Can someone who is not an American citizen, or a resident of the U.S., form a corporation or LLC in Florida or any other state? The answer is yes. There is no requirement that the owners of an entity registered in the U.S. are American citizens or residents of this country. However, all U.S. registered […]
Widerman Malek Law Blog
According to the FBI, Business Email Compromise (BEC for short, or CEO/CFO impersonation fraud) have caused at least USD 3.1 billion in total losses to over 22,000 enterprises around the world. The FBI defines BEC as a sophisticated email scam that targets businesses working with foreign partners that regularly perform overseas wire transfer payments. The […]
Corporate dress codes are coming under scrutiny by the U.S. Equal Employment Opportunity Commission (EEOC) for religious discrimination. In August of 2012, former Disney employee, Imane Boudlal sued Disney after being told she could not wear her hijab to work and just recently a Kentucky Fried Chicken former employee sued the franchise that dismissed her […]
What are the consequences of violating the Sunshine Law?
Violations of Florida’s Sunshine Law can bring stiff and far reaching consequences, some of which are not just against the board members, commissioners, etc. involved. For starters, there can be criminal penalties. If a board member, commissioner, etc. knowingly violates the Sunshine Law, the individual is likely guilty of a second degree misdemeanor, which can include 60 days of imprisonment and a fine of up to $500.
Misconceptions about the Sunshine Law<\strong>
There are several misconceptions about Florida’s Sunshine Law that I would like to address in this third installment. One of the largest that I believe is slowly getting recognized and understood is the right to participate or comment in meetings falling under the requirements of Chapter 286, Florida Statutes.
Who and what does the Florida Sunshine Law cover?
Florida’s Sunshine Law promotes the state’s policy towards open government. In fact, it is required by Article I, Section 24 of the Florida Constitution. Does the open policy apply to every government entity in Florida, does it apply to all members of the government, its agencies, etc., and does it cover every type of meeting? The Sunshine Law applies to “any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision.” Section 286.011, Florida Statutes. Notice that the Sunshine Law applies to state, county, municipal or political subdivisions; it does not apply to federal agencies or federal entities of any type.
Is your agreement binding and enforceable?
One question that has to be answered in nearly every breach of contract case is was there a contract or was there an agreement? Although this sounds simple enough, and often times it is, there are several different types of agreements and in Florida, there are several ways to make an agreement, modify an agreement, or make a counter-offer and you may not even realize you have done it. Black’s Law Dictionary has several definitions for a contract, and lists numerous types of contracts, but the basic definition is “[a]n agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law.”
As discussed in my previous blog, mediation is a process where both parties come together in front of a neutral third person, either a private mediator or a Supreme Court approved court mediator, and try to resolve their case and reach a fair result. But what exactly happens in mediation? Whether you are participating in […]
There are lots of different types of business entities. Each has its own strengths and weaknesses. I’ll begin with a primer on the types of business organizations from which you have to choose. In Florida, a “business entity” means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts […]