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Florida Business Law Questions & Answers
1 Answer | Asked in Business Law for Florida on
Q: What license(s) would I need if I were to create a budget app (business) like mint.com and/or monarchmoney.com?

This is for the business (not the app per se). For example, FINRA licenses, securities licenses, etc. This business would not distribute or take money for securities. Nor would it offer any debt holding like a bank or credit card. It's strictly for a person (user) to look at all their income... View More

Erik A. Perez
Erik A. Perez
answered on Sep 26, 2024

I do not believe there is any license needed to create an app. If you intend on creating a business from the app, you will need to register with the Department of State and obtain a tax ID number.

1 Answer | Asked in Business Law, Employment Law and Sexual Harassment for Florida on
Q: Hello I am currently about to go into litigation for my sexual harassment case against my former emloyer

Since the lawsuit has been filed in Florida state court can my former small business employer (over 50 employees but under 100 employees) have my case dismissed if he went out of business and is now doing business under a different LLC and a different owner?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 8, 2024

No, the former employer can't have your case dismissed simply because he is no longer doing business as before.

2 Answers | Asked in Consumer Law, Tax Law, Banking and Business Law for Florida on
Q: I have a client that wants to ask for 100k financial, buy my product for 70k, and wants me to retunrn to him 30k.

Not legal right? Which are the laws I can show him that this is not compliance?

Tim Akpinar
Tim Akpinar
answered on Sep 12, 2024

Depending on the intent with which it would be done, it could be ordinary common law fraud - which could involve numerous state statutes, depending on context, industry, and other factors. Good luck

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1 Answer | Asked in Contracts, Tax Law, Business Law and Mergers & Acquisitions for Florida on
Q: Buying an LLC - how do I protect myself from lawsuits for issues prior to the purchase? Am I liable for unfilled taxes?
James L. Arrasmith
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answered on Jul 31, 2024

When buying an LLC, it's important to conduct thorough due diligence to uncover any potential liabilities, including lawsuits and unpaid taxes. Start by reviewing the company's financial records, contracts, and any ongoing or past litigation. It's wise to hire a legal professional to... View More

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: How much does it cost for necessary paperwork to be able to operate a food trailer in Palm Beach Florida?

What would an attorney charge me to aquire lisence/permits for food trailer?

Jennifer Newton
Jennifer Newton
answered on Jul 15, 2024

The costs involved for the required licenses and permits can vary depending on several factors, such as specific local regulations and the type of food services you plan to offer. To provide you with an accurate estimate, we recommend scheduling a consultation with an experienced attorney.

1 Answer | Asked in Business Law for Florida on
Q: can a lawsuit be brought to a company based in england?
Tim Akpinar
Tim Akpinar
answered on Jun 4, 2024

A Florida attorney could advise best, but your question remains open for a week. If there is a valid basis for a lawsuit, a lawsuit probably could be filed. The big question could be where. In the UK might be a natural guess. However, it would help to know more about the company's operations,... View More

1 Answer | Asked in Consumer Law, Contracts and Business Law for Florida on
Q: I live in Brevard County, Florida. I'm married. My wife is in the Brevard County Jail waiting a trial date.

There is also an Injunction against her. She can't come near me, or our home, or our car for five years. She and I are joint owners of the car. I need to sell, or trade it, but the Injunction clearly states that we can have no connection of any kind during the period of the Injunction. So, as... View More

Linda Liang
Linda Liang
answered on May 7, 2024

Have you thought of hiring an attorney to talk to her? Also, I do not think while she is not allowed to approach you, you going near her is considered violation.

1 Answer | Asked in Business Law and Civil Litigation for Florida on
Q: Can I file a writ of replevin to recover property that does not have a title? For example, electronic equipment ?
Charles M.  Baron
Charles M. Baron
answered on May 5, 2024

Sure, if you can prove ownership. Examples: proof of purchase, photo of it being in your possession, credible witness testimony.

1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Civil Rights for Florida on
Q: Is a civil suit viable? HOA deleted surveillance video I asked them to save. It would have proved my son was innocent.

We pay monthly HOA fees for amenities, which include security via video surveillance. My son is facing criminal charges and the events that occured were caught on these cameras. This footage would prove the allegations are false. I emailed the HOA asking them to save it. No response. I also went... View More

James L. Arrasmith
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answered on Mar 26, 2024

In situations where evidence crucial for legal defense is destroyed or deleted, especially after a request has been made to preserve it, you might have grounds for a civil case. This would particularly apply if the deletion of the surveillance video directly impacts a legal proceeding, such as... View More

1 Answer | Asked in Employment Law, Business Law, Constitutional Law and Employment Discrimination for Florida on
Q: The person who interviewed me for a position ended up being the person who accepted the position. She never disclosed it

I interviewed for a position at a company in Florida. The person who interviewed me later in the process that they had decided to hire someone internal to fill the position. She accidentally accepted my LinkedIn request and 2 months after I interviewed she changed her position to state that she had... View More

James L. Arrasmith
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answered on Mar 10, 2024

While the situation you described may be unethical and unprofessional, it is not illegal.

