How to start an LLC in Florida in 2024

Forming a limited liability company (LLC) can help you reduce your business liabilities by separating your entity from your personal financial and legal obligations. To form an LLC in the state of Florida, you need to submit specific documentation and pay several fees. If you’re considering changing to this business structure, here’s what you need to know.

9 Steps to start an LLC in Florida

1. Choose your LLC business name

Before you can get your business name approved, you need to make sure your chosen business name is appropriate for an LLC and is not already taken. 

As you choose your LLC’s name, remember the following requirements: 

• Your LLC name must include “limited liability company” or a shortened or abbreviated version, such as “limited liability” or “LLC.”
• It must be distinguishable from other LLC names within the state of Florida. 
• It cannot contain any words or phrases that imply it is connected to a state or government entity. 

If your chosen business name is already in use in Florida, you may change the name slightly to distinguish it. Changes that will not qualify it as different from the already-used name include: 

• Adding a definitive or indefinite article (such as “the,” “an” or “a”).
• Changing “and” to “&” or vice versa. 
• Changing a word to the singular, plural or possessive form. 
• Adding a punctuation mark.

You can, however, distinguish the name in other ways. These include creatively spelling one of the words within the name or adding “Florida” to the LLC’s name. 

After choosing an appropriate name, you can search records from the Division of Corporations to find out if your LLC’s name is available in Florida. 

Once you’ve verified your name is not already in use, the next step is to reserve the name. To do so, write a letter to the Secretary of State stating the desired name for your LLC as well as your name and address. You will also have to submit a $25 fee with your request. The Secretary of State will investigate to ensure the name is available for use and, if so, will reserve the name for 120 days. If your name has been reserved, you will receive a filing acknowledgment from the Division of Corporations. 

2. Choose a registered agent

A registered agent is a person or entity responsible for accepting government and legal papers and notices (also known as service of process) on behalf of your LLC. In Florida, your business cannot be its own registered agent, but you can choose an individual to serve the role. This can be a manager or owner in your business, for example. Your designated registered agent must meet the following requirements: 

• Have a physical address within the state of Florida.
• Be available at the physical address listed as your registered agent’s address to receive government and other legal notifications during all regular business hours. This means no leaving the office for meals or travel.
• Be at least 18 years of age or older. 

If a person within your company cannot fulfill these requirements, you can hire a registered agent service provider. To find the best registered agent for you, read our Best Registered Agent Services guide.

Your registered agent must sign your articles of organization to be officially designated as such and submit a $25 registered agent designation fee. We will discuss preparing and submitting your articles of organization in step three. 

3. Create and submit your articles of organization

At this point, you need to submit your articles of organization. Submitting your articles of organization is the formation process for your LLC.

They must include:

• Your company’s mailing address.
• The address where business will be conducted (such as your LLC’s office). 
• The name and signature of your registered agent.
• An LLC purpose statement.
• The names and addresses of your LLC’s managers or authorized representatives.
• The date you want your LLC to be formed (called “the effective date”). 
• The signature of your company’s authorized representative. 
• A valid email address the state can use to correspond with you. 

A template for your articles of organization is available on the Division of Corporations website. Before submitting your form, the Florida Divisions of Corporations strongly recommends you have an LLC lawyer look over the document to ensure no additions must be added that are unique to your circumstances. 

You can submit your document via mail or online at SunBiz.org with a $100 fee for filing your articles of organization and a $25 registered agent designation fee. You can pay these fees by check or money order (if filing by mail) or by credit card, debit card or a prepaid Sunbiz e-file account (if filing online). 

4. Get an employer identification number (EIN)

An employer identification number (EIN) is also known as a federal tax identification number and is a form of identifying your LLC before the federal government. It is needed to file taxes and open a bank account (which is required for your Florida LLC). 

To obtain an EIN, you will need the following information: 

• The full name of the person who controls or manages your LLC, including its funds and assets (called the “responsible party”). 
• The Social Security number of the responsible party. 

