How to Keep Your Business Private in Florida

Business Privacy in Florida

The Florida Public Records Act

The Florida Public Records Act began in 1909 with the passage of Chapter 119 of the Florida State Statutes. The law requires that all records made or received by a public agency be made available to the public when requested.

These records include all business filings made with state, county and local agencies, so any names and addresses you include on those filings (including your Florida business address) will be freely available to the public.

Known as the Sunshine Law, these statutes are not necessarily poor legislation, but it is important to realize that the law is not concerned with how to protect your privacy in Florida. The goal of the law is transparency in government. To protect your identity, business owners need a strategy that works within the law and achieves their goal of true privacy in Florida.

How the Public Records Law Affects Privacy in Florida

To protect your privacy in Florida, it is best to first understand how your privacy is violated.

When you file formation documents with the Division of Corporations, you must list a principal office address or business address. This would be your place of business (or your home, if you work from there). Once filed, your address becomes public information.

Each year, you are required to file an annual report. Florida annual reports require the name of a manager or member. If you are the sole owner of your company and make its controlling decisions, that member or manager is you. Once processed, your name becomes public information.

These documents are entered into the records of the Department of State, and they can be accessed in two ways: through an online business search, or in person at the DOS office. Anyone who knows the name of your company can easily retrieve, read, copy and print these documents whenever they want.

To protect your privacy in Florida, these documents must list something other than your personal information.

How Can I Keep My Information Out of the Public Record?

If you want to protect your identity, you need to hire a professional FL registered agent. If you hire us, we can file your formation documents and use our Florida business address on your filing. To protect your privacy in Florida, this is the first step. It removes your address from the Department of State records.

We can also help you keep your name off your annual report. This requires that you form two Florida limited liability companies, both of which will use our Florida business address. Each LLC will be listed as manager for the other, so when the annual reports are filed, it is the companies that are listed as managers, not you. This is a Private Florida LLC structure, and it will protect your identity if properly maintained.