How to Form an LLC in Florida — 2026 Filing Guide

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.

Renewing or switching? Compare standalone registered agent services — Northwest, Harbor Compliance, Registered Agents Inc., InCorp, and more.

1. Search and confirm 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.
2. 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 address on the public Sunbiz record. Commercial RA services ($50–$150/yr) keep your personal address private.
3. 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.
4. 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.
5. Obtain an EIN from the IRS After your Articles are approved, 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).
6. Check county and city business tax receipt requirements Most Florida counties and incorporated municipalities require a Local Business Tax Receipt (BTR) for businesses operating within their jurisdiction. Fees and requirements vary by county and business type. Check with your county tax collector (e.g., Miami-Dade, Orange, Hillsborough, Duval) before beginning operations.
7. Open a business bank account Bring your EIN Confirmation Letter, Sunbiz filing confirmation, photo ID, and Operating Agreement to the bank. A separate business account is the single most important step to maintaining the LLC's liability shield.

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

Formation context

Who should form in Florida?

Recommended for

Florida residents forming a business operating primarily in FL; Small business owners across Miami-Dade, Broward, Palm Beach, Orange, Hillsborough, and Duval counties; Freelancers, consultants, and sole proprietors looking to formalize and separate personal liability; Out-of-state investors or operators looking for a low-cost formation state with no franchise tax

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. Florida imposes no state income tax and no franchise tax.

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 LLC formation questions

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.

Once your LLC clears ~$80K in annual net profit, an S-Corp election (IRS Form 2553) typically saves $5,000–$15,000/year in self-employment taxes by splitting owner income into a W-2 salary + tax-free distributions. The election is free — Form 2553 has no IRS filing fee. The key decision factors: your net income level, a defensible reasonable-compensation salary, and the 75-day Form 2553 filing window after LLC formation.

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.

Missing your annual report deadline triggers late fees and — if left long enough — administrative dissolution, which voids your LLC's liability shield until reinstated. Know your Florida deadline, fee, and the consequences of missing it.

Also see the LLC annual report requirements hub for state-by-state deadlines, fees, late penalties, and reinstatement rules.

If your LLC opens an office, hires employees, or regularly does business in another state, you must foreign-qualify there — or face fines, back taxes, and loss of standing to sue. Our foreign qualification guide covers when you need it, how to file a Certificate of Authority, and what it costs.

Your Articles of Organization are filed — now make your LLC operational. Four actions every new LLC owner needs to take:

Formation gets your LLC into existence; contracts, trademark protection, operating agreement review, and vendor-document review keep it usable. Compare subscription and per-document legal platforms before you rely on a template or pay a local attorney retainer.

Commingling personal and business funds is the #1 way LLC owners lose their liability shield. A separate business account — in your LLC's legal name, with your EIN — is the foundational act of corporate formality. Mercury, Novo, Bluevine, Relay, and Found open same-day with no monthly fees. Compare online banks vs. Chase and Bank of America.

How you pay yourself depends on your LLC's tax classification — not what you call the transfer. A disregarded single-member LLC pays via owner draw with SE tax on all net profit. An S-Corp-elected LLC splits income between a W-2 salary (FICA applies) and tax-free distributions. Getting this wrong triggers IRS audit risk and SE-tax errors.

Single-member LLCs file Schedule C with their personal Form 1040 (due April 15). Multi-member LLCs file Form 1065 by March 15. S-Corp-elected LLCs file Form 1120-S by March 15. Know your form, your deadline, and the common deductions — home office, vehicle, retirement contributions, and startup costs — before your first April filing.