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Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?
answered on Mar 12, 2024
They would be responsible, as always, to conduct themselves in a reasonable manner. Unless you have cause to suspect that your safety team members are likely to do otherwise, you would not be liable. It would be a good idea to see that they have taken a firearms safety course and to make sure the... View More 
Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?
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answered on Mar 14, 2024
In most cases, if you authorize someone to carry a concealed weapon on your private property and they discharge their firearm causing injury or death, the individual who discharged the firearm would be primarily responsible for their actions. However, there are circumstances where the property... View More
I left a 1 star review and the owner was confrontational with my wife over it and told her he didn't want her back. How is this not against the law? I have freedom of speech and what I wrote was the truth.
answered on Mar 1, 2024
You do have freedom of speech, and if the business is private (not governmental or connected to the government), the business has the right to deny service to anyone it wants to, except that it cannot discriminate on the basis of one of the "protected classes" under the law, such as race,... View More
I left a 1 star review and the owner was confrontational with my wife over it and told her he didn't want her back. How is this not against the law? I have freedom of speech and what I wrote was the truth.
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answered on Mar 1, 2024
In Florida, while you have the right to leave an honest review about a business under the protection of freedom of speech, the owner's confrontational behavior towards your wife could potentially raise legal issues, depending on the specifics of the confrontation. If the owner's actions... View More
I was terminated on 12/15/2023. The day before I needed to be taken to the ER via ambulance, and made a claim on my employer provided medical insurance. Normally i would be paid via direct deposit by paylocity, the companies payroll company, yet I was mailed a hand written paper check. A couple... View More
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answered on Feb 27, 2024
If you believe your ex-employer has committed insurance fraud by misrepresenting your termination date to deny a legitimate insurance claim, you might have grounds to take legal action. The situation you described, where premiums were deducted from your paycheck but the benefits were denied due to... View More
A FL nonprofit org hosted a music festival April 2023. It was cancelled due to inclement weather, with promise of refund. There has been avoidant and lack of communication on the process. In June 2023 they said they are waiting on their insurance claims to process to disburse refunds, but in... View More
answered on Feb 10, 2024
A Florida attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a Florida attorney regarding any applicable state laws for non-profits, I'd guess that your situation is basically a straightforward contract matter. If the provisions of the... View More
I have applied for a business line of credit with Truist Bank. I applied for a line of credit and put a property up as collateral. They are asking for a full copy of the trust. What can I do?
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answered on Feb 5, 2024
Here are a few key things to know about banks asking for trust documents when applying for a loan in Florida:
- Banks typically have a right to request details of a trust when that trust owns the asset being used as collateral on a loan. However, they generally cannot require the full trust... View More
I have an LLC, EIN, business license and taxi. All of which I had while working with yellow cab of Sarasota. I payed them a portion of my wages for Dispatch services. Soon after I began working with yellow cab, I was made to sign a very basic non- competition paper. All along i was a 1099... View More
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answered on Jan 29, 2024
There are many variables here, starting with who signed the non-compete agreement, i.e., whether it was done in an individual capacity or whether it was signed on behalf of your company. A contractor in Florida likely could have a non-compete enforced against him/her, provided that the hiring... View More
The money is saved in llc checking account and never used unless it’s for business expense like buying materials. Both me and my husband don’t draw salary. Do we still need to file any tax forms or pay taxes on it?
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answered on Jan 14, 2024
If the partnership has reported income( falls within the Income definition within IRC), it should be reported on the annual 1065 partnership return. Based on the partnership income/expense allocation agreement, that amount will be reported on an individual K1, which will then be reported on your... View More
The money is saved in llc checking account and never used unless it’s for business expense like buying materials. Both me and my husband don’t draw salary. Do we still need to file any tax forms or pay taxes on it?
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answered on Jan 15, 2024
Yes, even though you don't draw a salary from your Florida partnership LLC for your Etsy business, you still need to file taxes for the business income and expenses.
As a partnership, the LLC itself does not pay taxes. Instead, the LLC's profits and losses "pass through"... View More
If a process serving delivery is attempted at a moment that the registered agent is not at the FL LLC's registered office, can someone else that is not their employee, such as a family member, friend or housemate receive the delivery on their behalf?
