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

This guide walks through every step of the LLC formation process in Florida — from your initial name search on Sunbiz.org to opening your business bank account. The entire state filing is completed online through the Division of Corporations' portal at Sunbiz.org, and online filings typically process in 1-2 business days.

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 that are similar to yours — not just exact matches. Under §605.0112, your name must be "distinguishable upon the records" of the Division of Corporations. This means minor differences (adding "The," changing word order slightly, or adding a generic term like "Services") may not be sufficient.

Beyond Sunbiz: Also check for federal trademark conflicts at USPTO.gov (a registered trademark holder could force you to change your LLC name even if the state accepts it) and domain name availability for your online presence.

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

Step 2: Reserve Your Name (Optional)

If you need time to prepare other aspects of your LLC before filing — perhaps finalizing your operating agreement, selecting a registered agent, or coordinating with business partners — you can reserve your name for 120 days.

• Fee: $25
• Duration: 120 days from filing
• Filed through: Sunbiz.org
• Renewable: No — if the 120 days expires, you must file a new reservation

This step is optional. If you are ready to file your Articles of Organization immediately, skip this and proceed to Step 3. The name becomes yours once the Articles are filed and accepted.

Step 3: Designate Your Registered Agent

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

Florida requirements under §605.0113:

• Must be a Florida resident individual OR an authorized business entity registered with the Division of Corporations
• Must have a physical street address in Florida (no P.O. boxes, no virtual offices without a physical suite)
• 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. If using a professional registered agent service, they handle this automatically. If designating yourself or another individual, confirm they agree — their name and address will appear in the public record on Sunbiz.org.

Our registered agent service is $99/year. It keeps your personal address off public filings, ensures documents are never missed, and includes same-day forwarding of all received correspondence.

Step 4: File Articles of Organization (Form INHS18)

This is the official filing that creates your LLC under Florida law. You submit Articles of Organization (Form INHS18) through Sunbiz.org.

Information you will enter on Sunbiz.org:

1. LLC Name — Your chosen name with "LLC" or "Limited Liability Company" designator
2. Principal Office Address — The main address where the LLC conducts business (can be a home address; can be outside Florida)
3. Mailing Address — Where you want correspondence sent (can be same as principal)
4. Registered Agent Name — Full legal name of the individual or business entity serving as agent
5. Registered Agent Address — Must be a physical Florida street address (this is where legal documents will be served)
6. Management Structure — Select "Member-managed" or "Manager-managed"
7. Manager/Member Names and Addresses — If manager-managed, list each manager. If member-managed, list each member.
8. Effective Date — Choose the filing date (most common) or a future date (up to 5 business days out)
9. Organizer — Name and address of the person submitting the filing (does not need to be a member)
10. Electronic Signature — The organizer types their name as an electronic signature

Payment: $125 by credit or debit card at the end of the Sunbiz.org filing process.

Processing: Online filings through Sunbiz.org typically process in 1-2 business days. There is no separate expedited option for online filings — the standard online timeline is already among the fastest in the country.

Confirmation: Once processed, your LLC's record appears on Sunbiz.org with a unique document number. You can download your filed Articles of Organization directly from the site — this serves as your official proof of formation.

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

Step 5: Draft Your Operating Agreement

After your LLC is approved (or concurrently while waiting for processing), draft an operating agreement. This internal document is not filed with the state — it stays with your records.

Under §605.0105, Florida law gives operating agreements broad authority to govern your LLC's operations, overriding most default statutory rules. Your operating agreement should cover:

• Ownership percentages and capital contributions
• Profit and loss distribution
• Management responsibilities and voting procedures
• What happens if a member wants to leave (buyout terms, withdrawal rights)
• Transfer restrictions on membership interests
• Dissolution triggers and winding-up procedures

Even single-member LLCs need one. It reinforces the separation between you personally and the LLC as a separate legal entity — 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 number.

• Cost: Free
• How to apply: Online at irs.gov (available Monday-Friday, 7am-10pm Eastern)
• Processing: Immediate — you receive your EIN 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 exactly what appears on your filed Articles of Organization. Apply after your LLC is processed by the Division of Corporations — the IRS does not verify your state filing, but your LLC should legally exist before obtaining its tax ID.

Step 7: Open a Business Bank Account

With your approved Articles of Organization, operating agreement, and EIN in hand, open a dedicated business checking account. This is not optional for maintaining your LLC's liability protection — commingling personal and business funds is one of the primary factors courts examine when deciding whether to "pierce the corporate veil."

What Florida banks typically require:

• Filed Articles of Organization (download from Sunbiz.org — no need to wait for paper mail)
• EIN confirmation (IRS letter or online confirmation printout)
• Operating agreement (many Florida banks require this)
• Government-issued photo ID for all signers
• Initial deposit (varies — some Florida credit unions require no minimum)

Tip: Large national banks (Chase, Bank of America, Wells Fargo) all have extensive Florida branch networks and are familiar with LLC account openings. Florida-based banks and credit unions (Seacoast, Centennial, Space Coast Credit Union) often have lower fees and faster account opening for LLCs.

Timeline Summary

Total minimum time (if filing online): You can realistically have a fully operational Florida LLC — formed, EIN obtained, bank account open — within one week.

Total minimum cost: $125 (just the state filing fee if you serve as your own registered agent and draft your own operating agreement).

FAQ

Can I file my Florida LLC online?

Yes. Online filing through Sunbiz.org is the standard method and the fastest — typically 1-2 business days. The entire Form INHS18 is completed electronically, payment is by credit/debit card, and your filed documents are available for download from Sunbiz.org once processed. There is no reason to file by mail unless you have no access to a credit or debit card.

What if my desired LLC name is taken?

Try variations: add a descriptive word ("Smith Construction LLC" instead of "Smith LLC"), use a geographic modifier ("Tampa Design Group LLC"), or restructure ("Smith & Partners LLC" instead of "Smith Services LLC"). The name only needs to be "distinguishable upon the records" — not completely different. Also check if the existing entity is inactive or dissolved, as those names may be available.

Do I need a lawyer to form a Florida LLC?

No. The Sunbiz.org filing process is straightforward — you fill in fields and pay the fee. A formation service like ours ($199, includes state fee) handles the filing for you. An attorney is helpful only for complex situations: unusual operating agreement provisions, multi-party negotiations, or professional LLC requirements. For a standard single-member or multi-member LLC, a lawyer is not necessary.

How soon after filing is my LLC active?

Your LLC legally exists on the effective date stated in your Articles of Organization. If you select the filing date as the effective date (most common choice), your LLC is active as soon as the Division of Corporations processes the filing — typically within 1-2 business days of submission. If you select a future effective date, the LLC becomes active on that future date regardless of when processing occurs.