Florida Business Law Questions & Answers

Q: design an illegal content app

1 Answer | Asked in Personal Injury, Business Law and Internet Law for Florida on
Answered on Jul 21, 2016

I believe I answered this but if the risk is jail time you always want to contact a criminal defense attorney and if necessary pay for the consultation. Depending on the nature of the site, if it was for instance involved in child porn or a fraudulent scheme it's possible you could face charges.
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Q: I had to close a business due to lack of funds, my employees are due 2-3 weeks of salary.

2 Answers | Asked in Business Law, Civil Litigation and Employment Law for Florida on
Answered on Jul 5, 2016

They could sue the corporation, but would probably not be successful in suing the corporation, assuming that they were employed by the corporation and that you didn't personally guarantee their pay.
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Q: I was a Victim of a Bank or Business Scam, I do not know the type of lawyer to get.

1 Answer | Asked in Criminal Law, Personal Injury, Banking and Business Law for Florida on
Answered on Jun 28, 2016

First you need an accountant, secondly you need a consumer attorney--look for a local member of naca (www.naca.net)
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Q: Can a dangerous felon hold a Realtor's Broker's License in the State of Florida?

1 Answer | Asked in Business Law and Real Estate Law for Florida on
Answered on Jun 15, 2016

"475.17 Qualifications for practice.—

(1)(a) An applicant for licensure who is a natural person must be at least 18 years of age; hold a high school diploma or its equivalent; be honest, truthful, trustworthy, and of good character; and have a good reputation for fair dealing. ...". I see no specific prohibition for dangerous felons, but obviously the "good character" provision may apply, unless the person is found to have reformed.
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Q: Is it illegal for me as a rent to own business to tell a probation officer that his client stole merchandise from us

1 Answer | Asked in Business Law for Florida on
Answered on Jun 15, 2016

No, there is no reason for you not to tell the P.O. about this. I am frankly puzzled as to why you feel this might be a problem.
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Q: If I signed a business purchase agreement am I able to back out of the deal

1 Answer | Asked in Business Law for Florida on
Answered on Jun 15, 2016

Yes, but you can be sued for breach of contract.
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Q: I sign a contract entering a job as a nanny, I just want to know what the contract really means.

1 Answer | Asked in Business Law and Employment Law for Florida on
Answered on Jun 8, 2016

Non-competition clauses such as this are common in employment contracts. They are only enforceable under certain circumstances. Your question suggests that you have already signed the contract. I suggest that, at such time as you cease working for this employer, and find a potentially-competitive job, you wait and see if this employer objects. Assess the situation at that time.
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Q: What types of businesses are exempt from FMLA?

1 Answer | Asked in Business Law for Florida on
Answered on Jun 1, 2016

"To qualify for the FMLA mandate, a worker must be employed by a business with 50 or more employees within a 75-mile radius of his or her worksite, or a public agency, including schools and state, local, and federal employers (the 50-employee threshold does not apply to public agency employees and local educational agencies). " https://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993

So, if he works for a federal contractor, it would seem that the business is covered.
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Q: Vendor used client's internet and office space to work on side project. Does client have any claim to this side project?

1 Answer | Asked in Contracts and Business Law for Florida on
Answered on Apr 21, 2016

Since it does not appear you were an employee and you have no contract, he would have a difficult time with his claim as to ownership. And given no written contracts, it might be hard for him to assert other claims.
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Q: I own a small business and never did much with social media. now that I want to start someone else has FB, twitter, Ect

1 Answer | Asked in Business Law for Florida on
Answered on Dec 9, 2015

That is a difficult question to answer. You would need to schedule a consultation with an IP lawyer.
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Q: If a member of an LLC willfully withdraws pursuant to a way allowed in the operating agreement, is that wrongful?

1 Answer | Asked in Business Law for Florida on
Answered on Nov 12, 2015

By whom? It is allowed in the agreement.
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Q: Can I be a wholesaler in Florida without a license?

1 Answer | Asked in Business Law for Florida on
Answered on Nov 10, 2015

Not enough facts are given for a complete answer. Wholesaler of what?
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Q: Can a LLC (Maryland) without op. agr. deprive a majority member of distributions indefinitely while profits are made?

2 Answers | Asked in Business Law for Florida on
Answered on Nov 9, 2015

I do not understand why you have asked about an LLC from MD in Florida. This is quite the opposit of an easy question to answer, indeed, it would require a bit of research. Go see a business law attorney about this for a full discussion.
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Q: Hi, so I am from Northern Arkansas and I work for a catering business where I deliver out of state a lot.

1 Answer | Asked in Business Law for Florida on
Answered on Nov 5, 2015

Carry what? You asked this under Business law in Florida. That is probably the wrong forum.
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Q: Moving an asset from a dissolved corp

2 Answers | Asked in Business Law for Florida on
Answered on Oct 8, 2015

My thoughts are that you need to go see a local real estate attorney for a full discussin about this. If there were debts of the corporation that were not paid, this could be a real problem.
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Q: Can Publicly traded company That wholesales Have different rules For small business owners to effect competition

2 Answers | Asked in Business Law for Florida on
Answered on Oct 2, 2015

This is the third attempt at getting free legal advice concerning your situation. Before you post another question, consider actually going to see an attorney for a full discussion. It is an open market, basically. They can sell to whoever they want to sell to, and they make their own rules.
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Q: Can Publicly traded company That wholesales Have different rules For small business owners to effect competition

1 Answer | Asked in Business Law for Florida on
Answered on Oct 2, 2015

Still, more information is needed. Basically, they can sell to who they want to sell to.
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Q: Can Publicly traded company That wholesales Have different rules For small business owners to effect competition

1 Answer | Asked in Business Law for Florida on
Answered on Oct 2, 2015

No facts? A question is hard to answer without knowing the facts and circumstances.
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Q: Does a limited proxy asking the membership to approve the alternative use of the collected reserve funds need a warning?

1 Answer | Asked in Business Law for Florida on
Answered on Sep 14, 2015

Do you think that an attorney can give you an answer without reading all relevant documents? It is complex and you should go see a local real estate attorney for a full discussion of the issues. Local attorneys will most likely have a knowledge of the local condo rules and regulations, and better access to them.
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Q: Hi, I want to start up a private bartending service, where the client provides the alcohol and I provide the mixers

1 Answer | Asked in Business Law for Florida on
Answered on Sep 12, 2015

It is not as simple as you think. Contact the licensing board about this matter:

I have found a statute that might help understand this:

562.01 Possession of untaxed beverages.—It is unlawful for any person to own, possess, purchase, sell, serve, distribute, or store any alcoholic beverages unless said person has fully complied with the pertinent provisions of the beverage law relating to the payment of excise taxes.

History.—s. 9, ch. 16774, 1935; CGL 1936 Supp....
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