Key Takeaways

  • Sunbiz is Florida's official online directory for business records and services, including business registrations, name searches, and document retrievals.
  • You can use Sunbiz to file the necessary paperwork to start an LLC in Florida, such as submitting Articles of Organization and paying the required fees.
  • Sunbiz offers various forms with different fees, including those for corporations, LLCs, partnerships, fictitious names, and trademarks.
  • To form an LLC, you must submit Articles of Organization, name a Registered Agent, and ensure the agent signs the application.
  • An Annual Report must be filed electronically each year between January 1st and May 1st, with a filing fee of $138.75. There is a $400 late fee for missed deadlines.
  • Finding a Florida business attorney for Sunbiz LLC formation on UpCounsel can ensure legal compliance and provide expert guidance.

Sunbiz, or Sunbiz Division of Corporations, is Florida’s official online directory for companies operating within the state. It houses the records for Florida businesses and is also where you can pay business fees, get business forms, and submit Florida Foreign Qualification applications. 

This article will provide helpful information for Florida business owners (or aspiring owners) who want to learn more about forming an LLC using Sunbiz. We will cover the steps required, the benefits of creating an LLC, and common mistakes to avoid.

What is Sunbiz?

Sunbiz is an online directory and database maintained by the Florida Department of State, Division of Corporations. It provides business registration, name searches, and document retrieval services as a one-stop shop for Florida businesses. 

Sunbiz is also where you can file the necessary paperwork to start an LLC in Florida. This includes submitting Articles of Organization and paying the required filing fee. 

The directory maintains over eight million records and processes 240 million filings, certifications, and inquiries every year.  

It is incredibly important for Florida business entities to learn how to navigate Sunbiz and utilize this informational resource to their advantage.  

It is where sole proprietors and companies can turn for:  

  • Business registrations
  • Business certificates
  • Trade and service marks
  • Fictitious name registrations
  • Judgment and federal tax clients
  • UCC financing statements
  • Notary commissions and apostilles

Benefits of Forming an LLC in Florida

Choosing this business structure over others in Florida is often done to take advantage of certain benefits of forming an LLC.  

These include: 

  • Limited personal liability
  • Reduced tax liability (more legitimate business expense deductions)
  • No personal income taxes at the state level (The state of Florida won’t tax you on your share of the LLC’s profits)
  • Pass-through taxation
  • Can make it easier to comply with Florida's tax regulations and reporting requirements

Steps to Form an LLC using Sunbiz

After successfully completing an LLC Sunbiz filing, you will have formed a limited liability company (LLC) in Florida.

If you want to form an LLC in Florida or need to address an LLC application that has been rejected, follow three steps: 

  1. Make sure you understand the requirements for filing your LLC's Articles of Organization.
  2. Obtain all the information you will need for your application.
  3. Possess a permitted form of payment such as a debit or credit card. 

Sunbiz Business Search

The name of your LLC must be distinguishable in the Department of State records. Before you submit your formation documents, you should perform a search to determine the availability of your LLC name. 

Make sure your company name includes the words limited liability company or LLC/L.L.C.  

If you're establishing a professional limited liability company, its name should include the abbreviations PLLC or P.L.L.C. or the words “Professional Limited Liability Company” or Chartered.  

You should not use your LLC name until it has been approved by the Division of Corporations. 

Sunbiz Forms and Fees

Sunbiz offers many forms, each with a different fee schedule: 

Articles of Organization

For Florida LLC forms, you can choose from several forms depending on your needs, including Articles of Organization, which are necessary to form a Florida Limited Liability Company according to Chapter 605, Florida Statutes. 

The filing fee for Articles of Organization and Designation of Registered Agent is $125, but you can pay an extra $30 for a certified copy or an additional $5 for a Certificate of Status. Upon registration, you will receive a free letter of acknowledgment. 

You can file online with a credit card, complete the fillable PDF on your computer, or print the PDF to complete it and send it to the Division of Corporations with your payment.

Sunbiz Requirements for LLC Formation Documents

Under s.605.0201, Florida Statutes, your Articles of Organization must set forth five things. 

  1. When submitting your formation documents, include the address of your company's principal office. If your LLC's mailing address differs from the principal address, you should also include this one.
  2. LLCs in Florida are required to name a Registered Agent, and you will need to provide the address and name of your agent.
  3. Your company's registered agent will be responsible for handling the service of process for your LLC. They can either be an active Florida business or an individual who resides in the state of Florida.
  4. You should also ensure your Registered Agent has signed your LLC application. Your agent's signature indicates that they understand and accept their responsibilities.
  5. If you've chosen a Florida business as your Registered Agent, an individual in the business must provide their signature. 

Please read the entire form to learn more about these articles and their unique requirements.

Annual Report

To remain active, an LLC must file an Annual Report each year. This report either updates or confirms the records of the Florida Department of State, Division of Corporations. 

Reports must be filed electronically between January 1st and May 1st; the first report is due the year after formation.  

It’s important to file on time, as you face a $400 late fee in addition to the $138.75 annual report filing fee. The late fee is not waived under any circumstances. You must also file your annual report every year, even if you do not make changes to it. Failure to file the annual report may lead to an administrative dissolution of your LLC.

Conclusion: Find a Florida Business Attorney to Help with LLC Formation

Hiring a Florida business attorney to guide you through the Sunbiz LLC formation process is a valuable decision.  

Your lawyer can ensure compliance with legal requirements, review and draft your contracts, and help you choose the most strategic business structure. 

Post your legal needs on UpCounsel's marketplace to find a Florida lawyer near you who can provide expert help with Sunbiz LLC filing.  

UpCounsel accepts only the top 5% of lawyers on its site. The business lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience. This includes work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

Frequently Asked Questions: Sunbiz LLC

Below, you’ll find more vital information about forming a Florida limited liability company.

How much does it cost to start an LLC in Florida?

A standard one-time fee of $125 is required to file Articles of Organization and establish an LLC.

How can I pay when filing my Articles of Organization?

Your three online payment options are a Visa or MasterCard debit card, an American Express, Discover, MasterCard, or Visa credit card, or a prepaid Sunbiz E-File Account.

Is the name of my LLC available for use?

The Sunbiz name search tool can help determine if your LLC name is available. 

Do I have to file online?

While online filing is more convenient, it is not necessary. You can also download an Articles of Organization application and then submit your application and payment by mail. When submitting by mail, you must pay with either a money order or a check.

Will I be given confirmation when my application is accepted?

When your application is approved, you will receive a confirmation letter with important information about your LLC. If you purchased an optional Certified Copy or Certificate of Status, you will receive these documents with your confirmation letter.

After I file my Articles of Organization, how long will it take for them to be processed and posted?

This depends on how you filed.  

If your Articles of Organization were submitted and paid for online, they will usually be processed within two to three business days. Submissions and payments made by mail will take three to five business days to be processed.

How can online forms be signed? 

Under s.15.16, F.S., typing your name will fulfill the signature requirement. Legally, e-signatures are the same as physical signatures. Signing someone else's name without their permission is considered forgery.

How do I get a copy of my Articles of Organization?

After your Articles of Organization have been posted, you can download a copy for free from Sunbiz.

What caused my application to be rejected?

Every application will be closely reviewed to ensure it meets state requirements. Your application was likely rejected because it did not fulfill one of these requirements.

What can I do after my application has been rejected?

You can make any necessary corrections to your Articles of Organization by visiting the Sunbiz website and entering your PIN and tracking number.