Step-by-Step Guide to Forming an LLC in Florida
Read Time: 4.5 minutes
If you’re wondering how to start an LLC in Florida — whether you're in Tallahassee or elsewhere — this guide will walk you through Florida LLC step by step. It lays out each required action, from picking a name to keeping your business in good standing. Use this as your roadmap for how to form an LLC Florida.
Choose a Business Name
The very first step when you start an LLC in Florida is selecting a name that’s both legally acceptable and brand-friendly.
Legal requirements
The name must include "Limited Liability Company" or an abbreviation such as "LLC" or "L.L.C."
It must be distinguishable from other entities already on file with the Florida Division of Corporations.
You cannot use restricted words (like “Bank,” “University,” “Insurance,” etc.) without special approval or licensure.
Name availability search
You can use the Sunbiz website to see if your desired name is already taken.Reserve a name
If you're not ready to file the articles right away, you can reserve the name for 120 days by filing a Name Reservation Request with a small fee.Domain & trademarks
Once your name is cleared, you may want to register a matching domain and check for any potential trademark conflicts. Even in Tallahassee, that local brand identity matters.
Appoint a Registered Agent
Florida requires every LLC to have a registered agent — a person or entity with a physical address in Florida — to receive legal and state service-of-process documents.
You can act as your own registered agent if you have a Florida address, but many prefer hiring a professional registered agent service for privacy and convenience.
The agent’s address (not a P.O. box) will be listed on the public record.
Make sure the agent is reliable and will be available during regular business hours.
File Articles of Organization with Sunbiz
Filing the Articles of Organization officially creates your LLC in Florida. In Florida, this is done through the Division of Corporations (Sunbiz).
Prepare the Articles
The document will require:LLC’s name
Principal place of business (can be outside Florida, but must include a Florida address)
The registered agent’s name and Florida street address
The names and addresses of the LLC members or managers
Effective date (if you want it to take effect later)
Signature of the organizer
Submit through Sunbiz
You can file online via the Sunbiz website or by mail.Pay the Florida state filing fee
As of this writing, the filing fee is about $125 (this can change, so always check Sunbiz for updates).Processing time
Online filing typically processes in 1–3 business days; paper filings take longer.
Once accepted, your LLC is officially formed and you will receive a Certificate of Organization from the state.
Create an Operating Agreement
Even though Florida does not require a written Operating Agreement, it is strongly recommended (especially if there are multiple members or investors). The Operating Agreement governs how your LLC operates internally.
Key elements to address in your Operating Agreement:
Ownership percentages and capital contributions
Voting rights and decision-making procedures
Allocation of profits and losses
Management structure (member-managed or manager-managed)
Procedures for adding or removing members
Dissolution procedures
Member meetings and records
Buyout or transfer provisions
Having a detailed Operating Agreement helps prevent disputes down the road and adds legitimacy in the eyes of banks, investors, or courts.
Get an EIN from the IRS
An Employer Identification Number (EIN), also known as a Federal Tax ID, is necessary for tax, hiring employees, and opening a business bank account.
You can apply for an EIN online via the IRS website (free of charge)
If your LLC is a single-member entity with no employees, you might use your Social Security Number for tax purposes, but having an EIN is safer and more professional.
Even if you don’t plan to hire employees immediately, getting an EIN early is a good practice.
Once the IRS issues your EIN, you will use it on all federal tax filings, and you can open banking and credit accounts in the LLC’s name.
Open a Business Bank Account
Now that your LLC is officially formed and you have an EIN, you should open a separate bank account for your business.
Why it matters:
It helps maintain limited liability protection by keeping personal and business finances separate.
It makes bookkeeping, taxes, and accounting much simpler.
Some banks may require an Operating Agreement, EIN, Certificate of Organization, and a resolution or signature card to open the account.
Tips:
Shop for banks in Tallahassee (or your city) that offer business checking accounts with low fees and good online access.
Consider whether you’ll need merchant services (card processing) and mobile deposits.
Keep personal guarantees and credit lines separate from your operating account.
Maintain Annual Reports
After formation, your LLC must stay compliant with Florida’s ongoing requirements.
Annual Report
Florida requires LLCs to file an Annual Report with Sunbiz every year to maintain “active status.”
The filing window opens January 1st each year; the deadline is May 1st.
The current fee (as of now) is approximately $138.75 (may vary).
Late submissions incur a penalty.
Registered Agent updates
If your registered agent changes, or you move your principal office, you must update those records with Sunbiz.Other records and compliance
Keep complete and accurate financial records, minutes, and member decisions documented.
Comply with federal, state, and local tax filings (e.g., sales tax, employment tax if applicable).
Renew any necessary licenses or permits.
If you fail to file your annual report, your LLC could be administratively dissolved.
FAQ: “How much does it cost to start an LLC in Florida?”
Costs can vary depending on your choices (e.g. hiring help, registered agent, legal fees). Below is a rough breakdown of common fees:
Item Typical Cost
Florida Articles of Organization filing ~$125
Annual Report (Sunbiz) ~$138.75
Name reservation (optional) ~$35
Registered agent service $100 to $300/year (approx.)
Legal or preparation assistance Varies by attorney or service
EIN Free (via IRS)
So, at a minimum, you can expect to pay around $125–$150 in state fees in your first year (plus optional extras like agent services or legal help). Ongoing costs (annual report, agent fees) must be budgeted in future years.
Ready to make your Florida LLC a reality? Whether you’re in Tallahassee, Miami, or anywhere else in Florida, get started today:
Reserve your desired name on Sunbiz if needed.
Choose a reliable registered agent.
File your Articles of Organization.
Draft an Operating Agreement.
Apply for your EIN.
Open your business bank account.
Stay compliant by filing yearly reports.
If you’d like hands-on assistance — from name availability checking, drafting documents, or registered agent support in Tallahassee — feel free to reach out to our attorney here at Betancur Legal Group LLC. Let’s get your Florida business off the ground the right way.