Occupational Licenses or Business Tax Receipt (BTR) for Paralegals in Miami and Ft. Lauderdale
Update 7/16/12:
I am looking into this issue in Miami, a few people have said they called and were told that this only applies to paralegals who are working independently. When I called, I specifically asked about this and was told NO it applies to ALL paralegals. Also, why would law firms be getting notices if it doesn’t apply to paralegals working in law firms?? I have been in touch with the City and am awaiting the “official” answer, in writing, from a City official. As soon as I have that information, I will share it with everyone and we can move on to other issues relating to this matter.
Original Post 7/3/12:
This morning I received an e-mail from a fellow paralegal asking what I knew about occupational licenses for paralegals. Apparently, some firms have reported receiving visits from code enforcement looking to enforce this.
Several years ago, I became aware that the City of Miami had an occupational license for paralegals because an applicant was promoting his licensed status. At the time, I looked into it and found that an occupational license existed, but I never knew it was mandatory. I actually assumed it was for paralegals offering independent services etc. I asked around about it at the time, and no one seemed to know anything about it – no firms I knew obtained these licenses. I also e-mailed the Florida Bar about it, and am quite sure I was simply told that “an occupational license isn’t required by the Florida Bar to work as a paralegal in Florida”… This is back in 2009 or 2010 and I can’t locate the original e-mail, but I’ll see if I can find it when I get home tonight…
Anyway.. this brings me to the current situation… e-mails are now buzzing, it looks like paralegals may be required to have occupational licenses or BTRs just like attorneys… and if so… don’t you think already cash strapped municipalities are going to be happy to go door to door handing out violation notices?
Please share your experience with this issue. Does your firm obtain BTR or Occupational License for its paralegals? Did you know about this? Has your firm received a violation?
Here is some information I have gathered so far…
Miami
On July 3, 2012, I called the City of Miami’s Finance Department (350-416-1570) and was told that BTR (Business Tax Receipt) is required for all paralegals who work within the City of Miami.
Miami, Code of Ordinances, Article II, Local Business Tax > Sec. 31-50 – Amount of Tax to be Paid – Paralegals $116.00
Here is some additional information from the City of Miami: http://www.miamigov.com/Finance/pages/Licenses/licenses.asp
Ft. Lauderdale
On July 3, 2012, I called the Nadia at the Business Tax Office (954-828-5195 Ext. 4) and was told that business taxes must be paid for “paralegals who are registered with the Florida Bar and are working within the City of Ft. Lauderdale“.
City of Ft. Lauderdale – Business Tax: http://ci.ftlaud.fl.us/business_tax/index.htm
Ft. Lauderdale Code of Ordinances, Article II, Local Business Tax > Sec. 15-57 – Amount of Tax to be Paid – Paralegals $157.50
The code can be viewed here: Ft. Lauderdale Municipal Code
Thank you Linda for once again sharing very valuable information.
Thank you Janna
Wow, well I certainly had no idea and I would venture to guess none of my fellow paralegals know anything about this. It would be very interesting to see what the FL Bar’s position is on this. And while Ft. Lauderdale at least distinguishes that this only applies to FRP’s, how does Miami define a “paralegal”? Considering that you can’t work as a paralegal unless you are under the direct supervision of an attorney, one would think that there should be no requirement to have an occupational license. Even “para’s” that have their own businesses wouldn’t really qualify since they can’t hold themselves out as paralegals when they aren’t working under the direct supervision of an attorney. If they want to lump us into a group that needs an occupational license, they had better get a good handle on how they define a paralegal and perhaps our profession will need to push for the legal right to be “legal technicians” like Washington just did so we can actually work for ourselves. I just recently went to a firm in Ft. Lauderdale from a firm in Plantation, also just recently sat for my CP with the intention of getting my FRP. If I am going to have to have an occupational license to work in FTL as an FRP, I guess I will have to think twice about whether or not I bother getting the designation. It hurts our profession when we are forced to make a decision on whether or not to pursue professional development because then we are going to be taxed on it. We don’t make the same kind of money as attorney’s and certainly can’t afford to pay out more and more fees!
Have you heard anything for Paralegals working in Broward County?
If you are in the City of Ft. Lauderdale AND are a Florida Registered Paralegal (FRP) then you must pay the tax according to the current rule.
I am looking into this issue in Miami, a few people have said they called and were told that this only applies to paralegals who are working independently. When I called, I specifically asked about this and was told NO it applies to ALL paralegals. Also, why would law firms be getting notices if it doesn’t apply to paralegals working in law firms?? I have been in touch with the City and am awaiting the “official” answer, in writing, from a City official. As soon as I have that information, I will share it with everyone and we can move on to other issues relating to this matter.