How to Form an LLC in Florida, Step by Step
Updated 2026-10-27
Disclosure: We may earn a commission if you use some services we mention. It doesn't change what we recommend.
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:
- "Limited Liability Company"
- "LLC"
- "L.L.C."
(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:
- The agent must have a physical street address in Florida. A P.O. box doesn't count.
- You, a co-owner, or another individual can serve as the agent.
- The LLC can't be its own registered agent.
- The agent must sign the filing to accept the role.
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
- [ ] Search Sunbiz to confirm your name is available
- [ ] Pick a registered agent with a Florida street address
- [ ] File Articles of Organization ($125 required)
- [ ] Apply for a free EIN at IRS.gov
- [ ] Open a business bank account
- [ ] Set a reminder to file the annual report between January 1 and May 1
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
- Florida Division of Corporations: Florida Limited Liability Company
- Florida Division of Corporations: Instructions for Articles of Organization
- Florida Division of Corporations: LLC Fees
- Florida Division of Corporations: File Annual Report
- IRS: Get an employer identification number
- IRS: Limited liability company (LLC)
- SBA: Launch your business
- FinCEN: Beneficial Ownership Information
Want a second set of eyes? Book a free 30-minute Operations Checkup.