How to Form an LLC in Florida

Learn the steps to form an LLC in Florida – from choosing your name to filing your Articles of Organization. $1 + $125 state fee. Start today.

Table of Contents

Ready to Get Started?

Start your U.S. business journey today. Form your company with confidence and let Brio handle the paperwork.

Table of Contents

Florida LLC at a glance

Filing fee: $125 (Articles of Organization, including the $25 registered agent designation)
Processing time: About 5 business days for online filings; 3-4 weeks by mail
State agency: Florida Department of State, Division of Corporations (Sunbiz)
Annual report due: May 1 every year ($138.75), starting the year after formation. Filing late adds a $400 penalty that can’t be waived; no initial report is required.
State tax rate: No state income tax on pass-through income; statewide sales tax is 6% plus local surtaxes, and no general state business license is required

Ready to Get Started?

Start your U.S. business journey today. Form your company with confidence and let Brio handle the paperwork.

How to form an LLC in Florida

Forming an LLC in Florida takes 5 steps: choose and check your business name, appoint a Registered Agent with a physical Florida address, file Articles of Organization online or by mail, draft an operating agreement, and get an Employer Identification Number (EIN) from the IRS. The state filing fee is $125.

Why form an LLC in Florida

Florida has no state income tax on individuals, so profits that pass through your LLC to you aren’t taxed by the state — one of the strongest tax advantages in the country. An LLC gives you personal liability protection and pass-through taxation without the administrative overhead of a corporation — a combination that works well for most Florida entrepreneurs.

Florida also keeps ongoing requirements simple: there’s no franchise tax, no general state business license, and no publication requirement — just one annual report each year to keep your records current. That light compliance load, plus a large and growing market, is why Florida is one of the most popular states in the country to start a business.

Step 1: Choose your LLC name

Unlike some states, Florida doesn’t require you to reserve your name before filing — you simply claim it when you file your Articles of Organization. If you’re not ready to file yet, you can optionally reserve a name for 120 days by sending a signed letter to the Department of State with a $25 fee — there’s no online form for it, so most people just file instead.

Your LLC name must be distinguishable from other registered businesses in Florida and must include a designator like “Limited Liability Company,” “LLC,” or “L.L.C.” Check the Division of Corporations’ business name database on Sunbiz before you file to avoid a rejection.

Step 2: Appoint a registered agent

Every Florida LLC must have a registered agent — a person or entity designated to receive legal notices and government documents on behalf of the business. The agent must have a physical street address in Florida (a P.O. box doesn’t count), be available during regular business hours, and sign the Articles of Organization to accept the designation.

You can serve as your own registered agent if you have a physical Florida address and can be there during business hours. Many business owners use a professional registered agent service instead — it keeps your personal address off public records and ensures someone is always available to receive documents.

Step 3: File your Articles of Organization

The Articles of Organization is the document that legally creates your Florida LLC. You file it with the Florida Division of Corporations through its Sunbiz portal. Online filing is the fastest option — processing typically takes about 5 business days. You can also mail a paper form, which takes 3-4 weeks including mail time.

The Articles must include your LLC’s name, its principal office and mailing addresses, and your registered agent’s name, Florida street address, and signature accepting the designation. At least one authorized representative signs the filing. The state filing fee is $125, which includes the $25 registered agent designation.

Step 4: Create an operating agreement

Florida doesn’t require you to file an operating agreement with the state, but you should have one. It’s the internal document that defines how your LLC is managed — who owns what, how profits are distributed, and how decisions get made. Without one, Florida’s default LLC statutes fill in the gaps, which may not reflect what you actually want.

Your operating agreement should specify whether the LLC is member-managed or manager-managed. In a member-managed LLC, all owners share day-to-day authority. In a manager-managed LLC, a designated manager handles operations while other members retain economic rights. A written agreement is the version that holds up when disputes arise.

Step 5: Get your EIN

An Employer Identification Number (EIN) is a 9-digit federal tax ID issued by the IRS. Your Florida LLC needs one to open a business bank account, hire employees, and file federal taxes. Applying online at irs.gov is free and issues your EIN immediately after you complete the application.

To use the IRS online application, the responsible party must have a valid Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN), and the business must have its principal place of business in the United States. The IRS does not charge a fee for issuing an EIN.

Ongoing compliance in Florida

Florida LLCs file one report with the Division of Corporations: an Annual Report, due between January 1 and May 1 each year on Sunbiz. It costs $138.75 and simply confirms or updates your LLC’s records — it’s not a financial statement. Your first report is due the calendar year after your LLC is formed.

Miss the May 1 deadline and Florida adds a $400 late fee that by law can’t be waived; fail to file by the third Friday of September and the state administratively dissolves your LLC. There’s no general state business license, but if you sell taxable goods or services you’ll need to register with the Florida Department of Revenue to collect sales tax.

Frequently Asked Questions

The required Florida state fee is $125 to file the Articles of Organization — $100 for the filing itself plus a $25 registered agent designation fee. A certified copy ($30) and certificate of status ($5) are optional, and the Annual Report costs $138.75 each year after that. There’s no additional state fee to get your EIN; the IRS issues EINs for free.

Yes. Florida allows a single person to form and own an LLC – this is called a single-member LLC. You can complete the Articles of Organization filing online through the Sunbiz portal without an attorney. You’ll still need to appoint a registered agent with a physical Florida address, but that can be yourself if you qualify.

No. Florida charges a $125 Articles of Organization fee – that’s a required state fee you can’t avoid. What you can avoid is paying extra for formation help. We handle your Florida LLC filing for $1; you only pay the required state fees.

Yes – every Florida LLC files an Annual Report with the Division of Corporations, due between January 1 and May 1 each year. It costs $138.75, and your first one is due the year after your LLC is formed. File even one day late and the state adds a $400 penalty that by law can’t be waived; LLCs that still haven’t filed by the third Friday of September are administratively dissolved.

Yes, every Florida LLC is required to have a registered agent. A registered agent is a person or entity that receives legal notices and official government documents on behalf of your LLC. The agent must have a physical street address in Florida (not a P.O. box) and be available during regular business hours. You can serve as your own registered agent or use a professional service.

The mistakes that come up most often are missing the May 1 Annual Report deadline (a $400 late fee the state won’t waive), using a P.O. box for the registered agent address (not allowed), submitting Articles without the registered agent’s signature accepting the designation, and not having a written operating agreement. A lot of business owners also forget that everything in the filing – including addresses – becomes a public record on Sunbiz.

Online filings through the Sunbiz portal are typically processed in about 5 business days – filings are worked strictly in the order received, and Florida doesn’t offer expedited processing. Paper filings by mail take 3-4 weeks including mail time, and can take longer during the busy season early in the year. If speed matters, file online.

Explore more state guides

Thinking about another state? Compare Wyoming, Delaware, Texas and California — or browse all 50 state guides.

Start Your
Business Today

From formation to compliance, we handle the details so you can focus on what you do best.