6. Choose the Legal Structure
Common structures are a sole proprietorship, a partnership, a limited liability company and a corporation. A Florida LLC is common for small businesses, but it is not automatically right for every company. If you plan to raise venture capital, talk to an attorney before you pick.
Sunbiz, the Florida Division of Corporations, is the official place to form an entity and register a fictitious name. State fees as of October 2026:
| Filing | Fee |
|---|---|
| New LLC (filing plus registered agent designation) | $125 |
| New corporation (filing plus registered agent designation) | $70 |
| Fictitious name, good for five years | $50 |
| LLC annual report, due January 1 to May 1 each year after formation | $138.75 |
| Corporation annual report, same window | $150 |
| Late fee when an annual report arrives after May 1 | $400 |
Two things old guides get wrong. There is no longer a federal beneficial ownership report for companies formed in the United States. FinCEN ended that requirement in August 2026. And you do not need a formation service to file with Sunbiz.
If there are multiple founders, do not postpone the hard conversations. Who owns what? Who put in money? Who owns the intellectual property? Who can make major decisions? What happens if somebody leaves? Can ownership be sold? What happens if the founders disagree?
A handshake works until it does not. This is one of the points where an attorney is materially cheaper than fixing the problem later.