Florida entrepreneurs start a corporation by filing with the Department of State. The department has a Division of Corporations for processing statewide filings of new Florida business corporations and nonprofit organizations. Filers must first choose a corporate name and then check for its availability. After confirming that the corporation name is available, filers can then fill out incorporation documents provided by Florida. The Division of Corporations provides both a search engine for business names and forms online for convenient business formation.
Step 1:
Visit the Sunbiz.org home page. This website is the online home of the Florida Department of State Division of Corporations. The first thing you should do is get familiar with the navigation menus near the top of the page. The menus important to Florida corporation formation are “E-Filing Services,” “Document Searches” and “Forms.”
In the “E-Filing Services” menu, you can see links for creating a Florida profit corporation (business corporation) and a Florida nonprofit corporation (like a charity, school or church). You may file online with these links. However, the “Forms” menu also has a link for corporate forms. Use that link if you would like to print out a paper copy of your “Articles of Incorporation” form and send it in the mail for processing. The “Document Searches” menu has a link for searching for corporations. You will use this to confirm that your chosen name is available for use in the state.
Step 2:
Scroll over the “Corporation” link in the “Document Searches” menu. You will see a second menu.Click on “Inquire by Entity Name” to run a search for the Florida corporation name that you would like to register. Take care to avoid using any name confusingly similar to any other registered business name. This could cause the Division of Corporations to deny your name or, worse yet, get you sued for using another company’s intellectual property.
Follow the menus to find the “Articles of Incorporation” of your choice. Make sure you use the correct filing form. Remember that the state of Florida may not provide federal tax-exempt status even for a Florida nonprofit. You must apply to the Internal Revenue Service to get this important status. The IRS.gov website has a “Publication 557” that you can search for and use to register as a tax-exempt organization.
Step 4:
Fill out the articles to form your Florida business. You may wish to consult a Florida business attorney if you are not familiar with the inner workings of corporate structure and rules. This is a complex topic that varies by state and organization.
Step 5:
Pay the fee if filing online or prepare a check if mailing in your documents to the Division of Corporations. The standard fee for filing a Florida corporation is $70. You may also obtain a certified copy for $8.75 plus $1 per additional page over 8 pages. However, the maximum cost for a certified copy is $52.50. As of 2010, mail-in filings charge only $8.75 with no additional charges. Call and check before preparing your payment. In addition, you may obtain a “Certificate of Status” for $8.75. Make checks or money orders payable to “Florida Department of State.
Step 6:
Use the following address if mailing in your incorporation forms and fee:
Department of State
Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314
Use the following address if personally delivering your forms and fee:
Department of State
Division of Corporations
Clifton Building
2661 Executive Center Circle
Tallahassee, FL 32301
850-245-6052
