8 Steps to Forming a New Business Entity in Florida
By: Barry E. Haimo, Esq.
August 4, 2025
Forming a new business in our state is a relatively straightforward process, but it’s important to follow the proper steps to ensure your company is legally recognized and protected.
Whether you’re launching a small LLC or incorporating a larger venture, here’s a breakdown of the key steps:
1. Choose a Business Structure
Florida recognizes several types of business entities. The most common include:
LLC (Limited Liability Company). Popular for small businesses due to liability protection and flexible tax options.
Corporation (C-Corp or S-Corp). Better for companies planning to seek investors or go public.
Sole Proprietorship. Easiest to form but offers no liability protection.
Partnership (General or Limited). For businesses with two or more owners.
Each structure has pros and cons, especially when it comes to taxes, liability, and compliance requirements.
2. Choose a Name
Your business name must be distinguishable from existing entities in Florida. You can check name availability and reserve a name through the Florida Division of Corporations.
Tip: Consider also checking domain availability and securing related social media handles.
3. File Formation Documents
To officially register your business, you’ll need to file with the Florida Division of Corporations:
LLC. File Articles of Organization (Form: FL LLC-1).
Corporation. File Articles of Incorporation.
Filing can be done online or by mail. As of 2025, the filing fee for an LLC is $125.
4. Appoint a Registered Agent
Every Florida business must have a registered agent – a person or company authorized to receive legal documents on behalf of your business. This agent must have a physical address in Florida.
5. Obtain an EIN (Employer Identification Number)
An EIN is like a Social Security number for your business. You’ll need it to open a business bank account, hire employees, and file taxes. Apply for free through the IRS.
6. Register for State Taxes and Licenses (if required)
Depending on your business type and location, you may need:
- A sales tax permit (for selling goods)
- A local business tax receipt (from your county or city)
- Professional licenses (for regulated industries like law, healthcare, or construction)
Check with the Florida Department of Revenue and your local government.
7. Create an Operating Agreement or Bylaws
While not required by the state, an Operating Agreement (for LLCs) or Bylaws (for corporations) are essential for clarifying ownership, responsibilities, and procedures. These documents help prevent future disputes and show legitimacy to banks and investors.
8. Open a Business Bank Account
Keep your personal and business finances separate by opening a dedicated business bank account. You’ll typically need your formation documents and EIN to do so.
Final Tip: Florida businesses must file an Annual Report each year by May 1 to remain in good standing. The current fee for LLCs is $138.75.
Want more in-depth information? Take a look at our helpful graphics below on forming a new business entity and what info you need when crafting governing documents:
Starting a business in Florida is a big step, and taking care of these key tasks up front helps ensure legal protection, financial clarity, and a smoother path to growth. Want more hands-on help to get everything started on the right foot? Reach out!
Author:
Barry E. Haimo, Esq.
Haimo Law
Strategic Planning With Purpose
Email: barry@haimolaw.com
LinkedIn: http://www.linkedin.com/in/bhaimo
YouTube: http://www.youtube.com/user/haimolawtv
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