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Florida Business Law Questions & Answers
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.

2 Answers | Asked in Business Law for Florida on
Q: are the board of directors of a condo obligated to tell potential buyers of upcoming assessments and monthl fess raised
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 31, 2021

No.

However, the current angry owners can post a billboard outside the Condo offices if they want to.

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1 Answer | Asked in Real Estate Law, Business Law, Civil Rights and Sexual Harassment for Florida on
Q: The Apartment complex we live in seems super sketchy please help!

We Live in volusia county florida, my fiancée and I are disabled, my fiancée is pregnant, lots of code violations unresolved, apartment complex has come under new management, both old and new show extreme bias against the LGBTQ+ (I am transgender, my fiancée is genderfluid manager and... Read more »

Linda Liang
Linda Liang answered on Oct 23, 2021

Is your question what you can do to renew the lease with them? The only ground on whihc you could get them to renew is to prove that, other than you are transgender, they have no reason not to renew the lease. With that being said, you have had no conduct in violation of codes or you have been... Read more »

1 Answer | Asked in Business Law and Civil Rights for Florida on
Q: I had electrical done on my mobile home an they said I obstructed the electrical an makin me replace the box w/ no

Receipts giving to me! They said I can make payments on the amount an want me to sign a contract! I want a receipt with the description of all work that’s being done replacing the electrical box an she said all it will say is just the box! I feel they’re adding funds an pocketing $ cause when... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 21, 2021

Sorry, but I can't figure out what you are trying to ask. But I'm reasonably certain it has nothing to do with Civil Rights.

2 Answers | Asked in Business Law for Florida on
Q: Can an employer open an LLC in different state under my name? Now they ask me to open a business account under my name.

Without my knowledge. They already opened an LLC and sent me the paperwork to open the business bank account. Is it legal? I don’t understand how can someone open an LLC under my name without me being involved?

Jane Kim
Jane Kim answered on Oct 15, 2021

Obviously more facts are needed. But unless your name is Ford and someone opened another Ford and sells cars there, why not? Would their opening a business, using what happens to be your name, is creating some sort of market confusion? Is your name trademarked? Is your name already being used in... Read more »

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1 Answer | Asked in Banking and Business Law for Florida on
Q: my bank is denying me the release of my funds its been over 90 days is that legal? they closed the account july 26th

the deposit was a ppp loan that the security team failed to verify upon initial deposit and erroneously released the funds i was unaware of the loan not being fully verified i used 1600 of it and on july 4th they closed my account under fraud. turns out it was the mistake of an employee not fully... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 9, 2021

This problem is not unusual.

The PPP loan program was the first of its kind ever; and the government allowed the nation's banks and other financial organizations to make too many lending decisions that the SBA should have made.

I have helped at least a dozen people in similar...
Read more »

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