Florida Registered Agent Requirements Under §605.0113

Every LLC formed in Florida must designate a registered agent as part of the formation process. Under §605.0113 of the Florida Revised LLC Act, the registered agent is the person or company authorized to accept service of process, state correspondence, and official legal documents on behalf of your LLC. This is not optional — your Articles of Organization (Form INHS18) cannot be filed without designating an agent, and your LLC must maintain one continuously throughout its existence.

What a Registered Agent Does in Florida

A registered agent serves as your LLC's official point of legal contact. In practice, they receive:

• Service of process — If your LLC is sued, the lawsuit complaint and summons are served on your registered agent. Under Florida Rules of Civil Procedure, service on the registered agent constitutes valid service on the LLC. Missing a served document can result in a default judgment against your business.
• Division of Corporations correspondence — Annual report reminders, administrative notices, and compliance warnings from the Division
• Department of Revenue notices — Tax-related correspondence from the Florida DOR
• Other state agency communications — Notices from DBPR, Department of Health, or other regulatory agencies depending on your industry
• Legal filings from third parties — Subpoenas, demand letters, and other documents requiring formal delivery

The registered agent must accept these documents during regular business hours (generally 8 AM to 5 PM, Monday through Friday) at the registered address on file with the Division.

Florida-Specific Requirements Under §605.0113-0115

Florida's registered agent rules under Chapter 605 are specific and strictly enforced:

Who CAN serve as registered agent:

• A Florida resident individual — must maintain a street address in Florida and be physically present/available during business hours
• An authorized business entity — a company that is registered to do business in Florida (either formed here or qualified as a foreign entity) and maintains a Florida business office

Who CANNOT serve as registered agent:

• The LLC itself — under §605.0113(1), the LLC cannot designate itself as its own registered agent
• A non-resident individual — someone who does not reside in Florida (even if they have a Florida mailing address or own Florida property but live elsewhere)
• An entity not authorized to transact business in Florida — a company with no Florida registration cannot serve

Who CAN serve but is sometimes misunderstood:

• A member or manager of the LLC — yes, they can serve as the registered agent if they are a Florida resident with a qualifying street address. This is one of the most common choices for single-member Florida LLCs.
• An employee of the LLC — yes, if they meet the Florida residency and address requirements

Address requirements:

• Must be a physical street address in Florida (§605.0113)
• No P.O. boxes
• No virtual office addresses unless there is an actual physical suite where documents can be hand-delivered and someone is present during business hours to accept them
• The address appears in the public record on Sunbiz.org — it is visible to anyone who searches your LLC

Designating Your Registered Agent

Your registered agent is designated on your Articles of Organization (Form INHS18) at the time of filing. The $125 filing fee includes a $25 registered agent designation fee.

On Sunbiz.org, you will enter:

1. Whether the agent is an individual or a business entity
2. The agent's full legal name
3. The agent's physical Florida street address
4. Confirmation that the agent has consented to serve

Critical: The registered agent must consent before you list them. Filing someone's name without their knowledge or agreement violates the filing requirements and can result in the agent declining service — leaving your LLC without representation.

Why Use a Professional Registered Agent Service

While you or a fellow member can legally serve as your own registered agent, many Florida LLC owners choose a professional service for practical reasons:

• Privacy — Your personal home address stays off the public record on Sunbiz.org. Instead, the service's commercial address appears. In Florida, where Sunbiz.org is freely searchable by anyone, this prevents your home address from being exposed to marketers, litigants, and the general public.

• Reliability — A professional service is always available during business hours, every business day, without exception. If you serve yourself, you must be physically present at your registered address during business hours — vacations, illness, running errands, or working from a coffee shop means you might miss service.

• Lawsuit notification — If your LLC is served with a lawsuit, a professional service immediately forwards the documents to you with clear instructions on response deadlines. Missing a service deadline in Florida can result in a default judgment — the other side wins automatically without you getting to present your case.

• Compliance monitoring — Many services (including ours) send annual report reminders ahead of the May 1 deadline, so you never face the $400 late fee or risk administrative dissolution.

• Address stability — If you move residences, your registered agent address does not need to change (as long as you keep the service). Changing a registered agent address requires a filing with the Division ($25) — with a professional service, your public-facing address remains constant regardless of where you personally live.

Our registered agent service is $99/year with same-day digital forwarding of all received documents.

Changing Your Registered Agent

If you need to change your registered agent after formation, file a Statement of Change of Registered Agent with the Division of Corporations through Sunbiz.org. The fee is $25 (for LLCs; $35 for corporations).

Under §605.0114, the change takes effect upon filing. The new agent must consent to the appointment. Common reasons to change:

• Switching from serving yourself to a professional service (for privacy or reliability)
• Your current agent moved out of Florida
• A member who was serving as agent resigned from the LLC
• Dissatisfaction with current service quality

See our change registered agent guide for the step-by-step process.

What Happens If You Lack a Valid Registered Agent

If your registered agent resigns, moves out of Florida, or becomes otherwise unavailable:

1. The Division of Corporations may send notices to your last known address
2. Service of process may be attempted at your principal office address instead
3. In extreme cases, Florida courts allow "substitute service" — serving the Division of Corporations itself, which then mails the documents to the LLC's last known address
4. Continued failure to maintain a registered agent is grounds for administrative action by the Division

None of these alternatives are good for your LLC. Maintaining a valid, responsive registered agent at all times is a basic requirement of operating an LLC in Florida.

FAQ

Can my LLC be its own registered agent?

No. Under §605.0113(1), a Florida LLC cannot designate itself as its own registered agent. An individual member or manager can serve (if they meet the Florida residency and address requirements), but the entity itself cannot be listed as agent.

What happens if my registered agent misses a document?

If service of process is attempted and the registered agent is unavailable, the process server documents the failed attempt. The plaintiff may then use alternative service methods authorized by the Florida Rules of Civil Procedure — including serving the Division of Corporations itself. The lawsuit still proceeds, and your LLC may not learn of it until a default judgment has already been entered.

How much does a registered agent service cost?

Professional registered agent services in Florida typically range from $50 to $300 per year depending on features. Our service is $99/year and includes same-day digital forwarding of all received documents, annual report reminders, and a commercial address listed on your Sunbiz.org filing for privacy.

Can I use a residential address for my registered agent?

Yes — if it is a physical street address in Florida where someone is present during business hours. Many single-member LLC owners initially use their home address. The tradeoff is that your home address becomes part of the public record on Sunbiz.org, visible to anyone who searches your LLC.

Does the registered agent need to be in the same city as my business?

No. Your registered agent can be anywhere in Florida — their address does not need to match your business location. Many Florida LLCs have their business in one city (say, Miami) and a registered agent service in another (say, Tallahassee). What matters is that the agent has a physical Florida street address and is available during business hours.