Reviewed by Laurie Spicer · Last reviewed: October 20, 2026
This article is for general information only and does not constitute legal, tax, or HR advice. Consult a qualified professional for your situation.
To register a business in Florida, choose your entity, check the name is free on Sunbiz, appoint a Florida registered agent and file online with the Division of Corporations. A Florida LLC costs $125 to form and $138.75 a year to keep active, according to the Florida Division of Corporations. Below we compare Florida with Delaware and walk through each step.
Florida is not only known for its sunshine and beaches but also for its favourable business environment. If you are considering starting a business or expanding your existing one, Florida might just be the place for you. In this full guide, we will walk you through the process of registering your company in Florida and explore the advantages and disadvantages of incorporating in Florida compared to Delaware.
Before comparing states, make sure you’ve settled on the right entity type. For most international founders, that means a C-Corp rather than an LLC.
We will also provide key insights into the business landscape and popular companies in Florida, along with state facts to help you make an informed decision.
If you’re ready to set up, our US Entity Setup Service handles this end-to-end.
Pros of registering a business in Florida vs Delaware
When considering where to register a business, it’s important to weigh the pros and cons of different states. Florida and Delaware are two popular options for entrepreneurs. This paragraph explores the advantages of registering a business in Florida compared to Delaware, highlighting factors such as tax benefits, business-friendly laws, and flexibility in company structure.
✔️Business-friendly legal environment
Florida is known for its business-friendly legal environment, which includes simpler regulations and a supportive framework for entrepreneurship. The state offers an efficient online registration process, making it quick and convenient to incorporate a business.
Additionally, Delaware is renowned for its well-established and respected corporate law, which provides businesses with clear guidelines and a strong legal infrastructure to operate within.
✔️Access to financial resources
Florida has a strong financial ecosystem, with a wide variety of funding options available for businesses. The state is home to many banks, venture capital firms, and angel investors that actively support entrepreneurs. To find out more about the institutions based in Florida, please click here. The availability of financial resources can be advantageous for businesses seeking investment or startup capital.
On the other hand, Delaware is known for being a major hub for corporate entities, offering access to a network of renowned banks and financial institutions. The state’s laws provide flexibility and protection for corporations, limited liability companies, and limited partnerships, making it an appealing choice for businesses seeking sophisticated financial services.
✔️ Corporate-friendly tax policies
Florida has no personal income tax, which helps attract and keep staff. It does charge a 5.5% corporate income tax, but the first $50,000 of taxable income is exempt.
Delaware charges an 8.7% corporate income tax on income earned in the state, but companies incorporated there that operate elsewhere usually pay its franchise tax instead. Speak to a US tax adviser about where your company will owe tax.
✔️ Court expertise and jurisdiction
Florida’s courts are acknowledged for their experienced judges and flexible procedural rules. The state’s judicial system is composed of the Supreme Court, six district courts of appeal, 20 circuit courts, and 67 county courts, each playing a distinct role in delivering justice across the state.
In terms of procedural flexibility, Florida courts have implemented rules that allow for efficient and expedited litigation. The Florida Rules of Civil Procedure, for example, promote fair and just resolution of civil cases while also ensuring a timely and simpler process. The wealth of experience and expertise among Florida judges contributes to the state’s reputation for having a strong and competent judiciary.
On the other hand, Delaware is widely recognised for its specialised court system, the Court of Chancery, which has a longstanding history of handling corporate disputes and complex business cases. The state’s expertise in corporate law and its business-friendly legal precedents make Delaware an appealing choice for businesses concerned about litigation and seeking a predictable and experienced judicial system.
✔️ Privacy and confidentiality
Florida stands out for its strong privacy protection for businesses, which is increasingly important in today’s digital world. The state provides full data privacy laws and regulations, such as the Florida Information Protection Act (FIPA), which requires businesses to take specific measures to safeguard sensitive information. Additionally, Florida’s courts uphold privacy protection and have a track record of strict enforcement of privacy laws and business contracts.
Although Delaware also offers privacy and confidentiality protection for businesses, its laws are not significantly different from other states. However, Delaware’s strong privacy laws, including allowing for anonymous directors and managers, can be an advantage for businesses that prioritise discretion and protection of personal information.
Cons of incorporating in Florida compared to Delaware
The section below explores some of the cons of incorporating in Florida compared to incorporating in Delaware, highlighting potential disadvantages that business owners should keep in mind.
❌ Slightly higher formation fee
Florida’s formation fee is slightly higher than Delaware’s: $125 for an LLC against $110. Ongoing costs run the other way. A Florida LLC pays a $138.75 annual report fee, while a Delaware LLC pays a $400 annual tax, and you need a registered agent in either state.
Florida and Delaware are not the only options worth weighing. Our wider comparison covers Delaware, Wyoming and Nevada with verified annual costs.
