Fees
Florida LLC formation costs
$125 to form + $138.75 annual report = ~$264 first-year cost (before registered agent service)
| Fee | Amount | Notes |
|---|---|---|
| Articles of Organization filing fee | $100 | One-time state filing fee payable to the Florida Division of Corporations through Sunbiz.org. No expedite fee — online filings are processed same-day. |
| Registered agent designation fee | $25 | Included in the Articles of Organization filing. If using a commercial RA service, the service's annual fee (typically $50–$150/yr) is separate and paid directly to the RA. |
| Annual Report fee (Year 2+) | $138.75/year | Due by May 1 each year. Late penalty of $400 applies after May 1. Failure to file by September 30 triggers administrative dissolution. |
| Name search | Free | Sunbiz.org name-availability search is free and public. No name reservation option in Florida. |
| EIN application | Free | IRS Form SS-4 — free online at irs.gov/ein. No state fee. |
Affiliate slot
Form your LLC with a service
LLC formation services — Bizee primary placement.
Requirements
What you need to know before filing
- Name must contain 'LLC', 'L.L.C.', or 'Limited Liability Company' — no other designators accepted by the Florida Division of Corporations.
- A registered agent physically located in Florida (or a registered FL business entity) must be named in the Articles of Organization.
- Articles of Organization must be filed electronically through Sunbiz.org — paper filings are accepted but take significantly longer.
- An Operating Agreement is not required to file but is strongly recommended to define member rights, profit splits, and dispute resolution.
- EIN (Employer Identification Number) from the IRS is required to open a business bank account and for tax filing purposes, even for single-member LLCs.
- Annual Report must be filed by May 1 each year ($138.75 fee) to avoid administrative dissolution by September 30.
- Florida does not impose a state income tax on LLCs; the entity's income passes through to members' personal returns at the federal and FL level.
- Foreign LLCs (formed in another state but operating in FL) must register as a foreign LLC with the FL Division of Corporations — separate form and $125 fee.
Documents
What you'll need to file
- Articles of Organization (Form LLC-1) — filed through Sunbiz.org. Requires LLC name, principal address, registered agent name and FL street address, and at least one organizer's name/signature.
- Registered agent acceptance — the RA must consent to serve; Sunbiz captures this within the Articles filing form (checkbox/signature).
- Operating Agreement — not filed with the state, but document internally before or immediately after filing. Single-member LLCs still benefit from a written OA to reinforce liability separation.
- IRS SS-4 (EIN Application) — completed online at irs.gov/ein after the LLC is formed. Print the EIN confirmation letter for bank account opening.
- Business bank account documentation — bank will require the EIN, Articles of Organization filing confirmation, and OA (most banks require OA even if not state-mandated).
- Statement of Information equivalent: Florida uses the Annual Report form, first due by May 1 of the year following formation.
Registered agent
Who receives legal mail for your LLC
Required in every state. Florida requires a physical FL street address.
- Required?
- Yes
- Who can serve
- Florida resident age 18+ with a FL street address, or a registered FL business entity
- Can I serve myself?
- Yes
- Commercial RA cost
- ~$125/yr
Serving as your own RA places your home address on the public Sunbiz record, where it is indexed by search engines and accessible to anyone. Commercial RA services ($50–$150/yr) maintain your privacy and ensure legal mail is never missed.
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Need a registered agent?
Commercial RA service — Northwest Registered Agent placement.
Process
How to form a LLC in Florida
Sequential — each step gates the next.
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Search and reserve your LLC name on Sunbiz Go to search.sunbiz.org to confirm your desired name is available. The name must include 'LLC', 'L.L.C.', or 'Limited Liability Company' and must not be confusingly similar to an existing FL entity. Florida does not offer name reservation — file promptly once you confirm availability.
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Appoint a Florida registered agent Designate a registered agent who has a physical FL street address (no PO boxes) and is available during normal business hours. You can serve as your own RA if you have a FL street address, but this places your home address on the public Sunbiz record. Commercial RA services ($50–$150/yr) keep your personal address private.
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File Articles of Organization through Sunbiz Create a Sunbiz account at efile.sunbiz.org and complete Form LLC-1 online. You will need the LLC name, principal place of business address, registered agent information, and organizer signature. Pay the $125 state fee ($100 filing + $25 RA designation) by credit card. Online filings are typically approved same business day.
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Draft an Operating Agreement Although not required by Florida statute, an OA is essential for multi-member LLCs and strongly recommended for single-member LLCs. A minimal OA should address: membership percentages, voting rights, profit and loss allocation, member admission/exit rules, and dissolution procedure. Keep the signed OA with your LLC records — banks will request it.
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Obtain an EIN from the IRS After your Articles are approved (you will receive a filing confirmation with the document number), apply for an EIN at irs.gov/ein. The online application takes under 15 minutes and provides the EIN immediately. Print and save the EIN Confirmation Letter (CP 575).
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Open a business bank account Bring your EIN Confirmation Letter, Sunbiz filing confirmation (Articles + document number), photo ID, and your Operating Agreement to the bank. A separate business account is the single most important step to maintaining the LLC's liability shield — co-mingling personal and business funds is the most common piercing-the-corporate-veil risk for single-member LLCs.
