Florida LLC Setup Guide

Complete step-by-step formation process for starting your LLC in Florida

Quick Facts

State Filing Fee$125

Annual Renewal$138

Start Your Florida LLC

Starting a limited liability company in Florida doesn't have to be complicated when you have the right guidance. Our Florida LLC Setup Guide walks you through each essential step of the formation process with clarity and confidence. Whether you're just exploring your options or ready to file your paperwork, this Florida LLC Setup Guide provides the foundational knowledge you need to establish your business entity successfully. Use this Florida LLC Setup Guide as your roadmap to launching your new venture with certainty.

How to Start an LLC in Florida

Forming an LLC in Florida requires five sequential steps. Before you begin, gather the necessary information and materials to streamline the process.

What You'll Need:

Your desired business name (plus 2-3 backup options)
Business address and mailing address in Florida
Names and addresses of all LLC members/owners
Ownership percentages for each member
Registered agent's name and physical address in Florida
Payment method for Florida's filing fee
EIN application information (Social Security Number or existing EIN)

The 5 Steps to Form Your Florida LLC:

Step 1: Name Your Florida LLC - Choose a unique business name that meets Florida's requirements and verify it's available.

Step 2: Designate a Registered Agent - Appoint someone with a physical Florida address to receive legal documents on behalf of your LLC.

Step 3: File Articles of Organization - Submit official formation documents to the Florida Secretary of State along with the filing fee.

Step 4: Create an Operating Agreement - Draft internal rules that govern how your LLC operates.

Step 5: Obtain Your EIN - Apply for a federal tax identification number from the IRS.

Let's walk through each step in detail.

Step 1: Choose a Business Name

Choosing an appropriate name for your Limited Liability Company (LLC) serves as a critical foundation for building your business presence and legal framework. Your options include managing this independently, working with a business attorney for professional legal guidance, or joining 70% of readers who select EZ Entity Setup (recommended).

Essential Name Criteria

Your LLC name must satisfy key requirements:

Original and distinguishable from all businesses currently registered within Florida
Cannot incorporate government-associated language like State, Treasury, or other phrases suggesting official government ties
Cannot feature forbidden words including Bank, University, or Olympic

Internet Domain Research

Investigate online to verify your business name remains available as an internet domain. Regardless of current website plans, claiming the domain is vitally important since it prevents competitors from securing it, potentially avoiding future headaches and costs.

Strategic Name Preparation

Given that names undergo approval via first-come, first-served methodology, create 2–3 alternative choices before submitting your formation documents. This strategy guarantees backup options if your preferred name is already claimed or doesn't fulfill Florida naming regulations.

Final Validation

Once you've determined your favored alternatives, check availability through Florida's official business records or request a professional name verification to secure your final selection.

Step 2: Select a Registered Agent

LLC formation requires the selection of a registered agent. This designated party acts as your company's authorized contact for accepting service of process, state notifications, and other essential business communications.

Requirements

The designated agent must possess a physical location within Florida boundaries where your LLC is incorporated.

Professional Registered Agent Service

A significant number of entrepreneurs select professional registered agent providers. This decision offers key benefits:

Essential documentation receives timely attention
Critical compliance dates are properly managed
Your company stays current with Florida requirements
Personal privacy is preserved by excluding your home address from public filings

Personal Service Alternative

While handling registered agent duties yourself remains an option, utilizing professional services generally delivers superior consistency and security.

Step 3: File the Articles of Organization

The Articles of Organization constitute the essential formation paperwork needed to legally create an LLC in Florida. Various states may use different terminology like Certificate of Formation or Certificate of Organization for these documents, but their core objective remains consistent.

What's Included

The Articles of Organization document critical aspects of your enterprise, such as:

The LLC's registered name
Corporate headquarters address
Registered agent contact information
Business management configuration

Purpose and Benefits

The essential goal of the Articles of Organization is to officially incorporate your LLC as a legitimate business organization. After these forms are submitted and accepted by Florida, your enterprise achieves legal standing, along with the protections and privileges granted to LLCs—such as owner liability limitations and authorized status for commercial activities.

Step 4: Create an Operating Agreement

An Operating Agreement represents an internal contractual document that specifies the ownership distribution, administrative structure, and procedural framework of an LLC. While statutory requirements fluctuate among states, this agreement is advisable for all LLCs, even where not legally obligatory.

