How to Form an LLC in Florida
Form Your LLCFlorida LLC at a glance
Why form an LLC in Florida?
Florida is one of the most business-friendly states in the country. There's no personal income tax, which means LLC members who take pass-through income don't owe state income tax on their share of profits. That's a meaningful advantage for sole proprietors and small business owners who would otherwise pay state income tax on every dollar they earn.
The state also has a large and growing economy, a broad consumer base, and a relatively low cost of doing business compared to other major states. Florida doesn't require LLCs to publish a formation notice in a newspaper — a requirement that adds cost and delay in states like New York and Arizona.
For most entrepreneurs starting a business in Florida, an LLC is the right structure. It separates your personal finances from your business, limits your personal liability, and doesn't require the formality of a corporation.
How to form an LLC in Florida step by step
Forming a Florida LLC takes 6 steps. The process is handled through the Florida Division of Corporations — known as Sunbiz — and can be completed online at dos.fl.gov or by mailing a paper Articles of Organization form. Most business owners file online because it's faster and you get confirmation right away.
Step 1: Choose a name for your Florida LLC. Your business name must include 'Limited Liability Company,' 'LLC,' or 'L.L.C.' It must be distinguishable from other registered businesses in Florida. You can search existing names at Sunbiz before you file.
Step 2: Choose a registered agent. Every Florida LLC must have a registered agent with a physical street address in Florida — a P.O. box doesn't count. The registered agent must be available during regular business hours to accept legal notices and official documents on behalf of your LLC. You can serve as your own registered agent, or use a commercial registered agent service.
Step 3: File your Articles of Organization. This is the formation document that officially creates your LLC. File it online through Sunbiz or by mail to the Florida Division of Corporations. The Articles of Organization require your LLC name, principal place of business address, registered agent name and Florida street address, and the name and signature of the organizer.
Step 4: Pay the $125 state filing fee. Florida accepts credit card, debit card, and electronic check for online filings. If you file by mail, include a check payable to the Florida Department of State.
Step 5: Create an operating agreement. Florida doesn't legally require an operating agreement, but having one protects your LLC's limited liability status and sets clear rules for how the business runs. It's especially important if you have multiple members.
Step 6: Get an Employer Identification Number (EIN). An EIN is your LLC's federal tax ID, issued by the IRS. You'll need one to open a business bank account, hire employees, and file federal taxes. You can apply for an EIN at no cost at irs.gov.
How much does it cost to form an LLC in Florida?
The state filing fee to form an LLC in Florida is $125, paid to the Florida Division of Corporations. That's the only required state fee to get your LLC formed. Florida also offers expedited processing for an additional fee if you need faster turnaround — the standard processing time is [PROCESSING_TIME].
After formation, Florida LLCs must file an annual report each year by May 1. The annual report fee is $138.75 for most LLCs. Missing the May 1 deadline triggers a $400 late fee, so it's worth putting that date on your calendar from day one.
If you use a registered agent service, expect to pay $[REGISTERED_AGENT_FEE] per year. That's an ongoing cost, but it keeps your personal address off public records and ensures you don't miss important legal notices.
Florida LLC requirements and considerations
Florida has a few requirements that are worth knowing before you file. The registered agent rule is the one that catches people off guard most often — you can't use a P.O. box, and the address must be a physical Florida street address where someone is available during business hours. If you move or change your registered agent, you need to update that information with the state.
Florida LLCs don't have a publication requirement, which saves time and money compared to states that require you to announce your formation in a local newspaper.
Your LLC's principal place of business address goes on the Articles of Organization. This can be your home address, a commercial office, or a virtual office address — but it becomes part of the public record. If you'd prefer to keep your home address private, a registered agent service or a commercial address can help.
Florida doesn't impose a franchise tax or a minimum annual tax on LLCs, unlike states like California (which charges an $800 minimum franchise tax regardless of income). That makes Florida's ongoing compliance costs lower than many other states.
If your LLC is formed in another state but does business in Florida, you'll need to register as a foreign LLC with the Florida Division of Corporations. The filing fee for foreign LLC registration is $125.
Frequently asked questions
How long does it take to form an LLC in Florida?
[PROCESSING_TIME] is the standard processing time for a Florida LLC filed online through Sunbiz. Florida offers expedited processing options for an additional fee if you need your LLC formed faster. Filing online is generally faster than filing by mail, and you'll receive confirmation through the Sunbiz portal once your Articles of Organization are approved.
Do I need a registered agent to form an LLC in Florida?
Yes. Every Florida LLC must have a registered agent with a physical street address in Florida. The registered agent must be available during regular business hours to accept legal notices and official documents. You can serve as your own registered agent if you have a Florida street address, or you can use a commercial registered agent service.
The registered agent's name and Florida street address must appear on your Articles of Organization. If you change your registered agent after formation, you'll need to file an update with the Florida Division of Corporations.
Does Florida require an operating agreement for an LLC?
No. Florida doesn't legally require an LLC to have an operating agreement. But having one is worth doing regardless. An operating agreement sets out how your LLC is managed, how profits are split, and how decisions get made — and it helps protect your limited liability status if your business is ever challenged in court.
For single-member LLCs, an operating agreement also reinforces that your business is a separate legal entity from you personally.
Can I form a Florida LLC online?
Yes. Florida lets you file your Articles of Organization online through the Sunbiz portal at dos.fl.gov. Online filing is the fastest option and accepts credit card, debit card, and electronic check. You can also file by mail, but online filing is the more common choice because you get confirmation faster.
The state filing fee is $125 either way.
Does Florida have an annual report requirement for LLCs?
Yes. Florida LLCs must file an annual report each year by May 1 to stay in good standing. The annual report fee is $138.75. If you miss the May 1 deadline, a $400 late fee applies. The annual report is filed through Sunbiz and updates your LLC's registered agent, principal address, and member or manager information.
Does Florida tax LLCs?
It depends on how your LLC is taxed. Florida has no personal income tax, so LLC members who receive pass-through income generally don't owe state income tax on their share of profits. Florida does have a 5.5% corporate income tax, but LLCs taxed as sole proprietorships or partnerships — the default for most LLCs — are not subject to it.
If your LLC elects to be taxed as a C corporation, the 5.5% corporate income tax applies. A tax professional can help you figure out which tax classification makes sense for your situation.
Ready to form your Florida LLC?
We handle your Articles of Organization, file with the Florida Division of Corporations, and include your first year of registered agent service — all for $0 + the $125 state fee. You focus on your business. We'll take care of the paperwork.