Start an LLC in Florida

How to Start an LLC in Florida

1. Name Your Florida LLC

   To register a limited liability company in Florida, you’ll need to name your LLC and include that name in your articles of organization. There are some key rules and requirements for naming your Florida LLC:

   First, you have to include one of the following in your business name:

   Limited Liability Company
   LLC
   L.L.C.

   Second, your LLC’s name must be distinct from the name of any active business in Florida. You can do a Florida business search through the Florida Department of State’s Sunbiz website to determine whether a particular business name is available for use.

   Lastly, certain words are restricted

   Your business name cannot contain the name of a government agency (FBI or CIA, for example)
   Certain words are restricted and typically require additional documentation (lawyer and attorney, for instance)

   For all the complete stipulations to naming a business entity, check out Florida state statute Title XXXVI 605.0112.

2. Appoint a Registered Agent

   Title XXXVI 608.415 of the Florida state statutes requires a limited liability company to appoint their Florida registered agent on the Articles of Organization. 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, and you can use our Florida business address for your principal office and mailing address. This automatically includes our free Florida mail forwarding option (up to 10 pieces of non-state mail each year).

   Need more extensive mail coverage? Upgrade to one of our comprehensive Florida mail forwarding service packages at checkout and get a Florida mailing address with a unique suite number as well.

3. 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 $125 filing fee to process this document (technically it’s two required fees: $100 to file with the state and a $25 registered agent fee). Articles of Organization can be filed by mail, fax, hand-delivery, or online.

   You can form your LLC yourself, or you can hire us to do it for you for $149 plus state fees.

   Either way, you’ll need to appoint a Florida registered agent to receive service of process for your business. Our Florida registered agent service costs a mere $49 a year.

4. Await Processing

   The current processing time to form a Florida LLC is 5 business days. The state will issue an official certificate once your Florida LLC has been filed and approved.

   Your LLC now certifiably exists in the state’s eyes! Aside from the asset protection and tax advantages, this opens the door to obtaining your Employer Identification Number (EIN) from the IRS and opening a bank account for your business.

5. 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. When you hire us, you can find templates for operating agreements—along with plenty of other valuable business documents—to help you set the official tone for how you want your company to run!

6. File Beneficial Ownership Information Report

   Once the state accepts your filing, you’ll need to submit a Beneficial Ownership Information (BOI) report to the Financial Crimes Enforcement Network (FinCEN). This federal report is free to file and must be completed online within 30 days of company formation starting January 1, 2024. LLCs created before that date have until January 1, 2025 to file.

   You’ll need to provide name, address, and tax or personal identification information for your LLC and for LLC members who are involved in company management or hold at least 25% of ownership interest. If your LLC is formed on or after January 1, 2024, your report also needs to include information about the person who files your Articles of Organization.

   The information you provide is kept in a secure database that is not available to the public. Certain businesses that are already heavily regulated qualify as exempt from reporting.

7. File Annual Reports

   For LLCs, Florida 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. Our clients can monitor their LLC through their secure online account, where we send timely compliance reminders for annual reports.

   As with your Florida articles of organization, when you hire Florida Registered Agent LLC, you can use our Florida business address in place of yours on your annual reports each year.

8. Next Steps: Starting a Business in Florida

   For most Florida LLCs, the above steps cover the nuts and bolts of starting a business in Florida. Here are some other considerations to keep in mind:

   Internet Domain Name Availability. Whether you have a website or not, it’s the 21st century and online business is booming. It’s worth reserving a domain name now while you’re just getting the business started. Before you set your LLC name in stone, check if there is a URL available that corresponds with your business name.
   Secure necessary Florida business licenses & permits. This is industry-specific. Review what licenses or permits your business might need at the Florida Department of State website.
   Apply for an EIN. The IRS assigns your LLC a nine-digit Employer Identification Number (EIN) for tax purposes. If you ever plan on hiring employees, opening a bank account, or obtaining licenses and permits, you’ll need this number. Here’s where you can apply for an EIN.
   Open a business bank account. Your LLC is required to have a bank account in Florida in order to begin conducting business. Remember, an LLC is designed to establish legal separation between you and your business—it’s up to you to maintain that separation!

   Setting up a Florida LLC is actually pretty straightforward, but it’s still a pain to cover all of your bases and do this all in a way that’s truly best for your Florida business. At the end of the day, though, registering your business as an LLC with the Florida Division of Corporations is a crucial next step. Why? We’ll get into that below. And look, if you really want to get this part right, you can hire us today and we’ll form your Florida LLC quickly, easily, and with the guidance of our local business filings specialists.