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In 2025, Florida revised the Florida Revised Uniform Limited Liability Company Act, establishing Protected Series LLCs, a new type of business structure in the state. This legislation officially took effect on July 1, 2026, allowing business owners more flexibility, greater protections, and lower overhead when establishing multiple related businesses in the state. Below, our Orlando business lawyer shares what a Protected Series LLC is and when you may want to consider creating one as a Florida business owner. 

What Is a Protected Series LLC? 

The details for establishing and maintaining protected series LLCs are found in Chapter 605 of the Florida Statutes. This type of business allows established LLCs to create separate entities that operate independently under the larger, parent LLC. These separate entities, referred to as protected series, can operate independently of the parent company, each with its own assets, liabilities, bank accounts, and management. 

How a Florida Protected Series LLC Works 

A protected series LLC operates like a parent company, allowing it to create and designate individual sub-businesses within the entity. These sub-entities can operate completely independently, with different managers and employees, separate accounting records, and separate tax filings. Protected series LLCs greatly reduce the administrative fees and paperwork business owners must file each year when they own multiple independent LLCs. The protections offered under a protected series LLC apply only if all business dealings, assets, and accounts are kept separate for each protected series. Commingling funds or assets may cause you to lose the protection the series LLC provides.  

Who Should Consider Filing a Protected Series LLC? 

Protected series LLCs (PSLLCs) are complex and should only be filed under specific circumstances. Consider establishing a PSLLC if you have multiple LLCs for related businesses and want to manage them under one umbrella organization. Here are some types of businesses that may benefit from forming a PSLLC: 

Real Estate Investors & Developers 

A PSLLC allows real estate owners (such as investors who own multiple rental properties) to operate several individual rental units under one LLC. Each protected series has the same liability protections as a traditional LLC, so if someone sues you for an accident that happened at one of your properties, they can’t come after all of your rental assets across your rental portfolio. 

Serial Entrepreneurs 

A PSLLC may be beneficial if you own several businesses across separate industries. This allows you to manage multiple brands and product lines under a single umbrella company without forming a corporation. This is great for small business owners who may have several ventures in the works at once. Each business is protected just as forming multiple LLCs would be, without the additional overhead or paperwork of managing several LLCs. 

Franchise Owners 

Franchise owners with several locations in a similar geographical area could also benefit from forming a protected series LLC. This allows you to manage all your franchise locations under one umbrella company while keeping them separate for tax and liability purposes. 

Benefits of Creating a PSLLC 

One of the largest benefits of structuring your business as a PSLLC is that you significantly reduce the paperwork and fees associated with maintaining individual LLCs throughout the year. Instead of paying annual renewal fees for each separate line of business, you can pay one filing fee for your entire suite of organizations while still managing them separately. Under this structure, each protected series holds horizontal liability protection in addition to the vertical protection already inherent in establishing an LLC. This means that each line of business is protected separately from lawsuits and creditor claims, even if they operate under the same umbrella. This is in addition to the vertical protection that is offered by an LLC, which separates your personal assets from your business assets if someone ever files a lawsuit against you. 

Are There Any Drawbacks to Creating a Protected Series LLC? 

PSLLCs are designed for specific types of business owners and don’t apply to all businesses. That’s why it’s important to work with an established Orlando business lawyer who can help you determine the best structure for your new business. Since it’s not designed for all business owners, one potential drawback is that establishing this type of business structure without understanding all its implications can be risky. The other potential drawback is that this type of business structure is so new and legal in only a handful of states, so large corporations and banks may not fully understand how it works. 

How to Create a Protected Series LLC in Florida 

The first step to create a protected series LLC is to register your parent company as a protected series LLC with SunBiz and pay the required fees. Once the PSLLC is established, you can designate each line of business as a protected series. You will also need to create an operating agreement and company rules that govern the relationship between the parent organization and the protected series. If you have an existing LLC, you can add the designation to established lines of business and signify which organization you would like to be the parent LLC. You will also need to amend any existing company documents, such as your operating agreement, to reflect this new structure and clarify how the PSLLC will be managed. To maintain its status, you must treat each entity as a separate company, with its own banking, accounting, systems, management, and employees. 

Boutty Law Firm: Orlando Business Lawyer 

PSLLCs should only be established under certain conditions. Given their complexity, it’s vital to have an Orlando business attorney like Benjamin Shane Boutty on your side to ensure your business is set up for success from the start. Contact us today at 407-622-1395 or schedule an online consultation to discuss your options and whether filing a protected series LLC may be right for you.

