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Florida Business Law Questions & Answers
1 Answer | Asked in Business Law for Florida on
Q: How long should the BOD keep their records in GA? Is there a statue of limitation?

The current BOD is requesting records from the previous administration for an event in 2015.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 28, 2020

Why did you ask a Georgia law question in a Florida law site? Ask in Justia > Ask a Lawyer >b Georgia.

What, by the way, is the BOD?

2 Answers | Asked in Business Law and Employment Law for Florida on
Q: Can a company who files me as "1099-Misc/Independent contractor" online legally refuse to pay me?

I work on a "Q&A website" that pays people to ask questions, who at the end of year sends a 1099-Misc form, classifying me as an "independent contractor". I currently earn 1K every month on this site. I've earned 6K up to this point throughout the year. Per their guidelines, they can ban people... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 25, 2020

Lawyers who like good reviews apparently like to answer questions about the future; I am not one because no one on this planet can predict the future. The short answer to your questions is yes. Whether you will win is unknowable.

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1 Answer | Asked in Business Law for Florida on
Q: If I own a bar in Florida, can I buy liquor from my rep in bulk and store it at my house?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 24, 2020

Although I do not have any Florida court cases nor Florida statutes to cite to you in support of this opinion, I still will advise you not to try to evade any Florida law by storing liquor in any place not zoned for the sale of liquor. If you want to check me and my advice out you should call the... Read more »

1 Answer | Asked in Business Law for Florida on
Q: Am I required to charge myself rent if I operate my business out of the building I also own outright.

I outright own a commercial property that I operate my corporation out of. Am I required to pay myself rent?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 16, 2020

No, you can't deduct "rent" which you pay to yourself, for income tax purposes.

1 Answer | Asked in Business Law for Florida on
Q: What are the regulations regarding the use of terms like: architecture, architectural service, architectural designer...

I am not a licensed architect but did graduate from a NAAB certified architecture school. I plan on doing some small freelance work as a side business, so I was wondering how to market my services. Can I call myself an architectural designer? Can I have a website titled: "my name" architecture?... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 14, 2020

Rather than spend several unproductive hours researching all the many professions to see if there is some legal prohibition to using certain terms that could mis-lead the public I will advise you to Google each term you are interested in and then click on the many organizations that turn up in each... Read more »

1 Answer | Asked in Business Law and Employment Law for Florida on
Q: Can an employer, deduct the cost of a drug test a a physical from your paycheck, because you left the company?

Worked for. FedEx Contractor for 2 weeks was offered a job elsewhere to start immediately, better hours, money, benefits, I took it.

The FedEx Contractor said we would get paid weekly, never recieved my first check during my 2 weeks. In the 3rd week (1st week at the new company) still no... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 10, 2020

Yes, this is perfectly legal, and in fact is done all the time to discourage people who waste an employer’s time and money.

1 Answer | Asked in Business Law and Contracts for Florida on
Q: Hello, I am an owner of small retail company and I need to make some new customized products with a factory in China.

I need to protect my design from counterfeit. Which document I can send to the factory to signed, so they cannot copy in anyway my design?? What are the steps to follow to protect my company?

Thank you so much

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 1, 2020

Free practical advice offered for the last 41 years to people starting or operating small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses...
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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Merry Christmas! Do I need licenses/permits to operate a translation agency in Florida?

I registered my translation and interpretation company with the state of Florida. I also got an EIN. But someone told me I need permits to run the business here in Florida, but they didn't specify which kind of permits I need.

Please, can you tell me if I need any other permit or license to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 24, 2019

The professions and occupations which require specific permits are listed here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XXXII#TitleXXXII

I don't see translation agencies listed.

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1 Answer | Asked in Contracts and Business Law for Florida on
Q: Paid a contractor for work he did for a build out. He did not finish the job but we paid for work he did. County got

Involved and is now sewing for more money. But we have no contract. Can he sue ?

Charles M.  Baron
Charles M. Baron answered on Dec 24, 2019

When you say, "we have no contract", I presume you mean no WRITTEN contract, but that you did have an ORAL agreement to exchange a certain amount of money for certain labor and materials. Such an oral agreement may be deemed to be a valid, binding contract depending on the circumstances, and if... Read more »

2 Answers | Asked in Business Law and Gov & Administrative Law for Florida on
Q: Can a friend or family member perform acupuncture on me in the state of Florida if they are not licensed in this state?

I am wondering if there is a difference in "practicing" meaning holding a current license in the state to solicit business vs. being qualified to perform acupuncture but not having a current state license and doing so for a family member.

Charles M.  Baron
Charles M. Baron answered on Dec 16, 2019

No. See Florida Statutes Section 457.105, Sub-section (1), which you can find on-line.

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1 Answer | Asked in Business Law and Contracts for Florida on
Q: If a car is being financed an there is a borrower and co borrower whom have split up; who then gets full ownership?

