How to Start an LLC in Florida in 2026

You will file Articles of Organization with the Florida Division of Corporations using Sunbiz, designate a registered agent having a Florida address, draft an Operating Agreement, obtain EIN from IRS and maintain an annual report which is due every May 1. Processing of Online Filings generally takes two (2) to three (3) business days.

From the freelancer who's looking to make their side hustle official in Wynwood, to the real estate investor who's ready to make their first investment in a rental property near I-4 in Orlando, to the Brickell entrepreneur looking to make a presence in the U.S. market, this guide is for you.

Florida LLC Requirements

Florida LLC Formation Checklist

Formation:

• Sunbiz checks LLC name availability with Confirm LLC name availability.
• Search USPTO.gov for the name availability (trademark search)
• Use a domain name checker to verify that the domain name is available.
• Designate a registered agent who has a street address in Florida
• File Articles of Organization online
• Create an operating agreement
• Obtain EIN from IRS after LLC approval

Post-Formation

• Setup a business bank account.
• Register for Florida sales tax (if selling taxable goods or services)
• Have necessary local business tax receipt from county or city
• Get industry-specific licenses from DBPR or DACS, as applicable.
• Schedule the annual report due date (May 1 each year)
• Set up compliance monitoring

5 Easy Steps to Form Your LLC in Florida

To form an LLC in Florida, you need to follow five simple steps that are easy to understand. Each step helps you register your business with the state and meet Florida's legal requirements. From choosing an LLC name to filing the required documents, the process is straightforward. Following these steps in the right order can help you avoid mistakes, save time, and start your Florida LLC with confidence.

Step 1: Choose a Name for Your Florida LLC

• Choose a name that is unique and different from other business names registered with the Florida Division of Corporations.
• Include “Limited Liability Company,” “LLC,” or “L.L.C.” in your business name.
• If forming a professional LLC, use the appropriate professional LLC designation.
• Check whether your proposed name contains restricted words that require authorization.
• Search the USPTO trademark database to identify potential trademark conflicts. State registration does not prevent federal trademark disputes.
• Review your name carefully before filing to help avoid application rejection.

Step 2: Appoint a Florida Registered Agent

• Every Florida LLC must maintain a registered agent.
• The agent receives legal paperwork, state notices, and service of process on behalf of your LLC.
• Your registered agent must have a physical street address in Florida. A P.O. box is not accepted.
• The agent must be available during regular business hours.
• You can serve as your own agent if you meet the requirements, appoint an eligible Florida resident, or hire a professional registered agent service.
• Registered agent names and addresses appear in public records on Sunbiz.
• Using a professional service like BusinessRocket can help keep your home address out of the registered agent address field.

Step 3: File Sunbiz Articles of Organization

• File your Articles of Organization with the Florida Division of Corporations to create your LLC.
• Provide your LLC’s principal business address, registered agent name and Florida street address, registered agent acceptance, and contact information.
• Include member or manager information where appropriate. Banks may request this information when opening your business account.
• File online for faster processing. Mailed applications require additional processing and delivery time.
• Check current Sunbiz processing dates before planning your business start date.
• You may specify an effective date within the permitted filing window.
• After approval, save your filing confirmation and approved Articles of Organization.
• Banks, lenders, and government agencies may request copies of these documents.

Step 4: Develop a Florida LLC Operating Agreement

• Prepare an operating agreement even though Florida does not require you to file one with the state.
• Identify the owners and their ownership percentages.
• Explain how decisions are made, profits are allocated, and distributions are paid.
• Outline what happens when a member leaves or the LLC closes.
• Prepare an agreement for a single-member LLC to document ownership and how the business operates.
• Choose member management if the owners will run the business.
• Choose manager management if designated managers will handle daily operations.
• Ask your bank whether it requires an operating agreement to open your business account.

Step 5: Obtain Your EIN From the IRS

• An EIN is your LLC’s federal tax identification number.
• Apply directly through the IRS for free.
• Obtain an EIN when needed for banking, hiring employees, or filing applicable federal tax returns.
• Wait until your LLC is approved before applying to avoid mismatched business information.
• Eligible applicants with an SSN or ITIN can apply through the IRS online EIN application.
• Applicants who cannot use the online application can submit Form SS-4 by fax or mail.
• Follow the Form SS-4 instructions for line 7b if the responsible party does not have an SSN or ITIN.
• Allow additional processing time for faxed or mailed applications.

What Is a Florida LLC and Why Does It Matter?

Limited liability company is a business organization that establishes a legal divide between you and your company. When your LLC is sued or is liable for business debts, your personal assets, such as your home, car and savings account, are typically protected. This protection is not guaranteed. It can be set aside by courts if members do not keep themselves separate or do wrong in their private conduct. However the LLC structure offers a valuable legal distinction which the sole proprietor does not.

