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. Under s. 605.0112, adding a suffix, "a," "an," "the," "and" or "&," switching between singular, plural or possessive, or changing punctuation doesn't make a name different enough. 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

What about reserving the name?

Don't count on it. Florida's current Articles of Organization form (CR2E047) says preliminary name searches and name reservations are no longer available from the Division of Corporations, and that you're responsible for any name infringement. In practice, the free Sunbiz search is your availability check, and filing the Articles promptly is how you lock the name in.

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 live in Florida and use a physical Florida street address (not a P.O. box) as the registered office. Under s. 605.0113 your business office has to be that same address, and it will appear in the public Sunbiz record.
• Another individual: Any Florida resident whose business address is the registered office, such as a co-founder, an employee, or an attorney licensed in Florida.
• A commercial registered agent service: A corporation, LLC or partnership authorized to do business in Florida, with its office at the registered address. Commercial services keep their professional address in the public record instead of yours and notify you promptly when documents arrive.

The one option Florida rules out is the LLC itself. The Articles form says plainly that the company cannot serve as its own registered agent.

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 move, a commercial service also means the registered office keeps working without you filing a change every time your own situation shifts.

The Articles of Organization is the filing that creates your LLC in Florida's official records. You file online at efile.sunbiz.org. The form is CR2E047, and the state fee is $125: a $100 filing fee plus $25 for the registered agent designation, the same whether you file online or mail a check. The Division's fee schedule lists the optional extras, such as a $30 certified copy.

Filings are processed in the order received, and the Division posts how far along it is on its Document Processing Dates page. In early October 2026 that meant about a week for online filings. Florida does not offer expedited service, so there's no fee you can pay to jump the line. Once processed, the LLC appears in the Sunbiz database and your filing documents are available.

What goes in the Articles

• LLC name: Your full legal name with the required LLC designator
• Principal office street address: Where the business is actually based
• Mailing address (if different from principal office)
• Registered agent name and Florida street address: The agent's actual physical Florida address, with no P.O. boxes
• Registered agent signature: The agent signs to accept the appointment
• People authorized to manage (optional): Names and addresses of managers or authorized members; the form notes most banks want this
• Effective date (optional): Up to 5 business days before or 90 days after the filing date

The January 1 effective-date tip

Your first annual report is due in the calendar year after the year of formation. If you're forming late in the year, the Articles form suggests choosing a January 1 effective date for the coming year. That pushes your first annual report back a full year. The form's own example is an LLC filed on December 1 with a January 1 effective date.

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 (it 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, which courts look at 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. The IRS wants the LLC formed before you apply, and it issues one EIN per responsible party per day. If you form with Mainstay Filing, we apply for the EIN for you once Sunbiz has filed the Articles; the number itself is free.

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 between January 1 and May 1 each year, starting the year after formation, at the Sunbiz annual report portal. The fee is $138.75 and the report can only be filed online. It updates your registered agent, business address, and management information. It is not a financial disclosure. Missing May 1 adds a $400 late fee that can't be waived. If the report is still missing at 5:00 p.m. Eastern on the third Friday of September, the Division dissolves the LLC on the fourth Friday.

Registered agent maintenance

If your registered agent changes their address, resigns, or you switch to a different agent, file a Statement of Change (Form INHS18, $25) 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.