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Florida Business Law Questions & Answers
2 Answers | Asked in Business Law for Florida on
Q: Can I require my mini-storage customers to use auto-pay?

As a Mini-storage owner can I legally require my new and existing renters to be set up on auto-pay due to the imminent possibility of new lock-downs and Covid restrictions?

Keith Kanouse
Keith Kanouse answered on Nov 13, 2020

You will have to revise your current agreement to add auto-pay for future customers. For current customer the terms of the current agreement will have to be reviewed.

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1 Answer | Asked in Consumer Law, Contracts, Copyright and Business Law for Florida on
Q: Is it true that I don't need permission to use a song in my streaming service if it's free (and I make money from ads)

I'm starting a small music streaming service. And one of the bands I was talking to said that they do not own the licenses to their music. But would like to be on the platform. They mentioned to me that, to use their music, I do not have to pay royalties, so long as the platform is free, as... Read more »

Allison Higgins
Allison Higgins answered on Nov 12, 2020

This sounds like a situation where you will need to hire a lawyer. There are a lot of moving parts that need to be parsed out. You may want to look into getting a blanket license like many radio stations have.

Look into hiring a copyright lawyer that has experience with musicians and...
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1 Answer | Asked in Business Law for Florida on
Q: We are trying to buy an assisted living business in Florida. We just moved to Florida 1 month ago from utah.

We have been looking for a place since August online.we have spoken to several brokers over the past few months we signed with one of them but we found a place on our own. Do we have to keep this agent.

Keith Kanouse
Keith Kanouse answered on Nov 11, 2020

The answer depends on the terms of the agreement you have with the broker. You would have to e-mail a copy of the agreement before I could give you a definitive answer.

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Florida on
Q: Does a Florida single-member LLC offer personal asset protection in the event of a lawsuit?

I am a Home Health Physical Therapist Assistant (1099 Independent Contractor) in FL. I have professional liability insurance but want to make sure my personal home, retirement, savings and investment accounts are safe if I am sued. I set up a single-member LLC, but my accountant recommended to... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 3, 2020

You seem to be concerned about protecting yourself from any professional malpractice suits, which is what professional liability insurance is for. If you provide your services under an LLC, you'd need to insure both the LLC and yourself individually, and if that causes a substantial... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and Government Contracts for Florida on
Q: I want to source hvac units and resell them to licensed installers locally. Am I able to sell them legally w/o license?

I would sell them to local small businesses that do ac repair and need hvac units for their customers. I do not have a license and wanted to know if I legally needed one to be able to buy and sell hvac in FL

Keith Kanouse
Keith Kanouse answered on Oct 7, 2020

I don't think you need a license from the Construction Industry Licensing Board but you would need an occupational license. You should also form an S corporation or LLC to protect you and have the manufacturer cover you under its product liability insurance..

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Florida on
Q: How difficult and timely to get Declaratory Judgement on responsibility for a Florida LLC net lease contract?

I am a 50% owner non managing member of a Florida LLC that owns a single asset; commercial property . The managing member (MM) is a 50% owner who enjoys a Net Lease for his Florida Corporation to operate on the property. The LLC operating agreement and a lease contract state that the MM's... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 5, 2020

Difficult? Not at all.

Timely? Unknown. Covid-19 has slowed everything down; depends on the docket at the Broward County Circuit Court.

1 Answer | Asked in Business Law for Florida on
Q: If you quit a job for unethical business practices can you be liable for paying back wages?

The business claims they overpaid me and want reimbursed for employment wages. I moved from Ohio to what was supposed to be an on-site managers apartment plus 1500 monthly compensation. The apartment was declined as it was not safe to live in. There are also people living in storage units and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 28, 2020

Yes, in theory they can seek it if they overpaid you. But if they paid you for four weeks without a written contract, they would still owe you something for that.

2 Answers | Asked in Business Law and Civil Litigation for Florida on
Q: is there a website where cases for say "Breach of Contract" or other torts are searchable?

I would like to read various Briefs on Breach of Contract cases and other Torts

Charles M.  Baron
Charles M. Baron answered on Sep 23, 2020

A free one of limited search capability is Google Scholar - Google: google scholar case law. The sites that lawyers use, which cost money, but which may also be available for free at law libraries, include Westlaw, LexisNexis, and Fastcase.

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1 Answer | Asked in Business Law, Criminal Law and Libel & Slander for Florida on
Q: I have been receiving defamation, phone call harassment to my business? We reported to the police couple of time.

My business, myself and employees are in fear because we are receiving phone calls, stalking with threats, online defamation to my business from a person. We reported to the police many times but didn't see any result. I really can't afford right now for an attorney and just want to see... Read more »

Henry George Ferro
Henry George Ferro answered on Sep 17, 2020


1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Can a business operate under an LLC license only?
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

It depends upon what product or service the business sells. And, by the way, registering a LLC is not licensing; there is no such thing as a "LLC license".

1 Answer | Asked in Business Law for Florida on
Q: If a client stops paying with impact on ability to repay a line of credit, is there an obligation to notify the bank?