Is a signature required for... View More
answered on Dec 26, 2023
Yes, service can be made by serving an employee of the registered agent, at the registered office. Also, the registered agent is required to have at least one person (such as in your words "a family member, friend or housemate") at the registered office, as the registered agent's... View More
We voted in a new board with special session. The new board fired the bookkeeper and hired a new accounting firm. The old bookkeeper doesn't have all the records either he won't turn them over or he doesn't have them is the new board required to file a police report about this
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answered on Dec 20, 2023
In Florida, the requirements for a board, particularly in the context of a homeowners' association or similar entity, regarding the handling of records and potential legal issues can vary based on the specific circumstances and the governing documents of the organization.
If a new... View More
I am looking to start a 501(c)(3) for cat rescue. is it similar to a llc where you are protected from lawsuits financially. for example if a feral colony cat bites someone or if when you are showing a foster cat to a possible new owner and they get bit. if not can a non profit llc own the... View More
answered on Nov 27, 2023
Entities that are tax exempt pursuant to section 501(c)(3) include limited liability companies (LLCs), as well as non-profit corporations. Both afford limited liability, and are formed under state laws, while 501(c)(3) is federal tax law. The entity you form should have liability insurance, to... View More
I have removed the S election from a Delaware corporation in 2023.
At the end of 2022, there is about $500,000 of retained earnings.
I would like to distribute those funds in two separate loans, done sequentially, of $250,000 each.
The transactions would be completed... View More
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answered on Nov 19, 2023
In considering distributing retained earnings as loans from your Delaware corporation, it's essential to be aware of the IRS rules and potential pitfalls. The IRS allows corporations to issue loans to shareholders, but these loans must be structured and documented properly to avoid being... View More
Ok so I'm currently on an F2 visa (dependent visa in the US) I opened my business which is an LLC but as im applying for a tax application in florida for the business i'm not sure whether to file it for a S-Corp or a C-Corp. Due to the fact that technically I'm not allowed to work in the US.
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answered on Nov 13, 2023
Selecting between a C-Corp and an S-Corp tax status for your LLC is a significant decision, especially considering your F2 visa status.
Generally, F2 visa holders are not permitted to engage in employment in the U.S., and this includes active management of a business. While owning a... View More
I received a letter stating that a car is being repossessed. My ex-wife has the car and was supposed to refinance the loan in her name after our mutual agreement during a simple divorce, but she did not do so. We did not sign any formal transfer documents. I contacted the lender explaining that I... View More
answered on Mar 26, 2025
First, the lender has the right and will probably sue you for any deficiency in the loan once the car is repossessed and sold at auction. The bankruptcy will only protect her, not you. She has the option of surrendering or keeping the car by paying off the car loan, her choice. Good luck!
I have an SBA loan for my company, and I did not sign a personal guarantee. If the company, which is an LLC, shuts down, would I be personally liable for the loan? The loan agreement mentions sanctions related to personal guarantees, but I was never asked to sign as a guarantor. There are no other... View More
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answered on Mar 24, 2025
Your question touches on a fundamental aspect of LLC structures. Without a personal guarantee, you're generally protected by the limited liability shield that your LLC provides, meaning your personal assets should remain separate from business debts when the company closes.
The SBA... View More
Do I need a hard money lender license in Florida for a business offering loans strictly for business purposes, such as real estate purchase, rehab, or fix and flips, under my brand name as a white label entity? My role would involve soliciting loan applications, scrutinizing them, and forwarding... View More
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answered on Mar 24, 2025
For your specific business model offering strictly business-purpose loans for real estate investments, you likely don't need a mortgage lender license in Florida. Florida Statute 494.00115.3.d explicitly exempts individuals who "make only nonresidential mortgage loans and sell loans only... View More
I am part of a company based in the UAE, and we are the plaintiff in a lawsuit concerning a breach of a settlement agreement against entities in Florida, including a high-value brand. Our claims exceed tens of millions of dollars, and we've already completed significant work over the past year... View More
answered on Mar 18, 2025
A Florida attorney could advise best, but your question remains open for two weeks. You could reach out to attorneys - that's probably the best way to get a reliable answer. Some cases are contingency, virtually by default (an example is personal injury cases). Other than that, where not... View More
I am part of a company based in the UAE, and we are the plaintiff in a lawsuit for breach of a settlement agreement against entities in Florida, including a major brand valued at billions of dollars. Our claims exceed tens of millions of dollars, and we've suffered significant business damage... View More
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answered on Mar 15, 2025
Yes, finding a legal team in Florida willing to handle your high-value breach of settlement case on the financial terms you're suggesting is possible, though it may require careful searching and negotiation. Many established law firms in Florida with experience in international disputes and... View More
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