Mr. Juan Lapica, S.E., P.E., a copy of which petition was published in F.A.W. volume 38, issue 16; If an LLC is formed under both Chapters 608 and 621, Mr. Lapica, as a licensed engineer, can be a Manager or a Managing Member. His wife cannot be ...

DEPARTMENT OF STATE

NOTICE IS HEREBY GIVEN that the Florida Department of State has issued an order disposing of the petition for declaratory statement filed by Mr. Juan Lapica, S.E., P.E., a copy of which petition was published in F.A.W., Vol. 38, No. 16 on April 20, 2012. The following is a summary of the agency’s disposition of the petition:

If an LLC is formed under both Chapters 608 and 621, F.S., Mr. Lapica, as a licensed engineer, can be a Manager or a Managing Member. His wife cannot be listed as either because she is not a licensed engineer (Sections 621.05 and 621.051, F.S.). If an LLC is formed only under Chapter 608, F.S., Mr. Lapica and his wife can both be listed as Managers or Managing Members or he can be listed as either of those titles and she as only a “member”. The name of the entity can be whatever he chooses regardless of whether it is filed under only Chapter 608 or both 608 and 621, F.S., as long as the name is distinguishable on Division of Corporations records (Section 608.406, F.S.). The suffix used to identify the LLC formed under only Chapter 608, F.S. is LLC, L.L.C., Limited Liability Company, or Ltd. Co. (Section 608.406, F.S.). If Mr. Lapica forms a “Professional Limited Liability Co.” he must file under Chapter 621, F.S., and he must use “Professional Limited Company” or “P.L.” as the suffix (Section 621.12, F.S).

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Betty Money, Agency Clerk, Office of the General Counsel, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250.