Law Offices of Levi Williams, P.A.

Expanding your business to Florida? Here is what you need to know

2026-02-06T14:18:58Z

Expanding a business to Florida is an exciting step, but it requires more than just finding an office. If your company is headquartered elsewhere, you must officially notify the state before you start working. Failing to register can lead to fines or legal trouble if you ever need to defend your business in court.

Registering your business

The first step for most companies is "foreign qualification." This simply means telling the Florida Department of State that your out-of-state business is now active here. You will need to provide a certificate from your home state proving your company is in good standing. You must also appoint a registered agent. This is a person or service with a physical Florida address who can accept legal papers for you. For 2026, the state filing fees are $70 for corporations and $155 for limited liability companies (LLCs). These initial steps ensure your business has the legal authority to operate within the state.

Understanding state taxes

Florida is famous for having no personal income tax, but your business might still owe state taxes.

Corporate tax: C-corporations pay a 5.5% tax on Florida income, but there is a $50,000 exemption that helps many small businesses.
Pass-through entities: If you have an S-corp or an LLC, you generally do not pay this tax at the business level.
Reemployment tax: If you hire employees, you must pay into the state unemployment fund. New businesses start at a 2.7% rate, though approximately 65% of Florida employers qualify for a lower 0.1% rate in 2026.

Staying ahead of these tax obligations can help you maximize the financial benefits of moving to a tax-friendly state.

Following employment rules

Florida has specific laws for hiring and managing staff that vary based on your industry and size.

Work eligibility: Currently, private employers with 25 or more employees must use the federal E-Verify system. However, there is proposed legislation in the 2026 session that could expand this mandate to all private employers regardless of headcount as soon as July 1.
Minimum wage: The wage increases by $1.00 every Sept. 30 until it hits $15.00 in 2026. After that, the first inflation-based adjustment happens on Jan. 1, 2028.
Insurance: Coverage is generally required for general businesses with four or more employees. However, construction firms need it for even one worker, and agricultural businesses have a threshold of six or more.

Keeping a close eye on these shifting thresholds is vital for maintaining workplace compliance and avoiding penalties.

Getting local permits

Beyond state rules, most cities and counties require a local business tax receipt. You may also need special professional licenses if you are in a field like construction or healthcare. Checking these local requirements early can prevent your grand opening from being delayed by missing paperwork. Because every business is different, consider speaking with an attorney to make sure your move to the Florida market is handled correctly.

Protecting silent partner interests during business conflicts

2026-02-06T12:56:08Z

Silent partners have specific legal rights to protect their investment even if they do not manage daily operations. While your role is financially focused, you possess the right to transparency and fair treatment. When a conflict arises, your protection is primarily found in your partnership agreement and the specific laws governing business conduct in your state.

Common risks to your investment

Silent partners, also known as limited partners, often face challenges when managing partners make decisions that affect the value of the company without telling them. These conflicts frequently start when communication stops. You may encounter situations where active partners fail to provide financial updates or attempt to change the business structure without your consent. Other common risks include:

Misusing company funds for personal reasons
Excluding you from major decisions required by your contract
Poor management that threatens the business
Failure to pay out profits as promised

If you notice a sudden drop in communication or a refusal to share financial records, it may be a sign that your investment is at risk.

Legal protections for silent partners

While you do not participate in daily management, you have a fundamental right to information. In Florida, for example, the law provides a clear process for this. You have a right to see certain required info 10 days after a written request. For other types of financial records, the partnership has 10 days to respond to your request and tell you if they will comply. Active partners owe you fiduciary duties, such as the duties of loyalty and care. In a limited partnership, these duties are typically a one way street from the active manager to the silent partner. While a partner can sometimes act in their own interest, they must still act with good faith and fair dealing toward you.

Strategies for resolving disputes

Resolving a conflict often starts with a review of your original partnership agreement. This document usually explains how to handle disputes, such as using mediation or arbitration. Following these steps is essential to protect your legal standing. You might also consider:

Requesting a formal audit of all financial statements
Sending a written demand to see specific transaction records
Negotiating a buyout if the relationship has broken down

Taking these steps early can help prevent a minor disagreement from becoming a major financial loss.