In this section, we’ll be looking at the taxes and fees for an LLC in Delaware vs Florida.
| Fee type | Delaware LLC | Florida LLC |
|---|---|---|
| LLC Filing Fee | $110 | $125 |
| Same Day Service | Yes, for an extra fee | No |
| Annual Franchise Tax | $400 annual tax (from 2026, previously $300) | No tax; $138.75 annual report |
| Change Registered Agent Fee | $50 | $25 |
| Certificate of Good Standing | $50 | $5 (certificate of status) |
Further reading
❌ Shareholder rights
Businesses opting to register in Florida may find it beneficial as the state offers certain legal protections and benefits to corporate shareholders, such as the opportunity to file derivative lawsuits and the right to access corporate information. Moreover, the state’s corporate laws provide flexibility in the formation and regulation of corporations, which has attracted many small businesses to register there.
On the other hand, Delaware has long been recognised for having an extensive legal framework that provides full protections and benefits to shareholders. This includes the Delaware Court of Chancery, which has a broad jurisdiction over corporate matters and a reputation for providing decisions that are favourable to shareholders. Investors are more familiar with Delaware’s corporate law system, and as a result, some institutional investors and venture capitalists may request that businesses incorporate there.
❌ Lawsuit-prone environment
Florida has long been seen as a plaintiff-friendly state with high litigation volumes, although tort reforms passed in 2023 tightened some rules.
Delaware, on the other hand, with its well-established legal system, can provide businesses with a stable and predictable legal environment, reducing the risk of costly and unpredictable litigation.
❌ High insurance costs
Florida and Delaware have different business insurance costs, with Florida often experiencing higher rates compared to Delaware. The cost of business insurance in Florida can be influenced by several factors, including the state’s geographic location, population density, and industry risks. Florida’s high business insurance costs can be attributed to various factors, including its susceptibility to natural disasters such as hurricanes, which can result in increased property and liability risks for businesses. Additionally, Florida’s vibrant tourism and hospitality sector, along with its large population, can contribute to higher liability and workers’ compensation insurance costs.
On the other hand, Delaware’s business insurance costs tend to be lower compared to Florida. Delaware’s smaller population and lower hurricane exposure may contribute to lower insurance rates. Moreover, Delaware’s business-friendly environment, favourable legal system, and lower risk profile in certain industries may also contribute to lower insurance costs for businesses operating in the state. Ultimately, the specific insurance costs for businesses in Florida and Delaware will depend on various factors, including industry type, location, and specific risk exposures.
❌ Higher cost of living and labour
Living costs and salaries vary widely within Florida. Miami is one of the more expensive US cities, while Tampa, Orlando and Jacksonville cost less. Delaware is small, and many companies incorporated there employ no one in the state, so compare the cities where your team will actually work.
❌ Limited corporate legal advantages
While Delaware is renowned for its corporate-friendly legal system, businesses based in Florida may not enjoy the same level of legal advantages and protections. Delaware’s corporate laws offer greater flexibility and protection, particularly for larger or publicly traded companies. This can be a crucial factor for businesses seeking to optimise their corporate structure, protect shareholders’ interests, or attract institutional investors.
How to register a business in Florida?
Registering your business is a crucial step in ensuring that your business is legitimate and recognised by the state and local government. In the section below, we will provide you with an overview of the steps required to register a business in Florida and some resources that can help you through the process.
1. Choose a business entity
Determine the most appropriate business entity for your company. Options include a Corporation, Limited Liability Company (LLC), or Partnership. Consider consulting with a legal professional to understand the advantages and disadvantages of each option.
2. Choose a business name
Select a unique name for your business that complies with Florida’s naming requirements. Conduct a search on Florida’s Division of Corporations website to ensure the chosen name is available and not already in use.
3. Appoint a registered agent
All US companies must appoint a registered agent who will serve as the point of contact for legal correspondence and process service in Florida. The registered agent must have a physical address in Florida.
4. File necessary forms
Prepare and file the appropriate documents to register your business with the Florida Division of Corporations. The required forms may differ based on the chosen business entity. You can file the forms online through the Division’s website or mail them to the Division by printing and completing the necessary forms.
5. Obtain an Employer Identification Number (EIN)
All companies must obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). This nine-digit number is used for tax purposes and is required when conducting business operations in the United States.
6. Obtain necessary permits and licences
Depending on the nature of your business, you may need to obtain specific permits and licences to operate legally in Florida. Check with the Florida Department of Business and Professional Regulation to determine the requirements for your industry. Below, find three examples for industries that may need an additional license.
- Professional Services Industry: Businesses providing professional services, such as legal firms, consulting firms, or advertising agencies, may require licenses specific to their profession or industry to ensure compliance with professional standards and regulations.
