Lawyers, Answer Questions  & Get Points Log In
Florida Business Law Questions & Answers
2 Answers | Asked in Business Formation and Business Law for Florida on
Q: When filing for an LLC is there a way to keep legal name private from public record?

I will be working under and doing business under a pen name and would like to keep my legal name as private as possible (I know there are limits to this) to separate this business from personal life. When filing for an LLC I understand that you can protect your address with a registered agent but... Read more »

Jane Kim
Jane Kim
answered on Apr 14, 2022

You can use series LLC, which would have to be registered in another state (FL does not have such a thing), then you register a business in FL. If you only register in FL, your name will have to be listed as an officer, but in other states it is not the same requirement.

Good luck.

View More Answers

1 Answer | Asked in Business Law and Employment Law for Florida on
Q: I think it is a bit of a con that Publix only offers their employees Publix's private stock rather than any perks.

Like instead of giving employees a 5% discount or something, you can invest in our company to be an "owner" of our private stock. Essentially forcing all employees to invest in the company. Even part timers have to work over 1,000 hours in a year to get enrolled into their stock... Read more »

Domenic J. Celeste
PREMIUM
Domenic J. Celeste
answered on Apr 10, 2022

This question does not relate to workers' compensation, which deals with work-related injuries.

1 Answer | Asked in Business Law for Florida on
Q: Does a foreign LLC need a FL Certificate of Authority to rent real property if done by a FL management co.?

FL 607.1501(e) meaning of 'selling through independent contractor'

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 9, 2022

While Florida Statute 607.1501 (2) (e) indeed provides that "selling through independent contractor" does not constitute the transaction of business, the rental (as a landlord) of real property is not the same as "selling". However Subsection (2) (m) also describes (as not... Read more »

1 Answer | Asked in Business Law for Florida on
Q: What does it mean to “give notice” to dissociate as a member under the FL Revised LLC Act 605.0601(1) and 605.0602(1)?

There are no operating agreements in place. Ex-business partners notified they company they intended to leave partnership via text and email. They provided the company an exact day when they intended the business partnership to end, and further notified the company in writing that they would be... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 25, 2022

There are two very different issues lurking in your combined question.

The statutory "sufficient notification" issue has nothing to do with the contractual issue of subsequent competition.

Regarding the sufficient notice issue, the main reason for the controlling statute...
Read more »

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: I own an LLC that sells trending fashion on its business website. Can I start/run any new companies under the same LLC?

My current LLC sell female fashion apparel, shoes, intimates, & accessories. But there is some businesses that are very similar to mine that I have the right connections to start a new business per that product category or service. Can I run a new similar business under my LLC? Or better yet,... Read more »

Keith Kanouse
Keith Kanouse
answered on Mar 13, 2022

All income from a LLC is subject to employment taxes. Discuss with your accountant on making a special election for your LLC to be treated like an S corp. This will give you the ability to have a reasonable salary to subject to employment taxes and any excess income treated as a distribution not... Read more »

View More Answers

1 Answer | Asked in Employment Law, Contracts and Business Law for Florida on
Q: Refused to sign a termination agreement, can I get in trouble?

I went to pick up my final paycheck after quitting a few days ago due to paychecks bouncing for myself and other employees multiple times in a row. When I went to pick up check the owner had a packet of paperwork saying termination agreement and asked me to sign it saying it was just for W-2... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 11, 2022

If your employer had wanted you to sign such a document, they should have asked you to sign an employment agreement before your job was at an end. So no, you wisely choose not to sign it, although if you had you possibly would be able to argue that there was no consideration for the agreement and... Read more »

1 Answer | Asked in Business Law for Florida on
Q: One of three board members resigned, is it required to replace the member, if so, how long is allowed by Florida law?
Keith Kanouse
Keith Kanouse
answered on Mar 10, 2022

It depends on what the Articles of Incorporation or Bylaws provide. Absent a specific provision in these documents Florida law provides:

607.0809 Vacancy on board.—

(1) Unless the articles of incorporation provide otherwise, if a vacancy occurs on a board of directors,...
Read more »

2 Answers | Asked in Employment Law, Business Law and White Collar Crime for Florida on
Q: Unjust Enrichment-gave up 50% of pay for share of incremental purchase price but then owners refused to pay.

As CFO of a business being sold, the owners of this business requested I take a 50% pay cut in return for splitting the incremental purchase price savings (about $1M) directly tied to my salary reduction. There is clear evidence of how my salary reduction contributed to $1M additional purchase... Read more »

Jane Kim
Jane Kim
answered on Mar 8, 2022

You can't be an employee at will and have an employment agreement.