In fact, Florida has had the most LLCs formed of any business entity type since 2014 based on data from the Florida Division of Corporations, which publishes its annual statistics. The reasons being practical. There is no personal state income tax in Florida. The cost of formation is one of the lowest in the country.

What Are the Advantages and Disadvantages of a Florida LLC?

A Florida LLC has several advantages, including personal liability protection, flexible management, and no state personal income tax. However, it also has some disadvantages, such as state filing fees, annual report costs, and ongoing compliance requirements. Understanding these pros and cons can help you decide if forming an LLC in Florida is the right choice for your business.

Tax correction An LLC taxed as an S corporation generally pays employment taxes on an active owner’s reasonable salary. Non-wage distributions generally are not subject to employment taxes. Internal Revenue Service

Annual report fees and the late-filing deadline are confirmed by Sunbiz. Default LLC tax treatment depends on ownership and tax elections.

What Is One of the Biggest Downsides of Starting an LLC?

One of the biggest drawbacks new business owners tend to ignore is that joining an LLC is just the start of an on-going commitment, and not the end of it. It's a condition that needs to be kept in good standing annually with the annual report. Your company needs to maintain a clear separation of your business and personal finances in order to maintain the liability benefit that you went to the trouble and expense of obtaining. There's no trickiness here; it just takes care.

Florida LLC Structures: Ownership and Management Types.

There are two aspects to Florida LLC structures, namely ownership and management. Ownership determines how many people own the LLC, while management explains who makes business decisions and handles daily operations. A Florida LLC can have one or multiple owners and can be managed by its members or appointed managers. Understanding these structures can help you choose the right setup for your business needs.

By ownership:

A single-member LLC is owned by one person and is automatically taxed as a sole proprietorship. A multi-member LLC is a partnership by default and has 2 or more members.

By management:

A member-managed LLC requires that the owners operate the business; this is best for most small businesses in Florida. A manager-managed LLC is a company that has someone other than its members managing its day-to-day operations, and is ideal for a partner that does not want to be involved in the operations of the company.

Specialized structure:

Florida also provides for Professional LLCs (PLLCs) for licensed professionals under the jurisdiction of the Florida licensing board, such as doctors, lawyers, dentists, architects, engineers, and accountants.

These don't all have to be separate. Your LLC may be a single-member LLC that is managed by its sole member, or it could be a multi-member LLC that is managed by its managers. They express two different characteristics or qualities of the same thing.

How Much Does It Cost to Start an LLC in Florida?

There is a $125 LLC formation fee in the Florida Division of Corporations. This is $100 for the articles of organization and $25 for the designation as a registered agent. This fee is a non-refundable fee and will not be returned if your application is rejected due to name conflict or form error.

Florida has a 1-year reporting requirement for formation after that, on an annual basis, from January 1 through May 1. A $138.75 annual report fee is due. If the files are submitted after May 1, the total will be $538.75, as per Florida Statute 605.0212, which automatically adds a $400 late fee.

The actual cost to form a Florida LLC and then maintain it for the first two cycles of annual reports is about $402.50: $125 to form the LLC, $138.75 for the first two annual reports.

Can I Get a Free LLC in Florida?

No. No matter how you file, there is a $125 state filing fee. Some formation services offer a "service fee of $0" on the starter package, however the state fee will apply. The $125 paid directly to the Florida Division of Corporations is not included in any “free Florida LLC” quote.

How Much Money Should You Have Before Starting an LLC in Florida?

The absolute minimum will be $263.75 for the Articles of Organization and first annual report. If you need a professional registered agent, the cost is another $99 to $149 a year. The EIN is free from the IRS and an operating agreement can be as simple as locating a template and filling it out.

First-Year Cost Breakdown

Does an LLC Give You Automatic Permission to Operate a Business?

No, Formation of an LLC is the legal business entity. It is not a license, permit or tax registration for every activity for which your business may need one. Each step following formation is independent, and depends on the nature of your business and the location of operation.

What to Do After Your Florida LLC Is Approved

Once you've gotten approval for your Florida LLC, you need to determine what to do next.

The first step is forming the LLC. Whether or not protection works is determined by what you do in the next 90 days.

What Happens If You Start an LLC and Do Nothing?

File Your Florida LLC Annual Report

• Setting up a Florida LLC does not mean you can ignore its ongoing requirements.
• Your LLC must file an annual report by May 1, whether your business is operating or generating income.
• Florida Statute 605.0212 imposes an automatic $400 late fee if you miss the deadline.
• There is no grace period or appeal.

