Step-by-Step: How to Form a Florida LLC

This guide walks through every step of the LLC formation process in Florida, from your first name search to an open business bank account. The filer is the Florida Department of State, Division of Corporations, and its portal is Sunbiz. You can e-file the entire formation at Sunbiz.org or mail the paper Articles of Organization, form CR2E047; the state fee is $125 either way.

The seven steps at a glance:

1. Search your LLC name on Sunbiz.org
2. Reserve the name if you are not ready to file (optional)
3. Designate a registered agent
4. File Articles of Organization, form CR2E047, for $125
5. Draft your operating agreement
6. Get your EIN from the IRS
7. Open a business bank account

Step 1: Search for Your LLC Name on Sunbiz.org

Before filing anything, verify your desired name is available with the Division of Corporations.

How to search:

1. Go to sunbiz.org
2. Click "Search Records" in the top navigation
3. Select "Search by Entity Name"
4. Enter your desired LLC name without the "LLC" suffix (the system searches all entity types)
5. Review results for exact matches and similar names

The search is free and returns results instantly. Look for active entities with names similar to yours, not just exact matches. Under the Florida Revised LLC Act, your name must be "distinguishable upon the records" of the Division of Corporations, so minor tweaks (adding "The," reshuffling word order, tacking on a generic word like "Services") may not be enough.

Beyond Sunbiz: Also check for federal trademark conflicts at USPTO.gov (a registered trademark holder could force a name change even after the state accepts your filing) and confirm a usable domain name.

See our complete name search guide for tips on choosing a strong, defensible name.

Step 2: Reserve Your Name (Optional)

If you need time before filing, perhaps to finish the operating agreement or coordinate with partners, Florida offers a way to hold a name in advance. It is optional, it involves its own state fee, and most filers skip it and simply file the Articles, since the name becomes yours the moment your filing is accepted. Our name reservation guide covers when a hold makes sense and how to place one.

Step 3: Designate Your Registered Agent

Every Florida LLC must maintain a registered agent, the person or company designated to accept service of process, state correspondence, and legal documents on behalf of your LLC.

Florida requirements under Fla. Stat. § 605.0113:

• Must be an individual who resides in Florida, OR a domestic entity or foreign entity authorized to transact business in Florida
• Must have a business address identical to the registered office street address, and that registered office must be a Florida street address (no P.O. boxes)
• Must be available during normal business hours to accept hand-delivered documents
• The LLC itself cannot serve as its own registered agent
• A member or manager of the LLC can serve, if they meet the residency and address requirements

Before filing: Your registered agent must consent to serve. A professional service handles this automatically. If you designate yourself or another individual, confirm they agree, because their name and address will appear in the public record on Sunbiz.org.

Our registered agent service is $99 per year, and it comes free for the first year when we handle your formation. It keeps your personal address off public filings and ensures served documents are never missed.

Step 4: File Articles of Organization (Form CR2E047)

This is the filing that creates your LLC under Fla. Stat. § 605.0201. You submit Articles of Organization, form CR2E047, either electronically through Sunbiz.org or by mailing the CR2E047 PDF.

Information you will provide:

1. LLC Name with the "LLC" or "Limited Liability Company" designator
2. Principal Office Address (can be a home address; can be outside Florida)
3. Mailing Address (can match the principal address)
4. Registered Agent Name (individual or business entity)
5. Registered Agent Address (a physical Florida street address, where legal documents will be served)
6. Management Structure (member-managed or manager-managed)
7. Manager/Member Names and Addresses
8. Effective Date (the filing date, or a permitted future date)
9. Organizer name and address (need not be a member)
10. Signature (electronic signature for online filings)

The fee, itemized: $125 total, which the official schedule breaks into a $100 filing fee plus a $25 registered agent designation fee. You pay it as one transaction, by card at the end of the Sunbiz e-filing or by check with a mailed CR2E047.

Processing: The state does not guarantee a turnaround. Online submissions post to Sunbiz.org faster than mailed paper filings, which is the main practical reason to e-file.

Confirmation: Once processed, your LLC's record appears on Sunbiz.org with a document number, and you can download the filed Articles directly from the site as your proof of formation.

See our online filing guide for a detailed walkthrough of the Sunbiz interface.

Step 5: Draft Your Operating Agreement

After filing (or while you wait), draft an operating agreement. This internal document is not filed with the state; it stays with your records.

The Florida Revised LLC Act gives operating agreements broad authority to override most default statutory rules. Yours should cover:

• Ownership percentages and capital contributions
• Profit and loss distribution
• Management responsibilities and voting procedures
• Buyout terms and withdrawal rights if a member leaves
• Transfer restrictions on membership interests
• Dissolution triggers and winding-up procedures

Even single-member LLCs need one. It reinforces the separation between you and the company, which strengthens your liability protection if it is ever challenged.

Step 6: Get Your EIN

Apply for an Employer Identification Number (EIN) from the IRS. This is your LLC's federal tax ID.

• Fee: Free
• How to apply: Online at irs.gov
• Processing: Immediate upon completing the online application
• What you need: Your LLC's legal name, address, and the responsible party's SSN

Your LLC's name must match the filed Articles exactly, so apply after the Division of Corporations has processed your filing.

Step 7: Open a Business Bank Account

With your filed Articles, operating agreement, and EIN in hand, open a dedicated business checking account. Commingling personal and business funds is one of the primary factors courts examine when deciding whether to pierce the veil, so this step is not optional in practice.

What Florida banks typically require:

• Filed Articles of Organization (downloadable from Sunbiz.org)
• EIN confirmation
• Operating agreement (many banks ask for it)
• Government-issued photo ID for all signers

Large national banks have extensive Florida branch networks, while Florida-based banks and credit unions often offer lower account fees for small LLCs.

Fees Along the Way

Minimum to form: $125, paid to the Division of Corporations, if you serve as your own registered agent (as an individual, not as the LLC) and draft your own operating agreement.

FAQ

Can I file my Florida LLC online?

Yes. E-filing through Sunbiz.org is the standard route: the whole form is completed electronically, payment is by card, and the filed documents are available for download once processed. Mail filing with the CR2E047 PDF remains available at the same $125 fee.

What if my desired LLC name is taken?

Try variations: add a descriptive word ("Smith Construction LLC" instead of "Smith LLC"), a geographic modifier ("Tampa Design Group LLC"), or a restructure ("Smith & Partners LLC"). The name only needs to be distinguishable upon the records, not completely different. Names belonging to dissolved entities may also become available.

Do I need a lawyer to form a Florida LLC?

No. The Sunbiz filing is a fill-in form plus a fee. Our formation service is $199 plus the state fee, and it includes your first year of registered agent service. An attorney adds value mainly for unusual operating agreement provisions, multi-party negotiations, or professional LLC requirements.

How soon after filing is my LLC active?

Your LLC legally exists as of the effective date in your Articles. If that is the filing date (the most common choice), the company is active once the Division of Corporations processes the submission. If you chose a permitted future effective date, the LLC becomes active on that date regardless of when processing happens.