Lawyers, Answer Questions  & Get Points Log In
Florida Business Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for Florida on
Q: Can a 617 Board Member Post about the Affairs Of the Corporation on a Website That Is Not Administered By the Board

Former and Current Board Members Are Posting on Web Sites [NOT ADMINISTERED BY THE BOARD] about the Corporation Internal Affairs, Including, but Not Limited to []- NEXTDOOR []- ORLANDO TRILOGY RESIDENTS (CASCADES/GROVELAND RESIDENTS, PAST AND PRESENT) []- OFFICIAL CASCADES OF GROVELAND RESIDENTS... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 29, 2023

Interesting issue, which I don't have expertise in, but my somewhat-educated guess is: Regarding the issue of disclosure itself, without regard to whether it causes damage to the corporation, the answer to your question may depend on whether your corporation has a written confidentiality... View More

1 Answer | Asked in Tax Law and Business Law for Florida on
Q: Is it safe to give Stripe your Social security Number? Do I have to Pay taxes if I make no revenue?

Is it safe to give Stripe your Social security Number? In order for me to create an account with Stripe, I need to give it the last four digits of my ssn.

Back story I'm a minor wanting to start a business in Florida where you pick up dog poop from peoples' yards. I created a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 20, 2023

Florida doesn't have income taxes. The U.S. government does. I suggest you go to irs.gov, download a form 1040, and the instructions for that form. After reviewing those documents, you should have a better idea of how income tax works.

And no, if you make no money at all, you...
View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: Hi, if it takes up 8 weeks for my LLC to be processed by the state of florida do I have to wait until then to operate?
Keith Kanouse
Keith Kanouse
answered on Jan 5, 2023

My experience with filing Articles of Organization via e-fax is it becoming effective the next business day. I have never had to wait 8 weeks. When you file the Articles of Organization specify an effective date 5 business days before the filing date. See Section 605.0702 of the Florida Statutes.

1 Answer | Asked in Business Law for Florida on
Q: Can I get a company in trouble for airdropping me their clients homeowners insurance information?

A company sent me someone’s homeowners insurance paperwork through airdrop. I work in the building next to them. It has the homeowner’s name’s and addresses on the first page. It’s four pages worth of information

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2022

A normal procedure for someone who was an unintended recipient of information is to contact the sender so they can resend it to the correct person, and to destroy the information received. Best regards.

2 Answers | Asked in Contracts and Business Law for Florida on
Q: what is it called when the seller of a company works with the purchasers manager to take back the company?

I purchased a taxi dispatch service in April 2022 for $8000 down and $3000 a month until $80,000 is paid in full. The manager of my company started working with the seller to underhandedly take back the company. THe manager quit on Dec 1 and text all my clients offering lower rates. He then... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2022

The way you describe the facts, I'd call it a crime, which should be reported to the police (plus you'd have various civil causes of action, meaning grounds for a lawsuit). However, if you got into some kind of dispute with the seller and/or manager, they might have a completely different... View More

View More Answers

1 Answer | Asked in Business Law, Contracts and Small Claims for Florida on
Q: How can I file with small claims in Puerto Rico? I live in Florida. (and is it worth it?)

A graphics design client is refusing to pay after receiving and utilizing goods. Invoices have been sent, due dates have passed, attempts at communicating are met with hostility. Total is $500, prior to waiving $200 worth of additional project fees in an effort to encourage payment.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 13, 2022

Assuming Puerto Rico has some sort of small claims procedure, you could contact an attorney there for the purpose of suing the client in Puerto Rico. Or, depending on circumstances, you might be able to sue in Florida.

1 Answer | Asked in Business Law and Contracts for Florida on
Q: Can a contractee void a contract (and not pay) after work is performed because I refuse to comply with "due dilligence"?

I recently performed service work for a company. The contract can be voided at any time by any party. There was no requirement to provide previous proof of work. They performed KYC and I passed without any issue.

I completed my contractually required work. Just as I was finishing, the... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 9, 2022

It sounds like you may very well have a valid cause of action for breach of contract, unjust enrichment and/or quantum meruit. You are most likely owed the value of the work you performed. You should set up a consultation with an attorney who handles breach of contract disputes, present the... View More

2 Answers | Asked in Consumer Law, Real Estate Law and Business Law for Florida on
Q: My HOA is charging me a convenience fee for paying my HOA dues. They don't offer any free options. Is this legal?