2026 Dissolution Timeline

• May 1: Annual report filing deadline.
• After May 1: You can still file, but the total amount increases to $538.75.
• September 18: Final payment date for check payments.
• September 25: Final payment date for credit card payments.
• After September 25: An LLC that has not filed its annual report is administratively dissolved.
• Once an LLC is dissolved, it ceases to exist as an active legal entity, and post-dissolution contracts may create legal problems.

Open a Florida Business Bank Account

• Open a business bank account as soon as you receive your EIN.
• Keeping business and personal finances separate helps protect your LLC's liability protection.
• Avoid using your business account for personal expenses.
• Avoid depositing business income into your personal bank account.
• Mixing personal and business funds can weaken the legal separation between you and your LLC.
• In Florida litigation, opposing parties may use this mixing of funds as evidence that the business and its owner are the same.
• If that argument succeeds, you could become personally responsible for your LLC's debts.

How Much Does a Florida LLC Cost Per Year?

The only mandatory recurring state cost is the $138.75 annual report.

Does an LLC in Florida Need to File a Tax Return in Florida?

A typical Florida limited liability company does not submit a Florida state income tax return. There is no state income tax in Florida. A one-member LLC will file business income on the owner's personal federal tax return on Schedule C. Rather, a multi-member LLC will prepare a federal partnership return (Form 1065) and distribute K-1 forms to each member. If your LLC chooses to be taxed as a C-corporation, you may have Florida-sourced income and thus be subject to the Florida corporate income tax.

What are LLC Taxation Laws in Florida?

If left to default, Florida LLCs are pass-through entities. The LLC is not subject to federal income tax, but rather the income is taxed at the individual member's level. The money goes to the members who report their share on their federal returns. Florida's no personal income tax policy is that there is no state income tax on top of the federal obligation.

The tax treatment of self-employment income will depend upon the LLC's tax classification and on the type of income received by each member. Talk with a CPA to learn more about your particular case.

For some LLC owners, considering an S-corporation election with the IRS makes sense if the extra payroll, accounting, and administration are worth the additional tax savings. This is not a fixed salary threshold, but depends on your compensation, profit and personal situation. It's always best to have a tax professional look at the numbers.

File an Annual Report for your Florida LLC annually

The Florida LLC annual report is a brief online filing to notify the Division of Corporations of your LLC's current details. It is not a statement of financial position.

The filing window is from Jan. 1 and the deadline is May. 1. The fee is $138.75. If she files after the 1st of May, the sum will be $538.75. According to the official annual schedule of Sunbiz, check payments for the dissolution of that business will be due on September 18, 2026, and credit card payments are due on September 25, 2026.

Many first year LLC owners don't know that the first annual report is due in the calendar year following the year of formation. Assuming your LLC's approval date is October 2026, the first annual report will not be due until May 1, 2027.

Get Business Licenses and Register for Florida Taxes

Your LLC is created when you establish its organization. There are additional registrations for legal operation.

There is no general business license in Florida. This is what you're looking for, depending on your situation:

Industry license. Contractors, real estate agents, healthcare professionals and cosmetologists register with the Florida Department of Business and Professional Regulation (DBPR) at myfloridalicense.com. Food businesses are subjected to the Florida Department of Agriculture and Consumer Services.

Local business tax receipt. County mandated in most counties in Florida. Each of these is done by the County Tax Collector in Miami-Dade, Orange (Orlando) and Hillsborough (Tampa) Counties. The cost is $25 to a few hundred dollars per year.

Sales tax registration. Selling taxable goods or services in Florida? Sign up for free at floridarevenue.com.

Employees. Sign up with the Department of Revenue for reemployment tax in Florida. In most industries, you are expected to have workers' compensation after you get your 4th employee.

Who Should Start a Florida LLC?

Can I Form a Florida LLC If I Don't Live in Florida?

Yes. There is no requirement for LLC ownership in Florida. An LLC can be formed, owned and managed by anyone, regardless of residency in Florida. You will require a registered agent with a physical street address in Florida (which can be provided by a professional registered agent service).

Can a Foreigner Open an LLC in Florida?

Yes. Citizenship and/or residency is not required. Foreign nationals routinely incorporate in Florida as LLCs given that Florida does not impose a state income tax, its international business community that lines Brickell Avenue in Miami, and its simple formation procedure.

The only true difference: the EIN application. An online application is not possible without a US Social Security number. Fill out IRS Form SS-4 and mail or fax it to the IRS, marking the lines as follows: Foreign on line 7b. It takes about 4-8 weeks to process.

The next step is to open a U.S. bank account. The financial center of Miami, especially Brickell and Coral Gables, have banks who have a familiarity with non-resident business accounts.

