Florida is an excellent state for LLCs. No state income tax, low filing fees, and one of the fastest-growing business environments in the US. You can form a Florida LLC in under a week.
This guide walks you through the entire process step-by-step, including costs, timelines, required forms, and common mistakes to avoid.
Step-by-Step Guide to Forming a Florida LLC
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Choose Your LLC Name
Your Florida LLC name must:
- Include "Limited Liability Company," "LLC," "L.L.C.," or "Ltd. Liability Co."
- Be distinguishable from existing Florida businesses
- Not contain restricted words (bank, insurance, trust) without approval
- Not imply government affiliation (FBI, Treasury, State Department)
Check name availability: Florida Business Name Search (Sunbiz)
💡 Pro Tip: Florida allows name reservations for 120 days ($35 fee). Useful if you're not ready to file immediately but want to secure your name. -
Appoint a Registered Agent
Florida requires every LLC to have a registered agent—a person or company authorized to receive legal documents on behalf of your business.
Requirements:
- Must have a physical Florida address (no P.O. boxes)
- Must be available during normal business hours (Mon-Fri, 9 AM-5 PM)
- Can be yourself, a partner, or a professional service
- Must accept service of process and legal documents
Cost: $0 if you act as your own agent. Professional services cost $100-300/year.
⚠️ Privacy Note: Your registered agent's address is public record. If you value privacy, consider using a professional registered agent service instead of your home address. -
File Articles of Organization
This is the official document that creates your LLC. You'll submit it to the Florida Division of Corporations.
Required information:
- LLC name
- Principal office address
- Mailing address
- Registered agent name and Florida street address
- Effective date (immediate or future date)
- Management structure (member-managed or manager-managed)
- Name and address of person filing (organizer)
How to file:
- Online: Florida Sunbiz (fastest, 5-7 business days) — $125
- Mail: Send completed form to Division of Corporations (7-10 business days) — $125
- Expedited (24-hour): $25 additional fee (online only)
Filing Fee: $125 (non-refundable)
File Online via Sunbiz -
Create an Operating Agreement
While not legally required in Florida, an Operating Agreement is highly recommended. It defines ownership percentages, profit distribution, management structure, and procedures for adding/removing members.
Why you need it:
- Protects your limited liability status
- Prevents disputes between members
- Required by most banks to open a business account
- Overrides Florida default LLC statutes (gives you control)
- Shows you're operating as a legitimate business (important for IRS)
💡 Pro Tip: Even if you're a single-member LLC, create an Operating Agreement. It strengthens the legal separation between you and your business, which is critical for liability protection. -
Get an EIN (Employer Identification Number)
An EIN is like a Social Security number for your business. You need it to open a bank account, hire employees, and file taxes.
How to get it: Apply free online at the IRS website. Takes 10 minutes, receive immediately.
Cost: $0 (free from the IRS)
⚠️ Scam Alert: Third-party services charge $50-200 for EIN applications. Don't pay. The IRS does this for free. -
File Annual Report (Due Every Year)
Florida requires all LLCs to file an annual report by May 1st each year. Your first report is due between January 1 and May 1 of the year following formation.
What's included:
- Principal office address
- Mailing address
- Names and addresses of managers/members
- Registered agent information
Filing fee: $138.75 (due annually)
How to file: Online through Florida Sunbiz
⚠️ Important: Failure to file your annual report by May 1st results in a $400 late fee. Miss it by too long and Florida will administratively dissolve your LLC. -
Obtain Business Licenses & Permits (If Needed)
Florida doesn't require a general state business license, but you may need:
- Sales tax permit: If selling taxable goods/services (free from Florida Department of Revenue)
- Professional licenses: Contractors, real estate agents, therapists, etc.
- Local business tax receipt: Required by most Florida cities/counties ($50-500 depending on location)
- Zoning permits: If operating from home or specific location
- Health permits: Restaurants, salons, childcare facilities
Check with your city/county clerk's office and the Florida Department of Revenue for specific requirements.
Complete Cost Breakdown
| Item | Cost | When Due |
|---|---|---|
| Articles of Organization | $125 | At filing |
| Name Reservation (optional) | $35 | Before filing (if desired) |
| EIN (Federal Tax ID) | $0 | Anytime |
| Annual Report | $138.75 | Annually by May 1 |
| Local Business Tax Receipt | $50-500 | Varies by city/county |
| TOTAL (First Year) | $263.75+ | — |
| TOTAL (Year 2+) | $138.75/year | — |
Note: Optional costs like registered agent services ($100-300/year), expedited filing ($25), and professional licenses (varies) are not included.
