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Florida Business & Investment 2025–26: A One-Stop Guide to Series LLCs, Non-Competes, Commercial Lease Taxes, Foreign-Donor Rules, Market Trends, and GDP Momentum

Author: Yoel Molina, Esq., Owner and Operator of the Law Office of Yoel Molina, P.A.​

28 October 2025

 

Florida Business & Investment 2025–26: A One-Stop Guide to Series LLCs, Non-Competes, Commercial Lease Taxes, Foreign-Donor Rules, Market Trends, and GDP Momentum

 

 
Florida remains one of the most dynamic places to launch, scale, and invest. In the last two years the state has rolled out major legal and policy changes—while the economy, population, and tourism keep pushing GDP higher. This comprehensive guide ties together the key developments leaders have asked about most: the Series LLC framework, stricter non-compete rules for highly paid workers, repeal of the commercial lease tax, new restrictions on foreign donations to nonprofits, the surge of Latin American real estate investment, and the broader economic outlook that underpins business decisions in 2025–26.
 

1) Florida’s Series LLC: Asset Segregation Under One Umbrella

 

Florida has adopted a Protected Series LLC regime that lets one parent LLC create multiple internal “cells” (protected series), each with its own assets, liabilities, members, and purpose. The framework is designed to deliver the admin efficiency of a single entity with the risk separation of many—provided you keep clean books, bank accounts, titles, contracts, and insurance at the series level. The law is slated to allow domestic Florida protected series formations beginning July 1, 2026.
Where it helps most
  • Real estate portfolios: One property per series to firewall liability between assets.
  • Multi-brand/e-commerce: Distinct brands and supplier contracts in separate series.
  • Deal-by-deal investing: Different partner groups in different series without forming a new LLC each time.
Execution checklist
  • Update the operating agreement to authorize series, voting, capital schedules, and shared-services rules.
  • File protected series designations, use compliant naming tied to the parent, and set up separate banking.
  • Title deeds, leases, IP, and insurance in the exact series name; maintain an “associated assets” ledger per series.
  • List active series on the annual report and dissolve/merge series formally when projects end.
 

2) Non-Competes and Garden Leave: Florida’s CHOICE Act

 

Effective July 1, 2025, Florida’s CHOICE Act strengthens enforcement tools for non-compete and garden-leave covenants covering highly compensated workers. It supplements the state’s long-standing restrictive covenant statute and is aimed at roles where confidential information and customer relationships are most at risk.
Who qualifies as “Covered Employees” Individuals (employees or contractors) whose annualized compensation is at least two times the annual mean wage of the applicable county. Think senior engineers, product and GTM leaders, revenue ops/pricing heads, key technical contractors, and enterprise CSMs.
Core requirements to use CHOICE effectively
  • Provide at least 7 days for review and an explicit right-to-counsel notice.
  • Include a written acknowledgment that the role involves confidential information and/or customer relationships.
  • Tailor restrictions to roles performing similar services to the prior three years or roles where it’s reasonably likely the worker would use confidential information or customer relationships.
  • Keep duration no longer than four years post-employment; many employers will still use 12–24 months for non-executives.
  • Consider garden leave with continued pay/benefits; non-working notice time generally reduces any post-employment period day-for-day.
Enforcement reality CHOICE facilitates swift injunctions when covenants are properly drafted and the facts fit, shifting pressure to the departing worker and the new employer. Use this tool selectively for truly sensitive roles, and keep strong NDAs, non-solicits, and IP assignments in place for everyone else.
 