1 Answer | Asked in Contracts, Employment Law, Business Law and Employment Discrimination for Florida on
Q: Is a person who receives a 1099 as an independent contractor. Liable For non compete by law? I did sign one

I had my own LLC while working for the company.

In question also own my own vehicle. It is a taxi driving job. I have my own car and my own business license. Period I just paid them part of my wages for dispatch services that's it

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2024

Yes, if you signed a non-compete agreement, your LLC would be precluded from competing with the other party.

2 Answers | Asked in Business Law for Florida on
Q: Hey, I work for a company that transports stuff and one of our drivers hit a bridge that was 2 feet small than are truck

I got told the state was gonna sue are company. Jest wondering if They could

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 8, 2023

Certainly the state can sue your company. The company should notify its insurance carrier, if it hasn't already.

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1 Answer | Asked in Business Law and Civil Litigation for Florida on
Q: If a company declares that their debt to you is fraudulent, can they stop paying you? The note personally held

Delaware law applies in this situation. The promissory note is held personally. This promissory note is from a purchase of a business and the buyer claims that the deal was fraudulent. Can they just stop paying you even though they have not proven that the purchase is fraudulent?

Charles M.  Baron
Charles M. Baron
answered on Nov 19, 2023

If Delaware law applies, you must direct your question to Delaware attorneys. You instead directed your question to Florida.

1 Answer | Asked in Business Law and Gov & Administrative Law for Florida on
Q: What permits or licenses do I need in the state or Florida to sell candy under my own brand state to state online ?
Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Nov 3, 2023

Depending on the exact details of your business plan, you may need a Food Permit from the state Department of Agriculture, plus other basic permits and licenses for the establishment of a business such as a city and county business tax receipt. You may also want consider what type of business... View More

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Do I need to register my small business as a sole proprietorship if it has my legal first name in the name?

My name is Janina G., my small business name is ‘janinasdiycrafts’. I currently sell handmade goods as a hobby, I haven’t made enough money to register it as a business. (Still in the hobby tax bracket) my questions is do I need to register it as a sole proprietorship in Florida since it’s... View More

Keith Kanouse
Keith Kanouse
answered on Oct 17, 2023

There is no registration with the Florida Secretary of State's Office for a sole proprietorship. However, since you are doing business other than your own name you need to comply with Florida's Fictious Name Statute.

In Florida, Section 865.09 of the Florida Statutes requires the...
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1 Answer | Asked in Business Law for Florida on
Q: Nonprofit association which is filed under 617 in Florida doesn't comply with my request to inspect records.

As a member in good standing, I have formally requested an inspection of records statute 617.1602 and the organization has not complied with my request. I am looking for proof of elections and all financial records. In addition to that, annual filings are filed under chapter 617 which the president... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 16, 2023

It would be up to you to go to court to enforce your right to see records under Florida Statute 617.1602.

1 Answer | Asked in Consumer Law and Business Law for Florida on
Q: I’m having an issue with MoneyGram.

Hello

I transferred $1016 from the US to my fiancé in Ukraine on October 6th.

The transfer usually takes between few minutes to few hours to be completed.

However, this time, the transfer hasn’t reached the receiver till this day.

I called MoneyGram on the day of... View More

Jane Kim
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answered on Oct 14, 2023

Sorry to hear that. I believe the way MoneyGram works is local location in Ukraine has to have US cash on hand and they portably don't or the local place stole it. They must've tracked the transfer by now, and still no money. Try to stay on top of it and get a refund here. If not, your... View More

1 Answer | Asked in Consumer Law and Business Law for Florida on
Q: Under Title 33 chapter 501.021 is placing door hangers considered soliciting?

The door hangers in question only advertise a free inspection and not any of the paid services that I offer.

Sometimes I find doors with "no soliciting" signs on them and I want to make sure that I'm not doing anything illegal by placing a door hanger on said door.

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2023

A Florida attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney, it's best to avoid leaving anything at such residences or businesses. The sign usually means they want nothing in the form of materials, whatever the... View More

1 Answer | Asked in Contracts and Business Law for Florida on
Q: Need to draft a business partnership dissolution agreement with indemnity from all claims

Have a partnership in a business where I am 30% partner. My husband and I are guarantors on a retail location lease. We need to dissolve the partnership and draft an agreement which indemnifies us from any lease obligations.

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2023

A Florida attorney could advise best, but your question remains open for two weeks. Attorneys would probably want to discuss in further detail. Aside from your own searches, there is a tab above, "Find a Lawyer," as well as referral sections in state and local bar associations. Those... View More

1 Answer | Asked in Business Law and Gov & Administrative Law for Florida on
Q: Could I open a talent agency in Florida with no licence to represent myself, my son and a friend?
Phillip William Gunthert
Phillip William Gunthert
answered on Oct 10, 2023

You can find your answer in the Florida Statutes as listed below. You can do it for yourself and son, it does not appear that you can represent the friend until you get properly licensed.

468.403 License requirements.—

(1) A person may not own, operate, solicit business, or...
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