How to Start an LLC in Florida (2026): Step-by-Step Guide

Published: May 2026 · Updated for the 2026 tax year

Starting an LLC in Florida is a genuinely cheap, mostly online affair — $125 to Sunbiz and you're done. The part that catches people is what happens after year one: a $138.75 annual report, a $400 late fee that lands the day after the deadline, and an administrative dissolution date in September if you ignore it entirely. This guide walks through every step, what a Florida LLC actually costs year by year, how to form one from outside the US, and the deadlines that quietly dissolve LLCs that miss them.

A note from Slava

I'm Slava, co-founder and CEO of Jupid. Before this I co-founded and scaled an AI-powered accounting platform to around $30M in revenue and more than 100,000 business users — a company that files a lot of paperwork in a lot of states and watches customers trip over the same potholes again and again.

Florida is the state people pick to avoid potholes — no state income tax, a simple online filing, a business-friendly reputation. All true. But one trap doesn't show up in the cheerful "form an LLC in Florida" articles: the annual report. It's $138.75 if you file by May 1. File on May 2 and it's $538.75 — the $400 late fee is non-waivable, and one day counts as fully late. Skip it altogether and your LLC gets administratively dissolved in September, after which reinstating it costs more than the late fee ever would have.

So this guide does what the others skip: it adds up the real cost over time (the year-one and year-two numbers are not the same, and most guides get this wrong), it spells out the non-resident path, and it hands you a dated checklist for your first 90 days. Everything here is current for 2026, with links to the official sources so you can verify before you file.

Florida LLC at a glance

Sources: Sunbiz — LLC fees, Sunbiz — file an annual report, Florida Department of Revenue.

Should you actually form your LLC in Florida?

If you live in Florida and run your business from Florida, form your LLC in Florida. The popular "form in Wyoming or Delaware instead" advice does nothing for you here: an out-of-state LLC that does business in Florida has to register as a foreign LLC with the Division of Corporations anyway — a second set of fees and a registered agent in the other state on top of Florida's, for no benefit.

Florida is also a genuinely good destination state for people who don't live anywhere near it: no state personal income tax, no residency requirement for members or managers, an English-language online filing, and a recognized jurisdiction. The trade-off is the annual report discipline (below) and the fact that "no state income tax" doesn't mean "no Florida tax obligations" — sell to Florida customers or hire in Florida and you still have registrations to make. If you're weighing states, our best state to form an LLC tool walks through the trade-offs, our Texas LLC guide covers another no-income-tax option, and our Wyoming LLC guide covers the non-resident case there.

For everyone whose business is in Florida — or who's chosen Florida deliberately — here's how.

How to start an LLC in Florida, step by step

1. Choose and check your LLC name

Your name has to include "Limited Liability Company," "LLC," or "L.L.C." — and it can't pretend to be a corporation, so "Inc." and "Corp." are off the table. It also has to be distinguishable from every other entity on file with the Division of Corporations, so run it through the Sunbiz business name search before you get attached to anything. Want ideas or want to test a few options at once? Our Florida business name generator is built for that. A name reservation holds a name for $25, but for most people it's faster to just file the Articles.

2. Appoint a Florida registered agent

Every Florida LLC needs a registered agent to accept legal papers on its behalf — either an individual who lives in Florida or a business entity authorized to do business in Florida, in each case with a physical Florida street address, not a P.O. box. The Florida-specific catch: the agent has to sign and accept the designation on the Articles of Organization, or the filing isn't complete. You can serve as your own agent if you're a Florida resident; the LLC itself cannot. The agent's name and address are public on Sunbiz, which is why Florida residents who'd rather keep a home address private — and everyone without a Florida street address — hire a commercial registered agent for roughly $100–$150 a year.

3. File the Articles of Organization on Sunbiz

This is the step that creates your LLC. File online at efile.sunbiz.org for $125 total — a $100 filing fee plus a $25 registered agent designation fee, both required (you can also mail a fillable PDF with a check, but the portal is faster). You'll list the LLC name, principal place of business, mailing address, registered agent and their signed acceptance, and the people authorized to manage the LLC. Florida has no paid expedited tier — no rush option to buy, period — and publishes no guaranteed turnaround; online filings typically post within a few business days. Once approved, save the stamped Articles; your bank will ask for them, and you can order a Certificate of Status ($5) if a lender wants one.

