Montilla Law, P.A.

04/06/2026

⚠️ Are You Misclassifying Workers in Florida?

Calling your worker a contractor doesn't make them one — and the IRS can come knocking with years of back taxes, penalties, and fines! 😱

Here's what every Florida business owner needs to know:

1️⃣ Control = Employee — If you control how, when & where they work, they're likely an employee under Florida law
2️⃣ The penalties are steep — Back payroll taxes, employer F**A, unpaid unemployment insurance, and civil fines
3️⃣ Florida's economic realities test — Courts look at profit potential, investment in equipment, and whether the work is core to your business
4️⃣ A contractor agreement alone won't save you — If the day-to-day looks like employment, courts ignore the label
5️⃣ Structure it right from day one — Proper IC agreement + defined scope + independent control = real protection

🛡️ Don't risk your business on a label. Get your contractor relationships reviewed by a Florida business attorney.

📞 Call (407) 308-2386 or visit montillalaw.com for a FREE consultation!

03/30/2026

⚠️ Why Every Florida LLC Needs an Operating Agreement

Formed your LLC but skipped the operating agreement? That's a costly mistake. 🚨

Without one:
❌ Florida's default rules apply — profits split equally even if you contributed more
❌ Ownership disputes = no proof = expensive court battles
❌ Partner wants out? No buyout process = business in legal limbo
❌ Creditors can challenge your liability shield
❌ Most Florida banks require one just to open a business account

✅ A properly drafted operating agreement protects you, your partners, AND your business.

📞 Call (407) 308-2386 or visit montillalaw.com for a FREE consultation!

03/26/2026

Florida Divorce: What You Need to Know About Property Division, Alimony, and Child Custody

Divorce is one of the most stressful legal processes a person can go through — and in Florida, it comes with its own set of rules that can significantly affect your finances, your parenting time, and your future. Whether you're just starting to consider Florida divorce or you've already been served with papers, understanding how Florida courts handle property division, alimony, and child custody can make a critical difference in how you prepare and what you fight for....

Divorce is one of the most stressful legal processes a person can go through — and in Florida, it comes with its own set of rules that can significantly

03/24/2026

Starting a Business in Florida: The Complete Legal Checklist for 2026

So you're ready to start a business in Florida — congratulations. Florida is one of the best states in the country to launch a company: no personal income tax, a business-friendly regulatory environment, and a booming economy with millions of potential customers. But getting your legal foundation right from day one separates the businesses that survive from the ones that don't....

So you're ready to start a business in Florida — congratulations. Florida is one of the best states in the country to launch a company: no personal income

03/23/2026

⚠️ 5 Signs Your Florida Business Needs an Attorney

Most business owners wait until there's a crisis to call a lawyer. Don't be that person.

Here are 5 signs you need legal help NOW:

1️⃣ You're about to sign a major contract — one bad clause = massive liability
2️⃣ Taking on a business partner — no written agreement = no protection
3️⃣ You received a demand letter — don't respond without an attorney!
4️⃣ Hiring your first employees — Florida employment law has REAL teeth 🦷
5️⃣ Your business is growing fast — new revenue, new exposure, structure it RIGHT

Proactive legal advice costs a fraction of reactive damage control. 💡

📞 Call (407) 308-2386 or visit montillalaw.com for a FREE consultation!

03/19/2026

Florida Security Deposit Laws: What Landlords and Tenants Must Know

When you hand over a security deposit at the start of a lease — or collect one as a landlord — Florida law has very specific rules about what happens next. Those rules are found in Florida Statute § 83.49, and violating them can cost landlords far more than the deposit itself. Whether you're a renter trying to get your money back or a landlord trying to stay compliant, understanding…...

When you hand over a security deposit at the start of a lease — or collect one as a landlord — Florida law has very specific rules about what happens next.

03/17/2026

Florida LLC Annual Report: How to File and Avoid Dissolution

If you own a Florida LLC, there's one annual deadline you absolutely cannot miss: the Florida LLC annual report. It's due every year by May 1st, it costs $138.75, and if you forget it, the state can dissolve your company — wiping out your liability protection and creating a legal mess that's expensive to clean up. This guide walks you through exactly what the Florida LLC annual report is, how to file it online through Sunbiz, and what happens if you miss the deadline....

If you own a Florida LLC, there's one annual deadline you absolutely cannot miss: the Florida LLC annual report. It's due every year by May 1st, it costs

03/16/2026

🏢 LLC vs Corporation vs Sole Proprietorship — Which Is Right for Your Florida Business?

Choosing the wrong business entity can cost you in taxes AND leave your personal assets exposed. Here's the breakdown:

❌ Sole Proprietorship — no protection, your personal assets are at risk
✅ LLC — best for most small businesses. Flexible, protected, pass-through taxes
💰 S-Corp — save thousands in self-employment tax once profits hit ~$50K/year
📈 C-Corp — only if you're raising venture capital

The smart move for most Florida business owners? Start with an LLC. Elect S-Corp status when your profits justify it.

📞 Call (407) 308-2386 or visit montillalaw.com for a FREE business consultation.

03/12/2026

What Is a Florida Health Care Surrogate and Why You Need One

03/10/2026

Florida Asset Protection Strategies for Business Owners and High-Net-Worth Individuals

If you've built something worth protecting — a business, a portfolio, real estate, retirement savings — then Florida asset protection should be at the top of your legal to-do list. Florida is actually one of the best states in the country for asset protection, offering a unique combination of statutory exemptions and legal structures that can shield your wealth from creditors, lawsuits, and judgments....

If you've built something worth protecting — a business, a portfolio, real estate, retirement savings — then Florida asset protection should be at the top of