All Florida Businesses registered with the Florida Department of State, Division of Corporations must file an annual report by May 1 of each year. The deadline for this year is coming up quickly and if payment is late a $400 penalty (that cannot be waived!) will be required to file the report (except for not for profits).

Some quick points about annual reports:

What is an annual report? The report is the annual filing made by business entities to confirm or update various information with the State of Florida including registered agent, officer(s), owner(s), and address(es).

What entities must file an annual report and what is the current fee? All of them—$150 for a profit corporation; $61.25 for a not for profit corporation; $138.75 for a limited liability company; and $500 for a limited partnership or limited liability limited partnership.

What happens if an annual report is not filed? In addition to the late fee imposed for late registration, failure to file an annual report by the 3rd Friday of September will result in the administrative dissolution of the business entity. Administratively dissolved entities may be reinstated by submitting the appropriate reinstatement application and the appropriate fees due this office at the time the entity applies for reinstatement. In addition, names of administratively dissolved or revoked business entities are made available to other parties after one calendar year.

Does an annual report need to be filed if the business entity has closed? No, but you should consider formally dissolving or withdrawing the entity.

What changes can be made in the annual report?

· add, delete, or change the names and/or addresses of the officers, directors, managers, managing members, and addresses only of general partners;

· change the registered agent and registered office address;

· change the principal office address and mailing address for the business entity;

· add or change a federal employer identification number.

Can I change the name of the entity when I file an annual report? No. You must file a separate amendment to change the name of your business entity.

What if I need to make a change to the information I provided when I filed the annual report? Corporations and LLC’s can file an amended report with the updated information.

How can I pay for my annual registration? Credit card, Sunbiz E-file account, or check/money order.

Are there any special requirements for not for profit corporations that solicit contributions? Yes, The Department of Agriculture and Consumer Services, Division of Consumer Services, is now responsible for administering the Solicitation of Contributions Act, chapter 496, Florida Statutes. The Solicitation of Contributions Act requires charitable organizations or sponsors intending to solicit contributions from the public in the State of Florida to annually register with the Division of Consumer Services. Failure to comply with this act is a third degree felony.

PLEASE NOTE:

FRAUDULENT FILING NOTICE: Pursuant to s.817.155, Florida Statutes, it is a 3rd Degree Felony to knowingly file a false document with the Division of Corporations.

FEES:

If the report is filed by May 1st:

· Profit Corporation Annual Report: $150 (+ $8.75 if certificate of status requested)

· Not for Profit Corporation Annual Report: $61.25 (+ $8.75 if certificate of status requested)

· Limited Liability Company Annual Report: $138.75 (+ $5.00 if certificate of status requested)

· Limited Partnership or Limited Liability Limited Partnership Annual Report: $500.00 (+ $8.75 if certificate of status requested)

After May 1st: An additional $400 late fee will apply to profit corporation, limited liability company, limited partnership and limited liability limited partnership annual reports filed after May 1st. Not for profit corporations are not subject to the $400 late fee.

Make check or money order payable to Florida Department of State.

If you need assistance filing your annual report or would like other legal advice regarding your business , please contact The Gordon Law Firm in Oldsmar, Florida.  We serve Clearwater, St. Petersburg, Pasco County, Tampa, and the entire Tampa Bay area.  We can help you understand your rights, seek justice and represent your needs. 

“Making the law work for you and your business”

Small claims court is subset of county court in the Florida court system that is for disputes that do not exceed $5,000 in damages (also known as the amount in controversy), excluding court costs, interest and/or attorney’s fees.  Small claims court has less formal and stringent rules than county court (amount in controversy is does not exceed $15,000) and circuit courts (amount in controversy exceeds $15,000).  The Small Claims Rules (pdf) serve to make the small claims court process simpler, speedier and more informal than the regular civil court process.  A basic goal of the small claims process is to enable any person or business to resolve their small civil disputes through the court system without having to go through formal and complex court procedures.

 Who may Bring a Claim (Sue) in Small Claims Court?

