How to Form an LLC in Florida: A Step-by-Step Guide

Starting a Limited Liability Company (LLC) in Florida is one of the most effective ways to protect your personal assets while enjoying the flexibility of running your own business. Whether you are launching a new venture or restructuring an existing one, forming an LLC can help shield you from personal liability, simplify your tax reporting, and enhance your professional credibility. This guide walks you through each step of forming an LLC in Florida—so you can start your business the right way.

What Is a Florida LLC

A Limited Liability Company, or LLC, is a hybrid business structure that combines the liability protection of a corporation with the simplicity of a sole proprietorship or partnership. Under Florida law, an LLC is recognized as a separate legal entity. This means that the company, not the owner, is responsible for debts, obligations, and liabilities incurred by the business. The flexibility of an LLC allows you to choose how you want to be taxed and how your business will be managed.

Step 1: Choose a Name for Your LLC

Your LLC’s name must be unique and not already in use by another business registered with the Florida Division of Corporations (Sunbiz). The name must include the words “Limited Liability Company” or an accepted abbreviation such as “LLC” or “L.L.C.” You can check name availability on the Sunbiz website and reserve your name while preparing your filing documents. Avoid using restricted words like “bank,” “insurance,” or “university” unless you have special approval.

Step 2: Designate a Registered Agent

Every Florida LLC must have a registered agent—an individual or business entity with a physical address in Florida who is authorized to receive legal documents and official notices on behalf of your company. The registered agent must be available during normal business hours and can be a member of the LLC or an outside professional service.

Step 3: File Articles of Organization

To officially form your LLC, you must file Articles of Organization with the Florida Division of Corporations. This can be done online through Sunbiz or by mail. The Articles of Organization must include:

• Your LLC’s name and principal business address
• The name and address of your registered agent
• The names of the LLC’s managers or authorized members
• The effective date of the LLC (if not immediate)

The state filing fee is currently $125, which includes both the registration and registered agent designation fees. Once approved, you will receive a filed copy and a certification of status, confirming that your LLC is officially recognized in Florida.

Step 4: Create an Operating Agreement

Although Florida does not legally require an LLC Operating Agreement, it is highly recommended. This internal document outlines how the business will be managed, how profits and losses will be distributed, and what happens if a member leaves or passes away. Having a clear Operating Agreement helps prevent internal disputes and ensures that courts respect your LLC’s limited liability protections.

Step 5: Obtain an EIN from the IRS

Your LLC will need an Employer Identification Number (EIN) from the Internal Revenue Service for tax purposes. The EIN is like a Social Security number for your business and is required to open a business bank account, hire employees, and file federal taxes. You can apply for free directly through the IRS website.

Step 6: Register for State and Local Taxes

Depending on your business type and location, you may need to register with the Florida Department of Revenue for sales tax, reemployment tax, or other business-related taxes. Some cities and counties also require local business tax receipts or occupational licenses. Checking these requirements early prevents compliance issues later.

Step 7: File Your Annual Report

Florida LLCs must file an annual report with the Division of Corporations to maintain active status. The report updates your company’s information, such as address or management changes. The filing period runs from January 1 to May 1 each year. Failure to file the annual report on time can result in a late fee or administrative dissolution of your LLC.

Step 8: Maintain Compliance and Good Standing

Forming your LLC is just the beginning. To keep your business in good standing, you must maintain proper records, separate personal and business finances, renew any required licenses, and stay compliant with federal and state tax obligations. Regular legal and financial reviews help ensure your business stays protected and efficient as it grows.

Why Work with Barnes Walker

At Barnes Walker, we guide Florida entrepreneurs through every step of forming and maintaining their business entities. Our attorneys handle all aspects of LLC creation—from filing formation documents and drafting Operating Agreements to structuring ownership and ensuring long-term legal compliance. We tailor every strategy to meet your unique goals, helping you minimize risk while building a strong legal foundation for your company’s future.

Ready to form your LLC in Florida. Contact Barnes Walker today for personalized legal guidance and discover how our business law team can help you turn your vision into a thriving enterprise.

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Sources

• Florida Division of Corporations — Sunbiz
• Florida Department of Revenue
• Internal Revenue Service — Starting a Business
• The Florida Bar — Starting a Small Business in Florida
• Nolo — How to Form an LLC in Florida