4. Write an operating agreement

Florida doesn't require you to file an operating agreement, and the statute doesn't strictly require you to have one — write one anyway. It sets out ownership percentages, how profits are split, who decides what, and what happens if a member leaves. Banks routinely ask to see it. Even a single-member LLC should have one — it's part of how you keep the liability shield intact. You keep it with your records; nobody files it with the state.

5. Get your EIN from the IRS

An EIN is your LLC's federal tax ID — you need it to open a bank account, hire anyone, and file taxes, and it's free. Apply at irs.gov; with an SSN or ITIN the online application takes a few minutes once the LLC exists. Without one (common for non-resident owners), file Form SS-4 by fax or mail — see the non-resident section below. Never pay a third party for the number itself.

6. Register for Florida state taxes and local licenses

Forming the LLC doesn't cover your operating obligations. If you sell taxable goods or services, or rent commercial property to Florida customers, register as a sales-and-use-tax dealer with the Florida Department of Revenue using Form DR-1 before your first taxable sale, then file sales-tax returns on the schedule the state assigns. Register for reemployment tax (also via DR-1) if you'll have employees. Most counties, and some cities, require a local business tax receipt — a flat annual fee, usually $20–$150. And any professional or industry license you'd need as a sole proprietor — contractor, real estate, food service, cosmetology — you still need as an LLC, typically through DBPR.

7. Calendar your annual report

The step nobody thinks of on day one is the one that bites. Your first annual report is due between January 1 and May 1 of the year after you form — an LLC formed in 2026 files in 2027 — for $138.75, online at Sunbiz. Card payments post immediately. Miss May 1 by even a day and a non-waivable $400 late fee brings the total to $538.75; ignore it long enough and your LLC is administratively dissolved in September. Set an April 1 reminder. More on the exact dates below.

What a Florida LLC really costs, year by year

Most guides quote "$125 plus $138.75" as one number, implying you owe about $264 in year one. You don't — the first annual report is the following year. Here's the fuller picture.

Year one (formation year)

Every following year

The annual report landmine, with the 2026 dates. $138.75 if you file by May 1. $538.75 on May 2 — the $400 late fee attaches automatically and the state won't waive it. If you still haven't filed by the third Friday in September, the LLC is administratively dissolved at the close of business on the fourth Friday in September. For 2026, Sunbiz lists the cutoffs explicitly: card payments through 5:00 p.m. EST on September 25, 2026; check payments postmarked by September 18, 2026 (confirm the current year's dates on the Sunbiz annual report page — they shift with the calendar). Reinstating a dissolved LLC costs a reinstatement fee on top of every missed report, so file in February, not on a deadline.

Hidden costs people miss. Registered-agent auto-renewal on "free LLC" service plans ($100–$300/yr); the county (and sometimes city) business tax receipt; ongoing sales-tax filing if you sell taxable goods or services; reemployment tax if you hire; $25 amendment fees for a name, member, or address change; and reinstatement after an administrative dissolution.

DIY versus a formation service versus Jupid. DIY costs the $125 state fee and about 15 minutes on efile.sunbiz.org. A formation service charges $0–$300 on top — the "$0" packages still pass through the $125 and then upsell a registered agent and a "compliance" subscription that auto-renews. Jupid forms your Florida LLC for free — you pay only the $125 state fee — and then handles the bookkeeping and tax filings afterward, which is where the real ongoing cost lives. To model your numbers, use our Florida LLC annual cost calculator.

Forming a Florida LLC as a non-resident or foreign founder

Florida is one of the most popular states for non-US founders to form a US LLC: no residency or citizenship requirement for members or managers, no state personal income tax, an English-language online filing, a recognized jurisdiction. The practical hurdles are a Florida registered agent, an EIN, a US bank account, and your US and Florida tax filings.

Registered agent. If no member or manager has a real Florida street address, you must use a commercial registered agent with one — budget around $100–$150 a year. P.O. boxes, foreign addresses, and mailbox-store addresses don't qualify, and the agent has to sign and accept the designation on the Articles, so this needs to be in place before you file.

Getting an EIN without an SSN. The IRS online EIN tool requires the responsible party to have an SSN or ITIN, so foreign founders generally can't use it. Instead, file Form SS-4: on the line asking for the responsible party's SSN/ITIN/EIN, write "Foreign" — don't invent a number. Submit by fax (turnaround around four business days) or mail (weeks). Check the current Form SS-4 instructions for the right fax number, since the IRS changes it. The EIN is free; ignore services charging "EIN filing fees." An ITIN (Form W-7) is usually not a prerequisite — you'd need one only if you personally have a US tax filing obligation, not to form the LLC or get its EIN.

