Horticulture Service Professional's
Business Survival Kit

Business License / Occupational License / Fictitious Name

Business Insurance - Liability

Sales Tax / Tax Exemption

Pesticide Licensing

Professional Organizations

Professional Certifications

Business Classes

Hillsborough County's Small Business Information Center -
http://www.hillsboroughcounty.org/sbic/home.cfm?&&large=true

Web Links

In addition to the above links, check out the information and resources available for specific industries:

Nurseries

Arborists


Business License / Occupational License / Fictitious Name

Occupational License

        When most people talk about a 'business license,' they are talking about an occupational license.

        According to Hillsborough County's Tax Collector (813 307-6548), an occupational license is a privilege tax to engage in or manage any business, profession, or occupation within the county, including municipalities. Most businesses in Hillsborough County are required to pay a license tax. The categories for licensure are often broad and encompass many similar businesses under one heading.

        Some state statutes or county ordinances may require the employees in the tax collector's office to see proof of compliance before issuing particular occupational licenses.

        All occupational licenses expire September 30 and can be renewed on or after August 1. Each October 1, they are delinquent and subject to penalties each month thereafter, with a maximum of 25 percent. New licenses are issued at any time during the year and are prorated beginning April 1, at which time a half-year fee applies.

        Changes made in a license status, such as an address, ownership, or name change must be reported to the tax collector's office. A nominal fee will be charged.

        The Tax Collectors office collects the occupational license tax from businesses operating in Hillsborough County. No formal application for a license is required. If you are regulated by state or county agencies, they will need to see a copy of the documents these agencies have provided. To obtain a license the following information is required:

                    Name of business or your name
                    Mailing address and a physical business address
                    Type of business
                    Social Security Number or Federal Tax Identification Number
                    Fictitious name registration

Fictitious Name Registration

        A fictitious name means any name under which a person transacts business in this state, other than his legal name. 'Business' means any enterprise or venture in which a person sells, buys, exchanges, barters, deals, or represents the dealing in any thing or article of value, or renders services for compensation. The Fictitious Name Registration Application is available at the Tax Collector's office (813-307-6548), the Clerk of Circuit Court (813-276-8100) or the Florida Department of State, Division of Corporations at (850- 488-9000).

When would the filing of a fictitious name not be required?

        1. When the applicant is a licensed attorney forming a business for the practice of law in the State of Florida.

2.     When the applicant is registered with the Dept of Business and Professional Regulations and their licensing board has not imposed requirements for the registration as a fictitious name.

3.     When the applicant is a corporation or limited partnership filed and in good standing with the Division of Corporations and is not transacting business under any other name.

4.     When the applicant is a federally chartered corporation and is not transacting business under any other name.

5.     When the applicant is using their full name in the title and they are the only owner.

For more information, please send an e-mail to license@hillstax.org or call (813 307-6548).
    Links:
            Hillsborough County Tax Collector - http://www.hillstax.org/main.asp 
            Florida State  Division of Corporations - http://www.sunbiz.org/
            Sales tax information and registration - http://www.dos.state.fl.us/startbus/taxes.html

Business Insurance - Liability

Understanding General Liability Insurance

In today's lawsuit-happy society, even small mishaps can result in large lawsuits. That's why general liability insurance, along with property and worker's compensation insurance, are essential for most companies. Liability insurance protects the assets of a business when it is sued for something it did (or didn't do) to cause an injury or property damage.

How General Liability Works
Under a general liability insurance policy, the insurer is obligated to pay the legal costs of a business in a covered liability claim or lawsuit. Covered liability claims include bodily injury, property damage, personal injury and advertising injury (damage from slander or false advertising). The insurance company also covers compensatory and general damages. Punitive damages aren't covered under general liability insurance policies because they are considered punishment for intentional acts.

General liability insurance policies always state a maximum amount that the insurer will pay during the policy period. Usually these policies also list the maximum amount the insurer will pay per occurrence. For example, if a company has a $1 million occurrence cap in their liability policy and they are successfully sued for $1.5 million, the insurer would pay $1 million and the business would be responsible for paying $500,000.

To cover these types of situations, many companies purchase umbrella liability insurance, which picks up where their general liability coverage ends. Umbrella liability covers payments that exceed your other policy's limits and provides additional coverage for liabilities not covered in a standard liability insurance policy.

