Recent Answers to Florida Law Questions

Jorge G.

Answered Sep 19, 2025

That depends on your municipality. However, most—if not all—require a permit to ensure compliance with local code requirements for a fence. I recommend contacting your county or city building department to confirm the specific requirements before starting your project.

Jorge G.

Answered Sep 19, 2025

The standard practice is that any lien against the property should be paid off at or before closing. You should also have obtained title insurance, which generally covers liens that were not satisfied. You should have received a copy of your title insurance policy sometime after closing, and the lien coverage (or any exception) should appear on the policy. At this point, you should contact an attorney to review all of your closing documents and advise you on the best course of action.

Randy M.

Answered Sep 13, 2025

Running a trademark search before registering your business name isn’t legally required, but it’s one of the most important steps you can take to avoid future problems. Registering your name with the state forms your business entity, but it doesn’t give you trademark rights. Trademark rights come from use in commerce and, if you file with the USPTO, registration at the federal level. Why a Trademark Search Matters The central legal test in trademark law is whether a name is likely to cause consumer confusion. That means you don’t need to copy someone else’s name exactly to get into trouble. Even something that looks or sounds similar in the same or related industry could be enough. If you skip the search and move forward, you risk: • Infringement claims: Another company could demand you stop using the name and, if necessary, sue for damages. • Forced rebranding: If you’ve already invested in your logo, website, signage, or marketing materials, being forced to change your name can be expensive and disruptive. • USPTO rejection: If you apply for a federal trademark, the USPTO will run its own search. If they find a confusingly similar mark, your application will be denied and you’ll lose the filing fees. A well-documented example is when small businesses open under a catchy name, only to receive a cease-and-desist letter from a national chain using a similar name in the same space. Even if you’re in a different state, a federal registration gives that company priority rights nationwide. A proper trademark clearance search should cover more than just identical names. You’ll want to check: • Federal database (USPTO TESS): This is the official record of all registered and pending federal trademarks. • State trademark databases: Many businesses register marks only at the state level. • Common law sources: Unregistered marks can still have legal protection. Check Google, industry directories, social media, and domain names. • Similar variations: Look for phonetic equivalents and alternative spellings, such as “Kwik” for “Quick,” or slight wording changes that could still cause confusion. Professional Assistance You can run an initial search yourself at no cost, but these searches have limits. For example, the USPTO database won’t flag marks that are spelled differently but sound alike, or names with similar meanings. Attorneys and specialized search firms use tools that uncover those kinds of risks. While hiring a professional costs more upfront, it’s often far cheaper than litigation or a rebrand. Limitations A search doesn’t guarantee that your name will never be challenged. Trademark law involves judgment calls about how similar marks are and whether they overlap in goods or services. Still, a thorough search puts you in a much stronger position to defend your choice and move toward federal registration if you want nationwide rights.

Randy M.

Answered Sep 11, 2025

As of September 2025, non-compete agreements are governed almost entirely by state law. The Federal Trade Commission’s 2024 rule banning most non-competes was vacated by a federal court, and the FTC dismissed its appeals in September 2025. That rule has no legal effect today. Employers must analyze enforceability under the laws of the state where the employee works. General Standards Courts in states that allow non-competes usually apply a four-part framework. First, the restriction must protect a legitimate business interest such as trade secrets, confidential information, customer goodwill, or recouping significant training investments. Second, the agreement must be reasonable in scope. Duration is typically upheld if it’s between six months and one year, with two years sometimes permitted for employees with access to highly sensitive information. Third, the geographic reach must reflect the employee’s actual influence. A regional sales manager might reasonably be restricted within their sales territory, but a nationwide restriction is rarely upheld unless the business operates nationally. Fourth, there must be adequate consideration. A job offer is usually sufficient for a new hire. For existing employees, most states require something more, such as a raise, bonus, equity grant, or promotion. State Variations Enforceability depends heavily on jurisdiction. California, Minnesota, Oklahoma, and North Dakota prohibit most employment-related non-competes. The District of Columbia bans non-competes for covered employees but allows them for “highly compensated” employees if salary thresholds and notice requirements are satisfied. Illinois prohibits non-competes for employees earning less than $75,000 and non-solicits for those earning less than $45,000, with both thresholds scheduled to increase every five years. Washington prohibits non-competes for employees earning below an indexed threshold, which for 2025 is $123,394.17 for employees and $308,485.43 for independent contractors. Colorado allows non-competes only for highly compensated workers tied to trade secret protection and imposes civil penalties for violations. Massachusetts requires employers to provide either garden-leave pay or other mutually agreed consideration, as well as advance notice and specific contractual language. Florida and Texas remain relatively favorable to employers. Florida’s CHOICE Act, effective July 2025, creates a presumption of enforceability for employees earning more than twice the mean annual wage in the county of employment, which currently falls between $80,000 and $100,000 depending on location. Texas continues to enforce non-competes that are “ancillary to” an otherwise enforceable agreement and reasonable in time, area, and scope. 2025 Legislative Changes Several states enacted new restrictions this year for healthcare professionals. Louisiana’s Act 273 limits physician non-competes to three years for primary care physicians and five years for others, with geographic restrictions tied to the parish of practice and two contiguous parishes. Maryland’s House Bill 1388 prohibits non-competes for healthcare providers earning $350,000 or less and limits non-competes for higher earners to one year and 10 miles. Pennsylvania’s Fair Contracting for Health Care Practitioners Act, effective January 2025, voids most non-competes longer than one year for covered practitioners but allows them in connection with the sale of a practice. Drafting Considerations To increase the chances of enforceability, tailor the agreement to the employee’s actual role and responsibilities. Define restricted activities with precision. For example, prohibit solicitation of clients the employee serviced in the past year rather than a blanket ban on working in the industry. Limit the geographic scope to the area where the company does business or where the employee had influence. Use a duration tied to the legitimate interest you’re protecting. Document the consideration provided if the agreement is signed mid-employment. Include a severability or reformation clause, but don’t assume a court will automatically rewrite an overbroad provision. Comply with procedural rules: Massachusetts requires ten business days’ notice before the start date, Washington requires disclosure before an offer is accepted, and other states have mandatory notices. For multi-state workforces, use jurisdiction-specific riders rather than one universal agreement. Alternatives and Complements Because non-competes are increasingly limited, employers should use complementary protections. Confidentiality and trade secret agreements are enforceable nationwide. Non-solicitation provisions are often easier to enforce, though some states impose income thresholds for these as well. Garden-leave provisions, where the employee is paid during the restricted period, can strengthen enforceability and may be required in certain jurisdictions. Training-repayment agreements are another tool but must be drafted carefully to avoid appearing punitive. The Final Analysis If you’re weighing whether a non-compete or a related restriction is right for your business, it’s smart to have an attorney review the agreement before relying on it. State laws differ widely, and even well-intentioned clauses can be struck down if they’re not drafted carefully. On Contracts Counsel, you can connect with an experienced employment lawyer who can draft or refine an agreement that protects your interests while complying with current legal standards.

