advance to my mother. I use this

Phone and phone number for all of my business dealings and we got into a fight and she shut off my cell phone service. This is something that I’ve already paid for in advance and can damage my business and will force me to get a new phone number and change everything in relation to my business.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 22, 2024

Generally, you can sue anyone for anything; however, that does not mean that it is a wise decision. My best advice is to get a new phone number and/or see if you can transfer the phone number. You need to disengage with someone who can affect your business like this. Speak with a local lawyer for... View More

1 Answer | Asked in Contracts, Employment Law and Business Law for Florida on
Q: What can i do for a contract and work issues, because me and my wife got pregnant

Me and my wife have a business issue with our partners.

We purchased 25% stack from a company and we work there too, we get 1099 for paychecks, W2 from the company, and dividend in wire transfer.

We get pregnant and now the other partners say we break the contract and they dont... View More

Linda Liang
Linda Liang
answered on Nov 14, 2024

This does not make sense. Dividends are profit shares disturbed to investors. I can't imagine how pregnancy relates to an investor's entitlement to profit share. You need an attorney to tell them that it is a breach of an investment agreement if they fail to pay you, and there will be... View More

1 Answer | Asked in Business Formation, Business Law, Internet Law and Trademark for Florida on
Q: Is a fictitious name registration required for Florida LLC's when they only use it for marketing?

I just registered an LLC in florida which has a different name than the name of my website. Do I have to register a fictitous name for that website name, even though I'm not using it for any formal business interactions like contracts and banking?

the website name is only used for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2024

Yes, in Florida, if you operate your LLC under a name different from its official registered name, you generally need to register a fictitious name. This applies even if the alternate name is only used for marketing, branding, or displayed in your logo. Registering ensures that the public is aware... View More

1 Answer | Asked in Business Law, Civil Litigation, Personal Injury and Civil Rights for Florida on
Q: Business roped off the entire sidewalk and parking places on street while waiting to work on roof.

Pedestrians now must walk in road in traffic path, as even the curb areas are roped off. This is downtown. I called to see how long they anticipate the sidewalk being inaccessible and they told me however long it takes them and to just walk around it (in street with 30 mph speed limit and stuff... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2024

It's frustrating when sidewalk access is blocked without clear timelines. Typically, businesses need permits from the city to restrict public pathways, and these permits usually have time limits. If the work hasn't started or is taking excessively long, it might violate local regulations.... View More

1 Answer | Asked in Consumer Law, Business Law, Collections and Small Claims for Florida on
Q: I paid for scooter parts online, but never received parts. what should be next step? less than $200 more than $100

gave plenty of time for delivery. sent email giving them a deadline (even gave more time on that) after waiting almost two months.

Erik A. Perez
Erik A. Perez
answered on Oct 9, 2024

You can send them a demand letter notifying them they have a certain time frame to deliver the goods or you will be filing suit on that date. Realistically, it is not worth filing a lawsuit for an amount under $200, so the demand letter should be used as a tool to begin negotiations. Additionally,... View More

1 Answer | Asked in Business Law for Florida on
Q: What license(s) would I need if I were to create a budget app (business) like mint.com and/or monarchmoney.com?

This is for the business (not the app per se). For example, FINRA licenses, securities licenses, etc. This business would not distribute or take money for securities. Nor would it offer any debt holding like a bank or credit card. It's strictly for a person (user) to look at all their income... View More

Erik A. Perez
Erik A. Perez
answered on Sep 26, 2024

I do not believe there is any license needed to create an app. If you intend on creating a business from the app, you will need to register with the Department of State and obtain a tax ID number.

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Hi,I'm Onur and I'm based in Turkey. I want to form an LLC in Florida, is there any ways that I can do that as a foreign

Is there any way that I can form an LLC as a Turkish citizen. I am not a US citizen, can I form an LLC there and if yes; how's the process goes and what are the prices, tax info et.?

Erik A. Perez
Erik A. Perez
answered on Sep 24, 2024

Yes, regardless of your citizenship, you can create a Florida corporation. There are only a few requirements to do so. They include, but are not limited to, registering the corporation with the Florida Department of State, registering with the IRS to obtain a tax identification, and submitting a... View More

View More Answers

2 Answers | Asked in Copyright, Business Formation, Business Law and Trademark for Florida on
Q: Can I create a magazine with the name Pulse
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 11, 2024

Creating a magazine with the name "Pulse" may involve potential trademark issues, as the name is quite common and could already be in use by other entities in various industries. Trademark law is designed to protect brand names and logos that are used to identify goods and services. If... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.