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Florida Business Law Questions & Answers
1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Florida on
Q: Me and my business partner own a bar together. She changed the password to our cameras and removed me from the account.

Is she allowed to do this while we both own the bar? She did it for personal reasons. A bad break up.

Charles M.  Baron
Charles M. Baron
answered on Dec 20, 2024

No, unless you had an agreement providing she has exclusive rights to do whatever she did. In any event, if you are getting a business divorce, consult a lawyer who handles business formation and dissolution issues.

1 Answer | Asked in Business Law and Real Estate Law for Florida on
Q: Vacation Rental Management without real estate license in Florida?

I want to buy a Vacation Rental Management Company in Florida, that means, I would have several vacation rentals from owners all over the world in my portfolio. For a monthly fee I would take care of all business around a rental for the owner, which means listing the properties on platforms, write... View More

Erik A. Perez
Erik A. Perez
answered on Dec 11, 2024

Yes, you generally need a real estate license from FREC to manage other peoples property and make a commission. There are a few exceptions, I would need more information to see if they apply.

1 Answer | Asked in Family Law and Business Law for Florida on
Q: Hello, I’m in Florida and have been on a family cell plan that i paid all of 2024 in advance to my mother. I use this

Phone and phone number for all of my business dealings and we got into a fight and she shut off my cell phone service. This is something that I’ve already paid for in advance and can damage my business and will force me to get a new phone number and change everything in relation to my business.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 22, 2024

Generally, you can sue anyone for anything; however, that does not mean that it is a wise decision. My best advice is to get a new phone number and/or see if you can transfer the phone number. You need to disengage with someone who can affect your business like this. Speak with a local lawyer for... View More

1 Answer | Asked in Contracts, Employment Law and Business Law for Florida on
Q: What can i do for a contract and work issues, because me and my wife got pregnant

Me and my wife have a business issue with our partners.

We purchased 25% stack from a company and we work there too, we get 1099 for paychecks, W2 from the company, and dividend in wire transfer.

We get pregnant and now the other partners say we break the contract and they dont... View More

Linda Liang
Linda Liang
answered on Nov 14, 2024

This does not make sense. Dividends are profit shares disturbed to investors. I can't imagine how pregnancy relates to an investor's entitlement to profit share. You need an attorney to tell them that it is a breach of an investment agreement if they fail to pay you, and there will be... View More

1 Answer | Asked in Business Formation, Business Law, Internet Law and Trademark for Florida on
Q: Is a fictitious name registration required for Florida LLC's when they only use it for marketing?

I just registered an LLC in florida which has a different name than the name of my website. Do I have to register a fictitous name for that website name, even though I'm not using it for any formal business interactions like contracts and banking?

the website name is only used for... View More

James L. Arrasmith
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answered on Oct 25, 2024

Yes, in Florida, if you operate your LLC under a name different from its official registered name, you generally need to register a fictitious name. This applies even if the alternate name is only used for marketing, branding, or displayed in your logo. Registering ensures that the public is aware... View More

1 Answer | Asked in Business Law, Civil Litigation, Personal Injury and Civil Rights for Florida on
Q: Business roped off the entire sidewalk and parking places on street while waiting to work on roof.

Pedestrians now must walk in road in traffic path, as even the curb areas are roped off. This is downtown. I called to see how long they anticipate the sidewalk being inaccessible and they told me however long it takes them and to just walk around it (in street with 30 mph speed limit and stuff... View More

James L. Arrasmith
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answered on Oct 21, 2024

It's frustrating when sidewalk access is blocked without clear timelines. Typically, businesses need permits from the city to restrict public pathways, and these permits usually have time limits. If the work hasn't started or is taking excessively long, it might violate local regulations.... View More

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

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