Any person eighteen (18) years of age or older may file a small claims lawsuit. A minor must have a parent or legal guardian file on his/her behalf.  A business, whether owned by an individual, a partnership or a corporation, may also file a lawsuit in small claims.

 Who Can Be Sued in Small Claims Court?

A claim can be brought against either an individual or a business.

 Where Must a Small Claims Suit be Filed?

Generally, small claims actions may be brought only in the county where the defendant resides, where the cause of action occurred, where the contract was entered into or where it requires enforcement, where a defendant resides, where payment is due, or where the property involved is located.

 When To Use Small Claims Court?

To seek the return of property, to recover money for vehicle damage related to auto accidents, to seek unpaid rent, to recover a security deposit, to recover damages to property, to receive payment for work done or services provided, to receive payment for goods sold, to recover money lent, to recover money owed from a promissory note, or various other causes.

 Is an Attorney Needed in Small Claims Court?

A lawyer is not required in small claims court.  However, court staff cannot provide legal advice or substantive assistance with a claim or other matters in a suit, so it can be very helpful to hire or consult with an attorney regarding the process, your rights, and claims/defenses.

 How Much Does it Cost to File a Lawsuit in Small Claims Court?

Filing fees for small claims actions are determined by law, and are subject to change. A current schedule of service charges is available on your local Clerk of Court’s office.  The filing fees vary depending on the amount of the claim.

Additional fees are required to serve the parties in the suit. A private process server can be hired to have the summons served or send it via certified mail.  If the Sheriff of another county is needed to serve the notice, the various requirements and the address to which the notice should be sent should be checked.  Certified mail service cannot be used as method of service outside the state of Florida.  However, a post office box, if it is within the State of Florida, can be used to serve via certified mail.

 Should I File a Claim in Small Claims Court?

This is a complicated question that can best be answered by consultation with an attorney licensed to practice law in Florida taking into account the various legal, business, and financial implications of a suit.

If you need assistance understanding your rights or simply wish to talk more about Small Claims Court, please contact The Gordon Law Firm in Oldsmar, Florida.  We offer services ranging from acting as an adviser to providing full representation in a Small Claims Matter.  The Gordon Law Firm serves all of Pinellas County including Clearwater and St. Petersburg, Pasco County, Tampa, and the entire Tampa Bay area.  

“Making the law work for you and your business”

Before I list the tips, there is one thing that you should do that is always important and helpful:

Prior to your very first meeting, compile every document (both on paper or electronically) that is related in any way to your legal concerns. For example, documents to look for (this list is not exclusive and each document is obviously not applicable to all situations):

• Contracts
• Traffic Citations
• Leases
• Mortgages
• Promissory Notes
• Letters or Emails from any other parties related to the matter
• Letters or Emails from an attorney related to the matter
• Lawsuits for the matter
• Lawsuits related to the matter
• Files from old or current cases related to the matter
• Condo or Home Owner Association Documents including Declarations, By-Laws, and the like
• Notices or Letters from Courts or other Governmental Bodies including the Department of Motor Vehicles, Department of State, Attorney General, Department of Agriculture, Business and Professional Regulation, or anything else from any governmental entity at any level
• Subpoenas
• Receipts, Bank Statements, Tax Returns, and other Financial Documents related to the matter
• Anything else related to the matter

Now, onto the tips:

