How to Start an LLC in Florida (2026 Step-by-Step Guide)

How to Start an LLC in Florida (2026 Step-by-Step Guide)

Some links on this website may be affiliate links. If you purchase through them, we may earn a commission at no extra cost to you.

To start an LLC in Florida, you file Articles of Organization with the Florida Division of Corporations through its Sunbiz portal and pay the $125 state fee. Online filings are typically approved within a few business days. After that, you create an operating agreement, get an EIN from the IRS, and open a business bank account — and your LLC is ready to operate.

There is no citizenship or residency requirement: US founders and non-US founders follow the same formation steps, with a couple of extra federal filings for foreign owners explained below. The two things that trip people up are choosing the wrong state to form in and forgetting Florida’s annual report, which carries a steep $400 late fee if you miss the May 1 deadline.

This guide covers the real costs, each step in order, realistic timelines, and the compliance deadlines that keep your Florida LLC in good standing.

Table of Contents

Why Form Your LLC in Florida?

If your business operates in Florida, form your LLC in Florida. This is the home-state rule, and it settles the “should I form in Wyoming or Delaware instead?” question for most people. If you have a Florida office, storefront, employees, or you deliver services in person there, Florida expects your business to be registered in Florida. Forming in another state and then operating in Florida means registering there as a “foreign LLC” anyway — a filing that costs the same $125 as forming in Florida directly — plus annual reports in both states. You save nothing and double your paperwork.

Forming at home also comes with genuine Florida advantages:

  • No state personal income tax. A standard LLC is a pass-through entity, and Florida does not tax pass-through income at the state level. Florida’s corporate income tax applies to C corporations, not to a typical LLC’s owners.
  • A large local market. Florida is one of the largest state economies in the US, with strong tourism, real estate, e-commerce, and services sectors — a practical base if your customers are there.
  • Straightforward online filing. Sunbiz handles formation, records searches, and annual reports in one system.

For non-US founders: you can own 100% of a Florida LLC without US citizenship, residency, or a Social Security Number. Your principal business address can be outside Florida (even outside the US). The only Florida presence you must maintain is a registered agent with a physical Florida street address, which Step 2 covers.

How Much Does It Cost to Start an LLC in Florida?

The state fee is fixed, and it’s one of the few numbers in business formation that doesn’t come with surprises. Here’s the full picture:

Item Cost Required?
Articles of Organization (filed on Sunbiz) $125 ($100 filing fee + $25 registered agent designation) Yes
Registered agent service $0 if you serve as your own; paid services vary — check current pricing An agent is required; hiring one is optional
EIN from the IRS Free Practically yes — banks and tax filings require it
Operating agreement Free if you draft it yourself Not filed with the state, but strongly recommended
Certified copy of your Articles $30 Optional
Certificate of status $5 Optional
Annual report (every year after formation) $138.75 per year Yes

So the minimum do-it-yourself cost to form is $125, and the ongoing cost of keeping the LLC active is $138.75 per year for the annual report.

If you’d rather not handle the filing yourself, a formation service can prepare and submit everything for you. Registered Agents Inc forms Florida LLCs for $100 + state fee, and the package includes the state filing, a domain name, a website, and your first year of registered agent service free — which also solves the registered agent requirement in Step 2 without a separate signup.

Step-by-Step: How to Start an LLC in Florida

Step 1: Choose a Name for Your Florida LLC

Your LLC’s legal name must contain “Limited Liability Company,” “LLC,” or “L.L.C.” It also has to be distinguishable from every other business name already on record with the Division of Corporations. Before you file, search the entity name database on Sunbiz to confirm your name (and close variations) isn’t taken. Florida doesn’t let you reserve a name in advance — the name is only locked in once your Articles are filed — so file soon after you’ve settled on an available name.

If you’ll operate publicly under a different name (a brand name, for example), you’ll register that separately as a fictitious name with the state. Pick a name that also works as a domain, since your website, invoices, and bank paperwork will all repeat it.

Step 2: Appoint a Florida Registered Agent

Every Florida LLC must maintain a registered agent at all times. The agent:

  • Has a physical street address in Florida (P.O. boxes are not accepted)
  • Is available during normal business hours to accept legal documents and official notices
  • Signs a written acceptance of the role, which becomes part of your Articles of Organization

An individual owner can serve as their own agent if they have a Florida street address and are reliably available during business hours. The LLC itself cannot be its own agent. There are two downsides to being your own agent: your address goes on the public record, and if you’re served with a lawsuit while you’re away from home, you may not learn about it in time to respond.

