Start a Florida LLC — Step-by-Step Guide

Your LLC name must be distinguishable from every other entity already registered in Florida. "Distinguishable" is a legal standard, not just common sense — names that differ only by punctuation, spacing, or words like "the" or "and" may not pass. The Division of Corporations evaluates all names on file, not just LLCs but also corporations, partnerships, and other entity types.

Start at the Sunbiz name search tool. Search for your proposed name and close variations of it. Look for anything that sounds or reads similarly. If you find a name that's too close, the Division may reject your Articles, which wastes time and delays your formation.

Name requirements

• Must include "Limited Liability Company," "LLC," or "L.L.C." as part of the official name
• Cannot include words suggesting a government agency (e.g., "FBI," "Treasury," "State Department")
• Cannot include words like "bank," "trust," or "insurance" without additional approval from the relevant Florida regulatory agency
• Must be distinguishable from all active and inactive entity names in the Sunbiz database

Optional: Name reservation

If you're not ready to file but want to hold your name for up to 120 days, you can file a name reservation through Sunbiz for a small state fee. This doesn't form the LLC — it just locks the name while you handle other matters.

Fictitious names (DBAs)

If you plan to operate under a name other than your LLC's official legal name, you'll need to register a fictitious name separately through Sunbiz. A fictitious name registration runs for five years and requires publishing a notice in a newspaper of general circulation in the county where your principal place of business is located. This is a completely separate process from forming the LLC.

Before you file the Articles of Organization, you need a registered agent decided on and ready to be named. The registered agent must be listed in the Articles, and they must accept the designation.

Florida law requires every LLC to maintain a registered agent with a physical street address in Florida throughout the life of the entity. The registered agent is the person or entity that receives lawsuits, subpoenas, regulatory actions, and official state correspondence on behalf of your LLC.

Who can serve as your registered agent

• Yourself: You can serve as your own registered agent if you have a physical Florida street address (not a P.O. box) and are reliably available during business hours. Your home address or office address will appear in the public Sunbiz record.
• Another individual: Any Florida resident with a Florida street address — a co-founder, an employee, an attorney licensed in Florida, or another trusted person.
• A commercial registered agent service: A business entity authorized to serve as a registered agent in Florida. Commercial services keep their professional address in the public record instead of yours, ensure someone is always available during business hours, and notify you promptly when documents arrive.

Why the choice matters

If you use your home address as the registered agent address, that address becomes searchable on Sunbiz. Anyone looking up your LLC can find it. Many business owners prefer a commercial service specifically to avoid having a home address in a public database. If you travel frequently or work irregular hours, a commercial service also ensures compliance with the "available during business hours" requirement.

The Articles of Organization is the filing that creates your LLC in Florida's official records. You file online at efile.sunbiz.org. The state charges a total filing fee that covers both the Articles of Organization and the registered agent designation — consult the Division's fee schedule for the current amounts.

Online filings typically process in one to five business days. Once processed, the LLC appears in the Sunbiz database and your filing documents are available. There is no current expedited processing option for Florida LLCs.

What goes in the Articles

• LLC name: Your full legal name with the required LLC designator
• Principal office address: Can be a home address, commercial office, or commercial mail service. Cannot be a P.O. box alone.
• Mailing address (if different from principal office)
• Registered agent name and Florida street address: The agent's actual physical Florida address — no P.O. boxes
• Registered agent signature or authorization: The agent must accept the appointment
• Management structure: Member-managed or manager-managed
• Effective date (optional): You can request a future effective date up to five business days out

What you don't need to include

You don't need to list your members' names or ownership percentages, describe your business activities, or disclose any financial information. The Articles are a short formation document, not a disclosure filing. Your operating agreement handles the internal details, and it stays private.

An operating agreement is your LLC's internal governing document. Florida doesn't require you to file it with the state, and it doesn't go into any public database. But you should have one in place before you start doing business, taking on members, or opening bank accounts.

What a complete operating agreement covers

• Ownership structure: Member names, ownership percentages, and how interests are expressed
• Capital contributions: What each member contributed at formation and what future contribution obligations exist
• Profit and loss allocation: How profits and losses are distributed among members — doesn't have to match ownership percentage, but usually does
• Distributions: When and how cash is distributed, in what priority
• Management structure: Who runs the company day-to-day, what authority they have, and what decisions require a full member vote
• Voting rights: Whether votes are weighted by ownership percentage, per capita, or some other method
• Transfer restrictions: What happens when a member wants to sell their interest — rights of first refusal, approval requirements
• Dissolution: Under what circumstances the company can be wound up, and how assets are distributed

For single-member LLCs, the agreement reinforces that the LLC is a genuine separate entity — courts look at this when evaluating liability protection. Most banks ask for it when you open a business account. For multi-member LLCs, the agreement is essential: without one, Florida's statutory defaults govern everything, and those defaults often don't match what the members actually intended.

The IRS hands out an Employer Identification Number — a free, nine-digit federal tax ID — to identify your business. It's the business equivalent of a Social Security number — you use it on tax filings, when opening bank accounts, and when hiring employees.

When you need an EIN

• Your LLC has more than one member (multi-member LLCs must file a partnership return and need an EIN)
• You plan to hire employees
• You want to open a business bank account (most banks require it)
• You've elected to have the LLC taxed as an S-Corp or C-Corp

Single-member LLCs with no employees can technically use the owner's SSN for federal tax purposes, but most advisors recommend getting an EIN anyway. It keeps your Social Security number off business paperwork and simplifies bank account opening.

How to apply

Head to the IRS EIN Assistant on IRS.gov and file the request online. The application takes about ten minutes and the EIN is issued immediately — you can print the confirmation and use the number the same day. The application requires a US Social Security number or ITIN to complete online. Non-US residents without an ITIN must apply by fax or mail using Form SS-4.

Separate finances are non-negotiable for maintaining the LLC's liability protection. If you pay personal expenses from the business account, deposit business income into your personal account, or otherwise blur the line between yourself and the company, a court can disregard the LLC structure and hold you personally liable.

What most banks require to open an LLC account

• Filed Articles of Organization (your formation document from the Division of Corporations)
• IRS EIN confirmation
• Operating agreement (many banks require it; have it ready regardless)
• Government-issued ID for all authorized signers

Community banks and credit unions often have more flexibility with new LLCs than large national chains. Online business banks have made the process more accessible — some can open an account without requiring a branch visit. Compare monthly fees, transaction limits, and minimum balance requirements before choosing.

Most of the work of running an LLC compliantly is front-loaded in formation. After that, it's primarily one annual task plus attentiveness to changes in your registered agent or business address.

Annual report

File by May 1 each year at the Sunbiz annual report portal. The report updates your registered agent, business address, and management information. It is not a financial disclosure. Missing May 1 triggers a substantial late penalty. Missing the fourth Friday of September deadline triggers administrative dissolution.

Registered agent maintenance

If your registered agent changes their address, resigns, or you switch to a different agent, file a Statement of Change with the Division promptly. An outdated registered agent address leaves your LLC technically non-compliant even if everything else is current.

Tax filings

Federal requirements depend on how the LLC is taxed. Single-member LLCs file Schedule C. Multi-member LLCs file Form 1065. S-Corp elections file Form 1120-S. Florida has no state income tax on pass-through entities. If you sell taxable goods or services in Florida, register for sales tax with the Florida Department of Revenue.

Business licenses and permits

Florida doesn't issue a general business license, but many professions require state licensure. Local governments require business tax receipts. These operate on their own cycles and are completely separate from your LLC registration with the Division of Corporations.