Accepting Payments Online – Legal Considerations in Florida

2. Florida Legal Context

Influencer marketing is governed by contract law and advertising regulations. Key rules for Florida agreements include:

• Florida Deceptive and Unfair Trade Practices Act (FDUTPA, Ch. 501, Fla. Stat.) – prohibits deceptive or misleading advertising practices.
• Federal Trade Commission (FTC) Endorsement Guides – require influencers to clearly disclose paid partnerships (#ad, #sponsored).
• Intellectual Property Laws – cover rights to photos, videos, and brand logos used in content.
• Employment & Independent Contractor Rules – influencers are usually independent contractors, but agreements must clarify this.
• Payment & Taxes – compensation must comply with IRS reporting rules (1099s for contractors).

Without a written contract, businesses risk non-compliant ads, misuse of intellectual property, or payment disputes.

3. Real-World Application

Examples of influencer contracts in Florida:

• A Miami swimwear company hires an Instagram influencer to promote new products, with an agreement requiring FTC disclosures and ownership of all content created.
• A Tampa fitness coach partners with a sports drink brand under a contract that specifies how many posts, stories, and videos must be published each month.
• An Orlando restaurant works with food bloggers on an influencer campaign, with agreements including non-disparagement and exclusivity clauses.

4. Why It Matters for Business Owners

Influencer marketing is powerful, but without clear agreements, businesses expose themselves to liability.

Why it matters:

• Legal compliance: Prevents violations of FTC disclosure rules and Florida consumer protection laws.
• Brand protection: Controls how your brand is represented online.
• IP rights: Ensures your business owns or licenses influencer-created content.
• Dispute prevention: Clearly defines deliverables, deadlines, and compensation.
• Exclusivity: Prevents influencers from promoting competitors during the campaign.

Common mistakes in Florida influencer campaigns:

• No written contract—leading to disputes over payment or content ownership.
• Forgetting to include FTC disclosure requirements.
• Allowing influencers to post without brand approval.
• Not securing rights to reuse influencer content in future marketing.

5. Real-World Florida Examples

• A Sarasota boutique avoided penalties by requiring influencers to disclose paid partnerships, protecting against FTC enforcement.
• A Jacksonville restaurant won a dispute over unauthorized use of food photos because the influencer agreement gave the business full content rights.
• A Fort Lauderdale tech startup lost money when an influencer promoted a competitor—because no exclusivity clause was in place.

6. How Our Law Firm Can Help

At Black Rock Trial Lawyers, we draft, review, and negotiate influencer agreements that protect your business and ensure compliance. We assist with:

• Drafting influencer agreements tailored to your industry and campaign goals
• Adding FTC-compliant disclosure and advertising terms
• Protecting intellectual property and brand usage rights
• Defining compensation (flat fee, commission, free product, or revenue share)
• Including exclusivity, non-disparagement, and content approval clauses
• Resolving disputes between brands and influencers

We make sure your influencer campaigns are legally safe and strategically effective.

7. FAQs (Frequently Asked Questions)

Q: Are influencer agreements legally required in Florida?
A: While not mandatory, written agreements are strongly recommended to avoid disputes and ensure FTC compliance.

Q: Do influencers in Florida need to disclose paid partnerships?
A: Yes. FTC rules require clear disclosure, even if the payment is free products or discounts.

Q: Who owns influencer-created content?
A: It depends on the agreement. Without a contract, the influencer typically owns the content.

Q: Can I prevent influencers from working with competitors?
A: Yes. An exclusivity clause can limit influencers from promoting competitors during or after your campaign.

Q: Why hire a lawyer for influencer agreements?
A: A lawyer ensures the contract complies with Florida and federal law, protects your brand, and secures rights to influencer-created content.

8. How to Retain Our Law Firm

We offer multiple access points tailored to your needs:

• Flat-Fee Retainers: Set pricing based on project scope (quoted after your consultation)
• 1-Hour Strategy Consultations: A high-impact session to assess your issues, answer questions, and develop a legal roadmap. Pricing starts at $500.00.
• 3-Hour Master Strategy Sessions: A deep dive analysis with detailed, actionable solutions tailored to your business challenges
• Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program (Read below)

All services are available in-person, by phone, or virtually.

9. Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program

Our flagship service is the BELAW Membership – Business & Entrepreneurship Law Advisor Program. This is an exclusive, members-only, 12-month ON-DEMAND legal and business support program at a predictable flat monthly fee, tailored to each business client—regardless of company size.

BELAW is open to business owners, entrepreneurs, for-profit companies, non-profits, and foreign investors. Our members range from startups and nonprofits to established businesses.

At the core of BELAW is our P.O.N.C.E. methodology, developed by Attorney Gil Sanchez, to help businesses not just stay protected—but grow strategically.

What you get with BELAW:

• On demand strategic legal consultations with Attorney Gil Sanchez
• Document review and compliance audits
• Guidance on contracts, leasing, employment, and liability
• Drafting Collection Notices, Cease & Desist Letters and Confidentiality Agreements
• Proactive legal support to mitigate lawsuits and reduce risk exposure
• Strategic input on revenue-generating decisions like expansion, licensing, and joint ventures
• Entrepreneur coaching and a growing library of business education resources
• Litigation retainer and hourly rate discounts

We’re available when you need us—on demand, without hourly billing.

We make it easy to get started:

• Call or text us at (813) 254-1777
• Or fill out the secure contact form below

A member of our team will respond promptly to schedule your consultation.

10. How to Contact Our Law Firm to Retain

We make it easy for you to retain us:

• Call or text: (813) 254-1777
• Email: info@blackrocklaw.com
• Or submit your request using the form below

Our team will promptly follow up to confirm availability and next steps.

11. Who You Are Hiring

When you hire our firm, you’re not just hiring a lawyer — you’re securing the insight, grit, and expertise of Attorney Gil Sanchez.

A proud double Gator, Gil earned both his undergraduate and law degrees from the University of Florida — one of the top public universities in the country. Since 2004, he has built a reputation as a formidable business and trial attorney, successfully trying cases before juries in both Florida state and federal courts.

Gil’s legal practice is deeply informed by real-life experience. He launched his first business at age 13 and has continued to build, lead, and advise companies ever since. He’s a licensed business broker (since 2007), an adjunct professor of entrepreneurship at St. Petersburg College, and a trusted advisor to entrepreneurs, professionals, and business owners across Florida.

He’s also an inventor, author, and public speaker — holding a U.S. utility patent and federal trademark. His invention was featured in TIME Magazine’s Best Inventions of 2023, and his legal insights have appeared on CNN, ABC’s 20/20, and other national platforms. Raised by Colombian parents in West Virginia and fluent in Spanish, Gil brings cultural fluency, resilience, and a fighter’s mindset to every client matter.

Above all, Gil is a devoted family man — happily married and the proud father of three beautiful children. His commitment to family shapes the way he practices law: with empathy, integrity, and a relentless drive to protect what matters most.

At Black Rock Trial Lawyers, you’re not just getting a legal technician — you’re hiring a battle-tested strategist who understands both the courtroom and the real world. That’s who’s fighting for you.

12. The Law Firm’s Geographical Reach

We proudly represent businesses across all counties in Florida. With the power of virtual consultations, online filings, and remote court access, we can support your legal needs anywhere in Florida—without compromising service quality.

Our main office is in South Tampa, Florida, with a satellite office in South Florida – Miramar, Florida.

From Miami to Jacksonville, Pensacola to Key West—Black Rock Trial Lawyers is here to help Florida businesses thrive.

13. Disclaimer

The information provided on this website is for general informational purposes only and is not intended to be, nor should it be construed as, legal advice. Every individual and business matter involves unique facts and circumstances that must be carefully evaluated. Additionally, Florida laws, including statutes and case law, are subject to frequent changes, and the information presented here may not reflect the most current legal developments. For a formal legal opinion or advice specific to your situation, you must consult directly with an attorney at our firm. No attorney-client relationship is formed by viewing this site or by contacting our office through this website.