Navigating the path forward

Protecting your capital requires a proactive approach when signs of trouble emerge. Understanding the legal landscape allows you to move from a passive observer to a protected investor. While extreme steps like asking a court to remove a person in charge exist, they often require proving serious wrongful conduct. If your attempts to resolve the issue internally do not work, consider speaking with an attorney to discuss the laws in your state. A legal professional can help you read your contract and find the best way to secure your financial future.

Florida’s Employer-Friendly Non-Compete Law Redefines the Rules

2025-11-18T20:33:53Z

Florida has updated its stance on non-compete agreements, providing employers with a significant advantage in protecting their business interests. Effective July 1, 2025, a new law introduces critical changes that make these agreements more enforceable, particularly when dealing with higher-earning employees. This development is a welcome one for Florida business owners seeking to safeguard their trade secrets, client relationships, and competitive edge.

What Has Changed for Florida Employers?

The most impactful change is the establishment of a "presumption of validity" for non-compete agreements involving employees who meet a certain high-earning threshold. Previously, the burden of proving that a non-compete agreement was reasonable and necessary fell squarely on the employer. This often led to costly and unpredictable litigation.

Under the new statute, the dynamic has shifted. For qualifying employees, the agreement is now presumed to be valid. The burden of proof now falls on the employee to demonstrate that the agreement is unenforceable. This is a substantial legal hurdle for an employee to overcome, making it more likely that a well-drafted non-compete will be upheld in court. This legal shift allows employers to more confidently protect their legitimate business interests.

How Can Your Business Benefit?

This legislative update provides a valuable opportunity for Florida businesses to review and fortify their employment contracts. Ensuring your non-compete clauses are drafted in accordance with the new standards is crucial for maximizing their enforceability. The law still requires that these agreements be reasonable in scope, duration, and geographic area, but the presumption of validity gives employers a much stronger starting position. By proactively updating your agreements, you can better protect your company from unfair competition and retain the value you have worked hard to build.

Protect Your Business with Experienced Legal Counsel

The legal landscape is constantly evolving. Navigating these changes requires a skilled legal partner who understands the nuances of Florida employment law. At [nap_names id="FIRM-NAME-1"], we provide personalized legal guidance to help businesses thrive. We can review your existing non-compete agreements or draft new ones that align with the latest legal standards.

Protect your business today. Contact us through our online form or call [nap_phone id="LOCAL-CT-NUMBER-1"] to schedule a consultation.

What are the benefits of starting a business in Florida?

2025-05-28T14:48:02Z

Starting a business in Florida offers numerous advantages for entrepreneurs. Known for its vibrant economy, favorable tax climate and strategic location, the Sunshine State provides an ideal environment for business growth and success. Entrepreneurs can leverage Florida's unique attributes to build thriving enterprises across various industries.

Favorable tax climate

Florida's tax climate could be one of the most favorable in the United States. The absence of personal income tax attracts individuals looking to maximize their earnings. Businesses benefit from a low corporate tax rate on earnings generated within Florida, which allows them to reinvest more profits into their operations. This tax advantage helps foster a competitive business environment, encouraging startups and established companies alike to grow and prosper.

Business-friendly regulations

Florida is known for its business-friendly regulations and policies. The state offers a streamlined process to help entrepreneurs quickly and efficiently start their businesses. From simplifying registration procedures to providing resources for small businesses, Florida ensures that new ventures can launch with ease.

Access to a diverse market

Florida's diverse market is another compelling reason to start a business in the state. With a population of over 21 million, Florida offers access to a wide range of consumer needs and interests. The state has a strategic location between the Gulf of Mexico and the Atlantic Ocean. This serves as a gateway to Latin America and the Caribbean. It opens up international trade opportunities that businesses can tap into.

Thriving tourism industry

Florida's thriving tourism industry provides a significant boost to local businesses. Each year, Florida attracts millions of visitors. This influx of tourists creates demand for services and products across various sectors. Entrepreneurs can capitalize on this steady stream of visitors to drive sales and grow their businesses.

Seeking legal support

Starting a business can be a lot of work. If you or anyone you know is considering setting up a business in Florida, you may want to seek legal professionals for help. They can assist you in navigating the landscape and understanding state laws and regulations. They can also support you obtain all requirements and protect your interests. With the proper support, you can confidently operate your business in Florida, all while maximizing opportunities and minimizing risks.