Update on BOI reporting (2026): FinCEN has removed the BOI reporting requirements for all LLCs created in the United States as of August 14, 2026, including foreign nationals who own these entities. A Florida LLC need not file a BOI report through Sunbiz. The FinCEN Final Rule (8/11/2026) provides the definition.

How Do I Open an LLC as an Independent Contractor in Florida?

If your income is recurring and you are performing services with any liability exposure, a Florida LLC may be a good choice for an independent contractor. From plumbing in Hialeah to digital marketing for businesses in Tampa to content creation in Wynwood, the neighborhood of digital arts in Miami to tech contracting along the Research Coast near Palm Beach, if you are not operating under an entity, then every contract and project you do will be your own risk.

An LLC contract is a contract with your business. Deliverables, client injuries and IP issues are no longer personal but business issues. Additionally, the LLC makes tax deductions easier and provides clients with a greater sense of professionalism, while also making it simpler to establish business credit with larger companies.

Should a Florida Realtor be an LLC?

Florida real estate professionals and investors are constant in their filing of real estate LLCs. Under Florida realtor licensing requirements, active realtors might need to create a Professional LLC (PLLC). Please visit myfloridalicense.com to verify the requirements for your particular license.

The logic of asset protection is simple for real estate investors. If you make the investment through your own name, a lawsuit against one of your properties may be taken to your other properties. The use of LLCs is a way to produce a legal separation between each investment and your own capital.

What is an LLC vs PLLC in Florida?

A regular LLC is available to any business owner. A Professional LLC (PLLC) is a special type of LLC that is available for licensed professionals regulated by a Florida licensing board such as medical doctors, attorneys, dentists, architects, engineers, and certified public accountants.

A PLLC is a legal entity for certain licensed professionals required by the Florida legislature to be established instead of an LLC. The formation and registration process and fees are the same but the PLLC name must include the "Professional Limited Liability Company" or "PLLC" and the Articles of Organization must include the professional purpose of the PLLC.

Does Florida Allow Series LLCs?

Yes, as of July 1, 2026. The Protected Series LLCs, which had been authorized under Florida Statutes §605.2101 through 605.2802, were enacted by Governor DeSantis on June 20, 2025.

How it works. Multiple series of internal protection are established by one parent LLC. Each series has its own assets, liabilities and runs separately. The assets of one series of creditors cannot be touched by another series of creditors.

Why do investors care?. A typical real estate investor - with 5 rental properties throughout St. Petersburg, Clearwater, and the Gulf Coast - was required to have 5 separate LLCs, 5 annual reports, 5 registered agents and 5 sets of documents. One Protected Series LLC with five series gets the same separation at a lower ongoing cost.

What no one talks about. The liability shield is as if it will fall at the time of co-mingling assets between series. It is critical to maintain records; failing to do so will undermine protection. Think about consulting a Florida business lawyer prior to applying this structure.

Filing. You can create a protected series using Sunbiz for any active Florida LLC. Cost: $25 per series. Online only.

How Do I Start an LLC in Florida by Myself?

It is possible to create a Florida LLC without any external help. No lawyer required. No service required. One person, one computer, and approximately 30 minutes. For more detail about LLC vs Sole Proprietorship must read our guide.

The process is very easy. Check to see if your business name is available, fill out the Articles of Organization online, pay the $125 state fee, and wait 2-3 business days for your articles to be approved. Then, obtain your EIN with the IRS free of charge, and create your operating agreement.

The risk is in the details. The state filing fee is $125 which will not be refunded if your application is denied. Corrections after filing incurs a $25 fee per correction. If the name is close to one of the names that already exist in Florida, the name is refused completely. Most first-time filers will only learn the naming rules when it's too late and they have made a mistake.

The work does not stop at formation. There are other continuous requirements, such as annual reports, registered agent compliance, operating agreement updates, and tax registrations. Each of them has serious financial ramifications if missed.

When it's simple, such as a one-member LLC with a straightforward LLC name and a Florida address, it isn't impossible to do it yourself. For situations involving more than one member, a non-US resident or industry specific licensing, professional assistance is worth more than it is worth.

Why Choose BusinessRocket for Florida LLC Formation?

Starting a Florida LLC involves paperwork, state filing requirements, and important business decisions. BusinessRocket offers LLC formation services to help business owners register their Florida LLC with less paperwork and confusion. The company assists with preparing and filing the Articles of Organization and provides support throughout the formation process. This allows entrepreneurs to save time, avoid common filing mistakes, and focus on building their businesses.

A neutral comparison:

A solo freelancer with a simple single-member LLC and comfort navigating government websites can file successfully on their own. A multi-member LLC with investors, a complex operating agreement, or a non-US resident situation benefits from professional assistance.