1. 1. Don’t hesitate to ask questions (it’s your case and you have the right to know about it), but unless time sensitive, it may make sense to save all of them for one conversation or email (especially where you are being billed in tenths of an hour).
2. 2. Take notes on anything the attorney needs from you. Often you will be responsible for providing documents or responses to questions and if you have to call to ask about something you forgot, you may have to pay more in fees.
3. 3. Apart from the initial consultation (where you are looking for a good fit), don’t have conversations with your attorney that are not directly related to your case.  You may casually wind up in a social conversation with your attorney, but make sure to clarify either that it is off the clock or at least check your statement to make sure  that you weren’t charged for that time (it may be a little hard to tell, but if the legal part of your question was just a few minutes and the rest of the conversation took an hour, you should only be charged for the legal questions within the context of your particular billing arrangement).  If you are charged, it may just be an oversight by the attorney, so make sure to bring it to the attorney’s attention if you are concerned about it.
4. 4. Don’t hide the ball. Your attorney needs to know everything, no matter how bad—it is quite likely in litigation (or other matters) that the attorney will find out any information you fail to provide, and if your attorney does not find it out, the other side is all too happy to share damaging details.  When your attorney has to find out something from someone besides you, it almost always is going to cost you more – either directly through research or indirectly through damage control.  If you know something is a problem for your case, telling your attorney can give your attorney the opportunity to avoid it, minimize it, or at least plan for it.
5. 5. Timelines, statements, and narratives.  The more information you can give your attorney in writing, the less your attorney will need to write down and the less time your attorney will need to spend to reconstruct your situation.  Your attorney can use these tools as a reference for your case and minimize the need to follow-up with questions about details (which can get expensive).

All of these tips are just guidelines that may not always apply, but they are good to keep in mind as you work with your attorney.  Never be afraid to ask your attorney how you can save money on your legal bills.

If you need a second opinion regarding a legal matter or you have not yet contacted another lawyer and would like a free initial consultation about your situation, please contact The Gordon Law Firm in Oldsmar, Florida.  The Gordon Law Firm serves all of Pinellas County including Clearwater and St. Petersburg, Pasco County, Tampa, and the entire Tampa Bay area.  

“How much does it cost to hire a lawyer?” “How much will this cost?”  These questions usually come up right after “will I go to jail” or “what do you think my chances are of winning this case.”  While I will save jail and winning for other posts, I want to explain a little behind lawyer fees.  Knowing  what goes into the fee may help save you money.

I have many friends from out of state who have asked me about how much they should pay for an attorney.  My usual response: “it depends.”

I then go on to explain that an attorney’s fee is based on many factors, including:

• Location (for example, on average a New York City attorney will cost more than a small town attorney)
• Type of Services (complex commercial or securities litigation is likely going to cost more than a small eviction matter)
• Experience
• Competition
• Overhead (elaborate offices, large staff, etc.)
• Other

Understanding these factors usually makes my friend feel better about whatever situation they are in and also helps them understand that price is not everything.  Usually people say they want an affordable attorney—but what (really) does affordable mean.  Attorney Brian Tannebaum has a great post that, while focused on criminal defense attorneys, can apply across the board.  You can find the post HERE.

Some people will call around or try to meet with as many attorneys as possible to find the lowest price. While this strategy may be a good one for a car, it doesn’t always work for an attorney. Like many things in life, the most expensive isn’t always the best and of course, the converse is true as well. Sometimes you may want the most experienced attorney in the largest firm with the nicest offices, but you will likely have to pay much more than the local, small firm attorney with low-overhead.  For a complex, multi-national commercial litigation case the former type of attorney might make the most sense, but for a small contract dispute you may quickly spend more on your attorney than the amount over which you are fighting.

The best way to save money on the front-end is to make sure you find the attorney that best fits your specific needs.  This doesn’t mean the cheapest, it means making sure:

• your attorney can provide what you need without unnecessary excess (e.g. you can hire can hire “Perry Mason” to defend your traffic ticket, but is the extra cost of Perry needed for that matter)
• you are comfortable with your attorney (i.e. comfort can help communication which can create more focused, effective, and efficient representation)
• you aren’t pressured to hire the attorney. (i.e. don’t feel pressured to go with the first lawyer you speak with, you always have the right to go seek out other options and counsel)

If you need a second opinion regarding a legal matter or you have not yet contacted another lawyer and would like a free initial consultation about  your situation, please contact The Gordon Law Firm in Oldsmar, Florida.  The Gordon Law Firm serves all of Pinellas County including Clearwater and St. Petersburg, Pasco County, Tampa, and the entire Tampa Bay area.  