You can apply online at the IRS website for your EIN for free. Applying online will result in an instant issuance of your EIN. Once you have completed the online process and have received an EIN, you will be given the opportunity to download, save and print your EIN confirmation.

5. Register with the Florida Department of Revenue

If you plan on selling taxable goods or services in Florida, you need to register your LLC with the Department of Revenue. Doing so will help determine the taxes you must pay when running your business.

To register with the Department of Revenue, you need the following information:

• Your business’s legal name.
• Your EIN or, if you are a single-member LLC, your social security number. 
• Your business’ mailing address.
• Your business’ street address.
• The date of first taxable activity at your business.
• Your business type.
• The personal information of all members, directors, officers and managing members of your LLC, including their names, titles, home addresses and the last four digits of their Social Security numbers.
• The number and wages of current or anticipated employees.
• The name of your payroll agent (if you have one) and their address, phone number, email address and federal preparer tax identification number (PTIN). 
• Any tax notices with tax rate information that you’ve received. 
• Any information about benefits paid to employees that you have.

With this information, you can visit the Florida Department of Revenue website to complete a Florida Business Tax Application. The application asks a series of questions to determine your tax obligations and register your LLC at the same time. Once you complete this step, you will receive a business partner number — a unique identifying number for your business with the Florida Department of State that will be used to correspond with you about state tax matters. 

6. Create an operating agreement

An operating agreement overviews the rules that govern your LLC’s operations. While it is not a requirement for forming your Florida LLC, it is strongly recommended that you have one on file. Failing to create and keep one on file could result in your LLC defaulting to state rules regarding how your business operates, which can contradict how you want your company to operate. 

An operating agreement often includes the following information: 

• The names of the LLC’s responsible parties, such as managers and members.
• How profits and losses will be distributed.
• The percentage of each members’ ownership. 
• How the LLC can be dissolved. 
• The duties of each member. 
• The voting rights and responsibilities of each member. 
• The initial contributions of each member. 

Some LLC formation companies offer free operating agreements. Northwest Registered Agent, for example, offers a free and downloadable operating agreement on its website. RocketLawyer also offers a free operating agreement. When you sign up for a free account and fill out its questionnaire, RocketLawyer will fill out the operating agreement for you based on your answers. You can then download it and print it for your records. 

7. Open a bank account 

All Florida LLCs are required to have a bank account in the state of Florida. Having a separate bank account for your LLC helps to maintain the separation of liability between you and your business. Failure to fulfill this requirement will result in the dissolution of your LLC. 

To open an LLC bank account in Florida, you need the following information and documentation: 

• Your LLC’s EIN. 
• The date your business was established. 
• Your LLC’s state and country of formation. 
• The country and state where your business operates. 
• The social security number and date of birth of your LLC’s controlling manager and everyone who has more than 25% ownership of your LLC. 
• Your LLC articles of organization or certificate of formation. 

You may also be required to offer a minimum deposit to open your account and so should be prepared to do so. For example, We Florida Financial requires a minimum deposit of $50 to open a business bank account. To open an LLC bank account, with this information and initial deposit funds, visit a bank of your choice and request to open a business bank account. 

8. Find out what other business licenses you need

Many LLCs in Florida have to apply for other business licenses, depending on the type of business they run. To learn more about the business licenses needed for your type of business, visit Florida Department of Business and Professional Regulation website and choose your business type (such as “real estate” or “hotels and restaurants”). 

9. File your annual reports

To maintain your status as an LLC, you need to file annual reports for your business. Filing is due between January first and May first, starting the year after your LLC’s filing date or, if listed, the effective date. 

To file your report, you need the following information:

• The document number you received when you submitted your articles of organization. 
• Your business name.
• Your LLC’s EIN.
• Your LLC’s physical and mailing address.
• Your registered agent’s name, address and signature.
• The names and addresses of your LLC’s officers, directors, managers and other responsible parties.
• A valid email address for your LLC.

