Starting your new business in Florida can feel overwhelming, but it doesn’t have to be. While the paperwork and legal requirements may seem daunting at first, registering your business is a critical step in building a strong foundation for long-term success. This guide breaks the process down into 9 straightforward steps to help you get started with confidence.
Remember that certain rules and requirements can vary depending on your business type, location, and industry. Always refer to official resources, such as the Florida Division of Corporations, the Florida Department of Revenue, and your local county clerk’s office, to ensure you meet all state and local compliance standards.
Step 1: Choose Your Business Structure
Selecting the right business structure is one of the most important decisions when starting a business in Florida. It impacts your liability, taxes, and how your company will operate. Here’s a breakdown of the most common options:
Sole Proprietorship
The simplest option for one-person businesses. In Florida, you can operate under your own legal name or register a fictitious name (DBA) with the Florida Division of Corporations.
- Liability: Unlimited personal liability. Your personal assets (like your home or savings) may be at risk if your business incurs debts or faces lawsuits.
- Taxes: Income and expenses are reported on your personal tax return (Form 1040, Schedule C). No separate business tax return is required.
Partnership
A business owned by two or more people. In Florida, partnerships can be informal or formally registered with the state as a Limited Partnership (LP) or Limited Liability Partnership (LLP).
- Liability: In a general partnership, all partners share unlimited liability. LPs and LLPs offer varying levels of liability protection.
- Taxes: Partnerships don’t pay federal income tax directly. Profits and losses pass through to partners’ personal tax returns.
Limited Liability Company (LLC)
One of the most popular structures in Florida. An LLC requires filing Articles of Organization with the Florida Division of Corporations.
- Liability: Provides personal liability protection, keeping your personal assets separate from most business debts and claims.
- Taxes: By default, LLCs are pass-through entities (like sole proprietorships or partnerships). You can elect corporate taxation if it better suits your situation.
Corporation
A more complex business structure that creates a legal entity separate from its owners (shareholders). In Florida, corporations are formed by filing Articles of Incorporation.
- Liability: Offers the strongest personal liability protection, fully separating owners from business debts and obligations.
- Taxes: C Corporations are subject to double taxation, once at the corporate level and again on dividends. An S Corporation allows profits and losses to pass through to shareholders’ personal tax returns, if IRS eligibility requirements are met.
Quick Tip: Many small businesses in Florida choose an LLC for its flexibility and liability protection. Sole proprietorships are easy and inexpensive to set up, but leave your personal assets exposed.
Step 2: Choose and Secure a Business Name
In Florida, your business must have an official legal name for use on state filings, tax documents, and licenses. You can also operate under a fictitious name (DBA) if you want to use a different public-facing name. For example, “Sunshine Solutions LLC” could operate publicly as “Sunshine Consulting.”
To make sure your legal name is unique, search the Florida Division of Corporations’ Sunbiz database. If your preferred name is available, you can reserve it for 120 days by filing a Name Reservation with the Division of Corporations for a $25 fee. The registration fee for a fictitious name (DBA) is $50, which is an additional cost to the initial business registration.
If you want to protect your brand beyond Florida, conduct a trademark search with the U.S. Patent and Trademark Office (USPTO) and consider registering your trademark for nationwide protection.
Quick Tip: Florida requires that all fictitious names (DBAs) be registered with the Division of Corporations, and you must publish a notice of your fictitious name in a local newspaper before registration is complete.
Step 3: Draft Your Business Formation Documents
The paperwork you need to file depends on your chosen business structure in Florida:
Limited Liability Company (LLC)
File Articles of Organization with the Florida Division of Corporations. This document includes your business name, principal office address, registered agent information, and management structure.
Corporation
File Articles of Incorporation with the Florida Division of Corporations. In addition, corporations must create corporate bylaws to outline how the business will operate internally, covering topics like voting rights, board meetings, and officer roles.
Partnership
While Florida doesn’t require you to file a partnership agreement with the state, it’s strongly recommended to draft a Partnership Agreement. This should clearly define ownership percentages, partner responsibilities, and profit-sharing arrangements to avoid future disputes.
Quick Tip: When filing with Sunbiz (Florida’s online portal), you can complete and submit your LLC or Corporation formation documents entirely online for faster processing.
Step 4: Register With the State of Florida
Step 4: Register With the State of Florida
After choosing your business structure and name, the next step is to officially register your business with the Florida Division of Corporations (Sunbiz). This is required for formal business entities such as LLCs, corporations, and certain partnerships.
Filing With the Division of Corporations
- LLCs – File Articles of Organization, which include your business name, principal office address, registered agent details, and management structure.
- Corporations – File Articles of Incorporation, which outline your corporate purpose, share structure, and initial directors.
You can file online through the Sunbiz.org portal, by mail, or in person. Online filing is the fastest and is typically processed within a few business days. For the official process of forming your business entity (LLC, Corporation, etc.) and registering a fictitious name, start with the Florida Division of Corporations.