Amy B.

Answered Sep 9, 2025

Since the user uploaded copyrighted material to your website without your knowledge, generally you will not be automatically liable under the DMCA “safe harbor” provision. As you have already removed the content, make sure that your site has a published DMCA policy and that you have registered your designated agent with the U.S. Copyright Office. Generally, if you have everything in place, most of these matters are resolved without ongoing liability. Feel free to reach out if you need guidance on setting up a policy and agent registration.

Randy M.

Answered Sep 8, 2025

A Certificate of Organization is the document you file with your state to officially bring a Limited Liability Company (LLC) into existence. Until it’s filed and approved, your business is not legally recognized as an LLC, and you and any co-owners are generally treated as operating a sole proprietorship or partnership without liability protection. The terminology varies by state, but the function is the same. Some states, including Connecticut, Idaho, Iowa, Massachusetts, Nebraska, Pennsylvania, and Utah, call it a Certificate of Organization. Others, like Delaware, Alabama, Texas, and New Jersey, use the term Certificate of Formation. Most states, such as California, New York, and Florida, use the term Articles of Organization. These differences are only in name; the document serves the same legal purpose everywhere. The Certificate of Organization is often compared to a birth certificate for your company. It provides basic information that becomes part of the state’s business registry. You’ll usually need to include the LLC’s legal name, its principal address, the name and street address of its registered agent (the person or service authorized to accept lawsuits and state correspondence), and whether the company is member-managed or manager-managed. Many states also ask for the purpose of the business, which can usually be stated broadly, and the signature of the organizer, who is the person filing the paperwork. Some states request additional details such as the duration of the company or the names of initial members. Filing this document has important legal consequences. First, it creates the LLC as a separate legal entity under state law, which is what allows you to take advantage of limited liability protection. That protection means your personal assets, like your home and bank accounts, are generally shielded from business debts and lawsuits. Second, the filing puts the business on public record, which creates transparency and gives third parties confidence they are dealing with a properly formed entity. Third, many business activities depend on having this filing approved. You’ll usually need a stamped or certified copy of your Certificate of Organization to open a business bank account, apply for state or local business licenses, or enter into formal contracts under the LLC’s name. The filing process itself is straightforward but varies slightly from state to state. You’ll submit the document to the Secretary of State or a similar office, often through an online system, and pay a filing fee that generally ranges from about $50 to $500 depending on the state. Once approved, the state will send you confirmation in the form of a stamped copy or a separate certificate showing that your LLC is in good standing. Because this document is your company’s legal foundation, it’s important to keep a copy in your business records and provide it whenever an institution requests proof of formation. After formation, most states also expect you to maintain your LLC by filing annual or biennial reports and paying renewal fees. While filing the Certificate of Organization is the critical first step, you’ll also want to prepare an internal operating agreement that sets out how the LLC will be run. This document usually isn’t filed with the state, but it’s essential for preventing disputes between owners and showing banks, investors, or courts how the business is structured. In addition, you’ll likely need to obtain an Employer Identification Number (EIN) from the IRS and comply with local licensing requirements before conducting business. Because each state sets its own rules, it’s always wise to double-check the requirements on your Secretary of State’s website before filing. Terminology can occasionally change when legislatures update business statutes, so it’s best to rely on the official forms provided by your state. If you’re dealing with a more complex business structure, such as multiple owners or outside investors, you may want to consult an attorney to ensure the filing and operating agreement are drafted in a way that protects everyone’s interests.