A living trust is one of the most effective ways to distribute your assets to your desired beneficiaries without going through probate. A living trust allows you to transfer your property and possessions directly to your beneficiaries after you pass away. When you create a trust, a designated trustee oversees asset distribution on your behalf. Living trusts are made while you’re still alive, and you may be able to change and modify specific aspects of the trust throughout your lifetime. Living trusts are the most common type of trusts created for estate planning in Sanford, FL, and around the country. Below, we answer some of the most common questions about how living trusts can be created and used as part of a comprehensive estate plan.  

What Are the Benefits of a Living Trust? 

Items held in a trust don’t have to go through probate, which is one of the major advantages of establishing a living trust. To ensure your trust is set up correctly and offers maximum benefits, consult with an estate planning attorney in Sanford, FL. Your designated trustee oversees direct asset distribution to your intended beneficiaries after you pass away. Another advantage is that your assets can be managed and handled for you if you’re ever incapacitated and cannot handle them yourself. Living trusts also allow you to manage and control the assets while you’re still living. You can modify, sell, or add assets into the trust throughout your life, and you can also change the beneficiaries listed in the trust. Family members also cannot challenge or dispute trusts in court, as they can with wills. Assets in a trust are also protected from creditor claims and lawsuits.  

What Types of Living Trusts are Available? 

There are two primary types of living trusts in Florida: 

Revocable Trusts 

Revocable trusts are the most common type of living trust used for estate planning purposes. These types of trusts can be modified and altered after they are established, giving you greater flexibility to manage the assets you place in the trust and designate beneficiaries. Once you pass away, the assets in the trust automatically transfer ownership to your desired beneficiaries.  

Irrevocable Trusts 

Irrevocable trusts are permanent and cannot be modified once they’re created. You also cannot control the assets transferred to the trust once it’s established. Irrevocable trusts provide added protection and are often established for tax purposes, medicaid planning, financial gifts, and managing life insurance payouts.  

How Do You Create a Living Trust? 

Drafting a legally binding trust can be complicated, so it’s best to work with an experienced estate planning attorney in Sanford, FL to ensure it’s legally enforceable. To be valid, you must sign the trust in the presence of two witnesses or a notary. Once established, you need to ensure the trust is funded, which is the process of placing ownership of your desired assets in the trust’s name. Trusts are active until you pass away. They can be modified by adding formal amendments to the original document.  

What Assets Can Be Placed in a Living Trust? 

Many types of assets held in a living trust, including:  

• Real estate property, such as your homestead residence.  

• Second or vacation homes, rental properties, and vacant land. 

• Business interests, such as LLCs, corporate shares, or family-owned businesses. 

• Jewelry and family heirlooms.  

• Collectibles and fine art.  

• Life insurance policies. 

• Investments like stocks, bonds, and mutual funds.  

• Funds set aside for funeral expenses.  

• Savings accounts, CDs, and safety deposit boxes. 

What Items Shouldn’t Be Placed Into a Trust? 

Some items could have large tax liabilities or undergo unnecessary administrative burdens if they’re placed in a trust instead of utilizing another type of estate planning tool. Here are some assets you should avoid placing in a trust:  

• Regularly used vehicles.  

• Retirement accounts. 

• Checking accounts that regularly fluctuate due to everyday living expenses. 

• Personal items that are regularly used and replaced, like appliances, furniture, and clothing.  

For these types of assets, it may be more beneficial to name a direct beneficiary on the assets (if allowed with a “payable upon death” or “transfer upon death” designation). Your estate planning attorney in Sanford, FL, can help you decide which assets should and shouldn’t be placed in a trust, based on your unique circumstances. 

What Are the Drawbacks of Creating a Living Trust? 

While living trusts have several advantages, there are some drawbacks. Trusts are a common estate planning tool, but they require more work to set up initially and are more expensive to manage. They also must be regularly maintained and managed, unlike other estate planning tools that are created once and remain in effect unless altered. If you choose to establish an irrevocable trust, the terms are permanent and cannot be modified or updated later. 

Is a Living Trust Right for You? 

To determine whether a living trust would be a good option for you when creating your comprehensive estate plan, contact our estate planning attorney in Sanford, Benjamin Shane Boutty. We’ll discuss your options and help you develop an estate plan that leaves a lasting legacy based on your unique circumstances. Call us for a consultation at 407-622-1395 or contact us online to discuss your choices.  

