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Florida Business Formation Questions & Answers
3 Answers | Asked in Business Formation, Business Law, Entertainment / Sports and Trademark for Florida on
Q: Can I trademark an exhibition/docu-series name? I'm in FL & trying to register the name under Sunbiz & USPTO.

Also, if I can register it, would I need to register it as an LLC?

Bill Hulsey
Bill Hulsey answered on May 26, 2020

Yes. And, we can help:

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Can a felon with firearm and drug convictions start an ATM business in Florida?

I was arrested for possession of a firearm by convicted felon and for growing marijuana. Since then I've been trying to change my life around and I'm looking to start an ATM business. My plan is to purchase the ATM and make money off the surcharges. I heard it's difficult for felons... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 26, 2020

This is an interesting question. As a former operations officer in a commercial bank my educated guess is that ANYONE intending upon stating a new business owning stand-alone ATMs and making money from the (outrageous) fees will have to have some sort of state license to do so; and so the Florida... Read more »

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Do I need a PLLC to teach music in the state of Florida?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 20, 2020

No.

2 Answers | Asked in Business Formation for Florida on
Q: Can I set up a dba under my name?
Evelyn Suero
Evelyn Suero answered on May 18, 2020

In Florida, a "DBA" or "fictitious name" may be registered for a sole proprietor unless he/she is doing business in their personal name. There are also exemptions for certain licensed professions. Consult with an attorney for specifics.

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3 Answers | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Filing taxes for a new LLC in Florida

Dear Professionals,

I registered my LLC with the state of Florida last October, but I have not been able to start running my business properly.

My company status is showing Active and I would like to prevent the status from changing into Inactive.

Given that I have not... Read more »

Evelyn Suero
Evelyn Suero answered on May 9, 2020

In order to maintain an "active status" with the Florida Department of State, an annual report must be filed each year for your business entity. More info is available on Sunbiz.org.

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1 Answer | Asked in Business Formation for Florida on
Q: I agreed to start partnership with my partner being the majority holder at 51% and me at 49%. We started a llc.

I funded the majority of it. We bought a day care. This whole time im begging him to sign a partnership agreement. He has now taken the day care and moved it to a different llc. What should i do?

Evelyn Suero
Evelyn Suero answered on May 6, 2020

When a Florida LLC doesn't have an operating agreement in place, then there are terms in Section 605 of the Florida Statutes that are provided to address your partner's right to transfer the LLC's property, dissolve the LLC, etc. Speak with an attorney to discuss your specific rights.

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Can I get my 21k back from my friend that I transferred to for business?

I have Transferred 21k to a friend for business opportunity. My friend has played me and will not give my money back. Is it possible to sue him and get my money back? The only evidence I have are through massages.

Heather Marie Meglino
Heather Marie Meglino answered on May 4, 2020

It is possible under a claim for unjust enrichment, which I will post below. The difficult part is where there is no written contract (besides text messages) there is no attorney's fees provisions. Meaning you would likely have to go pay an attorney to go after the 21k and not be able to... Read more »

3 Answers | Asked in Business Formation, Business Law, Real Estate Law and Tax Law for Florida on
Q: If I purchase food solely for my cooking show, can I legally deduct the cost?

I have a Florida registered LLC and plan to begin a YouTube channel under the business name. The channel would be a "how-to" cooking channel. The principle location of the business is in Maryland. Can I deduct the cost of the food and kitchenware I use for the cooking videos?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 2, 2020

This is not a legal question. It is an accounting question that you should ask of your CPA.

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2 Answers | Asked in Business Formation for Florida on
Q: If I am making masks for small donations, do I need to have a business or 501c license?

I am making masks for first responders and other essential personnel. We are taking small donations just to purchase more materials to continue making them. We have made hundreds of masks with around 400 dollars in donations. More orders are beginning to come in as the media picked up our story.... Read more »

Evelyn Suero
Evelyn Suero answered on Apr 20, 2020

A person or business/nonprofit organization must have a solicitation license before engaging in the solicitation of donations in the state of Florida. If you are soliciting donations/money, you should speak with an attorney for assistance in obtaining this license and to discuss if you would... Read more »

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: The jurisdiction that constituted the principal place of business... immediately prior to filing cert of domestication?

What is this request referring to/asking for? An address? A state or county? It's unclear.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 9, 2020

I don't know what form (or "request") you are trying to complete, but they are probably asking for the state.

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: I am thinking about starting a home based business in FL. How will this impact my homestead exemption?

If there's a slip and fall or other issue would I be less protected with a home based business than if I rented a regular business space? Is both the business and the business owner liable whether a slip and fall occurs at home based business or a nonhome based business?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2020

If you are starting ANY business you should hire a lawyer who has great experience in owning and operating their own small businesses and has consulted with many different kinds of small businesses for decades. The uncertainty you are now feeling will only get worse and worse--until you have a... Read more »

2 Answers | Asked in Business Formation for Florida on
Q: If I have an LLC registered in the state of Florida with multiple words in the name, can someone else register an LLC

Using a portion of the same words used in my LLC registration? Or, using the same words but in a different order?

Keith Kanouse
Keith Kanouse answered on Mar 23, 2020

If the Florida Division of Corporations accepted the name of the other company, you have problem particularly if you do not also have a Florida or Federal trademark registration.

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Would like to know what type of license would I need to start an online clothing boutique and be able to but wholesale
Keith Kanouse
Keith Kanouse answered on Mar 18, 2020

You would at least need an occupational license from your city or county.

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: What is the most cost effective way to reinstate my corporation that was voluntary dissolution last year?
Phillip William Gunthert
Phillip William Gunthert answered on Mar 5, 2020

Either pay the fees and late fees or start a new one entirely. A business attorney can help you based on specifics and details related to your business and why you need or want to reinstate the old one or if you would be better served going in a different and new direction starting anew. The... Read more »

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1 Answer | Asked in Business Formation and Contracts for Florida on
Q: Is a company legally bound by a benefits letter or only the actual agreement ?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 14, 2020

There is not nearly enough information here for lawyers to guess at.

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... 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 Business Formation for Florida on
Q: in Florida, is a minor allowed to become a limited partner in a partnership?
Linda Liang
Linda Liang answered on Nov 22, 2019

Partnership is a matter of contract. A minor is not necessarily binding on the contract he or she signs until he ratifies it after he is no longer minor.

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... 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 Formation and Business Law for Florida on
Q: My parenter created a sunbiz and im not on it
Linda Liang
Linda Liang answered on Oct 3, 2019

Is that a question?

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