5 ways to protect your business from litigation in the New Year

2024-12-31T17:00:07Z

If your business faces litigation in the new year, it can certainly take a toll. Even if you win your case, it can take time to sort through the legal details, and it may be a costly enterprise. It also pulls you away from your main focus of running the business, and the litigation itself could harm your company’s reputation. As such, you may be interested in protecting your business, avoiding litigation and helping things go smoothly in 2025. Let’s look at some ways you can do so.

Steps you can take in advance

The important thing is to consider what you can do in advance to prevent litigation from occurring in the first place. Some tactics include:

Setting your business up as an LLC: This can help by removing your personal liability. For instance, even if the business goes bankrupt, you are not personally liable for the business loans taken out in the company’s name, so you won’t be sued by creditors.
Establishing proper contracts: It is very risky to enter into a business relationship with a vendor, another business owner or a business partner without getting the agreement in writing. A handshake deal is much more likely to lead to complex litigation, whereas a comprehensive contract can define terms and relationships to avoid disputes.
Carefully navigating employee terminations: If you have to terminate an employee, be sure to do so correctly. Follow the terms of the contract, if they have one. If the employee is at-will and does not have a contract, you still need to ensure you don’t find yourself accused of discrimination, retaliation or other forms of wrongful termination.
Carrying out regular compliance reviews: Legal compliance reviews can be beneficial because they allow you to identify risks and take corrective action before litigation occurs.
Documenting everything: Litigation often happens when two parties cannot agree and turn to a third party—the court—to resolve the issue. By documenting everything, such as financial transactions, employee terminations, and business partnership agreements, you ensure everyone is on the same page and litigation is less likely.

Understanding how to take these steps in advance can help your business this year. If you do find yourself facing litigation, though, be sure you also know what legal options you have.

Should you include a morals clause in your employment contracts?

2024-03-26T20:30:01Z

Whether you’re starting a business or simply reviewing and amending your employee contracts, you may want to consider adding a “morals clause.” They were once largely reserved for actors and athletes whose public words and behavior could have a significant financial impact on their employers. Today, with the power and reach of social media, just about anyone at any level in any industry can have the same effect. You’ve likely seen videos on social media of people captured on cell phones behaving badly – engaging in a racist, homophobic or other discriminatory tirade, bullying or even in a racist rally. Probably one of the most famous of these to go viral and be seen around the world involved a woman in Central Park calling the police on a Black man who had asked her to put a leash on her dog. The man captured it all on his phone. It didn’t take long for her – and the investment business she worked for – to be identified. After considerable public pressure, the employer fired her. She sued her former employer – and lost. It's not known whether she had any kind of morals clause in her employment agreement. What is certain is that by including a provision in these agreements, employers make it easier to quickly terminate employees whose non-work-related behavior causes reputational – and financial – harm.

What to include in (and leave out of) a morals clause

It’s crucial for these clauses to be clear. It can be a delicate balance not to make them too vague or too specific. You also need to balance your employees’ right to free speech with the fact that this speech could be seen as a reflection of what the business stands for. You want to be clear that if an employee engages in any behavior that is harmful to the public’s perception of your business – and therefore to its bottom line – they may be terminated. This can be a tricky element of employment law, since businesses are still working to catch up with the vast power of social media. If you have any questions or concerns about morals clauses, it’s smart to get experienced legal guidance.

Can I sue my employer for wrongful termination?

2024-03-25T11:36:55Z

Most jobs in Florida operate on an at-will basis, meaning employers and workers are free to end a relationship at any time for any legitimate reason. However, that does not mean your employer can terminate your employment for reasons that are prohibited by law. You might be eligible to file a lawsuit against your employer if you believe that your termination was wrongful. Wrongful termination refers to the illegal ending of a person's employment. The most frequent instances of wrongful termination include discrimination, retaliation, contract violations and refusals to perform duties or to file a complaint because the employer is engaging in unlawful or public policy violations.

What qualifies as wrongful termination?

The following are some of the most common types of wrongful termination:

Employers are prohibited from discriminating against their workers for a variety of reasons under both state and federal regulations. The most prevalent instances of unlawful discrimination are based on age, gender, gender identity, religion, disability, race, pregnancy and political affiliation.
Violations of state and federal employment laws. Companies that attempt to evade compliance may face claims for violations of state and federal employment regulations. These regulations may include the Fair Labor Standards Act (FLSA), which establishes minimum wage and overtime compensation requirements.
An employer cannot lawfully fire an employee for doing something that the employer finds objectionable but is legal, such as taking sick leave or bereavement leave or filing for workers' compensation following an accident at work.

