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Florida Business Law Questions & Answers
1 Answer | Asked in Business Law for Florida on
Q: Huawei FCC ban, what does it mean for companies selling Huawei products. Can we still sell Huawei products in USA ?
Linda Liang
Linda Liang answered on Jul 1, 2020

By designating Huawei and ZTE as threats to US national security, the FCC bars telecommunications providers from using government subsidy money through the $8.3 billion Universal Service Fund to purchase equipment from the companies for their networks.

That is to say, if your clients have...
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1 Answer | Asked in Banking, Business Law, Civil Litigation and Family Law for Florida on
Q: My hubby everything under LLC and partnership . We are marriage 9 years no marital contract.i stay home with our son 8YR

My hubby everything under LLC and partnership . I never had joint account . We are 9 years marriage. He just sold Marina Profit 500k, By the end of July about to sell His RV campground 9.7M ( will profit 4-5M for sure ) “LLC SHADY GATOR”. recently Got my citizenships. I m stay home mommy (8... Read more »

Linda Liang
Linda Liang answered on Jun 29, 2020

This is complicated. Are you contemplating divorce?

2 Answers | Asked in Business Law for Florida on
Q: Public info vs NDA

After years I realized that my payroll was being deducted purposely for work expenses such as hotels, online search fees, and even $10.00 for late reports. I confronted management and was fully reimbursed all expenses fully. I was required to sign a NDA which did NOT state the reason for the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 26, 2020

Without reading the NDA, it's difficult to guess what you can or can not disclose to third parties, but it's probable that you can talk about "payroll deduction laws" without mentioning your former employer.

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3 Answers | Asked in Business Law for Florida on
Q: I own a business with my family. We are fighting. How do we split the business or what rights do I have

Mom and me and my brother are listed as owners

Phillip William Gunthert
Phillip William Gunthert answered on Jun 26, 2020

You will want to reference your business internal documents (LLC would be your operating agreement and so forth), if no such agreements were drafted then you would have to resort to and look at the Florida Default Statutes based on the type of entity you created. You should try to find a way to... Read more »

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1 Answer | Asked in Contracts and Business Law for Florida on
Q: Fiverr won't release my funds because they say one client was not satisfied but they won't tell me who. Can I sue them?

Their customer support literally told me that they won't release the funds because one client was not satisfied but they won't tell me what client. Sounds like something very arbitrary and impossible to solve. What can I do? Should I sue fiverr? I also see a lot of other sellers in the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 25, 2020

The only way to evaluate your potential claim is to have an attorney review your contract and discuss the facts in detail. If the contract was breached, then of course you would have some type of legal remedy. The procedure for making a claim, whether that be by lawsuit in court or by... Read more »

1 Answer | Asked in Contracts and Business Law for Florida on
Q: How much can I sue for is a small business promises a refund but it’s been two months and ive gotten more response?
Charles M.  Baron
Charles M. Baron answered on Jun 22, 2020

Depends on the agreement you had with that business that it apparently breached. Also, some agreements, particularly those entered on-line, have arbitration clauses prohibiting you from suing in court, instead requiring you to bring your claim to arbitration. You would need to have your attorney... Read more »

2 Answers | Asked in Tax Law, Business Law and International Law for Florida on
Q: My US based company received a payment from a french corporation. The owner of the french corporation is asking a refund

on his personal account which looks like laundering money thing. What is the international law that forbids me to proceed in the repayment of the french corporation into the owner's personal account? Thanks in advance for your prompt answer.

David Luther Woodward
David Luther Woodward answered on Jun 15, 2020

I can think of no "international law" that prohibits you from refunding as directed; however, state and federal statutes against money laundering might well be triggered if this is this person's "modus operandi". Has he requested this method more than once? A pattern is... Read more »

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1 Answer | Asked in Banking, Business Formation and Business Law for Florida on
Q: What are the laws and requirements that bind money transmitters in Florida?

I would like to start a money service business specialized in money transfer overseas. Where do I start?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 11, 2020

The first place to start doing anything in the financial arena as a business is seeking a license to do what you want to do from the Florida Department of Financial Services in Tallahassee. Google them.

