How to Start an LLC in Florida
Forming an LLC in Florida costs $125 in state filing fees, paid to the Florida Division of Corporations (Sunbiz). Here is the full process, the real costs and the Florida-specific rules most guides skip.
What it costs
| Item | Cost | Required? |
|---|---|---|
| State filing fee (Florida Division of Corporations (Sunbiz)) | $125 | Yes, one time |
| Annual report | $138.75 | Yes, recurring |
| Registered agent service | $100–$200 / year | Optional (you can be your own) |
| EIN from the IRS | Free | Yes, for banking and taxes |
| Operating agreement | Free–$200 | Strongly recommended |
Step by step
Choose and check your LLC name
Your name must be distinguishable from existing Florida entities and include "LLC" or "Limited Liability Company". Search availability for free on the Florida Division of Corporations (Sunbiz) website before you fall in love with a name.
Appoint a registered agent
Required by law: a person or company with a physical street address in Florida, available during business hours to receive legal mail. You can be your own agent if you live in the state; most founders who value privacy or don't live there use a service ($100 to $200 per year).
File your formation documents ($125)
File Articles of Organization (in some states called a Certificate of Formation) with the Florida Division of Corporations (Sunbiz). Standard processing: about 5 business days online. This is the step that legally creates the LLC.
Get your EIN from the IRS (free)
The Employer Identification Number is your LLC's federal tax ID, needed for bank accounts, hiring and tax filings. The IRS issues it free. If the LLC's principal place of business is in the US and the responsible party has an SSN or ITIN, the IRS online application issues the number immediately (one EIN per responsible party per day). Owners without an SSN or ITIN, including most non-US founders, cannot use the online tool: they file Form SS-4 by fax (about 4 business days), by mail (about 4 weeks) or, for international applicants, by phone at 267-941-1099. Details and the exact numbers are in our non-resident guide. Never pay a service just for an EIN.
Create an operating agreement
Florida does not legally require an operating agreement, but banks, investors and courts expect one, and it is the document that protects your limited liability if ownership is ever disputed.
Handle ongoing compliance
Florida requires an annual report of $138.75. Calendar it the day your LLC is approved, missing it risks late fees and eventually administrative dissolution.
Every Florida fee, itemised
| Item | Amount | When |
|---|---|---|
| Articles of Organization filing fee | $100 | At formation |
| Registered agent designation (mandatory, paid with the Articles) | $25 | At formation |
| Total to form | $125 | |
| Certified copy of the Articles (optional) | $30 | If a bank or lender asks |
| Certificate of status (optional) | $5 | If a bank or lender asks |
| Annual report | $138.75 | Every year, January 1 to May 1 |
| Late fee if the annual report is filed after May 1 | $400 | Added automatically |
| Reinstatement after administrative dissolution | $100 plus each missed annual report | If you let it lapse |
| Fictitious name (DBA) registration | $50 | Only if trading under another name |
Scenarios: a Florida resident acting as their own agent pays $125 in year one and $138.75 a year after. A remote owner using a registered agent service pays roughly $225 to $325 in year one and $240 to $340 a year after. Miss May 1 once and that year costs $538.75. Source: Sunbiz LLC fee schedule.
The May 1 deadline, explained properly
- Your first annual report is due the calendar year after formation. Form in 2026 and the first report window is January 1 to May 1, 2027.
- The window opens January 1. File early; nothing is gained by waiting, and Sunbiz is slow in the last week of April.
- The $400 late fee is set by statute and Sunbiz states it cannot be waived. The Department of State announces the exact deadline and rules each year.
- An LLC that still has not filed by late September is administratively dissolved. Reinstating it costs $100 plus every missed annual report fee, and the name is not protected in the meantime.
- The annual report is not a tax return and asks for no financial figures; it confirms addresses, registered agent and the people authorised to manage the LLC.
