Written & legally reviewed by: Francis M. Boyer, Managing Attorney, Boyer Law Firm, P.L.

Florida & New York Bars | Board Certified in International Law | Updated July 10, 2026 | Attorney bio

Quick answer: Here’s how to form an LLC in Florida: choose a unique name, appoint a Florida registered agent, and file the Articles of Organization with the Division of Corporations through Sunbiz. The state filing fee is $125, and online filings usually clear in about five business days.

Summary: Forming an LLC in Florida takes seven steps: naming the company, appointing a registered agent, filing the Articles of Organization on Sunbiz, and paying the $125 state fee, then handling your EIN, licenses, and yearly report. Most online filings clear within about a week. This guide walks through each step, the real costs, and the report that keeps your LLC active.

Key Takeaways:

• The core filing: A Florida LLC becomes official when the state accepts your Articles of Organization, filed through Sunbiz.
• Cost: The state filing fee is $125, which includes designating your registered agent.
• Timeline: Online filings usually process in about one to five business days, and Florida offers no paid expedite.
• Registered agent: You need a person or company with a physical Florida street address, not a P.O. box.
• Annual report: Every Florida LLC must file a report by May 1 and pay $138.75, or face a $400 late penalty.
• Operating agreement: Florida doesn’t require one, but skipping it invites disputes and weakens your liability shield.

Rather have it done for you? We file everything and get the documents right.  Start your LLC formation

Florida is home to roughly 3 million small businesses, about 99.8% of all businesses in the state, according to the U.S. Small Business Administration’s Office of Advocacy. A large share of them run as LLCs, and for good reason. The structure sets up quickly, keeps your personal assets separate from company debts, and skips Florida’s corporate income tax when profit passes through to you.

People search this a dozen ways: how to start an LLC in Florida, how to open an LLC in Florida, or how to get an LLC in Florida. The steps are the same, and this guide covers exactly how to form an LLC in Florida, from the name to the annual report. 

Florida LLC explained

• State filing fee: $125 (one-time, includes registered agent designation)
• Processing: about 1 to 5 business days online; no paid expedite
• Annual report: $138.75, due by May 1 each year
• Late penalty: $400 (non-negotiable)
• Filed at: Sunbiz, the Florida Division of Corporations

Step 1: Name Your Florida LLC

Your name has to be distinguishable from every other business already on file. Run a free search on the Sunbiz records before you settle on anything. The name must include “Limited Liability Company,” “LLC,” or “L.L.C.,” and it can’t imply you’re a bank or a government agency.

If you’ll operate under a different name, register that fictitious name (a DBA) separately under Florida Statutes § 865.09, currently a $50 filing. Licensed professionals such as doctors, lawyers, and architects may need a PLLC instead of a standard LLC.

Step 2: Appoint a Florida Registered Agent

Every Florida LLC needs a registered agent to receive legal notices and state mail. Under Florida Statutes § 605.0113, the agent must have a physical street address in Florida, not a P.O. box, and must sign to accept the role.

You can name yourself, a manager, or a professional service. Many owners appoint their attorney or a registered agent service to keep a home address off the public record and to make sure a lawsuit is never missed while you’re traveling.

Step 3: File the Articles of Organization

This is the filing that creates your LLC. Under Florida Statutes § 605.0201, the Articles of Organization list your company name, principal address, registered agent, and the people managing it. You file online through Sunbiz and pay the $125 fee, which covers the registered agent designation.

Online filings usually process in about one to five business days. Paper filings run longer, and Florida has no paid expedite option. Once the state accepts the Articles, your LLC legally exists.

Step 4: Create an Operating Agreement

Florida doesn’t require an operating agreement, and § 605.0105 confirms it can be written or oral. Going without a written one is still a mistake. The agreement sets ownership shares, voting, profit splits, and what happens if a member leaves or dies.

For a single-member LLC, it also reinforces the line between you and the company, which strengthens your liability shield. A lawyer-drafted operating agreement is worth it for any LLC with more than one owner.

“The filing is the easy part. The messes I clean up almost always trace to two things: no operating agreement, and a personal bank account doing double duty. Fix those two and the LLC actually protects you.”Francis M. Boyer, Managing Attorney

Step 5: Get an EIN From the IRS

An Employer Identification Number is your business tax ID. You’ll need one to open a bank account, hire employees, or elect corporate tax treatment. Apply for free on the IRS website, and most applicants get the number the same day.

A single-member LLC with no employees can sometimes use the owner’s Social Security number, but a separate EIN keeps your finances clean. You’ll also need the EIN and your Articles to open a business bank account, which is what keeps the liability shield real.

Step 6: Handle Licenses, Taxes, and Compliance

Florida has no general statewide business license, but many activities need a local or industry permit. Check with your county and city, and if you sell taxable goods or services, register with the Florida Department of Revenue for sales and use tax before your first sale.

Decide how the LLC will be taxed, too. It passes through by default, but you can elect S-corp treatment once profit is high enough to make the payroll savings worthwhile. If you hire, report new employees to the Florida Department of Revenue within 20 days.

Step 7: File Your Annual Report

Florida keeps your LLC active through a yearly report. Under § 605.0212, the report is due between January 1 and May 1 each year, with a $138.75 fee. Your first one is due the year after you form. Miss the deadline and the state adds a $400 penalty. Ignore it entirely and your LLC is administratively dissolved by the third Friday in September.

