What Mistakes Do People Make Filing a Florida LLC on Sunbiz Themselves?

The short answer

The filing itself is inexpensive. The Florida Department of State's published fee schedule lists $125.00 to form a new LLC, which is a $100 filing fee plus a $25 registered agent designation fee. The expensive part is fixing mistakes. The same schedule charges $25 for Articles of Correction, $25 to change a registered agent, and $50 for an amended annual report.

On the federal side, the IRS states that an EIN costs nothing when you get it directly from the IRS, and that you should form the entity with the state before applying. FinCEN states that companies formed in the United States are exempt from beneficial ownership (BOI) reporting.

The Division of Corporations notes that Florida LLC formation is governed by section 605.0201 of the Florida Statutes and that the Division does not provide legal advice. It will process what you submit, but it won't tell you whether your choices are good ones. The rest of this page covers those choices. Every one of these errors is common, and every one is avoidable once you know it exists.

Florida LLC fees and requirements at a glance

Getting the EIN in the wrong order, or paying for it

The IRS will issue an EIN to a business the state hasn't approved yet. If Sunbiz then rejects the filing, or you change the name to get it through, the number is attached to an entity that never came into existence. The IRS's own guidance is to form the entity with the state first.

The second EIN mistake is paying for one. Many websites charge a fee to "obtain" an EIN, and they often look official. The IRS states that the number is free when you apply directly with the IRS, so there's never a reason to pay a third party for it.

Putting your home address on the public record

Every Florida LLC needs a registered agent, and the $25 designation fee is already built into the $125 formation cost. You can name yourself as your own agent if you meet the address requirement set out in the Division's filing instructions. That's legal, and it saves a recurring fee.

What it also does is put a physical address into a public, permanently searchable record. For someone running a business from home, that means their home address. Changing agents later costs $25 on the fee schedule, but the earlier filings stay in the record.

Filing the annual report late

The annual report is not optional, and the deadline is the costly part. The fee schedule lists $138.75 for a report filed on time and $538.75 for one received after May 1. That $400 penalty is the single largest avoidable cost on the Florida schedule. The fee schedule doesn't list other consequences of not filing at all, so check your entity's status directly on Sunbiz rather than assuming it's still active.

Forming in the wrong state

Delaware, Wyoming and Nevada often get recommended to people who have no reason to be there. If you operate in Florida, you'll generally have to register in Florida as well. That means two sets of fees, two registered agents and two annual reports. For most people running a Florida business, a Florida LLC is the simpler choice.

Following outdated BOI advice

A lot of older guidance tells new owners to file a beneficial ownership report with FinCEN shortly after forming. FinCEN now states that companies formed in the United States are exempt from BOI reporting. A Florida LLC is a US-formed company, so it doesn't file one. Be wary of any service that charges you to file a BOI report for a domestic LLC.

DIY versus a formation service: an honest comparison

No government page makes this comparison, so here it is plainly. Filing yourself on Sunbiz costs the state fee of $125.00 and nothing else. If you're comfortable being your own registered agent, and comfortable with that address being public, DIY is the cheapest route, and the state forms are manageable.

A service doesn't reduce what you owe the state. You still pay $125.00 to form and $138.75 each year for the annual report. What a service can fix is the address problem. A commercial registered agent puts its own address on the public record instead of yours.

ZenBusiness is one option for that specific risk. Its Starter plan is $0 plus the state fee, Pro is $199 per year, and Premium is $299 per year. Registered agent service is a separate $199 per year on every tier, including Premium, discounted to $99 for the first year when you form with them. So if your only concern is keeping your home address off the record, the relevant cost is the agent fee, not an upgraded tier. Details are on ZenBusiness's LLC page.

This site earns a commission on some links, including for ZenBusiness. That doesn't change the math above. If you're fine with your address being public, filing yourself is cheaper.

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