If you want to form an LLC in Florida, there are certain forms, requirements and legalities you need to get in place. Below is a rundown of what you’ll need to do, together with details on each form required for your Florida LLC. Some of these forms you only need to submit once, while others must be filed on a regular basis. You will need to set reminders in your calendar to file forms regularly if you're filing yourself — if you file with a service such as Incfile, we can take care of form renewals for you.
Although setting up a Florida LLC is very easy, managing one can be more complex. One way to make sure everyone is working to the same goals is by creating an operating agreement. Your operating agreement typically includes areas like:
Legal Standing: Declares the legal standing of your LLC, that it was formed in Florida and including dates, formation details and other important legal information.
You are not required by Florida state or federal law to have an operating agreement for your LLC, but we recommend one for several reasons. An operating agreement:
Your operating agreement only needs to be created once and will need to be updated if significant changes are needed. The good news is, Incfile provides an Operating Agreement with most packages and it can also be individually added to our basic Silver package. Our Operating Agreement provided will be a general template that covers the top 20 most common provisions for any new business. As your business evolves, you can make changes anytime as you see fit as this is an internal company document for LLC members and not filed with the state or IRS.
Depending on the type of Florida business you’re running, you will need to obtain various business licenses and permits.
Various cities in Florida have slightly different rules and fees for permits and licenses. Check with your local Florida city administration to see what their rules are. You will need a separate permit or license for each city your Florida LLC operates in.
Depending on the type of business you are running, you may need to get additional permits and licenses from the city, county or state of Florida. You can get an idea of the types of permits and licenses you might need from the State of Florida website. The federal government may also require you to get certain licenses or permits, the SBA has a comprehensive list of Florida license permits.. The frequency of how often you need to file permits varies depending on the permit type.
If you’d rather have someone do the research for you, Incfile offers a Business License Research service for $99 additional fee to your online formation package of choice. With his add-on, a licensing specialist will determine all of the permits and licenses required for your specific industry and city-, state- or county-level jurisdictions.
The Articles of Organization are the formal documents filed with the Florida Secretary of State to create your LLC. They are a “charter” and state certain information about your business. Once they are filed with the secretary of state, they legally create your business as an LLC in Florida. Here’s what’s typically included in the Articles of Organization:
Here at Incfile we automatically create and file your Articles of Organization on your behalf when you form your business with us. There is a fee levied by the secretary of state of Florida to cover your filing.
You only need to file your articles once.
If you are “doing business as (DBA)” under a different name to your LLC, you will need to file a “Fictitious Name Registration” with the Florida Secretary of State.
You only need to file your Fictitious Name Registration once.
You will need to file for various different types of tax registration including sales and use tax, re-employment tax and other types of tax. You can find full details on the Florida Department of Revenue website.
You must file an annual report with the Florida Secretary of State on an annual basis, by May 1 of each year. The cost to file an annual report is currently $138.75. If you do not file your annual report by May 1 each year you will be charged a late fee of $400 and your LLC may be dissolved.
As you can see, there are several forms and permits you need to conduct business, both initially and that you’re required to submit on an annual basis.
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This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.
Due Date:May 1st
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