As a Florida business owner, you are probably highly knowledgeable about the goods or services you provide. Being well-acquainted with your product is essential. However, it’s only part of operating a Florida business. Florida businesses are subject to various state laws and regulations. Therefore, as a business owner, you need to know how certain statutes and rules may impact your operations. Here are 5 Important Laws for Florida Business Owners:
1. Employment Laws
If you are operating a Florida business and have or expect to hire employees, there are numerous employment-related laws that you should know.
- First, it’s essential to know the difference between an independent contractor and an employee. Employees come with certain legal and tax obligations that are not applicable to independent contractors.
- Depending on the size of your workforce, laws such as the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) may also be implicated.
- You will need to be aware of the Fair Labor Standards Act (FLSA) and workplace safety laws.
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- There are also municipal regulations and other state and federal tax laws that will apply to your business and employees.
2. Breach of Contract
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- You will probably enter into numerous contracts throughout the life of your Florida business. Florida business owners may enter into commercial real estate leases, vendor agreements, partnership agreements, shareholder agreements, and other contracts. As a party to this type of agreement, it’s always possible that you may run into a breach of contract dispute.
As a business owner and contracting party, you will need to be familiar with:
- The laws that relate to the contract at issue,
- The statute of limitations for a breach of contract claim
- The legal requirements for a breach of contract claim, and
- The legal defenses to a breach of contract claim
3. Registration, Permit, and License Requirements
You will probably be subject to certain registration, permitting, and licensing requirements when you operate a Florida business. These regulations may be from local municipalities, the state, and the federal government.
- When you own a Florida business, you will need to be aware of 1) the state’s business registration requirements, 2) all applicable regulations for your industry, and 3) the necessary permitting and licensing procedures for your operations.
- Florida requires LLCs, partnerships, and corporations to register themselves and pay certain fees. In addition, sole proprietors doing business under another name must also register their “doing business as”(DBA) with the state.
- Florida also has specific business licensing processes and requirements.
- Additionally, most Florida municipalities impose permitting and other regulatory rules on those operating within their jurisdictions.
- Depending on your business, you may also be subject to federal rules and requirements.
- The failure to obtain a mandatory permit or license could result in sanctions, fines, and litigation.
4. Contracts in Writing
As a business owner, it’s essential to know that under Florida law, a contract can be formed either verbally or in writing. However, certain Florida agreements must be in writing for the parties to have legal recourse.
Some of the Florida contracts that must be written are:
- Contracts involving real estate transactions,
- Contracts that can’t be performed in one year,
- Lease agreements for longer than one year,
- Contracts to pay the debt of another party,
- Contracts for the sale of goods valued at $500.00 or more.
As a business owner, it’s essential to know how to best protect your interest while constructing your agreements and contracts.
5. Intellectual Property
You may develop various forms of intellectual property as you promote your Florida business. Intellectual property includes intangible materials such as trademarks, copyrights, patents, trade secrets, and other intellectual goods. There are numerous federal and state laws and regulations that apply to these creations.
If your Florida business has intellectual property, it’s important to know:
- How to protect your brand and other creations,
- The steps to take to register your patent, trademark, or copyright,
- What to do if you believe another party has infringed upon your intellectual property rights.
These are some legal areas you should be familiar with as a Florida business owner. Every enterprise is unique, and there may be other laws and regulations that apply to your industry type of business. If you own a business in Florida, you should consult with a Florida business attorney to learn more about the laws that apply to your operations.
Contact an Experienced Florida Business Attorney
Experienced Florida business attorney Richard Sierra at the Florida Small Business Center assists clients like you with commercial leasing, business, and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.