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We have a friend in the Florida State Prison System. His release date is sometime in 2011. He will be eligible for work release in approximately 4 months. We hold his power of attorney and he would like us to file the paperwork necessary for a new Florida corporation. Is this allowed by the statues? Obviously he could not actively participate in the corporation until his official release date and then would have to apply for an occupational license to actually commence business. Which begs another question: Would work release qualify the aforementioned scenario to occur prior to his official release date?

Submitted: 60 days and 7 hours ago via USLaw.
Category: Legal
Value: $38
Status: CLOSED
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Posted by DCrane 60 days and 7 hours ago.

Answer

Thank you for the post, while this allowed by statute, the problem will be with work release approving the contemplated venture prior to the official release date. Work release requirements will likely bar his involvement in the business until his official release.

60 days and 5 hours ago.

Reply

Sounds like we are close to an agreement. Let us repeat what we believe you are saying.

 

The Florida Statutes (anyone statute in particular?) do allow inmates within the State Prison System to apply and create a "New For Profit Florida Corporation" while still incarcerated.

 

If that is clearly the case, then we believe that would be a great solution. Work release would merely have to be handled in the manner acceptable by the State regulations until such a time he could either show cause to allow him to participate actively within the corporation or until such time he is released from the regulatory requirements.

 

The bottom line is that as an inmate he is legally allowed to create or have created on his behalf via power of attorney a Florida Corporation. Does this sound like we understand?

 

Feedback is always appreciated.

Accepted Answer

Yes, your understanding is correct.

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Expert: DCrane
Pos. Feedback: 98.7 %
Accepts: 
Answered: 9/22/2009

Attorney

Negotiate, Draft, and Review many complex commercial agreements each year.

60 days and 4 hours ago.

Reply

Thank you for your time.

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