Can one party just show up and take the vehicle with out the others permission as they both have rights to the vehicle or is there always a primary and secondary owner? ALSO is there a way to remove one party from the title before the loan is paid off? Like gifting your portion an do a title... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2019

If the two names on the title and connected with the word "and" it requires BOTH owners to do anything with the car. That does NOT mean that one of the owners cannot sneak in during the night and take the car; however, to do so would be an unlawful act--perhaps even a criminal act under certain... Read more »

1 Answer | Asked in Contracts, Employment Law, Business Law and Intellectual Property for Florida on
Q: Can I get sued over pictures of work taken as a subcontractor?

My husband and his brother worked independently for some time. His brother opened a company and my husband kept working with him, never did he sign a w2 or an employment contract. We decided to open our own business and when they asked for my husband to sign a w2, my husband told him he would not... Read more »

Linda Liang
Linda Liang answered on Nov 11, 2019

It is not as white and black as you wish. I think you should hire an attorney to get your strategy ready and respond.

1 Answer | Asked in Business Law for Florida on
Q: I wanted the Ruling, holding, statement of facts, procedural history, reasoning for the case of people v ouettelle.

This is for a case law assignment and I just needed a little help for a case brief for the case of People v. ouellette. I needed the reasoning, statement of facts, procedural history, judgement, rule of law, issues, holding and additional comments. Thank you

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 8, 2019

Since you were smart enough to find this free legal advice forum on line I am very sure that you can find Google and the host of other information websites online too. Get cracking.

1 Answer | Asked in Employment Law and Business Law for Florida on
Q: Is it legal do ask for a doctor's note at work if you weren't sick?

I slept through my shift at work. My boss said that I need a doctor's note even though I told him I wasn't sick. He is not telling me that if I don't provide a doctor's note I will lose my job.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 8, 2019

Your boss is being very kind to you; why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make any of... Read more »

2 Answers | Asked in Business Law for Florida on
Q: I’m trying to figure out the importance of a principle place of business. Why is it needed ? What purpose does it serve?

I’ve been doing research on a few companies that do business in Florida. However they are located in other states when combing through their business filings and reports I’m noticing that each of them list a principle place of business that they don’t actually inhabit or do business from my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 6, 2019

By stating that the address is their principal place of business, they are agreeing that the company is located in this state and therefore Florida has jurisdiction over them should they be sued. It's a similar concept to that of a human being (natural person) "residing" here.

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1 Answer | Asked in Employment Law, Copyright, Business Law and Intellectual Property for Florida on
Q: Can I get sued over pictures of work taken as a subcontractor?

My husband and his brother worked independently for some time. His brother opened a company and my husband kept working with him, never did he sign a w2 or an employment contract. We decided to open our own business and when they asked for my husband to sign a w2, my husband told him he would not... Read more »

Linda Liang
Linda Liang answered on Nov 6, 2019

I don't think this is kind of help you can receive on a public forum. In order to do it right, more analysis is needed. You need an attorney to help you to prevent litigation with the right strategy.

1 Answer | Asked in Copyright and Business Law for Florida on
Q: Can a tow yard refuse to release truck due to power of attorney not having the expiration date written but isnotarized?

Paper was hand written but still notarized. I had all of the money for the fees.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 4, 2019

Unless you are the owner--and can prove it--the tow yard will not release the car to you unless you have some other reliable documentation that they could use later if it turns out the owner did not authorize you to pick it up. Re-do the POA correctly.

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: I am researching a company that has an incorporation in Colorado, but has a certificate of foreign business in Florida

When I looked at their annual report to the state it states their principal business address. However, that address is actually a Jewish temple and not affiliated with this incorporation in any way. Is it illegal for the incorporation to submit false information in order to gain a certificate of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 1, 2019

Florida law does not prohibit the owners of any corporate entity to enter the correct information on the entity's online Annual Reports or other online documents. Nor does Florida law require the Division of Corporations to verify any information appearing on any corporate entity's online... Read more »

1 Answer | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Should I charge sales tax for my courier service? I pick up and item from one location and i deliver it to my customer.

No labor involved. I'm a middle man delivery service.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 28, 2019

Generally if you're not paying for the item and re-selling it you don't collect the sales tax.

You'd have to check your state, county, and city to be sure.

1 Answer | Asked in Business Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: As a life insurance agent, can I donate half my commissions to any parents at my daughter's school who purchases?

My daughter is in the Winter Park High School Band and we are always doing fundraisers. How much do we really make on selling coupon books or wrapping paper!?! I would like to approach the band director and offer to donate half my commissions to the band for any and all parents, grandparents,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 23, 2019

This is not a legal question; and I am unaware of any federal or state law that would prevent you from giving away all of the commissions you earn on all the insurance sale you make to all of your customers. Responding to your specific question: The only "problem" I can see is going to occur at the... Read more »

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