Effective August, 23, 2011, airlines will be required to refund any fee for carrying a bag if the bag is lost.  Airlines are already required to compensate passengers for reasonable expenses for loss, damage or delay in the carriage of passenger baggage.  Under the new rules, airlines must now prominently disclose all optional fees on their websites, including but not limited to fees for baggage, meals, canceling or changing reservations, or advanced or upgraded seating.

The new rules also double the amount of money passengers are eligible to be compensated for in the event they are involuntarily bumped from an oversold flight.  Previously, bumped passengers were entitled to cash compensation equal to the one-way value of their tickets, up to $400, if the airline was able to get them to their destination within a short period of time (within 1 to 2 hours of their originally scheduled arrival time for domestic flights and 1 to 4 hours for international flights).  If they were delayed for a lengthy period of time (more than two hours after their originally scheduled arrival time for domestic flights and 4 hours for international flights), they were entitled to double the one-way price of their tickets, up to $800.  Under the new rule, bumped passengers subject to short delays will receive compensation equal to double the one-way price of their tickets, up to $650, while those subject to longer delays would receive payments of four times the one-way value of their tickets, up to $1,300.  Inflation adjustments will be made to those compensation limits every two years.

The Department of Transportation’s new rule also expands the existing ban on lengthy tarmac delays to cover the international flights of foreign airlines at U.S. airports, and establishes a hard four-hour time limit on tarmac delays for all international flights at U.S. airports.  It also extends the three-hour tarmac delay limit for domestic flights, currently in place only at large-hub and medium-hub airports, to flights at small-hub and non-hub airports as well. All carriers subject to the tarmac rule will be required to report lengthy tarmac delays to DOT.  In all cases, exceptions to the time limits are allowed only for safety, security or air traffic control-related reasons.   Carriers must also ensure that passengers stuck on the tarmac are provided adequate food and water after two hours, as well as working lavatories and any necessary medical treatment.

Additional measures under the new rule will take effect January 24, 2012, including:

• Requiring all taxes and fees to be included in advertised fares.
• Banning post-purchase price increases.
• Allowing passengers to hold a reservation without payment, or to cancel it without penalty, for 24 hours after the reservation is made, if the reservation is made one week or more prior to a flight’s departure date.
• Requiring disclosure of baggage fees when passengers book a flight.
• Requiring that the same baggage allowances and fees apply throughout a passenger’s journey.
• Requiring disclosure of baggage fee information on e-ticket confirmations.
• Requiring prompt notification of delays of over 30 minutes, as well as cancellations and diversions.

The final rule, proposed rule and comments are available on the Internet at www.regulations.gov, docket DOT-OST-2010-0140.

If you need assistance understanding your rights or wish to file a complaint regarding your treatment from an airline, please contact The Gordon Law Firm in Oldsmar, Florida.  The Gordon Law Firm serves all of Pinellas County including Clearwater and St. Petersburg, Pasco County, Tampa, and the entire Tampa Bay area.  

While such preparations certainly are the most critical, if you have time (and ideally before the start of hurricane season) there are some other steps you can take to protect the legal and financial security of your family in the face of a potential threat.

1. Review Your Insurance Policies.  Make sure to read the terms of coverage as well as the dates of coverage to make sure there is no lapse.  Also, while many people have home insurance covered by escrow payments as part of a mortgage, it is quite common that flood or other optional insurance policies are not included.  Even if you pay for your own policy, floods (rising water damage) are not generally covered under standard homeowner policies. Though some may be required to have flood insurance, if you don’t, make sure to research it.  In particular, if you live in an area that is not high-risk, coverage can be very affordable and can give you peace of mind during stormy times. Also, don’t forget to have important phone numbers and contact information for your agent(s).