- Information Technology Industry: Businesses engaged in information technology services such as computer repair companies, data processing companies, software developers, and web designers may require licenses to ensure compliance with state regulations and cybersecurity standards.
- Insurance Industry: Businesses involved in the insurance industry, such as insurance agencies, may require licenses to ensure compliance with state insurance laws and regulations.
7. Fulfil tax obligations
Register with the Florida Department of Revenue to meet your tax obligations. This includes sales tax, payroll tax, corporate income tax, and any other applicable taxes based on your business activities.
8. Comply with additional requirements
Non-U.S. companies may have additional obligations and requirements to fulfil at the federal level. Consult with an attorney or tax advisor to understand any specific compliance requirements for your business.
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It’s important to note that the process for registering a business can vary based on factors such as the chosen business entity, industry, and specific circumstances of the non-U.S. company. Seeking legal assistance and consulting with professionals in the U.S. can provide valuable guidance and ensure compliance with all necessary regulations and requirements.
How to set up a US Subsidiary
An important consideration for foreign companies wishing to do business in the USA is whether and when to form a US entity. In this eBook, discover when and why businesses should consider setting up a US entity.
Florida
2021:
LLC Registrations: 278,066
Corporation Registrations: 143,302
Statutory Trusts: 1,480
Total Business Entities: 2,684,869
2022:
LLC Registrations: 307,517
Corporation Registrations: 156,888
Statutory Trusts: 1,557
Total Business Entities: 2,987,160
Delaware
2021:
LLC Registrations: 1,291,911
Corporation Registrations: 370,404
Statutory Trusts: 25,547
Total Business Entities: 1,825,050
2022:
LLC Registrations: 1,403,986
Corporation Registrations: 386,254
Statutory Trusts: 26,900
Total Business Entities: 1,966,110
Well-known International Companies doing business in Florida
Florida is an attractive destination for international companies seeking to expand their business into the United States. The state’s strategic location, diverse population, strong economy, and business-friendly policies make it a favourable location for companies from various countries around the world. Here are some popular non-US companies that are doing business in Florida:
Airbus
Airbus, the French aircraft manufacturer, has a significant presence in Miami, including training and customer support for airlines across the Americas.
Siemens
Siemens, the German technology group, has offices and facilities across Florida, and Siemens Energy runs major US operations from Orlando.
Bayer
Bayer, the German pharmaceutical and life sciences group, also has offices and operations in Florida.
State Facts for expanding your business in Florida
Florida boasts a thriving economy, stunning beaches, and an enviable quality of life, making it an ideal destination for business growth. In this section, we will explore key state facts regarding workforce, quality of living, and talent pools that make Florida an appealing choice for expanding businesses. Join us as we uncover why Florida is the perfect place to expand your business, offering a high-quality workforce and exceptional quality of living.
👌 Hiring
When it comes to expanding your business in Florida, the state offers a rich and diverse talent pool. Florida is home to several top-ranking universities and colleges, including the University of Florida, Florida State University, and the University of Miami, which produce graduates with expertise in a wide range of fields.
In terms of available talent, Florida has a particularly strong presence in hospitality due to its thriving tourism industry. This abundance of low-skilled labour makes it easier for businesses in the hospitality sector to find employees to meet their staffing needs.
However, beyond the hospitality sector, Florida also boasts a thriving tech industry, with a strong presence of skilled professionals in areas such as technology, tech sales, marketing, and more. Companies looking to fill positions in these fields can tap into the talent pool offered by Florida’s universities and colleges, as well as experienced professionals already established in the state.
Overall, Florida provides abundant opportunities for businesses to find talented individuals across various industries. Whether it’s hiring graduates from prestigious institutions or recruiting experienced professionals, the state offers a diverse talent pool to meet the needs of expanding businesses.
👌 Cost of living
Florida’s cost of living is generally lower than in other major US business hubs, which helps keep salary expectations competitive.
When comparing specific cities, there are variations in the cost of living, such as Miami and Tampa. Miami generally has a higher cost of living compared to Tampa. The differences can be seen in housing, transportation, groceries, and other key factors that impact the overall cost of living.
Housing and rent are usually higher in Miami than in Tampa or Orlando, so location within the state affects salary expectations.
These figures provide a general comparison, but it’s important to note that cost of living can vary even within specific cities and individual circumstances. Businesses planning to expand to Florida should recognise these differences and consider how they may affect the overall cost of living for their employees.
👌 Talent pools
Florida has a growing tech scene, particularly in Miami, Tampa and Orlando, alongside large healthcare, finance and logistics workforces.
Furthermore, Florida’s talent pool is not limited to the tech industry. The state’s diverse economy and vibrant business environment attract talent across various sectors, including healthcare, finance, hospitality, and more. The combination of a strong talent pipeline and favourable business conditions make Florida an attractive destination for companies looking to expand their operations.