Quick Tip: Florida requires every formal business entity to designate and maintain a registered agent with a Florida street address to accept legal and tax documents on behalf of the business.
Publication Requirement in Florida
Florida has a publication requirement, but only for fictitious names (DBAs). If you register a DBA, you must publish a notice of your intent to use the fictitious name in a local newspaper in the county where your business is located before filing with the Division of Corporations.
For LLCs and corporations, Florida doesn’t require any newspaper publication when filing Articles of Organization or Incorporation.
Step 5: Obtain an Employer Identification Number (EIN)
Most Florida businesses will need an Employer Identification Number (EIN), a nine-digit ID issued by the IRS that functions like a Social Security number for your business. You’ll use it to hire employees, open a business bank account, file federal taxes, and apply for certain licenses or permits.
Sole proprietors without employees can technically use their Social Security number instead of an EIN. However, many still apply for an EIN to protect their privacy and separate personal and business finances.
Applying is free and simple through the IRS website. The online application only takes a few minutes, and you’ll receive your EIN immediately upon completion.
Quick Tip: Even if your Florida business doesn’t legally require an EIN, having one makes it much easier to establish credibility with banks, vendors, and potential partners.
Step 6: Apply for Licenses and Permits
To legally operate your business in Florida, you’ll need the proper licenses and permits. The requirements depend on your industry, activities, and location, and may come from federal, state, or local authorities.
Federal Licenses and Permits
Most small businesses in Florida won’t need a federal license. However, some industries are regulated nationally, including:
- Alcoholic Beverages – The Alcohol and Tobacco Tax and Trade Bureau (TTB) oversees manufacturers, importers, and sellers of alcohol. You’ll also need a state-level license from the Florida Division of Alcoholic Beverages and Tobacco (ABT).
- Firearms – Dealers and manufacturers must comply with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
- Transportation – Trucking, freight, and passenger services may require authorization from the U.S. Department of Transportation (DOT).
State Licenses and Permits (Florida)
Florida doesn’t issue a general statewide business license, but many businesses require state-level permits depending on their industry. Common examples include:
- Sales Tax Permit – If you sell taxable goods or services, you must register with the Florida Department of Revenue for a Sales Tax Certificate before making any sales.
- Professional Licenses – Professions such as doctors, lawyers, real estate brokers, contractors, barbers, and cosmetologists are regulated by the Florida Department of Business and Professional Regulation (DBPR) or other state boards.
- Environmental Permits – Businesses that impact air, water, or waste may need authorization from the Florida Department of Environmental Protection (DEP).
Local Licenses and Permits
Counties and cities in Florida often have additional licensing rules. Common examples include:
- Business Tax Receipt (Local Business License) – Many Florida counties and municipalities require businesses to obtain a Business Tax Receipt (formerly known as an Occupational License) to operate legally.
- Zoning Permits – Check with your city or county planning department to make sure your business activities are permitted at your chosen location.
- Health Permits – Food service businesses such as restaurants, cafes, and food trucks need permits from the Florida Department of Health or county health departments.
Quick Tip: Florida doesn’t have a single statewide portal for all licenses. Be sure to check with:
- The Florida Department of Revenue for tax permits
- The DBPR or the relevant state licensing board for professional licenses
- Your county and city offices for local requirements
Step 7: Open a Business Bank Account
In Florida, opening a dedicated business bank account is more than just smart money management. It’s an essential step for protecting your personal assets and keeping your company in good legal standing. Separating personal and business finances helps you:
- Preserve Liability Protection – For LLCs and corporations, keeping your finances separate is crucial to maintaining the “corporate veil.” If you mix personal and business funds, creditors may be able to pursue your personal property in lawsuits or debt collection.
- Simplify Taxes & Accounting – A dedicated account makes it easier to track income, expenses, and deductions, which simplifies both federal and Florida state tax filings.
Quick Tip: Most banks in Florida will require your EIN, a copy of your Articles of Organization or Incorporation, and sometimes your Operating Agreement (LLC) or corporate bylaws to open a business account.
What You’ll Typically Need in Florida
When you visit the bank to open a business account, be prepared to bring:
- Employer Identification Number (EIN) – Issued by the IRS, required for most businesses. (Sole proprietors without employees may use their SSN, but an EIN is still recommended.)
- Business Formation Documents – For example: Articles of Organization (for LLCs) or Articles of Incorporation (for corporations) filed with the Florida Division of Corporations. If you’re using a fictitious name (DBA), bring the registration confirmation from Sunbiz.
- Operating Agreement or Corporate Bylaws – Some Florida banks ask for these to verify ownership and determine who is authorized to sign on behalf of the business.
- Government-Issued Photo ID – Such as a Florida driver’s license or U.S. passport for each owner or authorized signer.
Florida Tip: Many banks in Florida also require proof of your business’s physical address, such as a utility bill, lease agreement, or home office documentation, especially if your business operates under a DBA or from a residential location.
