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How to Form an LLC in Florida (7 steps)

Forming an LLC in Florida can be completed online or by mail with the Division of Corporation. Online filings may take around 10 days to process, while paper filings can take at least two weeks.
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Filing Fees

  • Domestic: $125 (online); $125 (paper)
  • Foreign: $125 (online); $125 (paper)[1]

How to Form an LLC

1. Find a Business Name


Use the Florida Division of Corporation’s business search engine to check whether your desired business name is already being used. The search results will provide a list of similar business names that already exist. Go through the list to make sure your proposed name is still available.


State law requires that the name of your company contain the words “limited liability company” or the abbreviation “L.L.C.” or “LLC.”[2]

2. Designate a Registered Agent

State law requires that every corporation, including domestic and foreign LLCs, appoint a registered agent to act as the official point of contact for the business. This may be a Florida resident or an authorized entity whose business address is identical to the address of the registered office.[3]

3. Register the LLC

There are two ways to apply for the registration of your LLC: online or by mail.


Option 1: File Online

Go to efile.sunbiz.org to access the state’s e-Filing system.

Be sure to review the filing information before proceeding.


In addition to the effective date of the filing, indicate whether you would like to order a Certificate of Status and a Certificate of Copy. Below that, enter your desired LLC name.


If your business’s mailing address is different from the principal place of business, enter the mailing address information below.


The signature can be typed by the registered agent or on behalf of the registered agent with their permission.


You must be a member or an authorized representative of the business to complete this section.


You can add up to six individuals in this section. To make any changes after the initial filing, it will cost $25.


After reviewing and submitting the document, enter your payment information to pay the filing fee of $125. You can either pay with a credit card or use a Sunbiz e-File account.


Option 2: File By Mail

Fill out one of the forms below. Mail the completed document to the listed address with an enclosed payment.


Articles of Organization for Florida Limited Liability Company – For in-state entities.

Filing fee: $125 check made payable to the “Florida Department of State.”
Mailing address: New Filing Section, Division of Corporations, P.O. Box 6327, Tallahassee, FL 32314


Application by Foreign Limited Liability Company in Florida – For out-of-state entities.

Filing fee: $125 check made payable to the “Florida Department of State.”
Mailing address: New Filing Section, Division of Corporations, P.O. Box 6327, Tallahassee, FL 32314

4. Obtain an EIN


Apply for an Employer Identification Number (EIN) using one of the above methods. An EIN is a unique nine-digit number assigned to each business for tax and other purposes.

5. Write an Operating Agreement

Although an operating agreement is not required for LLCs in Florida, it is recommended that one be created to ensure that all members are on the same page.


LLC Operating Agreement

Download: PDF, MS Word, OpenDocument

 

 

 

6. Choose a Tax Classification 

Below are the most common types of LLC tax classification:

  1. LLC – By default, an LLC is either a sole proprietorship (one member) or a partnership (two or more members). Each owner or partner must individually pay income tax on the profits.
  2. S-Corporation – An S-corp sends all business profits and losses to the shareholders, who must pay income tax on the profits. To file as an S-corp, an LLC must file IRS Form 2553 within 75 days of formation.
  3. C-Corporation – A C-corp files taxes as a separate corporate entity. To file as a C-corp, an LLC must file IRS Form 8832 within 75 days of formation.

7. File Annual Report

Both domestic and foreign LLCs are required to file an annual report with the Division of Corporation every year between January 1 and May 1.[4]

It can be filed online for a fee of $5. Any late filings will incur a penalty fee of $400.[5]