You will improve your chances of success in being approved if you hire a very...
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2 Answers | Asked in Business Law for Florida on
Q: Can I register a domain and business with name CitiPhoto?

I'm wondering if CITI can be used in other names except Citibank.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 10, 2020

You can try; go to www.sunbiz.com and have at it.

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4 Answers | Asked in Contracts, Real Estate Law and Business Law for Florida on
Q: Is it legal to enforce a year office lease repetitively over 12 years?

Never been late a payment, assumed the agreement was month to month, never notified otherwise or paid any additional and never was given a new lease to sign. They said it is in the contract that it auto renews each year (12 years ago, who knows?). Is that legal for them to keep me in a contract... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 9, 2020

You must read your 12-year old lease to determine if it has an auto-renewal clause, which CANNOT legally say (in layman's terms), "This auto-renews whether you like it or not!" (If it were to have that, it would be unenforceable.) My guess is that it says that the lease auto-renews... Read more »

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1 Answer | Asked in Business Law and Federal Crimes for Florida on
Q: if I live in FL, and ship plants to CA, and they catch me.. do they charge me with a crime, how does that work

when people ship plants without going through proper channels, do those people risk jail? are stats like CA a bigger risk to ship to due to their own laws on top of federal regulation?

or is the mail just taken and if you do it a lot, they will come talk to you and see what going on type of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

This potential criminal law situation sounds very important to me--and is certainly not the kind of question you should be asking lawyers online in a very public legal forum. Use the Find a Lawyer tab on the top of each page to find help.

1 Answer | Asked in Business Law for Florida on
Q: Can you have a business and be a full-time nurse?
Phillip William Gunthert
Phillip William Gunthert answered on Jun 1, 2020

While it depends what your nursing contract says and whether you signed a non-compete and what precisely your new business is going to be doing ongoing compared to those agreements and obligations, if none of that is an issue or concern, then you can create and start your own business. Many people... Read more »

2 Answers | Asked in Business Law for Florida on
Q: In Florida can a money judgment against A be used to set off a money judgment A & B hold as H & W against C?
Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2020

Who has the judgment against A? Unless it's C, no, obviously.

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3 Answers | Asked in Real Estate Law and Business Law for Florida on
Q: Can a realtor ask for their commission if we backed out of a sale and purchase?

My husband and I signed contracts to purchase a home and sell our house. We cancelled both 6 days later due to uncertainty over the immediate future of the economy. We offered to pay for the cost of marketing and the home inspection paid by the buyers of our home. But our realtor wants us to pay... Read more »

Keith Kanouse
Keith Kanouse answered on May 27, 2020

It depends on what your agreement with the broker provides. Also look for the Force Majeure provision (Acts of God excuses performance). Did you sign the contract before COVID-19?

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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 Law and Contracts for Florida on
Q: I never signed a contract with this company that is charging me monthly for tires and small fees, can I get my $$back?

I needed new tires and this company offers tires, that you can pay off in monthly payments ( if payed in 6 months there is no interest ) , but when I asked to see all the payments given ( about 3 months ) , only half of my money so far is paying for the actual tires and the other half are small... Read more »

Keith Kanouse
Keith Kanouse answered on May 19, 2020

Did you sign a purchase order for the tires, an invoice and any written document? Did you accept Terms and conditions over the Internet? If no, then they should not be charging you other fees.

1 Answer | Asked in Business Law for Florida on
Q: Good morning, Is it legal for a customer to provide another company with my W9 that I have not given permission Thanks
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 16, 2020

Without having all the facts no lawyer can possibly answer this question properly.

3 Answers | Asked in Criminal Law, Business Law and Civil Rights for Florida on
Q: I got hired to build a website and do marketing, after taking the payment, I could do the job. I can't afford to refund.

What happens if I can't pay them back. I meant to say I couldn't do the job

Jonathan Blecher
Jonathan Blecher answered on May 11, 2020

If you had a contract, the terms of that agreement will govern what their (and your) options are. They can sue you for specific performance or a judgment for the refund, plus attorney's fees. They could get a judgment against you. They can also report the incident to the police as theft, but... Read more »

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