Non-US founders, and anyone without a Florida address, need a commercial registered agent — it’s a legal requirement, not an upsell. If you form through Registered Agents Inc, the first year of registered agent service is included free with the $100 + state fee formation, so this step is taken care of automatically.

Step 3: File Articles of Organization on Sunbiz

This filing is what legally creates your LLC. You file online through Sunbiz (the Division of Corporations’ filing system) or by mail. The fee is $125: $100 for the Articles of Organization and $25 for the registered agent designation. You’ll need:

  • The LLC name
  • Principal office street address and mailing address (may be outside Florida)
  • Registered agent name, Florida street address, and signed acceptance
  • Names and addresses of the managers (if manager-managed) or authorized members
  • The organizer’s name and signature
  • An optional effective date, if you don’t want the LLC to start immediately

One timing trick worth knowing: if you’re filing in October, November, or December, you can specify a January 1 effective date (up to 90 days after filing). Because your first annual report is due the calendar year after your effective year, a January 1 start can push your first $138.75 report out by a full year.

Once approved, download your filed Articles from Sunbiz and note your entity’s document number — you’ll need it for your annual report and records changes.

Step 4: Create an Operating Agreement

Florida never asks you to submit an operating agreement, but don’t skip it. It’s the internal rulebook covering who owns what percentage, how members vote, how profits are split, whether the LLC is member-managed or manager-managed, and what happens if a member leaves or the company dissolves. Without one, Florida’s default LLC statute decides those questions for you.

Even single-member LLCs benefit: banks frequently ask for the operating agreement when you open an account, and it documents that the LLC is genuinely separate from you personally — which supports the liability protection you formed the LLC for in the first place.

Step 5: Get an EIN

Your Employer Identification Number (EIN) is your LLC’s federal tax ID. It’s free from the IRS — never pay a third party just to submit the basic application.

  • US founders with an SSN can apply online and get the EIN immediately.
  • Non-US founders without an SSN or ITIN complete Form SS-4 and fax or mail it to the IRS (mark the SSN field as “Foreign”). There’s no online option in this case, and processing takes several weeks, so apply as soon as your Articles are approved — the EIN is usually the bottleneck for foreign founders, not the state filing.

Banks require an EIN to open your business account, and you’ll need it for tax filings, so keep the IRS confirmation letter (CP 575) safe.

Step 6: Open a Business Bank Account and Handle Local Requirements

With your filed Articles, EIN confirmation, and operating agreement in hand, you can open a business bank account. Traditional banks often want owners to appear in person; many non-US founders instead use online-first US business banking platforms that allow remote onboarding with a passport. Either way, keep business and personal funds completely separate from day one — commingling is one of the fastest ways to undermine your liability protection.

Two Florida extras to check for your specific business:

  • Sales tax: if you sell taxable goods or certain services in Florida, register with the Florida Department of Revenue (Form DR-1) to collect sales tax.
  • Local business tax receipt: many Florida counties and cities require one for operating locally. Check your city and county websites.

How Long Does It Take to Form a Florida LLC?

Florida processes filings in the order received and does not offer an expedited service. As a general guide:

  • Online (Sunbiz): typically approved within about 1–3 business days
  • By mail: typically about 5–7 business days, plus mailing time each way
  • Processing slows down during the January–May annual report season; the Division publishes current processing dates on Sunbiz if you want to check the live queue

So a US-based founder can usually go from filing to a bank account in about one to two weeks. For non-US founders, the state filing is the fast part — budget extra weeks for the EIN by fax and for bank onboarding, and apply for both as early as possible.

Florida LLC Annual Report: The Deadline You Can’t Miss

Florida’s ongoing compliance is simple but unforgiving. Every LLC must file an annual report on Sunbiz each year between January 1 and May 1 (by 11:59 p.m. ET on May 1). Key facts:

  • Fee: $138.75 per year
  • First report: due the calendar year after formation — an LLC formed in 2026 files its first report between January 1 and May 1, 2027
  • Late fee: filing after May 1 adds an automatic $400 late fee, bringing the total to $538.75. This fee is set by statute and is not waived for honest mistakes
  • Dissolution: if you still haven’t filed by 5:00 p.m. ET on the third Friday in September, Florida administratively dissolves your LLC. A dissolved LLC can lose bank access, contracts, and liability protection
  • Reinstatement: possible, but you’ll pay a reinstatement fee (currently $100) plus $138.75 for every missed report

The annual report is a records update, not a tax return — it confirms your addresses, registered agent, and managers with the state. File in January to get it out of the way, and put a recurring calendar reminder on May 1 with a wide margin.

