Incorporation Information

WHO:  All corporations must be registered in compliance withFlorida statutes.

WHERE:  All Florida Counties

Department of State
Division of Corporations
Clifton Building
2661 Executive Center Cir.
Tallahassee, FL 32301
Phone: (850) 245-6051
www.sunbiz.org

For Express Mail:
P.O. Box 6327
Tallahassee, FL 32314

FEE:  TheFlorida incorporation fee for both for-profit and non-profit corporations is $70, which includes a $35 filing fee and $35 for recording a registered agent.  An optional certified copy of incorporation documents is available for $8.75 (for the first 8 pages and $1 for each additional page, not to exceed $52.50).  In addition, an annual report is required of every corporation on or before May 1 each year.  The annual reporting fee is $150.  If filed after May 1, the annual reporting fee is $550.  If the annual report and fee are not paid by September 1, the corporation is dissolved and the reinstatement fee is $600.

COMMENT:  Sound legal advice in incorporating a business is invaluable.  The cost of incorporating including legal fees, corporate kit, filing fees, etc., will range from $500-$1,000. Florida corporations must file a Florida State Income Tax form yearly, due the first day of the fourth month following the close of their fiscal year.  Name availability and all necessary forms can be obtained via the web site.

Fictitious Name Act

WHO:  Anyone planning to open a new business as a sole proprietorship or partnership using a name other than his or her own legal name must register the name.  Any corporation doing business under a name other than the corporate name must register the other name.

WHERE:  All Florida counties

Department of State                                    For Express Mail:

Division of Corporations                            P.O. Box6327

CliftonBuilding                                          Tallahassee,FL32314

2661 Executive Center Cir.

Tallahassee,FL32314

Phone: (850) 245-6500                               www.sunbiz.org

FEE:  The registration fee is $50.  Registration must be renewed every five years.  Name must be registered again if ownership of the name changes.  Registration does not reserve a fictitious name against future use by other business owners.

COMMENT:  While registration of a name may be helpful in trademark registration, registration of a fictitious name in and of itself does not restrict use by any other business.  Names already registered may be checked online via the web site, and forms may be obtained there as well.  The following procedure is necessary to register a fictitious name:

1. Write for or download application and instructions.

2. Complete application and mail with recording fee to address listed above.

Patents, Copyrights and Trademarks

WHAT: A patent is an exclusive property right to an invention (i.e., a product or service).  A trademark is a word, phrase, symbol, or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.  Trademarks can be registered at the federal level by the Commissioner of Patents and Trademarks or at the state level by the Secretary of State.  A copyright is a form of protection given to an original artistic or literary work.

WHERE:

Director ofU.S. Patent and Trademark Office
PO Box 1450
Alexandria, VA 22313-1450
(800) 786-9199
www.uspto.gov/

U.S.Copyright Office
Library of Congress
101 Independence Avenue, S.E.
Washington, DC 20559-6000
Phone: (202) 707-3000
Forms: (202) 707-9100
www.copyright.gov

FEE:  Patent fees vary greatly according to the complexity of the product or design.  The process could take upwards of three years and costs could range from $3,000 to $10,000.  The fee to register a basic copyright is $45.  The federal trademark registration fee is $325 per class and the state fee is $87.50 per class.

COMMENT:  Patent and trademark searches should be conducted prior to application to determine whether the invention is already patented or the name already trademarked. TheSmallBusinessDevelopmentCenter provides free preliminary patent and trademark searches.  Searches can also be conducted via the agencies’ web sites.

Employment Eligibility Verification

WHO:  Every employer with one employee or more is responsible for verifying that employee’s identity and right to work at time of hiring.

WHERE:

US Immigration and Naturalization Service
9403 Tradeport Drive
Orlando, FL 32827
Phone:  (407) 855-4418
www.uscis.gov
For Forms: (800) 870-3676
www.uscis.gov/portal/site/uscis

COMMENT:  An employer must complete an I-9 form on each employee within three days of hiring and the form must be kept by the employer for the later of (i) three years from the date of hire or (ii) one year after employment is terminated.  On this form the employer must attest that he or she has seen certain documents verifying the employee’s employment eligibility.  A list of acceptable documents for proving both identity and right to work are listed on the I-9 form.

Florida New Hire Reporting 

WHO:  Every employer must report any new or re-hired employee that fills out a W-4 form to a state directory within 20 days of hire.

WHERE:  All Florida Counties
Florida New Hire Reporting Office
P.O. Box 6500
Tallahassee, FL 32314-6500
Phone: (888) 854-4791
Fax: (888) 854-4762
www.fl-newhire.com

COMMENT: Employers can report new hires electronically via the Internet, or by faxing or mailing either a new hire reporting form, a legible copy of the employee’s W-4 form, or a printed list.

Federal Wage and Hour Law

WHO:  Each new business which has $500,000 or more in gross sales per year and has any involvement in interstate commerce, with few exceptions, must comply with the wage and hour law.

WHERE:

U.S.Department of Labor
Wage & Hour Division
Charles E. Bennett Federal Building
400 W. Bay St., Ste. 956
Jacksonville, FL 32202
Phone: (904) 359-9292
www.wagehour.col.gov

COMMENT: As of June 1, 2011, the minimum wage inFlorida is $ 7.31 per hour. The federal wage and hour law covers the minimum wage scale, overtime, equal pay, child labor, age discrimination, employment record keeping and wage garnishment laws.  Employers have the responsibility to determine if the law applies to their business.

Occupational Safety and Health Act of 1970

WHO:  If you own or manage a small business, there are legal safety regulations that are your responsibility.

WHERE:

U.S.Department of Labor
Occupational Safety & Health Administration –Ribault Building
1851 Executive Center Drive, Suite 227
Jacksonville, FL 32207
Phone: (904) 232-2895
www.osha.gov