👌 Quality of life
Florida has been ranked highly for its overall quality of life. The state’s warm climate, beautiful beaches, and diverse culture make it an attractive destination for tourists as well as residents.
Florida also has well-known hospitals, including the Mayo Clinic in Jacksonville and the Cleveland Clinic in Weston.
The state’s natural charm and abundant recreational activities, such as fishing, boating, and golfing, also contribute to its high quality of life rating. Florida’s lack of a personal state income tax also appeals to many residents.
Overall, Florida offers an excellent quality of life with warm weather year-round, access to major healthcare facilities, and a wide range of recreational activities. However, it is important to consider the potential negative impacts of rapid urban growth when weighing these advantages.
Are you expanding to the USA? Let’s talk!
Foothold America is a trusted partner that can provide the expertise and guidance you need to navigate the complex legal landscape of establishing your business in the USA. Our team of experts specialises in US business expansion, including employment and we can provide you with customised advice and support at every step of the way.
If lower fees and stronger privacy protections matter more to you than Florida’s tax climate or Delaware’s legal system, it’s also worth comparing Nevada, Wyoming, and California, three other states international founders often shortlist.
Whether it’s ensuring compliance with employment regulations or setting up payroll, we have you covered.
By partnering with Foothold America, you can have peace of mind knowing that you have a knowledgeable and experienced team on your side. We will work closely with you to understand your specific needs and help you build a solid foundation for your business in the USA.
Ready to take the next steps in expanding to the USA? Contact us today to learn more about how Foothold America can support you on your journey.
Frequently Asked Questions: Registering a Business in Florida
How much does it cost to register an LLC in Florida?
The state fee is $125: $100 for the articles of organisation plus $25 for the registered agent designation. After that, an annual report costs $138.75, due between 1 January and 1 May, with a $400 penalty if it is late.
Is it better to incorporate in Florida or Delaware?
It depends on your plans. Delaware suits companies raising venture capital because investors know its corporate law. Florida can be simpler and cheaper to run if your team and customers are there. Many companies form in Delaware and register in the state where they operate.
Does Florida have a corporate income tax?
Yes. Florida charges a 5.5% corporate income tax, with the first $50,000 of taxable income exempt. It has no personal income tax, which helps when hiring. Speak to a US tax adviser about your own position.
Can a non-US company register a business in Florida?
Yes. Non-US owners can form a Florida LLC or corporation without visiting the US. You need a Florida registered agent with a physical address, and an EIN from the IRS to open a bank account and hire.
How long does it take to register a business in Florida?
Online filings with the Division of Corporations are usually processed within a few business days. Getting an EIN as a non-US owner can take longer, so allow a few weeks before you need a bank account.
Frequently Asked Questions
Get answers to all your questions and take the first step towards registering your business in Florida.
How long does it take to register a business in Florida?
Usually a few business days for online filings with the Florida Division of Corporations. Mailed paper filings take longer, often a couple of weeks. Timing depends on the Division’s workload and whether your documents are complete. Getting an EIN, opening a bank account and registering with the Florida Department of Revenue add further time afterwards.
What are the ongoing compliance requirements for businesses in Florida?
Every Florida corporation and LLC files an annual report with the Division of Corporations, due by 1 May. The fee is $150 for a profit corporation and $138.75 for an LLC. Missing the deadline adds a $400 late fee. You also keep a registered agent, renew local licences and meet Department of Revenue obligations.
Can I change the structure of my business entity in the future?
Yes. Florida allows conversion from one entity type to another, such as an LLC to a corporation, by filing with the Division of Corporations. You can also move the company to or from another state. Conversion can have tax consequences, so speak to a qualified US tax adviser. Our guide to LLC vs C-Corp for foreign founders explains the trade-offs.
Are there any specialised resources or incentives available for small businesses in Florida?
Yes. The Florida Small Business Development Center network offers free consulting and training across the state. Incubators such as Tampa Bay Wave and university innovation hubs support early-stage companies. The state also runs targeted incentives for job creation and certain industries. Eligibility rules vary, so check each programme’s criteria before relying on it.
Do I need to have a registered agent for my business in Florida?
Yes. Every Florida corporation and LLC must appoint a registered agent with a physical street address in Florida. The agent receives legal papers and official state correspondence during business hours. You can act as your own agent only with a Florida address. Most overseas companies use a professional provider, as our guide to what a registered agent does explains.
What are the official registration fees for a business in Florida?
Filing Articles of Organization for a Florida LLC costs $125, including the registered agent designation. Articles of Incorporation for a profit corporation cost $70, including the registered agent designation. Optional extras, such as certified copies or a certificate of status, cost more. Fees can change, so confirm current amounts with the Florida Division of Corporations before filing.
