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Florida Business Law Questions & Answers
1 Answer | Asked in Business Law, Intellectual Property and Trademark for Florida on
Q: Am I legally allowed to incorporate images of pet food bags for a powerpoint presentation on marketing schemes?

Putting together a slide presentation on common marketing tactics and wanted to use pet food bag images as examples. Wondering if this is legal or if I should block out the names of the pet food bags.

Jane Kim
Jane Kim answered on Jan 21, 2022

You should probably repost it under trademark or intellectual property.

Under the Fair Use doctrine you can use a trademark without permission if the use is for educational or informational purposes; so long as it is not used for commercial purposes.

1 Answer | Asked in Business Law for Florida on
Q: I dissolved my LLC and my soon to be ex husband had it reinstated. It has my FEI number. How do I get my FEI number off?
Jane Kim
Jane Kim answered on Jan 19, 2022

FEIN is not yours, it is associated with the LLC. As an example, whenever informational income tax return is filed by the LLC, this number is used. I assume the reinstatement does not list you as an officer of the LLC, and all other business operations do not list you as a member of the LLC.... Read more »

2 Answers | Asked in Business Law for Florida on
Q: Business Law, Franchise question. Most FDD has a personal guaranty clause. What can I do about it? Can it be limited?
Linda Liang
Linda Liang answered on Jan 19, 2022

Not much. It is an offer. You can accept or provide counter offer. You should be represented by an attorney to know what you actually sign into.

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1 Answer | Asked in Business Law for Florida on
Q: under Chapte 485.003 paragraph (4) "Qualified person" what credentials are accepted? I have a AAS in Health Science

1)I'm looking into 2 Institutes at the moment to study hypnotherapy. I'm trying to confirm that upon completing the course and obtaining a certificate in Clinical hypnotherapy. Along with my AAS in Health Science and being a EKG Tech/Phlebotomist and 10 years plus experience in customer... Read more »

Jane Kim
Jane Kim answered on Jan 18, 2022

If you obtained a license or a certificate, you are deemed qualified to work in that profession, whatever that profession might be.

You should direct any professional licensing questions to the relevant governing board, probably at the FDBPR.

2 Answers | Asked in Business Law and Civil Rights for Florida on
Q: When on a FL HOA board when can new rules be implemented and is a lawyer needed to have new rules added or rules update

I'm currently in a HOA board and we are trying to figure out what rules/by lawns are currently in place. How can we change them/ modify them and how to move forward. One board member says to make any changes we have to have a lawyer and then have a vote. I'd like clarification on what can... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 18, 2022

A lawyer is probably not required, but the board member who says that perhaps figures that a lawyer is more apt to be able to spell "bylaws".

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1 Answer | Asked in Business Law, Copyright and Intellectual Property for Florida on
Q: I want to recreate old jewelry (1800s) with slight mods to brand and sell. Would this be a copyright violation?

I like discovering strange vintage pieces and I don't necessarily want to make "replicas" as I do want to make some alterations to the antique designs/make them more modern/brand-able. I just want to make sure I'm not stepping on anyone's toes/ violating some... Read more »

Robert Kost
Robert Kost answered on Jan 14, 2022

Jewelry is copyrightable, but from your description its copyright has long since expired. See: https://guides.library.cornell.edu/copyright/publicdomain

1 Answer | Asked in Business Law for Florida on
Q: Business legal advice.

2. Years ago I got diagnosed with cancer. I'm president of my business with a partner. Now that I couldn't go down there while dealing with this my partner says I'm not aloud to receive any profit from my company because I'm not there at the business right now. She's done... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 11, 2022

The answer is going to depend on a number of factors, such as the type of business entity, the operating agreement, the division of shares, and other things. I recommend that you consult with an attorney asap. You can speak to them, send them the relevant documents, and potentially retain them to... Read more »

2 Answers | Asked in Business Law for Florida on
Q: I recently had to leave my restaurant business location for a family emergency. A new restaurant has moved in. They are

The new restaurant is using all my business signs

Customers are believing that they are eating at my restaurant. I have a new location and this causing confusion. I have already asked them to replace the signage or at least cover it up.

Michael  Mayoral
Michael Mayoral answered on Jan 5, 2022

This may be the basis of a lawsuit for Trademark Infringement. You can hire an attorney to send them a cease and desist/demand letter, and potentially file suit for damages.

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2 Answers | Asked in Contracts, Employment Law and Business Law for Florida on
Q: As a 1099 personal trainer I set my prices. Can gym owner force me to honor a discount price package created by the gym?