Most insurance companies require their policyholders to report as soon as possible any accidents that could lead to a liability claim. The insurer may then require the business owner to document the situation, forward all summons and legal notices, and cooperate fully in any investigations.

Taking precautions before an accident can help keep your liability and your insurance rates down. All businesses can take certain steps to lower the chance of a liability insurance claim:

Sales Tax / Tax Exemption - According to the Florida Department of Revenue, "All sales of tangible personal property are taxable unless the items are specifically exempt from tax." This means that most horticulture services are tax exempt. You don't have to add tax to your charges and collect taxes for the state. Whenever you start installing products, whether plants or hardscaping or whatever, you can either 1) pay the taxes on the products you purchase or 2) provide the wholesale vendor with a copy of your Annual Resale Certificate, making you exempt from paying the taxes. But if you do that, you must charge your customer sales tax, collect the tax and then remit the tax to the state, usually on a quarterly basis. It's much easier to pay the taxes up front and avoid all the paperwork. See the Department of Revenue website at
http://sun6.dms.state.fl.us/dor/

Pesticide Licensing - A whole section of this website is devoted to pesticide issues - Click Here

Professional Organizations - There are many good professional organizations that are well worth the time and membership fees to belong to and to participate in. Some are local or regional, some are statewide and some are national in scope. Listed below are some of these associations and a link to their websites.

        ALCA - American Landscape Contractors Ass'n - http://www.alca.org/
        AMCA - American Mosquito Control Assoc - http://www.mosquito.org/
        ANLA - American Nursery and Landscape Ass'n - http://www.anla.org/
        ASHS - American Society of Horticultural Science - http://www.ashs.org/
        ASLA - American Society of Landscape Architects - http://www.asla.org/
        CPCO - Certified Pest Control Operators Ass'n - http://www.cpcoofflorida.org/
        FAPMS - Fla Aquatic Plant Mgmt Society - http://www.fapms.org
        FLEPPC - Fla Exotic Plant Pest Council - http://www.fleppc.org/
        FMCA - Fla Mosquito Control Assoc - http://www.floridamosquito.org/
        FNGA - Florida Nurserymen & Growers Ass'n - http://www.fnga.org/
        FPCA - Florida Pest Control Ass'n - http://www.fpca.org/
        FPRA - Fla Park & Recreation Assoc - http://www.frpa.org/
        FSHS - Fla State Horticultural Society - http://www.fshs.org/
        FTGA - Fla Turfgrass Assoc - http://www.ftga.org/                                    
        GCSAA - Golf Course Superintendents Ass'n of America - http://www.gcsaa.org/
        ISA - Florida Chapter International Society of Arborists  - http://www.floridaisa.org/
        LMA - Landscape Maintenance Ass'n - http://www.floridalma.org
        Planet - Professional Landcare Network -    http://www.landcarenetwork.org/cms/home.html
        STMA - Sports Turf Managers Association - http://www.sportsturfmanager.org
        TBWG - Tampa Bay Wholesale Growers - http://www.tbwg.org/

Professional Certifications

What is a professional certification? Most certifications recognize increased knowledge levels through testing. The assumption is that if someone has the desire and persistence to increase their professional knowledge, and prove their knowledge level by testing, then their abilities and skills have also increased. Usually the certification program is created by an organization of professionals to set a minimum level of competence. 

Why should anyone consider becoming certified? Anyone can call themselves a professional, but how does one prove that they're a little better than the others? One long-accepted way is to go through a certification program. The program can increase the knowledge, ability and professionalism of the learner, and demonstrate (or certify) that the learner has achieved a minimum level of competence.

For more details on certification see our Certification Page.

Business Classes - Check out the University of South Florida's Small Business Development Center - For  over 20 years, SBDC has been a great resource for small businesses. During that time, SBDC has assisted over 75,000 small-business owners. Resources, seminars, everything you need. http://coba.usf.edu/centers/sbdc/

Another good resource is SCORE - (the Service Corps of Retired Executives). SCORE is a resource partner of the US government's Small Business Administration (SBA).
These volunteer business professionals are dedicated to:
    Helping you decide if you want to start a business
    Helping new businesses get started right
    Helping existing businesses become more profitable

Web Links - Click Here to see ProHort's extensive links page

The Small Business Knowledge Base -Nice collection of information and resources on starting and managing a small business -  http://www.bizmove.com/

This page last updated on 05/27/08