Central Florida is booming with new home construction, as thousands of residential properties pop up in areas like Horizon West, South Lake County, and Lake Nona. As a new property owner building your dream home, you want your house to be pristine and move-in ready, but how can you make sure it’s structurally sound? If you notice small cracks and shifting shortly after moving in, panic can set in instantly. How do you determine if this is just natural settling or a construction defect that requires an Orlando construction lawyer to fix? Our experienced team shares the differences between settling and foundation defects so you know what to look out for. We also share what to do if you suspect your newly-built home has a serious construction issue. 

What’s House Settling? 

House settling is the natural, slight movement of a home in the first few years after construction. During construction, the ground is disturbed by heavy machinery, trenching, and shear weight. It can take some movement and shifting for the home to find a stable position within the soil. The soil also compresses and shifts around the new weight of the home. Also, the wood used to build the home may also shrink slightly as it dries out. Settling is a normal part of new home construction, and signs typically show up within one to three years after the initial construction. 

House Settling Signs 

Settling signs appear within the first few years after construction. The most prevalent signs of home settling are diagonal hairline cracks in drywall throughout the home’s interior. These cracks are typically less than an inch wide and easily patched. You may also notice hairline fractures in concrete slabs, like your garage floor or patio. These concrete cracks are caused by moisture evaporation as the concrete cures over time. Other signs of house settling include: 

• Slight gaps where walls meet ceilings. 

• Peeling paint near small cracks and gaps. 

• Minor signs of shifting. 

• Small cracks that are easily patched and repaired.  

The primary distinction between house settling and a foundation defect is that settling cracks are small, easily repaired, and only occur within one to three years after construction. Settling shifts or cracks don’t worsen after the initial settling period.  

What’s Considered a Foundation Issue? 

A foundation issue, on the other hand, can occur in a home of any age, not just new construction. These problems are the result of extreme shifting and movement to the structural integrity of the home, which may make it unsafe to live in. Foundation problems are often caused by poor soil preparation before construction, structural design errors, or water damage due to poor drainage. 

Signs of Foundation Issues 

Foundation issues are caused by the intense shifting of the concrete slab underneath your home, which impacts its structural components. You can identify foundation issues by looking for large, jagged, or stair-step cracks. These cracks are typically wider than ¼ of an inch, start near the floor level, and continue to spread upwards toward the ceiling. They often appear in mortar lines of exterior brick or concrete blocks. Inside your home, you might notice: 

• Sloped or uneven floors. 

• Doors that won’t close properly. 

• Windows that are jammed or sticking. 

• Significant diagonal cracks around door and window frames. 

• Large gaps where interior walls meet exterior elements  

Unlike settling, foundation cracks are progressive and continuously get worse if the underlying issue is not addressed, even if you attempt to repair them. 

What to Do If You Suspect a Foundation Issue in Your New Home 

Settling is normal; foundation issues aren’t. If you suspect a foundation issue in your home, it could have been due to a construction defect caused by a negligent builder. Your Orlando construction lawyer can help determine if you’re eligible to file a claim and hold the responsible party (the contractor, building supplier, or construction company) accountable if improper methods were used. They can also review home warranties and contracts to determine what your next steps in seeking compensation from the construction company can be.  

Document everything related to the suspected problem. Take detailed, high-resolution images of the cracks and issues. Measure crack width and distance and notate changes. Monitor worsening conditions such as spreading cracks. Have an independent inspector provide an in-depth assessment of your home (even if the home builder provides an assessment) to determine any structural issues that should be remedied.  

When to File a Claim Against a Home Builder for Defective Work 

You can file a claim against your home builder if they acted negligently. Negligence includes: 

• Failing to follow building codes. 

• Rushing projects by cutting corners. 

• Misrepresenting the home’s condition. 

• Using subpar building materials. 

• Ignoring environmental impact reports. 

Since many new home construction projects have complicated contracts and warranties that favor the builder, it is vital to retain an experienced Orlando construction lawyer to represent you for compensation. Property owners must file a lawsuit within seven years of the project completion date, so you must act quickly once you suspect a defect. 

Boutty Law Firm: Your Orlando Construction Lawyer 

New home construction problems can be complex, but Florida law provides clear ways for homeowners to address these issues and seek compensation. A knowledgeable Orlando construction lawyer will ensure you navigate the nuances of building codes, warranties, mandatory pre-litigation procedures, and critical deadlines. Our team at Boutty Law Firm has over 20 years of experience in construction law. As a certified contractor, we know how to tell normal house settling issues from construction defects. Contact us today to ensure you are adequately compensated for repairs and that your home is safe to inhabit for years to come. Call us at 407-622-1395 or make an appointment online to get started.