Timeline: How Long Does It Take?
| Step | Time Required |
|---|---|
| Choose name and check availability | 15 minutes |
| Complete Articles of Organization | 20-30 minutes |
| State processing (online filing) | 5-7 business days |
| State processing (24-hour expedited) | 1 business day |
| Create Operating Agreement | 1-2 hours |
| Get EIN from IRS | 10 minutes (instant online) |
| TOTAL (standard filing) | 7-10 days |
Common Mistakes to Avoid
1. Missing the May 1st Annual Report Deadline
This is the #1 mistake Florida LLC owners make. Set a recurring calendar reminder for April 1st each year. The $400 late fee is painful, and chronic late filing can result in dissolution.
2. Not Getting a Local Business Tax Receipt
Most Florida cities and counties require this (formerly called "occupational license"). It's not the same as your LLC formation. Check with your local government or you could face fines.
3. Using Your Home Address as Registered Agent
Your registered agent address is public record and searchable on Sunbiz. If you value privacy, use a professional registered agent service or office address instead of your home.
4. Forgetting to Register for Sales Tax
If you sell taxable goods or services in Florida, you MUST register for a sales tax permit BEFORE your first sale. Operating without one carries serious penalties. Register free at the Florida Department of Revenue website.
5. Assuming LLC Formation = Business License
Forming an LLC doesn't give you permission to operate in all industries. Contractors, real estate agents, healthcare providers, and many other professionals need additional state licenses.
Do You Need a Lawyer?
Short answer: No.
Forming a Florida LLC is straightforward. The Sunbiz system is user-friendly, and the forms are simple.
When you might want a lawyer:
- Complex ownership structures (multiple members with varying equity)
- High-risk industries (construction, healthcare, finance)
- Significant startup capital or investor involvement
- International business operations
- You want custom Operating Agreement provisions
Typical lawyer cost: $500-1,500 for LLC formation services.
Florida LLC Checklist
Print this checklist and check off each item as you complete it:
- Choose LLC name and verify availability on Sunbiz
- Appoint a registered agent
- File Articles of Organization online ($125 fee)
- Create an Operating Agreement
- Apply for EIN with the IRS (free)
- Register for sales tax permit (if applicable)
- Obtain local business tax receipt from your city/county
- Open a business bank account
- Set calendar reminder for annual report (due May 1 each year)
- Obtain any required professional licenses for your industry
Frequently Asked Questions
Can I form a Florida LLC if I don't live in Florida?
Yes. You can form a Florida LLC from any state or country. However, you'll need a registered agent with a physical Florida address. Many non-Florida residents use Florida LLCs for privacy and tax advantages.
What's the difference between member-managed and manager-managed?
Member-managed: All LLC owners (members) make day-to-day decisions. Most common for small businesses where all owners are actively involved.
Manager-managed: Members appoint one or more managers to run the business. Used when some members are passive investors or when you want centralized management.
Do I need to publish a notice in a newspaper?
No. Unlike some states (New York, Arizona), Florida does NOT require newspaper publication when forming an LLC.
Can I use a P.O. Box as my business address?
You can use a P.O. Box for your mailing address, but your registered agent MUST have a physical Florida street address. Your principal office address should also be a physical location.
How is a Florida LLC taxed?
By default, LLCs are "pass-through" entities—profits pass through to your personal tax return. Single-member LLCs are taxed as sole proprietorships. Multi-member LLCs are taxed as partnerships. You can also elect S-corp or C-corp taxation if beneficial. Florida has NO state income tax.
What if I miss the annual report deadline?
You'll pay a $400 late fee if filed after May 1st. If you don't file for an extended period, Florida will administratively dissolve your LLC. If dissolved, you can apply for reinstatement, but it's costly and time-consuming.
Do I need an Operating Agreement if I'm the only member?
While not legally required, YES—you should have one. It separates you personally from your LLC (critical for liability protection), helps with banking relationships, and shows the IRS you're operating a legitimate business.
Can I change my registered agent later?
Yes. You can change your registered agent anytime by filing a Registered Agent Designation form online through Sunbiz. There's no fee for the change.
What Happens After Your LLC Is Approved?
Once the Florida Division of Corporations approves your LLC, you'll receive:
- Certificate of Status (proof of LLC existence)
- Document number (your official Florida LLC identification)
Next steps:
- Open a business bank account using your EIN and LLC documents
- Register for sales tax permit (if applicable) at Florida Department of Revenue
- Get local business tax receipt from your city or county
- Get business insurance (general liability, professional liability, etc.)
- Obtain required professional licenses for your industry
- Set up accounting (separate business finances from personal)
- Mark your calendar for annual report (due May 1 every year)
Additional Resources
- Florida Sunbiz - Division of Corporations
- Florida Department of Revenue - Tax Information
- IRS - LLC Tax Information
- IRS - Apply for EIN (Free)
- MyFlorida.com - Business Portal
Information verified with Florida Division of Corporations and IRS guidelines.