Further, you may have several claims but obviously you need a consultation with a lawyer to understand your facts, review documents and advise accordingly.

Good luck.

View More Answers

1 Answer | Asked in Employment Law and Business Law for Florida on
Q: Not sure if I can do anything about being told i have a job for 6 months & then I dont

Last Oct I interviewed with a company & was told as soon as I got my license to let them know! (My master captains license)

I left my job to go to school & as soon as I had it I let them know! I've been getting strung along since December, I have a voice mail & text... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 1, 2022

Unfortunately, Florida is an “at-will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.” The only thing employers cannot lawfully do is to make any of... Read more »

3 Answers | Asked in Business Formation, Business Law and Real Estate Law for Florida on
Q: Do I need to put each of my corporate leases into separate LLC for asset protection?

I have started a short term rental business and I am trying to scale.

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 27, 2022

Rental business/property tends to be a high liability type of business and therefore you need to be sure to keep the business/properties compartmentalized from one another by limiting your potential exposure by separating all your businesses as much as you can. Separate LLC business entities is a... Read more »

View More Answers

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Hi can I start a sole propietorship at 17 without parental consent in Florida
Jane Kim
Jane Kim
answered on Feb 23, 2022

Legal age in Florida is 18. You can work at 17 but there are restrictions as to how early/late and how long you can work in a day.

Sole proprietorship simply means you work for yourself without the protection of a legal entity. You could do that. You will have difficulty entering into...
Read more »

1 Answer | Asked in Real Estate Law and Business Law for Florida on
Q: Should I pursue legal representation?

I recently purchased a mobile home through a local dealer. When we bought the land we didnt realize before that we were going to need to lift the home due to being near a river and in a flood plain. So during financing none of the paperwork reflected it. After we found out we got with the dealer... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 16, 2022

Before you decide whether "to pursue legal representation" you should concentrate on getting your $25,000 back from the dealer immediately.

Unless you stop trying to get them to do the work you wanted then to do you may end up being unable to get your $25,000 back, and will still...
Read more »

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: I'm starting a business as a sole proprietor in Florida do I need a DBA to use my initial and last name?

Specifically, I'm starting a business in Florida as a sole proprietor and want my business name to be my first initial, last name, and the word "Design" e.g. A. Smith Design. Do I need a DBA for this or does this meet the requirement for use of my legal name?

Advice is greatly appreciated.

James W. Martin
James W. Martin PRO label
answered on Feb 10, 2022

See F.S. 865.09 here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0865/Sections/0865.09.html

1 Answer | Asked in Business Law, Civil Litigation and Criminal Law for Florida on
Q: Can a contract(s) that violate the terms of an unenforceable and illegal (civil) contract serve as the basis

for a federal criminal charge?

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Feb 10, 2022

That is a very vague question. Generally speaking, one needs to commit an enumerated federal offense to be charged with a federal crime.

Contracts can be deemed to be, or referred to as, "illegal/not legal" or "unenforceable" without an actual crime being involved....
Read more »

2 Answers | Asked in Business Formation, Business Law, Contracts and Tax Law for Florida on
Q: Is there anyone that can help me with my business from the ground up?
Phillip William Gunthert
Phillip William Gunthert
answered on Feb 8, 2022

Yes, a Florida Business Attorney, you will want to speak with a Business Attorney, and they will be able to help you create your LLC, applicable Operating Agreement, register your business with the state, explain liability issues and keeping the business separate from yourself, filing for a more... Read more »

View More Answers

1 Answer | Asked in Business Law for Florida on
Q: if i move to a new state do I need to change my business information as well?
Keith Kanouse
Keith Kanouse
answered on Feb 1, 2022

If you are a Florida corporation or LLC and you move your office to another state, you will have to qualify to do business as a foreign entity in that state as well as change your information when you file your Florida Annual Report.

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Am I able to use the word "Productions" in my company name for an online resale business?
Jane Kim
Jane Kim
answered on Feb 1, 2022

why not? unless there is a reason for your asking...

2 Answers | Asked in Real Estate Law, Business Law and Landlord - Tenant for Florida on
Q: Can I still collect back rent totaling $30000 from the tenant, it has been 12 years overdue?

I just found out his family and himself sold their other properties and bought his own house. Can I put lien on it. Any recourse?

Jane Kim
Jane Kim
answered on Feb 1, 2022

Obviously, lots of questions arise that you did not address here.

But here is the basic answer on the statute of limitations:

The statute of limitations for written contracts is five years and oral contracts is four years.

View More 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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.