Annual obligations
What your LLC owes every year
Year-2+ costs most formation guides omit.
| Obligation | Due date | Fee | Consequence if missed |
|---|---|---|---|
| Annual Report | May 1 each year (January 1 filing window opens) | $138.75 | Administrative dissolution if not filed by September 30. $400 late penalty after May 1. |
Provenance
Statute basis & official sources
Last verified 2026-05-01.
FL Statutes Ch. 605 (Florida Revised LLC Act, effective 2015); F.A.C. Ch. 1N-1 (Division of Corporations administrative rules); IRS Rev. Rul. 77-137 and subsequent guidance on single-member LLC tax treatment.
Direct filing portal: https://efile.sunbiz.org/llcfilings.html
If you skip the LLC
- Operating as a sole proprietor with no LLC means unlimited personal liability — a business debt or lawsuit can reach your personal assets (home, savings, car).
- Without an LLC, the business name is not protected in Florida; another entity can register the same name as an LLC and force a rebrand.
- Sole proprietors and general partnerships are taxed on self-employment income at the same rates, but lose the flexibility to elect S-corp tax treatment (available to LLCs) once revenue justifies it.
- Banks, payment processors, and commercial landlords commonly require an EIN and formal business entity for account opening and lease execution — operating informally creates friction at each of these checkpoints.
- Failure to file the Annual Report by September 30 causes administrative dissolution; reinstating a dissolved Florida LLC requires a $100 reinstatement fee plus the overdue annual report fee.
Formation context
Who should form in Florida?
- Recommended for
- Florida residents forming a business operating primarily in FL; Small business owners in Miami-Dade, Broward, or Palm Beach counties; Freelancers and sole proprietors looking to formalize and separate personal liability
- Tax treatment (default)
- Pass-through by default: single-member LLCs are disregarded entities (Schedule C); multi-member LLCs are treated as partnerships (Form 1065). Can elect S-corp status (Form 2553) once payroll justifies it.
If you live outside Florida but are forming here to take advantage of FL's low fees and no franchise tax, note that you will likely need to register as a foreign LLC in your home state as well — usually eliminating the cost advantage. Form in the state where you actually do business.
No publication requirement in Florida — unlike New York or Nebraska, you do not need to publish notice in a newspaper after filing.
FAQ
Common Florida (Miami) LLC formation questions
How long does it take to form an LLC in Florida?
Online filings through Sunbiz are processed same business day — often within a few hours. After approval, apply for an EIN online at irs.gov/ein, which is issued immediately. A prepared filer can have an active Florida LLC with EIN in under 2 hours total.
Does Florida require a registered agent for an LLC?
Yes. Florida requires every LLC to maintain a registered agent with a physical FL street address (no PO boxes) who is available during normal business hours. You can serve as your own RA if you have a FL street address, but your address becomes part of the public Sunbiz record. Commercial RA services ($50–$150/yr) keep your personal address private and handle legal mail.
Does Florida have an annual LLC fee or franchise tax?
Florida does not have a franchise tax or state income tax on LLC income. The only recurring obligation is the Annual Report ($138.75/yr), due by May 1 each year. This is significantly lower than California's $800 minimum franchise tax or New York's publication requirement.
Should I form my LLC in Florida or Delaware?
For most small businesses operating in Florida, form in Florida. Delaware's advantages (Court of Chancery, investor familiarity) apply primarily to venture-backed startups or multi-entity structures. If you form in Delaware but operate in Florida, you will need to register as a foreign LLC in Florida anyway — paying both states' fees and annual obligations. The net cost advantage of Delaware evaporates for a typical Miami-based small business.
Does Florida require an Operating Agreement for an LLC?
Florida does not require an Operating Agreement to be filed with the state. However, FL Stat. § 605.0105 explicitly permits members to adopt an OA, and courts look to the OA first when resolving member disputes. Single-member LLCs especially need a written OA to demonstrate the entity is being treated as separate from the individual owner.
Can I be my own registered agent in Florida?
Yes, if you have a FL street address. Your address will appear on the public Sunbiz record and in the annual report. If privacy or professional appearance is a concern, commercial RA services start around $50/yr and are available in all FL counties.
What is the annual report requirement for a Florida LLC?
All active Florida LLCs must file an Annual Report between January 1 and May 1 each year ($138.75 fee). A $400 late penalty applies after May 1. Failure to file by September 30 results in administrative dissolution. The Annual Report is not a financial statement — it just updates the registered agent, principal address, and member/manager information on the Sunbiz record.
Not sure yet?
Should I form an LLC?
Still deciding between an LLC, sole proprietorship, S-Corp, or C-Corp? Our entity-type comparison breaks down formation cost, tax treatment, liability shield, and compliance complexity for all four structures side by side.
LLC vs S-Corp vs Sole Prop vs C-Corp — compare all four →Is a DBA enough?
DBA vs LLC — do you actually need a full LLC?
Already operating as a sole proprietor, or wondering whether a cheap county DBA filing ($10–$100) is enough instead of forming an LLC? A DBA lets you operate under a trade name — but provides zero liability protection. Our DBA vs LLC comparison breaks down exactly when a DBA is sufficient and when you need a state LLC filing.
DBA vs LLC — cost, liability shield & when to upgrade →After you file
Next steps after forming your LLC
Your Articles of Organization are filed — now make your LLC operational. Three actions every new LLC owner needs to take:
§ A Building permits in Florida / Miami
§ B Other states & comparisons
§ C Companion tools
Disclaimer: Informational only — not legal advice. LLC laws change; verify with a Florida business attorney or CPA before filing.