Are we required by law to honor a pricing package made by the gym when we are 1099 contractors? If it is the gym "policy" to provide a Silver Sneakers member a training discount, then isn't it for their employees to honor, not contractors? The club takes 40% of each session no... Read more »

Linda Liang
Linda Liang answered on Jan 5, 2022

You need to have an attorney to review your agreement with the gym. The agreement should define the solutions in a scenario like this. The laws are about enforceing a valid agreement.

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1 Answer | Asked in Business Law for Florida on
Q: In Lake County, Florida, do you have to have a business license to operate a business?
Linda Liang
Linda Liang answered on Jan 5, 2022

The County requires business owners to obtain a Use permit before they can operate a new business or change the use of any business in unincorporated Lake County. (151.110) The County does not require business licenses, however, a business may be required to obtain other licenses in order to... Read more »

1 Answer | Asked in Business Law for Florida on
Q: Does the State of Florida have licensing requirements for individuals wishing to sell burial plots in cemeteries?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 29, 2021

Yes. Google the Florida Department of Financial Services and search for "cemetery license."

2 Answers | Asked in Business Law for Florida on
Q: If I want to put Flogrown on my website to let people know it is a Florida business. How can I do that legally.

Flogrown is trademarked.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 19, 2021

Get written permission from the trademark owner.

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2 Answers | Asked in Business Law and Contracts for Florida on
Q: if buyer defaults on contract and is awarded escrow deposit. How is that distributed with his realtor?

The sellers realtor not buyers

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 1, 2021

Start by reviewing the contract.

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1 Answer | Asked in Products Liability and Business Law for Florida on
Q: Can a licensed esthetician in Florida preform teeth whitening services if certified?
Jane Kim
Jane Kim answered on Nov 27, 2021

You need to call your licensing board and ask.

2 Answers | Asked in Banking, Business Law, Consumer Law and Small Claims for Florida on
Q: Can I dispute a debit card purchase I never received?

I ordered a jewelry piece that was filed as misdelivery/nondelivery by my local post office. Claims were filed with the PO but then I was later told the seller did not insure their package so my PO cannot continue with a refund and I need to contact the seller. I do so and the seller refuses to... Read more »

Jane Kim
Jane Kim answered on Nov 27, 2021

Just call them!

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1 Answer | Asked in Real Estate Law and Business Law for Florida on
Q: It is my understanding that there are only three ways to determine monthly maintenance fees and special assessments.

Square Footage, FMV or a flat rate that everyone pays. My neighbor, who was close to the Board President, claimed that the BOD reduced our budget and cut our fees by $10 per month, per unit. Now they are claiming we don't have any money. We are getting a fee increase and an assessment to... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Nov 21, 2021

Monthly assessments and special assessments are two different types of assessments and how they are calculated depends on the language in your association documents. I have never heard of monthly assessments being based on Fair Market Value. Special assessments can be passed for various purposes,... Read more »

2 Answers | Asked in Contracts, Employment Law and Business Law for Florida on
Q: can an employer change the terms of your 10-99 contract after signing?

Employer is looking to change my full time base salary from 3,500 to a job by job pay until sales pick back up. Is this legal?

Jane Kim
Jane Kim answered on Nov 16, 2021

As a 1099 contractor, you are not an employee but a self-employed independent contractor.

If you have an actual employment contract (rare), the contract will dictate the terms of the relationship, for how long and how much. it should also provide for rights to modify its terms.

If...
Read more »

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4 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Business Law for Florida on
Q: What options are available to me or what can I do? I could get the money to pay the judgement but I can't afford more.

My business was being sued. The case had been going on for about 2 years. I was having financial issues and could not make payments to my attorney. He requested to withdraw and I granted it. I did not realize how hard it would be to find a new attorney and during my search me and my other two... Read more »

Jane Kim
Jane Kim answered on Nov 12, 2021

Bad situation, sorry to hear that. You should confirm whether the judgment is against the business only or against you individually as well. You may still be able to file a Motion to Set Aside DEFAULT Judgment, if it was entered by default, if you have excusable neglect and a meritorious defense.... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Banking and Business Law for Florida on
Q: Can anyone deduct money from my Bank account without my permission? Even though they have my number on file.

I am a member of an HOA. We have a grill that we are required to pay $50. every month to use it or lose it. I never use it. Recently they stated on the statement: Beginning January 1st, 2022 we will be converting to auto pay. Payments will be automatically be charged to your card on file on... Read more »

Linda Liang
Linda Liang answered on Nov 6, 2021

Nobody has right to charge your credit card without your authorization.

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1 Answer | Asked in Business Law for Florida on
Q: The school district for Manatee County I worked for is making up unsubstantiated allegations.
Michael  Mayoral
Michael Mayoral answered on Nov 1, 2021

You should consult with an employment attorney regarding a claim for wrongful termination.

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