Complete Florida LLC Formation Guide 2024

Everything you need to know about starting your Florida LLC - from requirements to registration and beyond.

$125

State Filing Fee

3-5 business days

Processing Time

$138.75

Annual Fee

Table of Contents

Why Choose Florida for Your LLC?

Tax Advantages

  • ✓ No State Income Tax: Florida has no personal or corporate income tax
  • ✓ No Franchise Tax: Unlike many states, Florida doesn't impose a franchise tax on LLCs
  • ✓ Low Annual Fee: Just $138.75 annual report fee

Business Benefits

  • ✓ Fast Processing: 3-5 business days standard processing
  • ✓ Strong Asset Protection: Excellent charging order protection laws
  • ✓ Business-Friendly Climate: Minimal red tape and regulations

Florida LLC Requirements

Basic Requirements

  • • Unique LLC name ending in "LLC" or "Limited Liability Company"
  • • Florida registered agent with FL address
  • • Articles of Organization filed with state
  • • $125 filing fee paid to the state

Optional but Recommended

  • • Operating Agreement (not required but highly recommended)
  • • EIN from IRS for tax purposes
  • • Business bank account
  • • Business licenses (if required for your industry)

Step-by-Step Formation Process

1

Choose Your LLC Name

Your Florida LLC name must be unique and include "LLC," "L.L.C.," or "Limited Liability Company."

Name Requirements:

  • • Must be distinguishable from existing Florida business names
  • • Cannot contain prohibited words like "Bank," "Insurance," or "Corporation"
  • • Check availability at Florida Division of Corporations
2

File Articles of Organization

Submit the Articles of Organization to the Florida Department of State Division of Corporations.

Required Information:

  • • LLC name and address
  • • Registered agent name and Florida address
  • • Principal place of business
  • • Purpose of the LLC
  • • Management structure

💡 Pro Tip: Use a professional service like ZenBusiness to ensure accuracy and speed up the process.

3

Appoint a Registered Agent

Every Florida LLC must have a registered agent with a Florida address to receive legal documents.

DIY Option:

  • • Use yourself or a Florida resident
  • • Must be available during business hours
  • • Address becomes public record

Professional Service:

  • • Privacy protection
  • • Professional handling
  • • Usually $100-200/year
4

Create an Operating Agreement

While not required by Florida law, an operating agreement is essential for defining your LLC's structure and operations.

Key Provisions:

  • • Member ownership percentages
  • • Management structure and voting rights
  • • Profit and loss distribution
  • • Member admission and withdrawal procedures
  • • Dissolution procedures

Naming Your Florida LLC

Name Requirements

Required Elements

  • • Must contain "LLC," "L.L.C.," or "Limited Liability Company"
  • • Must be distinguishable from existing business names
  • • Cannot imply governmental affiliation

Prohibited Words

  • • Bank, Banking, Banker
  • • Insurance, Assurance
  • • Corporation, Corp., Inc.
  • • Trust, Trustee

Name Search Tips

  1. 1 Search the Florida Division of Corporations database
  2. 2 Check trademark databases (USPTO)
  3. 3 Verify domain name availability
  4. 4 Consider future expansion plans

Registered Agent Requirements

What is a Registered Agent?

A registered agent is a person or business designated to receive legal documents, tax notices, and other official correspondence on behalf of your LLC.

Responsibilities:

  • • Receive legal documents and lawsuits
  • • Accept tax notices and correspondence
  • • Forward important documents to you
  • • Maintain regular business hours

Agent Options

Self-Service

  • • Free option
  • • Must have Florida address
  • • Address becomes public record
  • • Must be available during business hours

Professional Service ⭐

  • • Privacy protection
  • • Professional handling
  • • Document scanning/forwarding
  • • Cost: $100-200/year

Operating Agreement

Why You Need an Operating Agreement

While Florida doesn't require an operating agreement, it's crucial for protecting your business interests and maintaining LLC status.

Key Provisions

  • 📋 Ownership Structure: Member percentages and capital contributions
  • ⚖️ Management: Who makes decisions and how
  • 💰 Distributions: How profits and losses are allocated
  • 🚪 Transfer Rights: Rules for selling membership interests
  • 🔚 Dissolution: How to wind up the business

Benefits

  • ✓ Protects limited liability status
  • ✓ Prevents disputes between members
  • ✓ Establishes credibility with banks and lenders
  • ✓ Overrides default state laws
  • ✓ Provides tax flexibility

Ongoing Requirements

Annual Requirements

Annual Report

  • • Due by May 1st each year
  • • Fee: $138.75
  • • File online at Florida Division of Corporations
  • • Updates registered agent and member information

Tax Obligations

  • • Federal tax return (Form 1065 for partnerships)
  • • No state income tax in Florida
  • • Sales tax if applicable to your business

Best Practices

  • 📋 Keep detailed business records
  • 🏦 Maintain separate business bank account
  • 📄 Hold annual member meetings
  • 💼 Keep business and personal finances separate
  • 🔄 Update registered agent if needed

Ready to Start Your Florida LLC?

Don't wait - Florida's business-friendly environment and tax advantages make it the perfect place to start your LLC.

Start My LLC Today ← Back to Home