3) Commercial Lease Tax Repeal: A Structural Cut to Occupancy Costs

 

Beginning October 1, 2025, Florida eliminates the state and local sales tax previously imposed on commercial rents. For tenants, this is a straightforward OPEX reduction that improves margins and underwriting; for landlords, it simplifies billing and removes a point of friction with out-of-state occupiers.
What to do now
  • Amend leases to remove tax references and auto-gross-ups; ensure October 2025 and later periods show 0% tax.
  • Revisit CAM definitions, rent percentage clauses, and expense caps that assumed a taxable rent.
  • Redirect savings into tenant improvements, technology, or market expansion; for retail, renegotiate breakpoints with data.
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4) Nonprofits: New Restrictions on Foreign Donations (SB 700)

 

Effective July 1, 2025, Florida prohibits covered charities and fundraising professionals from soliciting or accepting contributions, support, or services that are directly or indirectly tied to foreign countries of concern (China, Russia, Iran, North Korea, Cuba, Syria, Venezuela). The rule applies to anyone soliciting in Florida, regardless of where the organization is based.
Immediate compliance steps
  • Update your gift-acceptance policy to prohibit restricted sources (including in-kind support).
  • Add a donor attestation to all giving channels (web, events, DAF letters, major gifts).
  • Train frontline staff to decline or refund problematic gifts and escalate edge cases (e.g., U.S. subsidiaries).
  • Consider listing on the state’s optional “Honest Services Registry” once available to signal clean fundraising.
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5) Latin American Investment in Florida Real Estate Is Still Rising

 

Florida remains the top U.S. destination for international buyers, with Latin America leading interest—especially in Miami-Dade and neighboring counties. Colombian, Argentinian, Brazilian, and Mexican buyers feature prominently, and demand continues to broaden from Peru and Chile. In South Florida’s new-development market, international purchasers represent a substantial slice of absorption, with Latin American buyers often forming the majority.
Capital preferences we’re seeing
  • Pre-construction condos for appreciation plus structured deposits.
  • Turnkey, rent-ready units in buildings friendly to leasing (where allowed) for near-term yield.
  • Single-family in strong school zones for long-hold users and family offices.
  • A cash-heavier profile than domestic buyers, which shortens timelines and strengthens negotiating posture.
For developers and brokers
  • Lean into bilingual, WhatsApp-first sales ops and regional roadshows (Bogotá, Buenos Aires, São Paulo, Mexico City, Lima, Santiago).
  • Offer staged deposit plans and turnkey leasing/furnishing packages to reduce friction and speed absorption.
 

6) Florida’s Economy and GDP: Tailwinds You Can Underwrite

 

Florida’s economic picture remains constructive: growing real GDP, low unemployment relative to the U.S. average, strong personal consumption, record tourism, and nation-leading population growth fueled by net migration. Multiple regional hubs—Miami-Fort Lauderdale, Orlando, Tampa Bay, Jacksonville, West Palm Beach—diversify the state’s output across trade and logistics, healthcare, professional services, tourism, construction, aerospace/defense, and tech.
What this means for operators
  • Real estate & construction: Household formation and travel keep demand firm; underwrite insurance and rate risks conservatively.
  • Retail, hospitality, entertainment: Elevated footfall supports experiential formats and neighborhood retail; omnichannel operators with bilingual talent win share.
  • Healthcare & life sciences: Aging + migration sustain clinics and med-tech; systems investing in capacity and payor mix fare best.
  • Logistics & trade: Ports and airports connect directly to the Americas and Europe; 3PLs and cold-chain continue to scale.
  • Professional services & tech: Corporate relocations and founder inflows keep pipelines strong in finance, legal, accounting, IT, and engineering.
 

7) Cross-Border Notes for Companies from Mexico, Peru, Chile, Argentina, Spain, and Colombia

 

  • Entity architecture: Consider a Florida parent + protected series (once available) to isolate risk by asset, brand, or deal.
  • Talent protection: Use CHOICE-compliant non-competes for truly sensitive roles, but keep NDAs/non-solicits/IP strong for everyone.
  • Occupancy strategy: Price new footprints and renewals with the post-Oct-2025 lease tax repeal in mind; re-paper leases accordingly.
  • Nonprofit ties: If you operate foundations or CSR programs in Florida, implement donor screening and attestations under SB 700.
  • Real estate pipeline: Blend pre-construction (18–36 months to delivery) with leased resales for balanced cash flow and appreciation.
  • Banking/KYC and tax: Maintain transparent ownership charts, U.S. banking files, and cross-border tax coordination (FIRPTA for real estate, treaty matters) early in the process.
 