Step 8: Register for State and Federal in Florida
Staying compliant with both federal and state tax obligations is critical for running a business in Florida. Your tax responsibilities will depend on your business structure and the type of goods or services you provide.
Federal Tax Obligations
The IRS taxes Florida businesses based on their legal structure:
- Sole Proprietorships & Partnerships – These are pass-through entities. The business doesn’t pay federal income tax directly; instead, profits and losses are reported on the owners’ personal tax returns (Form 1040).
- LLCs – By default, a single-member LLC is taxed as a sole proprietorship, while a multi-member LLC is taxed as a partnership. However, LLCs can elect to be taxed as an S Corporation or C Corporation by filing the appropriate IRS forms.
- Corporations – C Corporations pay corporate income tax on profits, and shareholders pay personal tax again on dividends (double taxation). An S Corporation avoids double taxation by passing profits and losses directly to shareholders’ personal returns, provided eligibility rules are met.
Pro Tip: A Florida-based CPA or tax advisor can help you determine the best federal tax classification and ensure compliance with IRS requirements.
Florida State Tax Obligations
Unlike Texas, Florida imposes a state corporate income tax on certain entities. Your obligations may include:
- Florida Corporate Income Tax – Corporations (including LLCs taxed as corporations) must file a corporate income/franchise tax return with the Florida Department of Revenue (DOR). The standard corporate income tax rate is currently 5.5% on net income over $50,000.
- Florida Sales and Use Tax – If your business sells taxable goods or services, you must register for a Sales Tax Certificate with the Florida DOR. The state sales tax rate is 6%, though counties may add local surtaxes.
- Reemployment (Unemployment) Tax – Employers in Florida must register with the DOR for reemployment tax if they pay wages of $1,500 or more in a calendar quarter or have at least one employee for part of a day in 20 different weeks.
- Local Taxes and Fees – Some Florida counties and municipalities may impose additional business taxes, often tied to your Business Tax Receipt (local license).
Step 9: Maintain Ongoing Compliance
Registering your business in Florida is only the beginning. Staying compliant is an ongoing responsibility. Missing deadlines or failing to renew licenses could result in fines, administrative dissolution, or even the loss of your liability protection.
Key Florida Compliance Tasks
File the Florida Franchise Tax Report and Public Information Report
All LLCs, corporations, and limited partnerships must file an annual report with the Florida Division of Corporations (via Sunbiz) to maintain “active” status.
- Reports are due between January 1 and May 1 each year
- The annual report filing fee is $138.75 for LLCs and $150 for corporations
- Missing the May 1 deadline triggers a $400 late fee, and failing to file by the third Friday of September may result in dissolution
Renew Licenses and Permits
Many state and local licenses (e.g., sales tax certificates, health permits, DBPR professional licenses) have expiration dates. Mark renewal deadlines to avoid penalties or disruptions.
Maintain a Current Registered Agent
Florida law requires every formal business entity to have a registered agent with a physical Florida street address. If your agent or their address changes, you must update the Division of Corporations promptly.
Stay Compliant With Florida
File and pay required Florida corporate income taxes, sales taxes, and reemployment taxes on time to avoid penalties and interest.
Keep Accurate Business Records
Maintain up-to-date financial records, contracts, minutes of meetings (for corporations), and internal agreements (like LLC operating agreements). Good record keeping not only supports compliance but also protects your liability shield.
Quick Tip: Set up calendar reminders for annual report deadlines, license renewals, and tax filings to keep your Florida business in good standing year-round.
Frequently Asked Questions About Registering a Business in Florida
Starting a business in Florida is exciting, and getting it officially registered is the first step toward turning your idea into a thriving company.
How Much Does It Cost to Register a Business in Florida?
The base filing fee to form an LLC in Florida is $125, which includes the Articles of Organization filing fee and the registered agent designation fee. The filing fee for a corporation is $70, which includes the Articles of Incorporation filing and the registered agent designation.
You may also need a registered agent (fees range from $100–$300/year), licenses, permits, and other compliance expenses. Expect total initial costs of $250–$1,000, depending on your business structure, industry, and location.
How Long Does It Take to Register a Business in Florida?
Online filings through Sunbiz.org are usually processed within 1–3 business days. Mail filings take longer, typically 2–4 weeks. Expedited services aren’t required but may be available in some cases.
Do I Need a Lawyer to Start a Business in Florida?
Hiring a lawyer isn’t required. However, legal guidance can help if your business has multiple owners, complex agreements, or operates in a regulated industry. For simpler setups like a sole proprietorship or single-member LLC, many entrepreneurs handle registration themselves using online resources.
Conclusion – How to Register a Business in Florida
Navigating the business registration process in Florida doesn’t have to be overwhelming. By following the proper steps, you can establish a solid legal foundation for your venture. Registration isn’t just paperwork. It’s a key step toward protecting your personal assets, building trust with customers, and positioning your business for long-term success.
Taking the time to get it right from the start can help you avoid costly legal and financial issues later, allowing you to focus on what really matters: growing your Florida business.