They offer two payment methods online; pay by credit card or pay with bank account. Both options charge a convenience fee. They do not offer any other way to pay the dues. My understanding is that the convenience fee is only charged as a convenience alternative to a standard method of payment.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 3, 2022

If you mail a check they have to accept it. They cannot legally refuse any form of legal tender. The problem you might face is proving they received the payment. They cannot require only online payment but if they provide for online payment they can charge a convenience fee.

View More Answers

2 Answers | Asked in Business Law for Florida on
Q: business in Florida while living in Connecticut. Defaulted on business loan. Sign guarentee which state laws do I go by
Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2022

It is likely the lender may institute a cause of action against you individually (personal guarantee) and has a choice of bringing a suit in either state. If your loan does not provide for a choice of law provision (unlikely, read your loan agreement) then the law of the state where the suit will... View More

View More Answers

1 Answer | Asked in Business Formation, Business Law and Contracts for Florida on
Q: Is a verbal agreement to partnership in a business enforceable in regards to opening a business?

A business agreement was drawn up with an LLC but not signed.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 28, 2022

Florida law recognizes oral agreements in some situations- its the duration of the agreement more so than the nature of the agreement. However, in order for an oral agreement to bind, a court would have to determine that both parties acknowledge that there was an agreement made (meeting of the... View More

1 Answer | Asked in Contracts and Business Law for Florida on
Q: How can I write up a teaching contract for my business?

I have a dance company and I teach private classes at people's houses. I want to create a contract where I can stipulate time, payment and regulations

Michael  Mayoral
Michael Mayoral
answered on Oct 26, 2022

It is generally not advisable for you to draft your own contract if you want it to be legally enforceable. You can run into problems if the parties obligations are not adequately established by the language of the contracts. If you intend to run the business for a significant amount of time, it... View More

1 Answer | Asked in Contracts and Business Law for Florida on
Q: As a designer, can I write in contract that client is responsible for my lawyer fees if they try to take me to court?

As a freelance graphic designer is it okay for me to write in my contract that the client will be responsible for any fees or lawyers that come from them suing me?

Michael  Mayoral
Michael Mayoral
answered on Oct 26, 2022

Yes, you absolutely can. However, be aware that under Fla. Stat. 57.105(7):

"(7) If a contract contains a provision allowing attorney’s fees to a party when he or she is required to take any action to enforce the contract, the court may also allow reasonable attorney’s fees to...
View More

2 Answers | Asked in Contracts, Tax Law, Business Law and Intellectual Property for Florida on
Q: We created a computer program that buys and sells Forex. We'd like to make sure we're legally following procedures.

We would like to take on clients to split the funds that the program makes from the buys/sells, but we want to be sure we do it the right way, legally and for tax reasons. We are researching resources to make sure we do this properly.

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2022

You might be considered a financial institution for purposes of US regulations. Since this app would have an online presence and an international reach, you'd need to ask this question in every jurisdiction where you process payments. it is likely you'll need more than one type of lawyer... View More

View More Answers

1 Answer | Asked in Banking, Business Law and Consumer Law for Florida on
Q: Can a company issue a refund for a disputed charge and then after the refund is received, make a new charge for it?

I received a refund for a disputed charge and then without warning or them contacting me in anyway, they posted a new charge for that amount. Keep in mind I waited a few months before I touched the refund, I was worried that it was just a provisional amount so I waited their processing time, and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2024

It is generally not appropriate for a company to issue a refund for a disputed charge and then make a new charge for the same amount without prior notice or agreement from the customer. This practice could be seen as deceptive and may violate consumer protection laws.

However, there are...
View More

1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for Florida on
Q: Can I sue Public Storage for ceiling falling down, dead rats and rats eaten threw boxes and throw the belongings out?

My sister had passed away and was paying for storage for 10 years or so. She use to live in Orlando, Florida and moved back to New York. She had two units still in Florida. I had asked my niece and her boyfriend who lived in Orlando, Florida if they can clean out the unit for me since I live in... View More

Linda Liang
Linda Liang
answered on Apr 7, 2024

Your question is whether you have a valid claim against the storage place if you have to sue. The direct answer is yes. It seems that the service is below the bar of the industry. For that, they should be responsible for cleaning and loss of items.

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

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.

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.