Mistakes to Avoid When Starting a Florida LLC

  1. Forming in another state while operating in Florida. You’ll pay to register as a foreign LLC in Florida on top of your formation state, plus two states’ annual filings. Form where you operate.
  2. Missing the May 1 annual report deadline. One day late costs $400; five months late can dissolve your company. This is the most expensive routine mistake Florida owners make.
  3. Using your home address as the registered office. The registered agent’s address is public. A registered agent service keeps your personal address off the record.
  4. Skipping the operating agreement. Florida’s default rules then govern ownership disputes, profit splits, and exits — rarely the way you’d have chosen yourself.
  5. Mixing personal and business money. Paying business expenses from a personal account (or vice versa) weakens the separation that protects your personal assets.
  6. For foreign owners: forgetting the federal filings. A foreign-owned single-member LLC generally must file IRS Form 5472 with a pro-forma Form 1120 every year, even with zero US income. The IRS penalty for failing to file Form 5472 starts at $25,000 per year, so treat this as seriously as the formation itself — verify current IRS rules or have a professional handle it.

FAQ

How much does it cost to start an LLC in Florida?

The state filing fee is $125 ($100 for the Articles of Organization plus $25 for the registered agent designation). That’s the full DIY cost. Optional extras are a certified copy ($30) and a certificate of status ($5). Keeping the LLC active costs $138.75 per year for the annual report.

How long does it take to form a Florida LLC?

Online filings on Sunbiz are typically approved within about 1–3 business days; mail filings take roughly 5–7 business days plus transit time. Florida offers no expedited option, and processing can slow during peak season. Getting your EIN and a bank account adds time — especially for non-US founders applying for an EIN by fax.

Can a non-US resident start an LLC in Florida?

Yes. There is no citizenship, residency, or US address requirement to own a Florida LLC, and foreign founders can own 100% of the company. You must appoint a registered agent with a physical Florida street address, and you’ll apply for your EIN by fax or mail using Form SS-4. Note the annual federal Form 5472 filing obligation for foreign-owned single-member LLCs.

Does Florida tax LLC income?

Florida has no state personal income tax, and a standard pass-through LLC doesn’t pay Florida corporate income tax either (that tax applies to C corporations). Owners report the LLC’s income on their own tax returns according to their situation. Sales tax and payroll-related registrations can still apply depending on what your business does.

Can I be my own registered agent in Florida?

Yes, if you’re an individual with a physical Florida street address and you’re available during business hours to receive documents. The LLC itself can’t serve as its own agent. Many founders hire a service instead to keep their address off the public record and to avoid missing a delivery — if you form with a service like Registered Agents Inc, the first year of registered agent service is included.

What happens if I miss the Florida annual report deadline?

Filing after May 1 adds an automatic $400 late fee, making the report $538.75. If you still haven’t filed by the third Friday in September, the state administratively dissolves your LLC. You can reinstate it by paying the reinstatement fee plus every missed annual report, but operating while dissolved puts your contracts, banking, and liability protection at risk.

Conclusion

Starting an LLC in Florida is one of the more founder-friendly processes in the US: a $125 Sunbiz filing, approval in a few business days, no state personal income tax, and only one annual obligation — the $138.75 annual report due by May 1. Follow the steps in order (name, registered agent, Articles, operating agreement, EIN, bank account) and the whole formation is straightforward for US and non-US founders alike.

If you’d rather have the paperwork handled for you, Registered Agents Inc will form your Florida LLC for $100 + state fee, including the state filing, a domain name, a website, and your first year of registered agent service free — a practical shortcut, especially if you don’t have a Florida address for the registered agent requirement. Either way, file your Articles, calendar that May 1 deadline, and your Florida LLC will stay in good standing year after year.

This article is general educational information, not legal or tax advice. Florida fees, forms, and IRS procedures change over time — verify current requirements with the Florida Division of Corporations and the IRS, and consult a qualified attorney or tax professional about your specific situation.

Some links on this site may be affiliate links — if you purchase through them, we may earn a commission at no extra cost to you. Find out more.
Scroll to Top