Filing is only accepted online via SunBiz.org and requires a fee of $138.75. A $400 fee applies if you submit your report after May first.

Cost to start an LLC in Florida

Several fees apply to the LLC formation process in Florida. At minimum, they include: 

• $25 to reserve your LLC name. 
• $100 to file your articles of organization.
• $25 to designate your registered agent.
• $138.75 to file your annual report.
• $50 to $100 initial deposit for opening your LLC bank account. 

Note that the state of Florida is currently experiencing delays in processing LLC formation documents. Unlike some states, Florida does not offer expedited filing. You may be able to pay for faster filing if you hire a business formation service like Bizee. 

Find the best LLC services for Florida: Best LLC services of 2023

Florida requirements for LLCs

To maintain your LLC status in Florida, you need to complete the following steps:

• File an annual report. Annual reports must be filed between January first and May first, starting the year of your LLC formation and then annually. 
• Consistently use a registered agent. Your designated registered agent must be kept current and available during all business hours at the address listed as your registered agent. 
• Pay Florida state taxes. All Florida businesses must pay an income/franchise tax (for the privilege of operating a Florida business), wage and sales taxes. You can use the Florida Department of Revenue’s eService website to file yearly taxes. Once you create an account, select “corporate income tax file and pay” to begin the process. 
• Pay federal taxes. All Florida LLCs must pay annual federal taxes. Consult a local tax professional or accountant to learn your obligations and for help filing and paying each year. 

Resources for Florida LLCs

You can go to several agencies for support in starting an LLC in Florida. Here are a few places to get started:

• Open My Florida Business: Access checklists of federal, state and local requirements for your business category, plus a variety of other resources.
• Florida’s Small Business Development Center Network (FLSBDC): Access free business consulting, training and research.
• Florida Women’s Business Center: Access free one-on-one coaching, mentoring, workshops, training and certifications.
• SBDC Florida: Access training, one-on-one consulting and access to business reports and studies. 
• Florida Division of Corporations fees: Learn what fees are associated with your business type and circumstances.
• RocketLawyer’s free operating agreement: Fill out a questionnaire to create a custom operating agreement for your LLC.
• Division of Corporation FAQs: Learn the answers to common questions about starting and maintaining your Florida LLC.

Frequently asked questions (FAQs)

What is an LLC?

A limited liability company, or LLC, is a business structure that can limit the liability of the owner(s). By forming an LLC, business owners can protect their assets and avoid personal liability for business bankruptcy and lawsuits against the business.

Can I set up an LLC for free in Florida?

No, it is not free to set up an LLC in Florida. You have to pay a $100 fee to file your articles of organization (business formation papers) and a $138.75 fee to file your annual report. In addition, you must pay $25 to designate a registered agent and $25 to reserve your business name. You may also need to pay fees for permits and licenses.

You can work with an LLC formation company that handles some or all of these steps for you. For example, Active Filing has a free LLC formation plan (not including state fees) that includes filing your articles of organization, plus one year of complimentary registered agent services.

Do Florida LLCs pay taxes?

Depending on certain details of your business, your LLC may need to file a Florida corporate income/franchise tax return (Form F-1120) and pay state taxes. For guidance on state and federal tax issues, consult with a certified public accountant (CPA), tax attorney or other tax specialist.

Do I need a registered agent in Florida?

You need a registered agent to form and maintain an LLC in Florida. The state allows you to choose an agent and file the required paperwork yourself, or you can hire a registered agent service like InCorp, which handles the process and serves as your registered agent for a fee.

Do Florida LLCs need to file an annual report?

Florida requires LLCs to file annual reports to maintain their business structure. These reports must be submitted online at SunBiz.org, along with the required fee of $138.75 between January first and May first of each year. The fee for late filing is $400.

How do I dissolve an LLC in Florida?

If you have a qualifying reason to dissolve your LLC, you can do so by filing an articles of dissolution form with the Division of Corporations and paying a $25 filing fee.