Florida Business Attorney
Formation, Contracts, Governance & Succession Planning
Running a business in Florida should be exciting, not overwhelming. Whether you are forming a new venture, growing an existing company, or preparing for a major transition, the right legal framework can save you money, prevent disputes, and give you confidence in every decision. At Smith Will & Trust, we provide Florida-specific business counsel that makes your next move clear, structured, and secure.
Business law is not just about filing paperwork or cleaning up problems after they happen. Done right, it is about anticipating issues before they become expensive and aligning your business structure with your larger estate and trust planning. That is why business law is a core offering at Smith Will & Trust. Our goal is to give Florida owners legal strategies that work on day one and continue to protect their company as it grows.
Starting with the Right Foundation
The foundation you choose at the start will influence every contract you sign and every decision you make. We help owners set up their businesses the right way from day one.
Entity Choice and Formation
Choosing between an LLC, corporation, or PLLC matters for taxes, liability, and governance. We prepare and file formation documents, secure your EIN, and guide you through Florida’s registered agent requirements. We also explain what ongoing annual reports, fees, and recordkeeping are required so you stay compliant.
Operating Agreements and Bylaws
Under the Florida Revised LLC Act (Chapter 605), operating agreements control your company’s internal rules. Even single-member LLCs should have one to clarify management authority and succession. For corporations, bylaws act as the rulebook for meetings, officer elections, shareholder voting, and decision-making. We draft agreements that are easy to follow and enforceable in court if needed.
Ownership Changes and Buy-Sell Planning
We create buy-sell provisions that plan for major life events: death, disability, divorce, or deadlock. These provisions spell out exactly how ownership interests are valued, bought, or sold so owners and heirs know what happens next.
Governance Checklists
Good governance keeps your company in compliance and reduces liability. We provide structured tools for board meetings, resolutions, and signature packets so your records always match your decisions.
Contracts that Work
From NDAs and MSAs to vendor agreements and employment/contractor terms, we draft contracts your team can actually use. Our contracts are written for clarity and practicality, not just to sit in a file cabinet.
Growth, Deals, and Succession Planning
Florida law gives you flexibility as your business evolves, but it also expects compliance with your governing documents. We make growth and transitions predictable, not stressful.
Member or Stock Transfers
We handle transfers, redemptions, and valuations so they comply with your operating agreement or bylaws. Properly structured transfers reduce conflict and help preserve voting control.
Mergers and Conversions
Whether you are acquiring a competitor, reorganizing, or converting your LLC to a corporation, we guide you through the process. We handle the statutory filings required under the Florida Business Corporation Act (Chapter 607) and Florida Revised LLC Act (Chapter 605) to make sure every step is legally sound.
Succession Planning
Family-owned businesses and professional practices need special attention. We coordinate succession strategies with your estate plan to keep operations running if an owner retires, becomes incapacitated, or passes away. This avoids court battles and keeps your employees, patients, and partners supported.
How We Work with Business Owners
We do not bury you in legal jargon or documents you will never read. Our process is structured, clear, and designed to provide long-term support.
Clarity Session:
We identify your goals, risks, and current documents.
Document Map :
We review what to keep, what to revise, and what to draft new.
File It Right:
Sunbiz-ready filings, amendments, and registered agent updates handled properly the first time.
Run-Ready Toolkit:
Operating agreements, bylaws, resolutions, and signature packets that make day-to-day decisions easier.
Quarterly Check-Ins:
Ongoing counsel to stay ahead of compliance deadlines and new business challenges.
Why Documentation Matters in Florida
Florida courts respect contracts and governing documents, but only if they exist and are properly drafted. Without them, statutory defaults apply, which can create results you never intended.
- Single-member LLCs without operating agreements can leave heirs confused about succession.
- Corporations without bylaws may face shareholder disputes or blocked board actions.
- Partnerships without agreements default to equal control, even when contributions were not equal.
We draft agreements that reflect your actual intent and protect your company from default rules that do not fit your situation.
The Role of Contracts in Avoiding Litigation
Most business lawsuits in Florida come down to unclear agreements. We believe contracts should be practical, readable, and enforceable.
We prepare:
- NDAs that truly protect trade secrets.
- Vendor Agreements with clear deliverables, payment schedules, and dispute resolution procedures.
- Employment and Contractor Agreements that comply with wage laws, non-compete restrictions, and confidentiality rules.
- Master Service Agreements (MSAs) that keep multiple projects consistent.
A good contract is more than insurance against disputes. It is a daily tool that keeps your business running smoothly.
Common Scenarios We Handle
- Startup Owner: Forming an LLC, filing with Sunbiz, creating a clear operating agreement.
- Growing Company: Adding partners, issuing membership interests, updating governing documents.
- Family Business: Planning ownership transfer to children without disrupting operations.
- Professional Practice: Coordinating physician succession while maintaining patient care and licensing compliance.
- Investor or Buyer: Acquiring a competitor, conducting due diligence, and handling statutory filings.
Where We Meet (and Who to Call)
Meetings available by phone, secure video, or in person at any of our Tampa Bay offices.
- Tampa Office: 4830 W. Kennedy Blvd., Suite 600, Tampa, FL 33609
- St. Petersburg Office: 360 Central Ave., Suite 800, St. Petersburg, FL 33701
FAQs
Do I really need an operating agreement for a single-member LLC?
Yes. Florida recognizes single-member operating agreements, and they clarify banking, management, and succession in case of incapacity or death.
We are acquiring a competitor. What is the first step?
Start with a term sheet and due diligence. Then confirm approvals and statutory filings required by the Florida LLC or corporation statutes.
Can I convert my LLC to a corporation later?
Yes. Florida statutes allow conversions, but the process must be documented and filed with the state. We guide you through approvals, filings, and tax considerations.
What is the best way to protect against partner disputes?
Clear buy-sell provisions in your operating agreement or bylaws. They prevent uncertainty and reduce the chance of litigation when disagreements arise.