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Florida Business Law Questions & Answers
2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Can I register for a 'Fictitious Name' & pay for the Advertisement of the use of the name in newspaper on the same day?

Can I still run the Advertising after registering for a fictitious name? I will run the Ad within the same week.

Evelyn Suero
Evelyn Suero answered on Jul 27, 2020

In Florida, when you register a fictitious name you only have to certify that the name has already been advertised. However, publications may not place the advertisement on the same day that you submit a request for advertisement. Verify that the name has been advertised before you register.

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1 Answer | Asked in Employment Law, Tax Law, Business Formation and Business Law for Florida on
Q: Opening an online store with stickers/prints/shirts. Will be making less than 100K a year. What permits do I need in FL?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2020

You do not need to ask this question; you need to ask how to find a small business lawyer-before your small business flames out.

2 Answers | Asked in Business Formation, Business Law, Mergers & Acquisitions and Contracts for Florida on
Q: How can a minor buy shares in a private startup company?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 23, 2020

Until you are 18 your are not legally able to enter into any contracts. Period. The reason is because most kids under 18 are not capable of making sound financial decisions and can avoid responsibility if any company allows them to enter into contracts. The only other option is to get someone else... Read more »

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3 Answers | Asked in Contracts, Business Law and Civil Litigation for Florida on
Q: My attorneys are in possession of responsive documents to defendant RFPs and have not provided my production.

I am the plaintiff in a fraud case against a bank and other defendants. Defendants have justifiably submitted RFPs. Case began in 2017. My computers, phone and ipad were imaged to retain document integrity. My first law firm procrastinated providing any of my documents, emails, contracts and other... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jul 20, 2020

If your documents are on a hard drive it is likely there are alot of documents. Your attorney has to review and possibly redact information from your documents which would take considerable time. I do not know if your attorney has filed an objection to any of the documents requested since there... Read more »

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1 Answer | Asked in Personal Injury, Business Law, Car Accidents and Insurance Bad Faith for Florida on
Q: Taxi cab hit us, no insurance. Opening multiple LLC' to avoid prosecution? How is this legal?

They have no assets to go after as he is an LLC. How do I have little recourse against them as my attorney states a grim outcome?

Tim Akpinar
Tim Akpinar answered on Jul 16, 2020

A Florida attorney could advise best, but your question remains open for four weeks. Your attorney has as a point. This situation arises with commercial operators that are undercapitalized and underinsured (or worse, uninsured, as is the case with this vehicle). Your attorney has probably already... Read more »

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: I am interested in small time reselling and I would like to know if there are any forms And documents I should have
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 10, 2020

If you are going to have any type of business you should incorporate in order to protect your personal assets. Also, you may need certain licenses to operate and you also need to register with the Florida Dept. of Revenue so that you can collect sales tax. Any time you sell something you should... Read more »

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1 Answer | Asked in Business Law for Florida on
Q: Huawei FCC ban, what does it mean for companies selling Huawei products. Can we still sell Huawei products in USA ?
Linda Liang
Linda Liang answered on Jul 1, 2020

By designating Huawei and ZTE as threats to US national security, the FCC bars telecommunications providers from using government subsidy money through the $8.3 billion Universal Service Fund to purchase equipment from the companies for their networks.

That is to say, if your clients have...
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1 Answer | Asked in Banking, Business Law, Civil Litigation and Family Law for Florida on
Q: My hubby everything under LLC and partnership . We are marriage 9 years no marital contract.i stay home with our son 8YR

My hubby everything under LLC and partnership . I never had joint account . We are 9 years marriage. He just sold Marina Profit 500k, By the end of July about to sell His RV campground 9.7M ( will profit 4-5M for sure ) “LLC SHADY GATOR”. recently Got my citizenships. I m stay home mommy (8... Read more »

Linda Liang
Linda Liang answered on Jun 29, 2020

This is complicated. Are you contemplating divorce?

2 Answers | Asked in Business Law for Florida on
Q: Public info vs NDA

After years I realized that my payroll was being deducted purposely for work expenses such as hotels, online search fees, and even $10.00 for late reports. I confronted management and was fully reimbursed all expenses fully. I was required to sign a NDA which did NOT state the reason for the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 26, 2020

Without reading the NDA, it's difficult to guess what you can or can not disclose to third parties, but it's probable that you can talk about "payroll deduction laws" without mentioning your former employer.

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3 Answers | Asked in Business Law for Florida on
Q: I own a business with my family. We are fighting. How do we split the business or what rights do I have

Mom and me and my brother are listed as owners

Phillip William Gunthert
Phillip William Gunthert answered on Jun 26, 2020

You will want to reference your business internal documents (LLC would be your operating agreement and so forth), if no such agreements were drafted then you would have to resort to and look at the Florida Default Statutes based on the type of entity you created. You should try to find a way to... Read more »

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1 Answer | Asked in Contracts and Business Law for Florida on
Q: Fiverr won't release my funds because they say one client was not satisfied but they won't tell me who. Can I sue them?

