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How to Form an LLC in Florida, Step by Step

Updated 2026-10-27

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This article is general information, not legal or tax advice. Talk to a licensed professional about your situation.

A limited liability company (LLC) is a popular way to set up a small business in Florida, and you can file it yourself online through Sunbiz, the Florida Division of Corporations website. Here's each step in order, with the state's current fees.

Before you start: is an LLC the right fit?

The SBA says an LLC generally protects owners' personal assets from business debts and lawsuits while letting profits pass through to personal tax returns. That protection has limits, and there's a yearly state fee. Still deciding? Read our sole proprietor vs. LLC comparison first.

Step 1: Pick a name and check that it's available

Florida requires your LLC name to be distinguishable from names already on the Division of Corporations' records. Search the Sunbiz records by name before you file.

Your name must end with one of these:

(Professional LLCs use "PLLC" or a similar ending.)

Don't treat the name as approved until the state sends a filing acknowledgment.

Step 2: Choose a registered agent

Every Florida LLC needs a registered agent: the person or business that accepts legal papers (called "service of process") for the company. According to the state's instructions:

Some owners use a commercial registered agent service so they don't have to list a home address. Everything on your filing becomes public record on Sunbiz.

Step 3: Gather your information

The Articles of Organization ask for:

Item Notes
LLC name Must include an LLC ending (see Step 1)
Principal office address A street address
Mailing address Can be a P.O. box
Registered agent name, address and signature Florida street address
Managers or authorized representatives Optional, but banks and other agencies may want them listed
Effective date Optional (see the tip below)
Correspondence email Where your confirmation is sent

Step 4: File the Articles of Organization and pay the fee

File online at Sunbiz with a card, or mail the printed form with a check or money order. The state's fees:

Fee Amount
Articles of Organization (filing fee) $100.00
Registered Agent Designation $25.00
Required total $125.00
Certified copy (optional) $30.00
Certificate of status (optional) $5.00

Fees can change, so confirm the current amounts at the Sunbiz LLC fee page before you file.

Timing tip: Forming between October 1 and December 31 but not starting until the new year? The state suggests a January 1 effective date, which pushes your first annual report back a year.

Online filers get an emailed confirmation with the document number. Save it.

Step 5: Get a free EIN from the IRS

Banks usually ask for an Employer Identification Number (EIN). The IRS says to form your LLC with the state first, then apply. Applying online is free, and approved applicants get the number right away. As the IRS puts it, "You never have to pay a fee for an EIN." Form SS-4 is the fax or mail option.

Step 6: Understand how your LLC is taxed

By default, the IRS treats a single-member LLC as a "disregarded entity" (profit goes on the owner's personal return) and a multi-member LLC as a partnership. Either can file Form 8832 to be taxed as a corporation. S corporation status is a separate election; ask a tax professional whether it fits.

Step 7: Write an operating agreement

You don't file it with the state, but the SBA recommends one. It spells out ownership, decision-making, and what happens if an owner leaves.

Step 8: Put the annual report on your calendar

Every Florida LLC must file an annual report each year to stay active. It's a quick update of your company information, not a financial statement.

Annual report detail What the state says
Filing window January 1 to May 1
LLC fee $138.75
Filed after May 1 A $400 late fee applies (total $538.75)
Not filed by the third Friday in September The LLC is administratively dissolved at the close of business on the fourth Friday of September

Your first report is due in the calendar year after your LLC's filing (or effective) date.

A note on federal BOI reporting

Older articles may say every new LLC must file a beneficial ownership (BOI) report. FinCEN now says U.S. companies are exempt: a March 2025 interim final rule removed the requirement for companies created in the U.S., and a final rule issued August 11, 2026 made that exemption permanent. Check fincen.gov/boi for the current rule, and ignore mail asking you to pay for a BOI filing.

Quick checklist

FAQ

Can I form a Florida LLC without a lawyer or a filing service? Yes, you can file yourself online or by mail. The state does recommend legal review of your documents, and some owners pay a formation service for convenience, but neither is required.

How much does it cost to form a Florida LLC? The required state fees are $125. The certified copy ($30) and certificate of status ($5) are optional. The annual report is $138.75 a year if filed by May 1.

What happens if I miss the May 1 annual report deadline? A $400 late fee applies. Miss the third Friday in September and the LLC is administratively dissolved; reinstatement costs more than filing on time.

Sources


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