8) Your Florida Action Plan (30–90 Days)

 

  • Map objectives: Markets, headcount, and real-estate needs across Miami-Dade, Broward, Orange, Hillsborough, and Palm Beach.
  • Entity & contracts: Choose LLC vs. Series LLC path; modernize employment, vendor, and lease templates to Florida law and venue.
  • Talent safeguards: Identify covered roles for CHOICE; update agreements with 7-day review, acknowledgments, tailored scope, and calibrated durations.
  • Lease repricing: For periods from Oct 1, 2025, remove rent tax references, adjust CAM/expense caps, and renegotiate economics where warranted.
  • Nonprofit compliance: If you solicit in Florida, roll out gift-source attestations and refund/decline workflows.
  • Capital allocation: For real estate, pair rent-ready assets for yield with pre-construction for appreciation; for operations, earmark lease-tax savings for TI, hiring, or go-to-market.
  • Risk controls: Stress-test insurance, rate scenarios, and supply-chain dependencies; align coverage and business continuity plans.
 
For help forming entities (including Series LLC planning), drafting CHOICE-ready employment agreements, re-papering commercial leases, structuring nonprofit compliance, or advising on Florida real estate and cross-border deals, contact Attorney Yoel Molina at admin@molawoffice.com, call (305) 548-5020 (Option 1), or message via WhatsApp at (305) 349-3637.

Key Provisions:

  • Applicability: The law applies to businesses with a certain number of employees, varying by jurisdiction.​

  • Employee Rights: Employees can refuse to engage in work-related communications outside of their scheduled hours.​

  • Employer Obligations: Employers must establish clear policies outlining expectations regarding after-hours communication and ensure that employees are aware of their rights.​

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Implications for Small and Midsize Business Owners

While the intention behind the Right to Disconnect is to enhance employee well-being, it presents several challenges for business owners:​

  • Operational Adjustments: Businesses may need to restructure workflows to accommodate the restricted communication windows, ensuring that tasks are completed within standard working hours.​

  • Policy Development: It's essential to develop and implement clear policies that comply with the new law, detailing acceptable communication practices and respecting employees' rights to disconnect.​

  • Training and Awareness: Managers and supervisors should be trained to understand and uphold the law, fostering a culture that respects boundaries and promotes compliance.​

 

Real-World Example

Consider a midsize marketing firm that previously expected employees to respond to client emails during evenings and weekends. With the Right to Disconnect law in effect, the firm revised its policies, setting clear boundaries for after-hours communication. They implemented scheduling tools to manage client expectations and ensured that urgent matters were addressed during business hours. As a result, employee satisfaction improved, and the firm maintained its productivity levels.​

 

Steps to Ensure Compliance

  • Review Existing Policies: Assess current communication practices and identify areas that may conflict with the new law.​

  • Develop Clear Guidelines: Create comprehensive policies that outline acceptable communication times and methods, ensuring they align with legal requirements.​

  • Educate Staff: Conduct training sessions to inform employees and management about their rights and responsibilities under the law.​

  • Implement Technological Solutions: Utilize tools that schedule communications during working hours and prevent after-hours notifications.​

  • Monitor and Adjust: Regularly review the effectiveness of the policies and make necessary adjustments to address any challenges or changes in the law.​

 

Conclusion

The Right to Disconnect law represents a shift towards prioritizing employee well-being and work-life balance. For small and midsize business owners, adapting to this change is not only a legal obligation but also an opportunity to foster a healthier, more productive workplace. By proactively updating policies and practices, businesses can navigate this new landscape successfully.​

 

 

Call to Action

Navigating new labor laws can be complex, but you don't have to do it alone. If you need assistance in understanding and implementing the Right to Disconnect legislation within your business, contact the Law Office of Yoel Molina, P.A. Our expertise in business and corporate law ensures that your company remains compliant and thrives in the evolving legal environment.​