Flood Maps can be found HERE

Federal Emergency Management Agency (FEMA) Flood Insurance Information can be found HERE

2. Have Copies of All Important Documents. Make sure to have copies of all important legal or financial documents (not to mention personal documents or files such as photographs and letters).  Such documents may be critical to life immediately after the disaster. You can keep your documents (or stored computer data on a DVD or USB memory stick) in a safety deposit box, but remember that if a disaster area is sufficiently large or damaged, you may not get access to the bank for some time.  One other option is to scan them and either email to yourself or store online in data (cloud) storage.  However, make sure to properly secure any data you store online.

3. Home Inventory.  As part of insurance and copies of documents, it is important to document the items you own for keepsake and insurance purposes.  Anything you can do to prove to an insurance company will help you in justifying your claim—including photographs of items and sales receipts.

4. Plan Multiple Evacuation Routes. If it gets bad, your primary route may be congested, blocked, diverted, shut-down, or otherwise unavailable.  If possible, make sure to have more than one way out of “dodge.”

5. Don’t forget about pets. Many hurricane shelters do not allow pets, so make sure to make plans for these members of your family.

6. Watch Out for Price Gouging.  Under Florida Statute 501.160: during a state of emergency, it is unlawful to sell, lease, offer to sell, or offer for lease essential commodities, dwelling units, or self-storage facilities for an amount that grossly exceeds the average price for that commodity during the 30 days before the declaration of the state of emergency, unless the seller can justifying the price by showing increases in its prices or market trends. Examples of necessary commodities are food, ice, gas, and lumber.

The law only covers essentials and gouging is determined by comparing the reported price of the commodity or service during the state of emergency to the average price charged over the 30-day period prior to the declared state of emergency. If there is a “gross disparity” between the prior price and the current charge, it is considered price gouging.

If you suspect price gouging, there may not be much you can do in the immediacy of a hurricane or natural disaster.  However, you may still want to  obtain as much information as possible in the form of estimates, invoices, receipts or bills to report the violator to the authorities. When comparing products, note as much information as possible, including the product name, size or quantity, manufacturer, item number and unit price. For lumber products, note the grade, thickness and quality. If it is a service such as storage or towing, note the per-mile (or other distance) charge, removal charges, per-day storage charges and other charges such as security, clean up or other “add-ons.” Report this information to the Attorney General’s Price Gouging Hotline at 1-866-966-7226. You may also report violations online at http://myfloridalegal.com or mail documents to the following address:

Office of the Attorney General
The Capitol, PL-01
Tallahassee, FL 32399-1050

Please remember to include your name, the name of the company or individual, and a complaint number, if you received one.

UPDATE: This is a link to a great article that covers the basics of preparation, and also has some good technical information on backing up and protecting your data.

If you need assistance reviewing your insurance policies, updating or securing your important documents, or you are the victim of price gouging, please contact The Gordon Law Firm in Oldsmar, Florida.  The Gordon Law Firm serves all of Pinellas County including Clearwater and St. Petersburg, Pasco County, Tampa, and the entire Tampa Bay area.  The Gordon Law Firm can help you understand your rights and seek justice or represent your needs to the authorities regarding those who may have taken advantage of you in a time of need.

1. The case has to be dropped because the police illegally searched me, my car, or my house.  FALSE: An illegal search can definitely be a good argument to make in a criminal defense case, but it does not automatically equally a dismissal of the charges. 
2. If the prosecutors don’t have DNA or video, I can’t get convicted.  FALSE:  While it is certainly easier to be convicted when such evidence is used, the lack of such evidence does not mean that someone cannot be convicted.  With CSI and other law shows on TV, many people have come to think that such evidence is required and is done in every case.  This is simply not true—in many instances, particularly misdemeanors, it just isn’t cost-effective and in other instances video doesn’t exist and DNA isn’t applicable.  Though not as glamorous confessions, eye-witness statements/identifications and documents are all evidence that can be (and often are) more than legally sufficient to support a conviction. 
3. If I sign a traffic ticket, it means that I am admitting my guilt.  FALSE: While different states have different laws regarding this issue, Florida law requires a person to sign a traffic ticket.  A willful refusal to sign a summons is a second degree misdemeanor and quite possibly result in being arrested on the spot.  Signing the ticket only serves as a promise to appear and receipt of the citation—it does not admit guilt, nor can guilt be inferred by signing the citation (also known as a summons). 
4. A victim can refuse to “press charges” or have charges “dropped” at any time. FALSE: In most jurisdictions, these decisions regarding formal charges are within the sole discretion of the prosecutor. While a victim can give input to the prosecutor or even the judge, the prosecution is generally not bound to follow such wishes. Moreover, once the police are called and a report is drafted, the files will almost certainly be forwarded to the prosecutor to decide whether or not to file formal charges.
5. I have the right to call an attorney before I do Field Sobriety Tests/Exercises or before I blow or give a breath test. FALSE: You don’t. 

