Lawyers, Answer Questions  & Get Points Log In
Florida Business Law Questions & Answers
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.

View More Answers

1 Answer | Asked in Business Law for Florida on
Q: Can I add a member to my LLC without him sharing in profits/losses?

My friend and I have had an LLC for a couple months now, however, we are 16 years old which makes it difficult to do things such as open a bank account. If we were to add his 18-year-old brother into the LLC, could he be a member without sharing in any profits/losses and if so, would he have no tax... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 7, 2020

Whoa, slow down and think: As you are aware, minors like the two of you (i.e., children under age 18) are not legally able to enter into legal contracts because the law presumes they are too young to know the consequences of their actions--and because they can renege on any contracts they make,... Read more »

1 Answer | Asked in Contracts and Business Law for Florida on
Q: Is FLSA apply in this situation?

I worked with a person part time for over a year without getting paid a dime. About six month into the unstated partnership, I was added as a 10% partner in a Delaware corporation. Due many conflicts, I stopped working with her in February 2020.

Are there clause of FLSA that apply in this... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 5, 2020

No, the Fair Labor Standards Act doesn't apply to partnership members or corporation owners such as you.

2 Answers | Asked in Business Law and Consumer Law for Florida on
Q: Event was postponed to 2021. Based on festival terms, it can be postponed without a refund. What said US law about this?

My bank rejected my chargeback based on the festival host t&c. I'm not a USA citizen. I live in Europe.

Stephen Arnold Black
Stephen Arnold Black answered on May 4, 2020

Parties to a contract have the right to negotiate terms relating to unforeseen events; and how any risks associated with said events would be assumed by the parties. That being said you should retain counsel to fully review the contract to determine your rights and make attempts to negotiate a... Read more »

View More Answers

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.

View More Answers

1 Answer | Asked in Business Law for Florida on
Q: How is it legal for Spectrum to charge for services that you are not receiving? (Not Prorating)

Spectrum stopped prorating bills last summer, but doesn't ensure their reps inform the customer before processing the downgrade mid-cycle. Nor, do they have systems in place to continue your services until the end of the cycle before it processes the downgrade. I don't understand how... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 28, 2020

This is not a legal question. This is a consumer question that does not involve the legal profession.

1 Answer | Asked in Business Law for Florida on
Q: My Florida Not For Profit was registered in 2012 and is a homeowners association. Does the 2019 HOA law apply to us ?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 26, 2020

No online lawyers can ever even begin to answer this very important question; the HOA will HAVE to hire an experienced lawyer who represents HOAs to review your HOAs charter and all the amendments and annual reports, then review the new law before being able to help your HOA. You can email the... Read more »

2 Answers | Asked in Contracts and Business Law for Florida on
Q: Now how do I get them to remove my books from their website?

I asked nicely its been months and they're still advertising my books.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 22, 2020

You are going to have to sit down and write up a whole bunch more facts before any experienced lawyer will ever try to give you advice.

View More Answers

1 Answer | Asked in Contracts and Business Law for Florida on
Q: OK so weve established that its expired but this what it says about it.

This contract is good for a term of three (3) years. Either party can terminate this agreement in writing with a thirty (30) day notice. Any deals, events, performances etc,,, that where done during the time of this contract will still be deemed a part of this contract and *** will be paid twenty... Read more »

Keith Kanouse
Keith Kanouse answered on Apr 22, 2020

If the contract has expired, then neither party has any further obligations to the other party except payment owed for bookings. Does the contract have any provisions that survive the expiration such as confidentiality, non-compete, indemnification, etc.?

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.

View More Answers

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 »

1 Answer | Asked in Business Law for Florida on
Q: A contract I signed w/ a non-profit has an NDA. I am writing a demand for payment letter, can I send to board members?

I worked in Feb. as a freelance musician for an orchestra in Florida that now says they cannot pay what my contract says that I am owed. I am writing my pre-small-claims "demand for payment" letter & would like to cc the board to pressure them to make payment. I live in CA & would... Read more »

Keith Kanouse
Keith Kanouse answered on Apr 7, 2020

You should send it to the person listed in the Notices provision of the contract. If no Notice provision send it to the person who signed the contract on behalf of the non-profit. Do not copy the Board members.

3 Answers | Asked in Business Law and Contracts for Florida on
Q: In 2020 I noticed the business I co-owned is registered but I am no longer listed. What is the significance?

My partner who I have recently had a disagreement, recently registered the business for 2020 but I am not listed (I was listed in 2019 as a owner/mgr). What is the legal significance of not being listed on the business as I am a 49% partner?

Heather Marie Meglino
Heather Marie Meglino answered on Apr 6, 2020

Do you have a partnership agreement? Typically, that is going to control over what is on Sunbiz (I am guessing that is what you are referring to). Also, if there was not a written partnership agreement, it defaults to the Florida Revised Uniform Partnership Act. I would suggest that you have them... Read more »

View More Answers

1 Answer | Asked in Business Law for Florida on
Q: is it legal for a doctor to contact patients from a clinic they previously worked at?
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2020

Yes, unless there is an applicable and enforceable non-competition clause.

2 Answers | Asked in Business Law for Florida on
Q: I loaned $250K to my son and his friend to start an LLC in FL. They have defaulted on the loan. The friend used LLC $

The friend used LLC funds to remodel his own home. What recourse do I have of collecting on the loan?

Keith Kanouse
Keith Kanouse answered on Apr 3, 2020

Do you have proof of the loan such as a promissory note? You have the right to sue him for the money he diverted from the LLC to himself plus the rest of the loan.

View More Answers

1 Answer | Asked in Real Estate Law and Business Law for Florida on
Q: Can officers of the HOA encourage co-owners how to vote on Rule & Regulations changes ?

Our annual meeting was Nov., 2019. Prior to the meeting the HOA Sec. went door-to-door asking if we needed a proxy and encouraged us to vote yes on a change to the R & R regarding the min. days we could rent. The change was from 30 day min. to 60 day min. Is this something they are allowed to do ?

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

Yes, of course. The HOA's BOD and officers are supposed to do things in the best interest of a majority of the homeowners, and so they would naturally want to "lobby" the members in support of something they are trying to do. The solution--available to all HOA members--is to seek... Read more »

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Public Benefits for Florida on
Q: Does our local Chamber of Commerce own our communities local "Pageant"?

We have a pageant that has been in our community for over 30 years! Its never been filed as an official entity or organization. It has always been ran by different volunteers within the community. I know for several years our local Chamber sponsored the pageant. Then there was a issue with... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 1, 2020

You definitely need to consult with an attorney.

Anybody can own a pageant and call it anyway they want.

The question is whether it is exclusive, and if what you do, your work, is owned by somebody else.

Check if they ever signed or got a contract from somebody.

Even...
Read more »

3 Answers | Asked in Contracts and Business Law for Florida on
Q: What recourse do I have when I signed a contract to complete a project and they paid me less than what I billed for.

I was subcontracted for some IT work. I signed a contract and my billable hrs were below that max amount of billable hrs. I provided a weekly summary of the work I did and hrs worked. Everything went well until payment was due. The first excuse was they didn't approve my proposal which later... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 30, 2020

Your options are to hire an attorney to send a demand letter, then take legal action if that fails, or just jump right to the legal action. I usually recommend starting with a demand letter. Your inquiry is vague about the contract saying "no court", but I'm guessing you mean the... Read more »

View More Answers

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.