Set a reminder for early in the year. Filing in January or February costs the same as filing in April and removes any risk of a late fee.

Do You Need to File a BOI Report?

Federal beneficial ownership (BOI) reporting changed in 2025, and a lot of older guides are now wrong. As of July 2026, companies formed in the United States, including Florida LLCs, are exempt from filing a BOI report with FinCEN under an interim rule. Foreign-owned companies registered to do business here may still have to file. The rule has moved through the courts and a final version is pending, so confirm the current status before you rely on the exemption.

This reflects the rule as of July 2026. Because it has been changing, confirm the current BOI status before relying on the exemption.

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

The state charges $125 to form the LLC. After that, your only required recurring cost is the annual report. Optional items depend on how much help you want.

Item	Cost	Notes
Articles of Organization	$125	One-time; includes registered agent designation
Fictitious name / DBA (optional)	$50	Only if you operate under a different name
Certified copy (optional)	$30	Often needed for banking or financing
Certificate of Status (optional)	$5	Proof of good standing
Annual report	$138.75	Every year by May 1 ($400 penalty if late)
Registered agent service	$0 to $150 / yr	If you hire one instead of self-serving

So the true first-year floor is about $125, and roughly $139 a year after that if you do everything yourself. For a clear, itemized rundown of what a Florida LLC costs, ask our attorneys at Boyer Law Firm about a LLC cost breakdown.

Want the whole thing handled for you?  Get your Florida LLC done right

Registering an Out-of-State LLC in Florida

If you already run an LLC in another state and want to operate in Florida, you don’t form a new one. You register the existing company as a foreign LLC with the Division of Corporations and appoint a Florida registered agent. The filing fee is $125, the same as a domestic LLC. Skipping this step can block you from enforcing contracts in Florida courts.

Common Florida LLC Mistakes

• Skipping the operating agreement, then fighting over money later.
• Listing a P.O. box for the registered agent, which the state rejects.
• Running business and personal funds through one account and piercing the shield.
• Missing the May 1 annual report and eating the $400 penalty.
• Selling taxable goods without registering for Florida sales tax first.

Most of these cost more to fix than to avoid. That is exactly the gap a formation attorney closes.

Foreign Owners Forming a Florida LLC

You don’t have to be a U.S. citizen or resident to own a Florida LLC. Non-residents form them regularly, often as part of a larger plan that includes an E-2 investor visa or cross-border tax structuring. The extra layers are banking, tax withholding, beneficial ownership reporting, and immigration timing, which is where planning ahead pays off.

Boyer Law Firm is Board Certified in International Law and works with owners in French, Spanish, and Turkish. That means your entity, your visa, and your tax position get lined up together instead of one at a time.

Frequently Asked Questions

How much is an LLC in Florida?

The state filing fee to form a Florida LLC is $125, which includes the registered agent designation. After that, the only required recurring cost is the $138.75 annual report due by May 1 each year. Optional items like a certified copy add small fees.

How long does it take to form an LLC in Florida?

Online Articles of Organization usually process within about one to five business days. Paper filings take longer, and Florida offers no paid expedited option. Your LLC exists as soon as the Division of Corporations accepts the filing.

How much does an LLC cost per year in Florida?

The recurring cost is the $138.75 annual report, due by May 1. There is no separate state franchise tax on LLCs. If you hire a registered agent service, add roughly $0 to $150 a year on top.

Do LLCs pay taxes in Florida?

Florida has no personal income tax, so a standard pass-through LLC pays no state income tax on profit that flows to its owners. You still owe federal income and self-employment tax, and sales tax applies if you sell taxable goods or services.

Do I need a lawyer to form an LLC in Florida?

No, you can file the Articles of Organization yourself on Sunbiz. A lawyer adds the most value with the operating agreement, tax election, and multi-owner or foreign-owner situations, where a small mistake can cost far more than the filing.

Can a foreigner open an LLC in Florida?

Yes. Non-residents can own a Florida LLC. The added steps are U.S. banking, tax withholding, beneficial ownership reporting, and coordinating with any visa plan such as the E-2. A firm experienced with international clients keeps those pieces aligned.

Form Your Florida LLC With a Business Attorney

Forming a Florida LLC involves more than filing Articles of Organization. Owners also need to decide how the company will be managed, document each member’s rights, and select the appropriate tax treatment.

Boyer Law Firm, P.L. helps owners across Jacksonville, Orlando, Miami, Tampa, and Boca Raton make those decisions before filing. The firm prepares the formation documents and operating agreement, then addresses any tax election the owners choose.

Speak to Boyer Law Firm about how to form an LLC built around how your business will operate, divide profits, and make decisions.

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LLC formation handled end to end, with your costs laid out up front.We file the Articles, draft your operating agreement, and set up your registered agent and annual-report calendar.Start your LLC  |  Call Jacksonville (904) 236-5317  |  Business & Commercial services

Not sure an LLC is the right fit yet? Compare structures in LLC vs Corporation: How to Choose and LLC vs S-Corp.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Fees, deadlines, and rules change; confirm current requirements before you act. Attorney advertising.