Their customer support literally told me that they won't release the funds because one client was not satisfied but they won't tell me what client. Sounds like something very arbitrary and impossible to solve. What can I do? Should I sue fiverr? I also see a lot of other sellers in the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 25, 2020

The only way to evaluate your potential claim is to have an attorney review your contract and discuss the facts in detail. If the contract was breached, then of course you would have some type of legal remedy. The procedure for making a claim, whether that be by lawsuit in court or by... Read more »

1 Answer | Asked in Contracts and Business Law for Florida on
Q: How much can I sue for is a small business promises a refund but it’s been two months and ive gotten more response?
Charles M.  Baron
Charles M. Baron answered on Jun 22, 2020

Depends on the agreement you had with that business that it apparently breached. Also, some agreements, particularly those entered on-line, have arbitration clauses prohibiting you from suing in court, instead requiring you to bring your claim to arbitration. You would need to have your attorney... Read more »

2 Answers | Asked in Tax Law, Business Law and International Law for Florida on
Q: My US based company received a payment from a french corporation. The owner of the french corporation is asking a refund

on his personal account which looks like laundering money thing. What is the international law that forbids me to proceed in the repayment of the french corporation into the owner's personal account? Thanks in advance for your prompt answer.

David Luther Woodward
David Luther Woodward answered on Jun 15, 2020

I can think of no "international law" that prohibits you from refunding as directed; however, state and federal statutes against money laundering might well be triggered if this is this person's "modus operandi". Has he requested this method more than once? A pattern is... Read more »

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1 Answer | Asked in Banking, Business Formation and Business Law for Florida on
Q: What are the laws and requirements that bind money transmitters in Florida?

I would like to start a money service business specialized in money transfer overseas. Where do I start?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 11, 2020

The first place to start doing anything in the financial arena as a business is seeking a license to do what you want to do from the Florida Department of Financial Services in Tallahassee. Google them.

You will improve your chances of success in being approved if you hire a very...
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2 Answers | Asked in Business Law for Florida on
Q: Can I register a domain and business with name CitiPhoto?

I'm wondering if CITI can be used in other names except Citibank.

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

You can try; go to www.sunbiz.com and have at it.

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4 Answers | Asked in Contracts, Real Estate Law and Business Law for Florida on
Q: Is it legal to enforce a year office lease repetitively over 12 years?

Never been late a payment, assumed the agreement was month to month, never notified otherwise or paid any additional and never was given a new lease to sign. They said it is in the contract that it auto renews each year (12 years ago, who knows?). Is that legal for them to keep me in a contract... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 9, 2020

You must read your 12-year old lease to determine if it has an auto-renewal clause, which CANNOT legally say (in layman's terms), "This auto-renews whether you like it or not!" (If it were to have that, it would be unenforceable.) My guess is that it says that the lease auto-renews... Read more »

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1 Answer | Asked in Business Law and Federal Crimes for Florida on
Q: if I live in FL, and ship plants to CA, and they catch me.. do they charge me with a crime, how does that work

when people ship plants without going through proper channels, do those people risk jail? are stats like CA a bigger risk to ship to due to their own laws on top of federal regulation?

or is the mail just taken and if you do it a lot, they will come talk to you and see what going on type of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

This potential criminal law situation sounds very important to me--and is certainly not the kind of question you should be asking lawyers online in a very public legal forum. Use the Find a Lawyer tab on the top of each page to find help.

1 Answer | Asked in Business Law for Florida on
Q: Can you have a business and be a full-time nurse?
Phillip William Gunthert
Phillip William Gunthert answered on Jun 1, 2020

While it depends what your nursing contract says and whether you signed a non-compete and what precisely your new business is going to be doing ongoing compared to those agreements and obligations, if none of that is an issue or concern, then you can create and start your own business. Many people... Read more »

2 Answers | Asked in Business Law for Florida on
Q: In Florida can a money judgment against A be used to set off a money judgment A & B hold as H & W against C?
Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2020

Who has the judgment against A? Unless it's C, no, obviously.

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3 Answers | Asked in Real Estate Law and Business Law for Florida on
Q: Can a realtor ask for their commission if we backed out of a sale and purchase?

My husband and I signed contracts to purchase a home and sell our house. We cancelled both 6 days later due to uncertainty over the immediate future of the economy. We offered to pay for the cost of marketing and the home inspection paid by the buyers of our home. But our realtor wants us to pay... Read more »

Keith Kanouse
Keith Kanouse answered on May 27, 2020

It depends on what your agreement with the broker provides. Also look for the Force Majeure provision (Acts of God excuses performance). Did you sign the contract before COVID-19?

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