Form a Florida LLC
Steps to Form a Florida Limited Liability Company
File Articles of Organization
Florida law requires a company to first file a formation document, known as Articles of Organization, with the Division of Corporations. The Division of Corporations charges a $100 filing fee to process this document. Articles of Organization can be filed by mail, fax hand-delivery or online.
Appoint a Registered Agent
Title XXXVI 608.415 of Florida state statutes requires a limited liability company to appoint their Florida registered agent on the Articles of Organization. There is a $25 fee, which should be included with the filing fee above. An agent must maintain a physical street location within the state to accept certified business mail and service of process.
If you hire us, you will have instant access to pre-signed Articles in your online account. These forms are ready to print. You just fill in your portion and mail them in.
Standard processing time to form a Florida LLC online is two days. Mailed submissions can take up to a week.
Write an Operating Agreement
An operating agreement is like a blueprint for the structure and operation of your LLC. It explains who owns what, the breakdown of profits and losses, the management structure, and other administrative issues (such as how new members can be added to the company). While an operating agreement is not legally required, and it is not filed with any government agency, it is a good idea to write one nonetheless.
File Annual Reports
Florida LLC annual reports are due each year between January 1 and May 1 and are filed only online. The first report must be filed in the year following formation. For example: if you form a Florida LLC in June of 2015, your first annual report is due in 2016. The fee is $138.75. A late fee of $400 is assessed if your annual report is filed after May 1.
How Do I Pay For My Florida LLC Filing?
Online filings can be paid for with a major credit card. If you mail your filing, please include a check or money order payable to the Florida Department of State.
Can I Fax My Articles to the Division of Corporations?
Yes. It is possible to fax filings to the Division of Corporations, but you must first setup a Sunbiz E-File Account. A Sunbiz E-File Account is similar to a checking account. You deposit money into the account, and whenever you need to pay for a filing, you can use the money to cover the cost.
A Sunbiz E-File Account has advantages and disadvantages. It allows you to fax any filing straight to the DOC, thus speeding up filing times. But it also requires a $300 minimum investment just to open. If all you intend to do is form a Florida LLC, and you don’t foresee any additional filings in the future, this option really isn’t for you.
Where Do I Send My Formation Documents?
Florida Dept of State
Division of Corporations
PO Box 6327
Tallahassee, FL 32314
Hand Deliver To:
2661 Executive Center Circle
Tallahassee, FL 32301
Do I Hire Your Before or After I File?
Hire us now. Your Articles will not be accepted unless you have appointed a Florida registered agent.
It is also best to hire us beforehand, because we can help you maintain your privacy in Florida. If we handle the filing for you, we can use our name and address on your Articles to keep your private information out of the public record.
Can I Form an LLC to Hold My Assets?
Yes. You can form a Florida LLC to be purely a holding company, which is a business entity that does not conduct any business but which owns assets, property and investments.
How Do I Convert My LLC to a Corporation?
See our Entity Conversion page for information on how this is done.
When I Form a Florida LLC Is My Name Part of the Public Record?
Yes. The Florida Public Records Act requires all business documents filed with government agencies to be made public. If you are interested in forming a private Florida LLC in order to protect your private information, we can help you with that.
How Do You Sign My Articles of Organization?
When you hire us as your FL registered agent, you will find pre-signed Articles in your online account. Or, if filing online, we will supply you with a name to use in the online filing system through Sunbiz.
What Taxes Do Florida LLCs Pay?
An LLC is a pass-through entity, which means members pay taxes on LLC profits on their individual tax returns. There is no state income tax.