What It Covers

The Operating Agreement determines:

Methods for reaching business decisions
Systems for profit distribution and loss allocation
Member responsibilities and authorities
Guidelines for member entry or exit

Why It's Important

The value of an Operating Agreement rests in the safeguards and structure it establishes. It helps eliminate disputes among members by creating well-defined standards and procedures from inception. Moreover, possessing a comprehensive Operating Agreement validates the LLC's position as a distinct legal entity, which helps sustain limited liability coverage for its owners.

Consequences Without One

Without such documentation, your enterprise may operate under generic Florida statutes that could conflict with your preferred business methodology.

Step 5: Get an EIN Number

An Employer Identification Number (EIN), alternatively called a Federal Tax ID Number, is a specific nine-digit code assigned by the Internal Revenue Service (IRS). Your LLC utilizes this EIN for federal tax identification purposes, operating much like how a Social Security Number serves to identify individual taxpayers.

Why You Need an EIN

Acquiring an EIN constitutes an essential requirement for establishing a new LLC. Generally, an EIN becomes mandatory to:

Set up a commercial bank account
Add employees to your workforce
Complete federal and state tax filings
Secure various business licenses or permits

Benefits for Single-Member LLCs

Even if your LLC consists of a sole member without any employees, an EIN facilitates the division between personal and business finances, strengthening the legal separation between you as an individual and your company. This financial boundary represents a vital factor in upholding your LLC's limited liability protections.

Next Steps after Forming Your LLC

Florida has several additional requirements beyond the standard LLC formation process. These state-specific obligations must be completed to ensure your LLC is fully compliant with local regulations.

Publication Requirement: After filing Articles of Organization with the Florida Department of State, you must publish a notice of the LLC formation in a newspaper of general circulation in the county where the principal place of business is located. This publication must occur within 50 days of filing and must be published once a week for two consecutive weeks.
Affidavit of Publication: After completing the newspaper publication, you must file an Affidavit of Publication with the Florida Department of State within 60 days of the initial publication. This confirms that the required notice was properly published.
Fictitious Name Registration (if applicable): If your LLC operates under a name different from its legal name, you must register the fictitious name with the Florida Department of State and publish it in a local newspaper following the same publication requirements.
Initial Report: Florida LLCs must file an Initial Report with the Department of State within 90 days of formation. This report provides updated information about the LLC's principal place of business, registered agent, and members or managers.

Benefits of LLCs in Florida

Florida offers several compelling advantages for LLC formation that make it an attractive choice for business owners. These benefits can provide significant value for your business operations and growth.

No State Income Tax: Florida has zero state income tax on LLC profits and personal income, allowing business owners to save thousands of dollars annually compared to states with income taxes—a major competitive advantage for profitability.
Low Formation and Filing Fees: Florida LLC formation is affordable with just a $125 initial filing fee ($100 for Articles of Organization plus $25 registered agent fee), making it one of the most cost-effective states to establish an LLC.
Annual Report Cost: Annual compliance is inexpensive at $138.75 per year (or $538.75 if filed after May 1), keeping ongoing operational costs low compared to many other states.
Strong Asset Protection: Florida provides robust personal liability protection that shields members' personal assets from business debts and legal liabilities, similar to corporate protection but with greater flexibility.
Flexible Management Structure: Florida LLCs allow both member-managed and manager-managed models, offering flexibility without requiring formal board meetings or complex governance structures required by corporations.
Tax Classification Flexibility: Florida LLCs can elect to be taxed as sole proprietorships, partnerships, S-corporations, or C-corporations, allowing business owners to optimize their tax strategy as their business grows and evolves.
Pass-Through Taxation: LLCs benefit from pass-through taxation, avoiding double taxation that corporations face, with profits flowing directly to members' personal tax returns.
Simple Formation Process: Florida's straightforward LLC formation process requires minimal paperwork and can be completed quickly, making it ideal for entrepreneurs wanting to start operations promptly.
Strong Legal Framework for Non-Resident Ownership: Florida is recognized as a leading state for non-resident LLC ownership, providing strong legal protections and making it an excellent choice for out-of-state entrepreneurs.