Florida details most guides skip
- Processing: online Sunbiz filings usually post within a few business days; the e-file page shows the date currently being processed. Mailed filings take longer.
- Public record: the Articles and each annual report list a principal address, a mailing address and at least one person authorised to manage the LLC. Florida is not a privacy state. A PO Box is not accepted as the principal address.
- Taxes: Florida has no personal income tax, so profits from an LLC taxed as a pass-through are not taxed by the state. The 5.5% corporate income tax applies only if the LLC elects to be taxed as a corporation. Register with the Department of Revenue for sales and use tax if you sell taxable goods or services.
- Local licences: most counties and many cities require a business tax receipt before you operate, on top of the state filing. Check your county tax collector.
- Operating agreement: not required by Chapter 605, but banks and courts expect one, and a multi-member LLC without one falls back on the statute's default rules.
- Registered agent: must sign an acceptance on the Articles and have a Florida street address open during business hours. You can be your own agent if you meet that.
Should a Florida resident form in Wyoming or Delaware instead?
Usually no. A business run from Florida is doing business in Florida, so a Wyoming or Delaware LLC would have to register in Florida as a foreign LLC ($125) and file the Florida annual report ($138.75) anyway, on top of the other state's fees. Florida already has no personal income tax, so there is no tax to escape. The exceptions are the ones that apply everywhere: investors who insist on Delaware, or a holding structure your accountant designed.
Mistakes we see with Florida LLCs
- Missing May 1 and paying $400 for a report that costs $138.75.
- Forming in another state "for privacy" and then paying Florida's fees anyway.
- Listing a PO Box or a virtual office as the principal address and having the filing rejected or the mail returned.
- Skipping the county business tax receipt and getting a notice months later.
- Selling taxable goods without a Florida sales tax registration.
- Choosing a name only "kind of" different from an existing Florida entity; Florida requires it to be distinguishable on the record.
Official Florida links
Already missed May 1? See the $400 late fee, dissolution and reinstatement.
Florida LLC: frequently asked questions
How much does it cost to start an LLC in Florida?
The state filing fee is $125, paid to the Florida Division of Corporations (Sunbiz). Ongoing state cost: $138.75. Optional costs include a registered agent service (typically $100 to $200 per year) if you don't act as your own.
How long does it take to form an LLC in Florida?
Typical processing time: about 5 business days online. Many states offer paid expedited options if you need the LLC approved faster. The clock starts when the Florida Division of Corporations (Sunbiz) receives your filing.
Do I need a registered agent in Florida?
Yes. Every Florida LLC must continuously maintain a registered agent with a physical street address in the state to receive legal and official mail. You can serve as your own agent if you have a Florida address and are available during business hours, or hire a commercial registered agent service.
What happens if I miss the Florida annual report?
The report costs $138.75 and missing the deadline typically triggers late fees, loss of good standing and eventually administrative dissolution of the LLC. Reinstatement is possible but costs more than filing on time.
When is my first Florida annual report due?
In the calendar year after formation, between January 1 and May 1. An LLC formed in 2026 files its first annual report in early 2027 and pays $138.75. From May 2 the state adds a $400 late fee automatically.
Can Florida's $400 late fee be waived?
No. The fee is set by statute and Sunbiz states it cannot be waived. The only way to avoid it is to file between January 1 and May 1.
I live in Florida. Should I form my LLC in Wyoming or Delaware?
For a business run from Florida, usually not. You would have to register the out-of-state LLC in Florida as a foreign LLC and file Florida's annual report anyway, so you pay two states. Florida has no personal income tax, so there is nothing to save.
Not sure whether Florida fits your situation?
Before you choose a filing package, talk through your business, location and goals with a real setup specialist. Get a clear formation roadmap at no cost and with no purchase obligation.
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Compare with other states
Fees and rules last reviewed September 2026. State fees change; always confirm with the Florida Division of Corporations (Sunbiz) before filing. This guide is general information, not legal or tax advice.