How to Form an LLC in Florida

Step 1: Choose a Compliant Name

Your Florida LLC's name must contain "limited liability company" or the abbreviation "L.L.C." or "LLC," and it must be distinguishable on the Division of Corporations' records from every other registered name. A difference that's only a suffix, an article like "a" or "the," "and" versus "&," singular versus plural, or punctuation doesn't make a name distinguishable under Florida law. Search the Sunbiz entity database before you commit to a name. Florida does not offer name reservations: the Division of Corporations states plainly that "preliminary name searches and name reservations are no longer available," so there's no way to hold a name before filing.

Step 2: Appoint a Registered Agent

Every Florida LLC must maintain a registered office at a Florida street address, with an agent who is either a Florida resident individual or an entity authorized to do business in Florida, whose own business address matches the registered office; a P.O. box doesn't qualify. A member, manager, or other individual associated with the LLC can serve as the registered agent if they're a Florida resident with a Florida street address, but the LLC itself cannot act as its own registered agent. The agent must sign a statement accepting the appointment as part of the filing.

Step 3: File the Articles of Organization

File Articles of Organization for a Florida Limited Liability Company (Form CR2E047) with the Division of Corporations, either online through Sunbiz e-file or by mailing the paper form to the New Filing Section in Tallahassee. The total fee is $125: $100 for the filing itself and $25 for designating your registered agent, under section 605.0213, Florida Statutes. Optional add-ons include a certified copy of your filed documents for $30 and a Certificate of Status for $5. Florida's dos.fl.gov and sunbiz.org pages don't publish a standard number of processing days, so check Sunbiz directly for current turnaround when you file.

Step 4: Decide Whether to List Managers in the Articles

Florida's form makes listing managers or authorized members in the Articles of Organization optional, but the Division notes that most banks require this information to open a business account, and the Department of Financial Services requires it for workers' compensation purposes. If you plan to open a bank account or hire employees soon after forming, consider including this information at filing rather than amending later.

Step 5: Get an EIN From the IRS

Once the state approves your LLC, apply for an Employer Identification Number from the IRS. It's free directly from the IRS and usually issued immediately through the online application; you'll need your LLC's exact legal name and formation date, so apply after Florida approves your filing, not before.

Step 6: Register for Florida Taxes, If They Apply

Florida has no personal income tax, so profits of a default pass-through LLC aren't taxed at the state level; only an LLC classified as a corporation for tax purposes files Florida's 5.5% corporate income/franchise tax (above a $50,000 exemption) with the Department of Revenue. If you'll sell taxable goods or services, register for a Certificate of Registration (Form DR-11) through the Florida Business Tax Application before your first sale. If you'll hire employees, register separately for reemployment tax with the Department of Revenue.

Step 7: Plan for the Annual Report

Florida requires an annual report every year, filed online only through Sunbiz between January 1 and May 1, for $138.75 ($50 base fee plus an $88.75 supplemental corporate fee). Your first report is due in the year following formation. Missing the May 1 deadline adds a $400 late fee with no provision to waive it, and an LLC that still hasn't filed by 5:00 p.m. Eastern on the third Friday in September is administratively dissolved the following Friday. See our Florida LLC guide for the complete state-specific requirements, including the annual report, taxes, and registered agent rules in one place.

Operating Under a Different Name

If you want to do business under a name other than your LLC's legal name, Florida calls this a Fictitious Name Registration. Before registering, you must advertise the name at least once in a newspaper in the county of your principal place of business; registration then costs $50 and lasts through December 31 of the fifth calendar year, renewable for another $50.

There's No Grace Period on the Name Check

Because Florida doesn't reserve names, another applicant can file a similar or identical name between the time you search Sunbiz and the time you submit your Articles of Organization. File promptly once you've confirmed availability, and have a backup name ready in case your filing is rejected for a name conflict.

The $400 Late Fee Has No Exceptions

Florida's statute and Sunbiz's own guidance are explicit that there's no provision to waive the $400 annual report late fee. Set a reminder well before May 1 each year rather than relying on a notice from the state, since missing the deadline is expensive and, if repeated, can lead to administrative dissolution.

Listing Managers Affects More Than the Filing Itself

Since banks and the Department of Financial Services may ask for the information Florida makes optional on the Articles of Organization, decide early whether you'll need it for banking or workers' compensation purposes, rather than discovering the gap when a bank asks for documentation you don't have.

A DBA Takes Extra Lead Time

Because Florida requires a newspaper advertisement before you can register a Fictitious Name, budget extra time, not just the $50 fee, if you plan to operate under a different name than your LLC's legal name.

This Is General Information, Not Legal or Tax Advice

Florida's statutes and fee schedule can change, and your specific situation, such as whether you need a professional LLC or how a corporate tax election affects you, depends on your facts. Confirm current requirements directly with Sunbiz, and talk to a tax professional about your specific tax classification.