Quick facts about forming an LLC in Florida
| Item | Details |
|---|---|
| Filing Fee | $100 filing fee + $25 registered agent designation fee |
| Certificate of status | $5 |
| Processing Time | Processed in the order received, often within a few business days (third-party estimate) |
| Annual Report Fee | $138.75 |
| Registered Agent Required | Yes, must have a physical address in Florida |
| State Franchise Tax | None for LLCs |
| Business License | Not required statewide, but local permits may apply |
| Managing Authority | Florida Division of Corporations |
How to start a Florida LLC in 5 steps
As an aspiring entrepreneur, you have big plans for launching an LLC in Florida. This process can look dramatically different from one region to the next, so it’s important to know exactly what LLC formation looks like in the Sunshine State.
A Limited Liability Company (LLC) can provide an excellent means of entering the business world at low personal cost while also avoiding personal liability and other potential risks. This versatile option works well for sole proprietors but is also available to business partners or even members who intend to file as corporations. No matter which approach you prefer, these steps will have you on the path to LLC success.
Here are the steps you need to follow to form a Florida LLC:
- Name your Florida LLC
- Choose a registered agent
- File articles of organization
- Create an operating agreement
- Apply for an EIN
Below, you’ll find a detailed explanation to walk you through each step.
Step 1: Name your Florida LLC
The right name can make a world of difference for branding purposes, so it’s crucial that you choose carefully. Your selection will be determined by a variety of factors, including, of course, the availability of your preferred names, which you can check with a Florida business name search.
Unfortunately, several titles that seem ideal for your business may already be used or even trademarked. Your goal: to find something that captures the essence of your business but hasn’t yet been claimed by someone else.
This will also be a good time to check for domain name and social handles availability, to set the ground for your new business’s online presence.
Under Florida law (F.S. 605.0112), your LLC’s name must include one of the following:
- Limited Liability Company
- LLC
- L.L.C.
A professional LLC uses “PLLC,” “P.L.L.C.,” “Professional Limited Liability Company” or “Chartered” instead. Endings such as “LC,” “LCC,” “Ltd.” and “Co.” aren’t valid for a new Florida LLC.
Step 2: Choose a registered agent
Like every state, Florida mandates the use of a registered agent when starting an LLC. This individual or company is authorized to accept official mail on behalf of your business. To qualify, your Florida registered agent must be a Florida resident or an authorized business entity, and must currently have a physical address, not merely a PO box, in the state of Florida.
Keep in mind that, while your business cannot function as its own registered agent, it’s possible for an individual from your LLC to take on this important role. Often, however, the LLC’s manager is selected for this task. Keep in mind, this means that the address of the registered agent will be part of the public record. Otherwise, it’s also possible to work with a legal service that specializes in serving as a registered agent for local LLCs.
As mentioned previously, a fee of $25 will need to be submitted when designating a registered agent with the Division of Corporations. All registered agents (whether initially selected when filing the articles of organization or appointed later on) must sign a statement verifying familiarity with the role’s obligations, as well as the need to provide notice upon resigning.
Step 3: File articles of organization
Once you’ve chosen a name and a registered agent, you should be ready for another important procedure: filing your articles of organization. This is required in the state of Florida, as in most states. If you neglect to file your articles of organization, your business will not yet constitute an LLC according to local laws.
State filing fees
There are many LLC Florida cost factors, such as fees for articles of organization in the state. This is $125 and includes the LLC state filing fee of $100 as well as the registered agent designation fee of $25.
When filing the articles of organization, it is possible, but not required, to obtain a certificate of status for a fee of $5.00. This officially certifies your LLC’s existence. Similarly, a certified, stamped copy can be requested for $30.00.
Requirements
The articles of organization can look quite different from one LLC to the next, but the Division of Corporations advises that this document always includes these key elements:
- The name of the LLC
- The street address for the LLC’s principal place of business
- The mailing address, if it is different from the principal place of business. A PO box is allowed for this address but not for the registered agent
- The name and address of the registered agent
- Optionally, the names and addresses of any managers or authorized representatives
- A signature verifying that the registered agent understands and accepts the obligations outlined in Chapter 605, Section 0113 of the Florida Statutes
- For a PLLC: the professional purpose of the organization. This is permitted, but not required for an LLC
- An effective date on which the LLC’s existence officially begins. If not specified, the effective date will occur as soon as the Division of Corporations receives and files the articles of organization. The date can be up to 5 business days before filing or up to 90 days after. Tip: an LLC formed in October–December can choose January 1 to defer its first annual report
- A physical or electronic signature from an authorized representative
- The $125 filing fee ($100 + $25 registered agent designation).
Be prepared to follow up with Florida annual reports, which must be filed to ensure that your LLC remains active. Without this report, your LLC risks being administratively dissolved.
How to file
You can file your LLC online through Sunbiz (dos.fl.gov/sunbiz) or you can mail the printed Articles of Organization for Florida Limited Liability Company form to the following address:
New Filing Section
Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314
Or by street courier to:
New Filing Section
Division of Corporations
The Centre of Tallahassee
2415 N. Monroe Street, Suite 810
Tallahassee, FL 32303
You must include a cover letter containing your name, address and daytime phone number as well as the form and check or money order payable to the Florida Department of State.
Step 4: Create an operating agreement
Not to be confused with the articles of organization, an operating agreement provides a basic blueprint for your LLC’s governing structure, along with the rights and responsibilities of each member. This legal document can be used to help prevent disputes and provide extra peace of mind.
While operating agreements will vary significantly from one LLC to the next, most will mention the following:
- The names of all LLC members
- Member responsibilities for contributing funds or services
- Voting requirements and procedures
- Profit distributions
Other possible elements to be included in a Florida operating agreement are outlined in detail in Chapter 605, Section 0105 of the Florida Statutes.
Florida doesn’t require a written operating agreement. Under state law (F.S. 605.0102(45)), an operating agreement LLC Florida can be written, oral or implied, and it isn’t filed with the state. That being said, it’s always preferable to complete this document in writing, as this format can have implications for liability protection.
Florida law does outline what an operating agreement can and cannot cover. For example, under Chapter 605 of the Florida Statutes, an operating agreement cannot:
- Change requirements for designating registered agents
- Eliminate good faith and fair dealing obligations
- Alter the capacity of your LLC to sue or be sued in its name
- Restrict the rights of those who aren’t LLC members or managers
Step 5: Apply for an EIN
Most LLCs need an Employer Identification Number (EIN). It’s required if you have employees or more than one member, and banks usually ask for one. This federal tax number is used to identify your business entity.
The EIN is also useful for everything from building credibility to preventing identity theft. It may prove necessary if you try to open a business account or seek approval for a loan.
An EIN can be obtained directly through the IRS. The application must include the name and Social Security Number (or other taxpayer identification number) of the person responsible for the LLC’s management. Known as the “responsible party,” this individual will typically be one of the LLC’s members.
If you prefer, we can handle this essential step so you can focus on other elements of LLC formation. We are happy to streamline the process so that you receive your EIN as quickly as possible. This will ensure that you can take full advantage of it for tax or business banking purposes.
Once your LLC is formed, a few more steps may apply. If you’ll trade under another name, register a Florida DBA (fictitious name). Check which Florida business licenses and permits you need and what they cost, and get a Florida sales tax permit if you sell taxable goods or services. You can also explore Florida small business grants, and if you ever close the business, learn how to dissolve a Florida LLC.
Florida LLC vs. Delaware LLC: Which one is best for you?
Florida is one of the most popular states for LLC formation, and for good reason. If you’re starting a business in Florida, it usually makes the most sense to form your LLC right here. Still, many entrepreneurs hear about Delaware’s reputation and wonder if it might be a better option. Although forming an LLC in Delaware is a strong choice for startups planning to raise venture capital or operate nationally, registering in Florida is often the smarter move for businesses that will be based and operating locally. Here’s a quick comparison to help you decide:
| Aspect | Florida LLC | Delaware LLC |
| Filing Fee | $125 (Articles of Organization) | $110 (Certificate of Formation) |
| Annual Fees | $138.75 (Annual Report) | $300 (Annual Franchise Tax) |
| State Franchise Tax | None for LLCs (only annual report fee) | $300 flat franchise tax for LLCs |
| Privacy | Moderate; member/manager names are public | Good privacy; names disclosed to state but not publicized |
| State Income Tax | No personal income tax; an LLC taxed as a C-corp pays 5.5% corporate income tax | None |
| Ease of Formation | Simple and quick; online filing available | Very easy, especially for corporations and startups |
| Speed of Processing | Processed in the order received, often within a few business days; no expedited service | Very fast (same-day or next-day processing) |
| Ideal For | Florida-based businesses, service providers, real estate | Startups, venture-backed companies, national corporations |
| Business Court System | Standard court system | Court of Chancery (specialized business court) |
| Registered Agent Requirement | Yes | Yes |
For most businesses that operate in Florida, whether it’s a local service, an online store or a real estate venture, forming your LLC in Florida is usually the most cost-effective and convenient choice. Delaware’s legal and investor-friendly reputation is appealing for some companies, especially those planning to grow quickly or raise funding. But unless you’re building a venture-backed startup, the simplicity and savings of staying in Florida generally outweigh the benefits of incorporating elsewhere.
