How to Start Your Own LLC in Florida

1. Name Your Florida LLC

Naming your business can be challenging. You need a name that's unique, easy to remember, and conveys what your business does. To choose a name, you can try a few different methods:

• Decide on a Business Concept: Before you name your LLC, you need to have a clear idea of what your business will do.
• Ask People You Know for Suggestions: Reach out to people whose opinions you value and trust. Explain your business concept and ask for their thoughts on a name.
• Do a Web Search: Once you have a few name ideas, check their online presence. Is the domain name available? Are there companies with similar names that could create confusion?
• Use an Online Business Name Generator: They can provide inspiration and help you think about your business from different angles. Keep in mind, though, that these generators can't replace human creativity and may not understand the nuances of your business as well as you do.

Your business name is your business identity and the first impression people will have of your company, so be sure to take your time with this step and get it right.

Also, check Florida's LLC naming regulations to ensure you comply.

Check Name Availability in Florida

Once you have a few business name ideas, you'll want to ensure they're available. Go to the Florida Secretary of State website and enter your business name. The search will bring up names similar to the name you entered, so make sure no names could be confused with yours. You should take an extra step and search for similar business names, as you don't want a name that can be easily confused with other businesses in Florida.

Florida LLC Naming Requirements

• Must include "Limited Liability Company" or an abbreviation (LLC or L.L.C.)
• Cannot have words that could confuse your LLC with a government agency
• Must be distinguishable from all other business names in the state
• Cannot include words like bank, insurance, or university without state approval
• Cannot imply involvement in unlawful activity

Check Federal Trademarks

Next, check with the US Patent and Trademark Office to ensure the name is not trademarked and is thus available nationally.

Additional Tips

Florida does not allow reserving a business name. Form your LLC as soon as possible to secure your chosen name.

Doing Business As (DBA)

You may want to do business under a name other than your LLC name. You'll need to register a "doing business as" or DBA name. There are two main reasons you might want to use a DBA:

Suppose you want to add new product lines. For example, if your business name is "JJ's Waffles," you want to expand and offer "JJ's Muffins." You can have multiple DBAs under the umbrella of your one LLC.

When you have a DBA, you can have a business bank account under that name. So if you add "JJ's Muffins," customers can pay "JJ's Muffins," and you can deposit those payments into the bank account with that name.

In Florida, a DBA is known as a fictitious name. To register a fictitious name in Florida:

Go to the Division of Corporations website and begin the registration process.

The form requires the following information:

• Fictitious name chosen
• Business mailing address
• County where your principal place of business is located
• Your federal employer identification number (FEIN)
• Email address
• Names of the LLC members

Once you've entered all the required information, you'll be taken to payment.

Fee to register a fictitious name: $50

2. Select a Registered Agent

Florida requires LLCs to appoint a registered agent, a person or company authorized to accept and respond to official business correspondence, such as legal, tax, or financial documents.

The registered agent ensures all important notices and documents are received. In Florida, the registered agent can be an LLC member, individual, or entity that meets state requirements.

Registered Agent Requirements in Florida

• Be 18 years or older
• Have a physical address in Florida
• Be available during regular business hours
• Be registered to operate in Florida, if it's a business

Many business owners hire a registered agent service to ensure their LLC stays fully compliant and for convenience.

If you choose to be your registered agent, you must be at your registered agent's address for all business hours.

A registered agent service allows you to be wherever you need to be to run and grow your business.

3. Determine Your Management Structure

LLCs in Florida can be member-managed or manager-managed:

Member-Managed

Members handle all management duties. Best for LLCs with few members who actively participate in daily operations.

Manager-Managed

Non-member employees or members act as managers to oversee operations. Useful when some members are passive.

Florida Requirement: List the managers in your Articles of Organization before filing.

4. File Articles of Organization

To form your LLC, file Articles of Organization with the Florida Division of Corporations.

Information Required

• LLC name
• Principal office address
• Registered agent information
• Registered office address
• Names and addresses of members or managers

Once you enter the information, you'll have the opportunity to review it.

Filing Fee & Processing

• Filing Fee: $125
• Processing Time: 1–2 weeks

Florida Division of Corporations Contact

SunBiz.org – Florida Division of Corporations

The Centre of Tallahassee, 2415 N. Monroe Street, Suite 810, Tallahassee, FL 32303
Phone: 850.245.6000

5. Draft an Operating Agreement

An Operating Agreement is a legal document outlining ownership and member duties.

Florida does not require an operating agreement, but it's recommended even for single-member LLCs.

Typical Elements Include

• LLC name and principal address
• Duration of the LLC
• Registered agent name and address
• Membership information
• Management and voting
• Financial matters (profit/loss distribution)
• Procedures for adding/removing members
• Dispute resolution and legal policies
• Recordkeeping and communication

Operating agreement templates are available online, but it's best to have an attorney review them.

6. Get Your Employer Identification Number (EIN)

The IRS uses an EIN to identify your company for tax purposes. Required if your LLC has more than one member or hires employees.

Responsible Party Requirement

• Must be a natural person controlling, managing, or directing the entity's funds
• SSN, ITIN, or EIN of the responsible party must be disclosed

Apply via the IRS website.

7. Obtain Business Licenses and Permits

Licensing depends on your business type and location.

Federal Level

OSHA, health permits, industry-specific licenses.

State Level

• DPBR licenses: Restaurants, geologists, construction, etc.
• DACS licenses: Private investigators, agricultural dealers, etc.

Local Level

City or county permits may include:

• Industry-specific licenses
• Building/zoning permits
• DBA permits
• Health/fire/sign permits

Tip: Consult a business attorney or service like MyCorporation to ensure compliance.

8. Determine Your Tax Status

Default: Pass-through entity; profits/losses reported on personal returns.

Default Tax Treatment

Single-Member LLC: Taxed as sole proprietorship; self-employment taxes apply.

Multi-Member LLC: Taxed as partnership; Form 1065; self-employment taxes apply.

Corporate Election

C-Corp: Corporate tax 5.5%; dividends subject to federal tax

S-Corp: Income passes through; reasonable salary subject to payroll taxes; profits beyond salary avoid self-employment tax

LLC Overview in Florida - Additional Requirements

Open a Business Bank Account

Keep personal and business finances separate

Business Credit Card

Establish credit and manage startup expenses

Insurance

• General liability
• Professional liability (E&O)
• Workers' compensation
• Property and equipment insurance
• Commercial auto
• Business owner's policy (BOP)

Records

Keep copies of all formation documents, operating agreement, contracts, and financial/legal documents.

Annual Reporting

• File annual report by May 1
• Fee: $138.75
• Late fee: $400 after May 1
• File online: SunBiz.org

Florida LLC FAQs