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Florida Business Law Questions & Answers
1 Answer | Asked in Immigration Law and Business Law for Florida on
Q: We have a lawn business in florida. We employee 1 worker who isn't documented.

How will this new law that florida passed effect my employee and my business. He is worried about perhaps having to leave florida

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jun 1, 2023

You should likely schedule a consultation with a competent and experienced immigration attorney who can discuss the details in a private setting. Does your employee "who isn't documented" have lawful work authorization, such as employment authorization through DACA (Deferred Action... Read more »

2 Answers | Asked in Business Formation, Business Law, Contracts and Mergers & Acquisitions for Florida on
Q: Can I share transaction details w/a business broker/consultant without breaching a business contract? and with a lawyer?

I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason... Read more »

Venus Caruso
Venus Caruso
answered on May 31, 2023

If the confidentiality clause in your asset purchase agreement does not contain any exceptions for professionals who have a need-to-know the confidential information, or other like language, then sharing the confidential information with your business broker is not advisable as that would be deemed... Read more »

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2 Answers | Asked in Business Formation, Business Law, Contracts and Mergers & Acquisitions for Florida on
Q: Can I share transaction details w/a business broker/consultant without breaching a business contract? and with a lawyer?

I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 31, 2023

It is not likely that the agreement could be interpreted to prohibit you from sharing the terms with an attorney under such circumstances; and the fact that you do so would probably be confidential in any case. Run your dilemma by an attorney with experience in such matters to determine, first, if... Read more »

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1 Answer | Asked in Real Estate Law and Business Law for Florida on
Q: Can they ask me for more money when by my account, I’ve paid up everything I’ve owed and I’m up to date?

In a letter dated March 31, 2023, I was informed by the Head of Accounts Receivables that I owed $789.99 to the Association. The letter states, “must be paid within 30 days of the date of this letter. "

On April 29th, 2023 I sent the full $789.99 within the 30 days of the date of the... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 16, 2023

Technically you missed the 30 day deadline if the payment was not received by April 30th. Without knowing how much your dues are and what the frequency is for payments, it is impossible to give you a definitive answer if this amount being demanded is an overcharge. Legally, the management company... Read more »

1 Answer | Asked in Business Law for Florida on
Q: Im I’m Florida and an LLC was started 2/24/2021 and never filed articles since. Status is inactive/ua

I have applied for an LLC same name just not plural and was rejected. The notice said they have one year and it looks like their time was up to be revoked 5/1/2022. Due to no filings what can I do

Phillip William Gunthert
Phillip William Gunthert
answered on May 4, 2023

The general and applicable rule is as follows: The State of Florida Administratively Dissolved Businesses will be designated with an “INACT/UA” code and will then be held for a term/time period of one (1) year from the date of dissolution or revocation. Any names that are listed by the... Read more »

1 Answer | Asked in Business Law for Florida on
Q: Can the board of directors of a Florida 617 Not for Profit Corporation vote via email or do they need unanimous consent?

The Board of Directors held many properly noticed meetings regarding the creation of Covenants, Conditions and Restrictions, but the Chairman decided to hold a vote via email instead of properly noticing and holding a meeting to pass what was supposed to be the FINAL document. Most of the Board... Read more »

Matthew Morris
Matthew Morris
answered on May 2, 2023

Unfortunately, the email vote is not valid under Florida's nonprofit corporations act because there was not unanimous consent.

Florida allows board action to be taken in three ways: (a) a physical (in person) meeting, (b) a meeting by electronic communication "through the use of,...
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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Local Tax Exempt Organization - how should a Board of Directors be constructed? Worried about losing control of entity.

Local Tax Exempt Organization IRS 501(c)(3) - how should a Board of Directors be constructed? I am worried about losing control of entity. What defensive measures can be instituted to prevent loss of voting control? I am the founder of the entity. This will be a big entity someday- tremendous... Read more »

Matthew Morris
Matthew Morris
answered on May 2, 2023

You ask a question that many founders of nonprofits ask. And lawyers who work with nonprofits inevitably deal with the situation that you fear: a board of directors who develop a different view of the direction to take the organization than the founder's view, resulting in strife and board... Read more »

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 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 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...
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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 »

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 »

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 Lawyers, want to be a Justia Connect Pro too? Learn more ›
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)...
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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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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 Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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.

1 Answer | Asked in Business Law for Florida on
Q: Can I get a company in trouble for airdropping me their clients homeowners insurance information?

A company sent me someone’s homeowners insurance paperwork through airdrop. I work in the building next to them. It has the homeowner’s name’s and addresses on the first page. It’s four pages worth of information

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2022

A normal procedure for someone who was an unintended recipient of information is to contact the sender so they can resend it to the correct person, and to destroy the information received. Best regards.

2 Answers | Asked in Contracts and Business Law for Florida on
Q: what is it called when the seller of a company works with the purchasers manager to take back the company?

I purchased a taxi dispatch service in April 2022 for $8000 down and $3000 a month until $80,000 is paid in full. The manager of my company started working with the seller to underhandedly take back the company. THe manager quit on Dec 1 and text all my clients offering lower rates. He then... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2022

The way you describe the facts, I'd call it a crime, which should be reported to the police (plus you'd have various civil causes of action, meaning grounds for a lawsuit). However, if you got into some kind of dispute with the seller and/or manager, they might have a completely different... Read more »

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