Missed the Florida Annual Report Deadline — What to Do Now

If you missed the May 1 deadline for your Florida LLC's annual report, a $400 late filing supplement has already been added to your account. Your new total owed is $538.75 ($138.75 report + $400 penalty). The good news: you can still file the late report and avoid administrative dissolution — but you must act before the third Friday in September, when the Division of Corporations dissolves all non-filers.

For the annual report process, see our annual report guide. For all compliance guides, see our guides overview.

The Timeline After Missing May 1

How to File the Late Annual Report

1. Go to sunbiz.org
2. Select "Annual Report Filing"
3. Enter your LLC's document number
4. Review and confirm/update your information (registered agent, addresses, members/managers)
5. Pay $538.75 (the $138.75 report fee + $400 late filing supplement) by credit/debit card
6. Submit

The system automatically calculates the late fee — you do not need to file a separate penalty payment. Once submitted, your LLC returns to good standing immediately.

Can the $400 Late Fee Be Waived?

No. The Division of Corporations does not have discretion to waive the late filing supplement. It is statutory — automatically applied to any annual report filed after May 1. There is no appeal process, no hardship exception, and no first-time forgiveness. The fee is the same whether you file on May 2 or August 31.

What Happens If You Do NOT File by September

If you let the September dissolution deadline pass:

• Your LLC's status changes to "Admin Dissolved/Revoked" on Sunbiz.org
• You can no longer legally conduct business under the LLC's name
• Contracts entered into after dissolution may be unenforceable
• Your liability protection during the dissolved period is questionable
• Reinstatement is possible within 2 years but requires paying ALL delinquent fees

Cost of reinstatement (1 missed year): $538.75 (delinquent report + late fee) + current year report ($138.75 if due) + any reinstatement fees = approximately $677.50-$800+

Cost of reinstatement (2 missed years): ($538.75 x 2) + current year = approximately $1,077.50-$1,200+

It is ALWAYS cheaper to file late (paying the $400 penalty) than to let the LLC dissolve and reinstate later.

Preventing This in the Future

• File in January — the filing window opens January 1. File immediately when you receive the Division's email reminder.
• Set calendar reminders — January, March, and April (escalating urgency)
• Use our registered agent service ($99/year) — we send annual report reminders with enough lead time
• Do not rely on email alone — the Division's reminder email can land in spam, and a missed email is not an excuse for a missed deadline

FAQ

Is there a grace period after May 1?

No. May 1 is the absolute deadline. The $400 late fee applies starting May 2. There is no grace period, no extension, and no waiver process.

Can I backdate my filing to avoid the penalty?

No. The Sunbiz.org system records the actual date of filing. You cannot file "as of" May 1 if it is after May 1.

Will my LLC lose its good standing on May 2?

Technically, your LLC remains "active" on Sunbiz.org until the third Friday in September (when dissolution occurs). However, some institutions (banks, lenders) check whether the current year's annual report has been filed — and your record will show "Delinquent" status between May 2 and whenever you file. This can affect your ability to obtain a Certificate of Status.

My LLC has no income. Do I still owe the late fee?

Yes. The annual report obligation (and the $400 late fee for missing it) exists regardless of income, activity, or profitability. If your LLC is active on Sunbiz.org, it owes the report. If you no longer need the LLC, dissolve it ($25) to end future obligations.