EDUCATION: What is an Operating Agreement

Web: www.JonesHealthLaw.comPhone: (305)877-5054Instagram: @JonesHealthLawFacebook: @JonesHealthLawYouTube: @JonesHealthLawWhen starting a Limited Liability Company (LLC) in Florida,an operating agreement is strongly recommended but not legallyrequired under the Florida Revised Limited Liability Company Act under Chapter605 of the 2025 Florida Statutes.What is an Operating Agreement?An operating agreement is a writtendocument that essentially serves as the LLC’s Constitution, or governingdocument. An operating agreement prevents default statutory rules from applyingand helps avoid disputes. The operating agreement should align with theArticles of Organization and reflect the specific needs of the business.Before drafting an operating agreement, membersof an LLC should consider the purpose, membership structure, and managementstructure of the LLC. The purposes of an LLC may be broad for flexibility ornarrow for liability or conflict control concerns. The membership structureshould identify a single or multi-member structure and/or identify differentclasses of membership interests (for example: economic, voting rights, etc.).The management structure default for LLC’s is member-managed, unless otherwisespecified. Some members may prefer manager-managed or board-managed structures,but can specify that distinction in the operating agreement.The Department of Justice defines methadone asa synthetic narcotic, dispensed in tablet, oral solution, or injectable liquidform. Methadone is legally used to treat narcotic addiction and relieve severepain, often in individuals who have cancer or terminal illnesses.  A methadone clinic is a facility that providesmedication-assisted treatment (MAT) for individuals with opioid use disorders(OUDs), and the clinic specifically uses methadone as part of the treatmentplan.