A client has decided to stop paying $2M in debt for services rendered. The company is taking legal action but ability to repay the LoC is impacted.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 16, 2020

IMO, there is no experienced Florida banking lawyer--including me--who sees this question who would stick out their neck to answer it. Why? Because six-figure financial business matters are far too important to the parties for you to be asking about it here. If you are worried about impact on you... Read more »

2 Answers | Asked in Business Law and Trademark for Florida on
Q: I need to get a lawyer to assist my Veteran's NonProfit 501c3 to trademark/stripe something something

We want to trademark/stripe "Got Your Six"

Evelyn Suero
Evelyn Suero answered on Sep 15, 2020

You will need to consult with a trademark attorney to assist you with the trademark registration process to ensure that no one else is currently using the trademark in the same or related class that you intend to use.

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2 Answers | Asked in Contracts, Business Law and Collections for Florida on
Q: After years of a successful verbal partnership, what steps to take to ensure protection prior to confrontation on $ #s?

Have a verbal contract with years of recorded deposits proving the contract/agreement exists, some email evidence, but after realizing inaccuracies between their accountant's #s and my deposit #s vs our agreement, prior to confrontation or making them aware of suspicion, I need to consult an... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 10, 2020

Aside from your emails you must obtain as much information as possible regarding bank accounts and loans (bank statements, bank forms executed attesting to a partnership and the names of the individual partners, maybe even % of interest) , income tax records for past years, any contracts executed... Read more »

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2 Answers | Asked in Contracts and Business Law for Florida on
Q: Does 607.0102 require participation by all owners or can the majority owner act on this?

There are multiple owners of a school and one of them from the beginning was a financial contributor but has since been inactive and is not staying in contact, after multiple attempts. The remaining owners are active in the operation of the business and in constant contact regarding business... Read more »

Keith Kanouse
Keith Kanouse answered on Sep 8, 2020

You could have a special meeting of the shareholders after written notice to all shareholders as provided in your bylaws or just prepare a written consent of your intended actions signed by the shareholders owning a majority of the issue and outstanding shares in accordance with Section 607.0704.

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1 Answer | Asked in Business Law and Insurance Bad Faith for Florida on
Q: Business Insurance Renewal- legal time limits?

My business insurance expires 9-13-20 They sent me the renewal application via email 8-11-20. I sent the completed application and sent it back via email 8-13-20. I have since sent the representative an email asking if any further information is needed and asked when can I expect a quote. Her... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 4, 2020

Whoa; slow down. You appear to be letting your wagon get out ahead of the horses here.

Before doing anything else, please go READ your current lease and see if it says anything about the landlord being required to "give you a quote" at any time.

Then re-read the new...
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1 Answer | Asked in Business Law for Florida on
Q: My wife and I need to hire an attorney. Must we sign 2 separate contracts with the attorney?

This is about the roof of our house. We need an attorney to represent us. The attorney says that my wife and I must sign separate contacts with him, even though we have both signed the same limited power of attorney for him to represent us (which we have not yet given to him). We would prefer to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 28, 2020

Ask him why he wants you to sign separate documents; there appears to be a misunderstanding on your part. And powers of attorney have nothing to do with representation contracts with attorneys at law, so you appear to be confused there too.

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Civil Rights for Florida on
Q: what are the laws regarding recording calls, outgoing & incoming? Do we need to provide a disclaimer? or just inform?

Do we need to make a disclaimer for both outgoing and incoming calls? or let the person know they're on a recorded line during outgoing phone calls? or both? If so, Is there a specific disclaimer that is best for legality purposes?

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

Wow. I am surprised you had to ask this question in August 2020, what with all the calls being made to and from all kinds of banks, credit card companies, insurance companies, police departments and government agencies and many other entities that routinely tell people that the call is being... Read more »

1 Answer | Asked in Antitrust and Business Law for Florida on
Q: Would a decal saying “I record audio and video” work to avoid Florida’s wiretapping laws or would they even apply?

I live in Florida and drive for UberEats. Sometimes people approach my vehicle to pickup deliveries, but they never get in. I bought it as a precaution because I’ve had a couple near-miss collisions and issues with people harassing me when I deliver in low income areas.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 22, 2020

The law to which refer requires you to notify other parties to a conversation that you are recording it. So it should work, assuming that you make sure the sign is clearly visible.

1 Answer | Asked in Criminal Law, Employment Law, Banking and Business Law for Florida on
Q: I have an open case with the EEOC for wrongful termination. I have an employment attorney that I am working with,

however, I am being subjected to constant cyber attacks via my personal computer and my phone by my former employer. I am looking for an attorney to assist me with an injunction or a protection order...something to make them stop the attacks. Is this possible?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 17, 2020

If you are currently prosecuting an EEOC charge and have an employment lawyer assisting you then get off the Internet and call your lawyer. You CANNOT do what you think you want to do; and no Florida lawyer will help you anyway. You MUST report all of this to your employment lawyer.

1 Answer | Asked in Banking, Business Formation and Business Law for Florida on


Martin George Prego
Martin George Prego answered on Aug 17, 2020

Hello, based on the facts you described it is difficult to assess the situation. Banks under different laws, rules, and regulations have responsibilities to monitor, review, and act on customer's accounts to deter, detect, and report suspicious activities. During the review process, under... Read more »

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