If you have run across any of these situations (or any other criminal or traffic matter) and need legal assistance in Oldsmar, Clearwater, Westchase, Pinellas County, Pasco County, Hillsborough County, or anywhere in Florida, please call The Gordon Law Firm to see if we can help. 

One question in this debate is whether the information in your head is analogous to a key to a safe-deposit box. Courts have required such keys to be turned over in the past, so the government argues that a passphrase or password is the same and therefore no protections should be afforded. While prosecutors in the case say they don’t actually need or want the password, they do want to force the defendant to enter it into the computer so that the government can have access to the files on the computer.

Of course, being forced to turn over your password sounds objectionable to our common sense, but there may also be legal and Constitutional concerns as well. One of the primary arguments being raised by Fricosu’s attorney is that criminal defendants can’t be required to assist the government in the decryption, decoding, or interpreting their files. This argument is based on the Fifth Amendment of the United States Constitution which  provides various protections, including the commonly known right against self-incrimination (as stated in the 5th Amendment: “nor shall [any person] be compelled in any criminal case to be a witness against himself”).  The United States Supreme Court has interpreted to rule to mean that generally a person cannot be compelled to provide testimonial communications that are incriminating.

This case obviously raises numerous philosophical issues about what the government can and should do, but the legal implications are equally as important. Whatever decision is reached by the Court may have far-reaching and long-lasting effects on technology and computer security in the court system and elsewhere. If you are in Pinellas, Pasco, Hillsborough, or anywhere in Florida and have concerns about how this case could affect you or your business, please contact attorney Brent Gordon at The Gordon Law Firm, P.A. in Oldsmar, Florida.

1. Don’t access websites that contain confidential information.
2. If you have to login to any accounts or websites (even unimportant ones), make sure that the usernames and passwords are not the same as other accounts.
   
   That way, if a hacker gets your username and password at least they won’t be able to access other accounts.
3. Use a virtual private network (VPN).  This is a little more technical, but you can read about one such VPN here.
4. Turn off your wireless network when you know you won’t use it.
5. Use a firewall and anti-virus software.
6. Use strong passwords.
7. Before entering any personal info on a site, check to be sure it’s secure. Look for https:// in the address bar, along with an icon indicating that VeriSign or another independent party has certified the site as secure.
8. If you connect to a hotspot or wi-fi access point, make sure it is legitimate.  If you aren’t sure, make sure to ask an employee or other official for the correct network name.
9. Get a mobile broadband card, hotspot, or other connection device.  This is a more costly option, but it can be more secure than the average public hotspot and has the added benefit of being able to be use in other locations even where wi-fi isn’t present.

It is important to know that there are no guaranties when it comes to staying safe and secure online, but using the above can help you stay a little safer.   If you are in Pinellas, Pasco, Hillsborough, or anywhere in Florida and have concerns about how the legal implications of cyber-security could affect you or your business, please contact attorney Brent Gordon at The Gordon Law Firm, P.A. in Oldsmar, Florida.

If you have specific questions about the tax implications, make sure to talk to your accountant. However, for those of us that track mileage this is certainly a positive. If you want to read the actual IRS bulletin, this is a good one to choose. Unlike many IRS publications, this is actually pretty short and readable so click here.  Here is a copy of the chart showing the other changes: