Form a LLC in Florida
Everything you need to know about forming a LLC in Florida. Filing fees, requirements, timeline, and step-by-step guidance.
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How to File
Choose and Reserve Your LLC Name
Search the Florida Division of Corporations database at sunbiz.org to confirm your desired name is available and complies with Florida naming rules, including the required 'LLC' or 'Limited Liability Company' designator. You may optionally reserve the name for 120 days by filing a Name Reservation for $25.
30 minutes
Designate a Registered Agent
Appoint a registered agent who has a physical street address in Florida (P.O. boxes are not permitted) and is available during normal business hours to receive legal and official documents on behalf of the LLC. The registered agent can be an individual Florida resident or a business entity authorized to do business in Florida.
15 minutes
File Articles of Organization
Submit the Articles of Organization to the Florida Division of Corporations online via sunbiz.org or by mail, paying the $125 filing fee. The form requires the LLC name, principal place of business address, registered agent name and address, and the name and signature of at least one authorized representative.
30-45 minutes
Draft an Operating Agreement
Although not legally required by Florida law, it is strongly recommended to create an Operating Agreement that outlines ownership percentages, member roles, profit distribution, voting rights, and dissolution procedures. This document governs the internal operations of your LLC and helps protect limited liability status.
2-5 hours
What's Next After Filing
Once your LLC is officially formed, you'll want to complete these important steps:
- •Obtain an EIN from the IRS — Apply for a Federal Employer Identification Number (EIN) from the IRS at irs.gov at no cost, which is required to open a business bank account, hire employees, and file federal taxes. Single-member LLCs without employees may still need an EIN for banking and tax purposes.
- •Open a Business Bank Account — Open a dedicated business bank account using your EIN, Articles of Organization, and Operating Agreement to maintain separation between personal and business finances, which is critical for preserving limited liability protection. Commingling funds is one of the most common ways LLC liability protection is pierced.
- •Obtain Required Licenses and Permits — Register with the Florida Department of Revenue if your LLC will collect sales tax or have employees, and obtain any required local business licenses through your county or city government. Certain professions in Florida require additional state-level licenses through the Department of Business and Professional Regulation (DBPR).
Advantages
- ✓Florida has no state personal income tax, meaning LLC members pay no state-level income tax on pass-through profits, providing significant tax savings compared to high-tax states.
- ✓Florida does not impose a franchise tax or annual fee on LLCs beyond the $138.75 annual report fee, making it one of the more cost-effective states for ongoing LLC maintenance.
- ✓The Florida Division of Corporations offers a streamlined online filing system at sunbiz.org with fast processing times, making formation and annual reporting straightforward and efficient.
- ✓Florida's strong asset protection laws, including robust homestead exemptions and charging order protections, make it a favorable state for LLC members seeking to shield personal assets from business creditors.
Considerations
- •Florida's annual report late fee of $400 is among the highest in the nation, and missing the May 1 deadline can lead to administrative dissolution if not remedied by September.
- •Florida requires a registered agent with a physical in-state address at all times, which can add ongoing costs of $50-$300 per year if using a professional registered agent service.
- •Foreign LLCs doing business in Florida must file for foreign qualification, paying a $125 filing fee plus annual report fees, adding administrative burden for multi-state operations.
Annual Obligations
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