It’s important to note that retaliation for whistleblowing, which is when an employee reports their company's unlawful activities to authorities, is also illegal. Losing a job can be difficult, especially when you are terminated unfairly. If you believe that you were fired or laid off under unlawful circumstances, seek assistance from someone who can help you understand the legal issues involved and try to safeguard your rights is wise.

How employees who work from home may face sexual harassment

2024-03-14T12:24:43Z

Working from home has many benefits for your business and your employers. You may save money when you don’t need to rent an office space when a majority of your employees work online. Your employees may also work faster and more efficiently when they are in the comfort of their own home. You may even hire employees who live around the country, which can make it easier to hire people for empty positions. As a business owner, you still need to be wary of sexual harassment if your employees work from home. When an employee works online, they may be easier targets of sexual harassment. Here’s what you should know:

Sexually explicit photos

With your employees working online, you and your employees likely communicate often through email and other communication programs. An employee may be sent sexually explicit photos from others. These photos and any added comments are forms of sexual harassment.

Unwanted comments on social media

Whether an employee works online or in person, they may face sexual harassment on their social media accounts. Many social media sites will share contacts with others. This could lead to a coworker making inappropriate comments on an employee’s photos.

Stalking

A lot of information may be found online about your employees. Another employee may use this information to physically and digitally stalk another employee. This can endanger an employee’s life and safety.

Artificial videos and photos

Artificial intelligence (AI) can lead to sexual harassment. An employee may use AI to produce artificial videos and photos of coworkers in sexually explicit situations or positions. If one of your employee’s has made allegations of sexual harassment, it will benefit you to seek legal guidance.

3 common causes of business partnership disputes

2024-03-06T23:22:34Z

A business partnership can provide a lot of unique opportunities. It can take a lot of time to discuss the intricacies of a business partnership agreement. Parties may need to negotiate what’s expected from each other, what each party gains from the partnership, how operations are handled, bylaws and much more. However, no matter how intricate a business partnership agreement is, there’s always the possibility of disputes. Here are a few:

Uneven workloads

A common cause of partnership disputes happens when a partner believes they are taking on more work than the other, which can lead to resentment if it’s not resolved. A partnership agreement may clarify what duties each partner is responsible for doing. If a partner feels they are doing too much, the terms of the legal contract may need to be altered.

Breach of fiduciary duty

A partner has a fiduciary duty to act in a business’s best interest when they agree to a partnership. This means that the partner should put the business’s needs ahead of their own, act honestly and fair, perform their duties diligently, keep information private and other responsibilities. These duties may be different with each partnership agreement. Violating these duties could lead to severe damages.

Communication difficulties

Another frequent issue within businesses is a lack of communication. Partners should freely communicate with each other to ensure smooth business operations. When partners have poor communication, there can be mistrust, misunderstandings, conflicts and lost opportunities. A partnership agreement may clearly spell out how communication is handled for a successful business. A business partnership agreement can include anticipatory clauses to avoid major conflicts. It may not be possible to anticipate every issue. It’s often important to understand every legal option when creating a business partnership or settling a dispute.

Outlining payment options for business partners

2024-02-28T22:20:08Z

When two people are working together as business partners, it’s important for them to consider potential financial issues up front. This is why they may want to draft a partnership agreement, giving them the ability to define some of these payment options so that there is no confusion over what should be done with the business’s money. In many cases, business partners will take distributions from the profits that the company makes. This is especially true with a small business that is just getting started. If the company makes $10,000 one month, the business partners may each take $4,000 and invest the other $2,000 back into the business to help it grow. This is just one example, of course, and the numbers are going to be very different from one business to the next.

Can you set up other options?

Yes, you can set up other payment options if you’d like. For instance, some business partners determine that they’re going to take an hourly wage and they keep track of how much time they put in each week. Additionally, some partners may decide on a set salary, rather than taking a distribution of the earnings. If the business is stable and consistently earning plenty of money to pay those salaries, this makes it easier than having to do the math every month. While all of these different options are technically possible, the key is to ensure that both partners understand exactly how they are going to be paid and what they should expect. That’s why drafting the partnership agreement at the beginning is so critical. Disputes over payment could derail your future plans for the business, so be sure you know about all of your legal options in advance.