The Form 5472 obligation — don't skip this. A single-member LLC owned by a non-US person is a "disregarded entity" that generally must file Form 5472 along with a pro-forma Form 1120 every year, reporting transactions between the LLC and its foreign owner — including the capital you put in. The penalty for missing it is $25,000. Almost no Florida LLC guide mentions this; build it into your annual calendar from day one, alongside the May 1 annual report.

US bank account. Traditional banks generally still want the owner physically present, with the EIN confirmation letter, the filed Articles, the operating agreement, and a passport. Several fintech business-banking platforms onboard non-resident-owned US LLCs remotely — eligibility and policies vary by country and change often, so confirm current terms directly with the provider before you rely on any of them.

"No state income tax" is not "no Florida tax." A foreign-owned Florida LLC may still owe Florida sales and use tax if it sells taxable goods or services or rents commercial property to Florida customers — register via Form DR-1 before the first taxable sale — plus reemployment tax if it hires in Florida and a local business tax receipt depending on where it operates. The 5.5% Florida corporate income tax only applies if the LLC elects to be taxed as a C-corporation. Federally, if the LLC is engaged in a US trade or business, the foreign owner has US filing obligations of their own (Form 1040-NR for an individual, plus the Form 5472 filing above), subject to any tax treaty. And Florida LLC filings — the registered agent's address and any managers listed — are public on Sunbiz; a commercial agent keeps a personal address off that record, but names on the annual report stay public.

Registered agents and the Corporate Transparency Act (BOI)

Your registered agent receives lawsuits and official notices for the LLC. In Florida it has to be a state resident or a Florida-authorized business entity with a physical Florida street address, it has to sign and accept the designation on the Articles, and — because the address is public — plenty of Florida residents hire a commercial agent purely to keep a home address off the record.

On the federal side: under the Corporate Transparency Act, LLCs were originally required to file a Beneficial Ownership Information (BOI) report with FinCEN. That changed. FinCEN's interim final rule, published March 26, 2025, redefined a "reporting company" to mean only entities formed under foreign law that register to do business in a US state. As of early 2026, a Florida-formed LLC — even one with foreign owners — has no BOI filing obligation. The rule is still "interim final," and FinCEN is expected to finalize it in 2026, so this could shift; check fincen.gov/boi before you assume either way. Last checked: May 2026. (A foreign-formed entity that registers to do business in Florida may still have a BOI obligation as a "foreign reporting company.")

Your first 30, 60, and 90 days

Days 1–7 — Get your EIN from the IRS (free; online with an SSN/ITIN, otherwise fax or mail Form SS-4). Adopt your operating agreement and keep it with your records. Check your BOI status — as of early 2026 a domestic Florida LLC has no FinCEN filing to make; re-verify at fincen.gov/boi. Save your stamped Articles; order a Certificate of Status ($5) if a bank wants one.

Days 1–30 — Open a US business bank account (EIN letter, filed Articles, operating agreement, ID), and keep business and personal funds strictly separate. Register for Florida sales and use tax via Form DR-1 before your first taxable sale if you sell taxable goods or services; register for reemployment tax (also DR-1) if you'll hire. Apply for your county (and, if required, city) local business tax receipt. Get any professional or industry licenses your work requires. Look into business insurance — general liability now, workers' comp once you have employees.

Days 1–60 — Set up bookkeeping from day one so you have clean records when sales-tax returns and the annual report come due. If you'll trade under a name other than the LLC's legal name, register a fictitious name (DBA) with Sunbiz ($50) — that registration includes a newspaper-publication step, which applies to the fictitious name, not to LLC formation. If you're a foreign-owned single-member LLC, note the annual Form 5472 + pro-forma 1120 filing.

Days 60–90 — If you're profitable enough, evaluate an S-corp election (Form 2553), typically worth modeling around $40,000–$50,000+ of consistent profit. Calendar the Florida annual report: due May 1 of next year, $138.75, filed at Sunbiz — set a reminder for April 1, because one day late is a non-waivable $400 penalty and not filing by the third Friday of September means administrative dissolution. Note your commercial registered agent's renewal date if you use one; these often auto-renew.

