How to Form a Florida LLC
Created by FindLaw's team of legal writers and editors | Last updated February 14, 2019
If you've decided that forming a Florida LLC is the right choice for your business, then you'll want to ensure that you understand the characteristics of an LLC and the state laws that govern this particular business structure. This article explains how to form an LLC in Florida and includes the following information:
- The definition of an LLC;
- Links to the forms you'll need to establish your Florida LLC;
- Links to laws applicable to Florida LLCs; and
- An overview of the steps needed to form a Florida LLC.
LLC Definition
LLC stands for "limited liability company." It's a business entity, which combines certain characteristics of a corporation (no personal individual liablity for the company's debts or lawsuits) and certain elements of a partnership (flow-through treatment of income for tax purposes), among other features.
Forms for Florida LLC Formation
Part of the process of forming an LLC in Florida includes the completion and filing of specific forms. Find the forms you'll need by checking out FindLaw's do-it-yourself Florida LLC Formation Package.
How to Form a Florida LLC: An Overview
While the LLC formation process is similar in all states, there are key differences that you must know about when you form an LLC. See the chart below for important information about the rules and process for forming an LLC in Florida.
Statutes |
Florida Revised Limited Liability Company Act, Title XXXVI Chapter 605: |
Selecting the LLC Name |
In Florida, your LLC name must:
You can check name availability at the Department of State: Division of Corporations Business Name Database. This is a preliminary step because you can't register the name until you organize the LLC. |
Appointing a Registered Agent |
The registered agent is the person who agrees to accept service of process if your LLC gets sued; the agent also accepts mail on the LLC's behalf. |
Filing Articles of Organization |
File the Articles with the Florida Division of Corporations.
You can file online or via mail. |
Creating an Operating Agreement |
Although not required in Florida, it's always a good idea to prepare an operating agreement, which is a legal document that governs the following:
|
Complying with Tax and Regulatory Requirements |
If your business sells goods, collects sales taxes, and has employees, then you likely must register with the Florida Department of Revenue (DOR). If your LLC has more than one member, then you must apply for an EIN (Employer Identification Number). |
Applying for Applicable Business Licenses |
The appropriate business licenses and/or permits will depend on the specific industry of your business. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Foreign LLCs
All LLCs organized outside of the state must register with the Florida Secretary of State to do business in Florida. For foreign LLCs, the registered agent must be physically located in Florida.
How to Form a Florida LLC: Related Resources
Forming a Florida LLC? Get an Attorney's Help
If you're interested in forming an LLC in Florida, you can typically accomplish the goal by obtaining the necessary forms. However, in complex cases you should consider acting in your best interests and turning to a lawyer for help. At the end of the day, it could end up saving you a lot of time and money. Contact a skilled Florida business organizations attorney today to get started.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.