Common mistakes with Florida LLCs

Treating the $138.75 annual report as optional. File on May 2 and it's $538.75 — the $400 late fee is automatic and non-waivable; don't file by the third Friday of September and your LLC is administratively dissolved, after which reinstatement costs the reinstatement fee plus every missed report. Fix: file in February.

Forgetting the registered agent has to sign the Articles. The filing isn't complete without the agent's signed acceptance, so line up your agent (or commercial service) before you submit.

Assuming "no state income tax" means "no Florida tax." If you sell taxable goods or services without registering for sales tax via DR-1, or skip the county business tax receipt, you're out of compliance from day one. Register for sales tax before your first taxable sale.

Paying for things that are free. The EIN costs nothing from the IRS, and an operating agreement is a document you keep, not a product you buy.

Skipping Form 5472 as a foreign-owned single-member LLC. That's a $25,000 penalty per missed year — calendar the annual Form 5472 + pro-forma 1120 the same day you form the LLC.

How Jupid helps

Jupid forms your Florida LLC for free — you pay only the state's $125 filing fee, no service markup and no surprise "compliance" subscription. After that, Jupid is your AI accountant, working in WhatsApp and iMessage the same way you already text. It connects to your business bank account, automatically categorizes your transactions (around 95.9% accuracy), keeps your deductions organized, and prepares your tax filings with CPA review before anything is submitted. The $125 and the $138.75 annual report you'll just pay — but the bookkeeping, the sales-tax math if you sell taxable goods, and clean books to back it all up are the work that actually takes time year after year, and that's the work Jupid does for you. Start your Florida LLC free with Jupid →

Frequently asked questions

How much does it cost to start an LLC in Florida in 2026? The state cost is $125 — a $100 filing fee for the Articles of Organization plus a $25 registered agent designation fee, both paid to Sunbiz. There is no annual report due in the formation year. A commercial registered agent (about $100–$150 a year) is optional unless you don't have a Florida street address.

Does Florida have an annual fee for LLCs? Yes — a $138.75 annual report, due between January 1 and May 1 every year, starting the year after you form. File it after May 1 and a non-waivable $400 late fee is added, bringing the total to $538.75. Don't file at all and your LLC is administratively dissolved on the fourth Friday of September.

Do I need a registered agent for a Florida LLC? Yes. It must be a Florida resident or a business entity authorized to do business in Florida, with a physical Florida street address — no P.O. boxes. The agent has to sign and accept the designation on the Articles of Organization, and the LLC cannot serve as its own agent.

Can a non-US resident open an LLC in Florida? Yes. Florida has no residency or citizenship requirement for members or managers. You'll need a commercial registered agent with a Florida street address, an EIN (which you can get without an SSN by faxing Form SS-4), and — if you're the sole owner of a foreign-owned LLC — an annual Form 5472 with a pro-forma Form 1120, which carries a $25,000 penalty if missed.

Does Florida require LLCs to publish a formation notice in a newspaper? No. Florida has no newspaper publication requirement for LLC formation. A fictitious name (DBA) registration does include a publication step, but that's separate from forming the LLC itself.

How long does it take to form an LLC in Florida? Florida does not publish a guaranteed turnaround. Online filings on Sunbiz typically post within a few business days; mailed filings take longer. There is no paid rush option — Florida only sells optional certified copies and certificates of status, not faster processing.

Official sources

• Sunbiz — start a Florida LLC (overview) · Articles of Organization instructions · file online
• Sunbiz — LLC fees ($125 to form; $138.75 annual report; $400 late fee; optional certified copy / certificate of status)
• Sunbiz — file an annual report (May 1 deadline, $400 late fee, September dissolution dates)
• Sunbiz — business name search
• Florida Department of Revenue — LLCs and reemployment tax · register a tax account / DR-1 online · Form DR-1 (PDF) · corporate income tax
• IRS — get an EIN · Instructions for Form SS-4 · EIN for international applicants · About Form 5472
• FinCEN — Beneficial Ownership Information
• Related on Jupid: Florida LLC formation · Florida LLC annual cost calculator · best state to form an LLC · Florida business name generator · what you need to start an LLC · sole proprietorship vs LLC

This guide is general information, not legal or tax advice. Fees, deadlines, and thresholds change — verify with the official sources above before you file.

Last updated: May 2026.