Florida Registered Agent

Registered agents in Florida are individuals or services that maintain a physical address within the state and are responsible for receiving documents for other businesses. Given their essential role in guaranteeing timely receipt of company correspondence, making a considered, well-informed decision when selecting a registered agent is vital.

Is a Registered Agent Required in Florida?

Yes, according to Chapter 605 of the Florida Business Corporation Act, all corporations in Florida must appoint a Registered Agent to carry out business activities in the state. Also, under the Florida Revised Limited Liability Company Act, every local and foreign limited liability company is also required to appoint a Registered Agent. Every corporation, limited liability company (LLC), and limited partnership organized in Florida (a domestic entity) or created in another state, territory, or country that conducts business in Florida must have a registered agent and a registered office in Florida.

 If a company does not have a registered agent in Florida, it cannot respond to lawsuits and defend itself in court. State authorities can also shut down a business if they are found not to have a registered agent.

What Is a Registered Agent?

A registered agent is a person or organization chosen by an active company, such as an LLC, C Corp, or any other entity type, to accept service of process notices, official messages, and compliance-related papers on the firm’s behalf. There are two categories of registered agents; in-house and third-party registered agents. The in-house agents are usually the owner or employees of the company. In contrast, a third-party registered agent is a professional individual or entity that is contracted to be a company’s registered agent.

What Does a Registered Agent Do?

A registered agent has one main function – to receive and transmit documents on behalf of the business it represents. However, most organizations prefer professional registered agents (and services) since they reliably provide additional services besides transmitting official correspondence.

Primarily, a Florida registered agent is required to:

• Retain a Florida street address
• Act as a corporate liaison between a business and the government
• Be accessible to accept service of process for the company during regular business hours;
• Receive further formal documents mailed or delivered on the company’s behalf, such as license renewal and tax letters; and
• Report to the company if they have received critical official documents

Registered agents occasionally provide extra services such as drafting and submitting registration paperwork with the state department, reminding clients when yearly reports or license renewals are due, and maintaining records. 

LLC Registered Agent in Florida

The duties of a registered agent in Florida of either foreign or domestic LLC are as outlined by the Florida Limited Liability Company Act. The Act gives the requirements that an LLC must adhere to to function in the state.

According to the Act, registered businesses must first obtain a certificate of Authority from the Florida Department of State to carry out business within state limits. The business must then designate and maintain a registered agent. To qualify as a registered LLC agent in Florida, a business can either be:

• A person who lives in the state and has a business address the same as the registered office address
• A domestic business that is authorized by the Department of State and has the same business address as the address of the registered office
• A foreign entity that is authorized to do business in Florida and has an address identical to that of the registered office

The Florida Department of State is also required to keep records of registered agents and offices associated with LLCs in the state. These records are available to interested persons and are furnished upon request. If a registered agent resigns, they are required by Florida law to send a notice of resignation to the Department of State.

Do I Need a Registered Agent for My LLC in Florida?

Yes, Florida law requires that an LLC operating in the state appoint and maintain a registered agent. The state department must be informed during the initial filing of the appointment and designation of the registered agents. It is also important that business owners inform the department whenever there is a change in the registered agent. The state department maintains records of registered agents in the state and constantly updates these records with new information.

Registered Agent of a Corporation

The state of Florida requires all corporations to have a registered agent to receive official legal records like court documents, subpoenas, and other notices. The registered office, also known as the registered agent’s business location, must have a Florida street address. Registered agents of corporations perform the same duties as those of an LLC or any other business structure. 

Who Can Be a Registered Agent in Florida?

A registered agent in Florida can either be an individual who resides in the state with a business address or a domestic/foreign entity registered in the state and authorized to transact business there. Some important requirements needed to become a registered agent include:

• The registered agent must be 18 years or older
• The registered agent must have a business address in Florida
• The designated agent Must be accessible at all times during regular business hours to accept personal service or process

Legal Requirements of a Registered Agent in Florida

In Florida, a registered agent can be an individual, a domestic entity, or a foreign entity. A registered agent is legally mandated to maintain a business address identical to the registered address of the LLC or corporation they work for. Every initial registered agent and any appointed successor agent is also legally required to file a statement with the Florida state department, with details of their name and address, accepting their appointment as a registered agent. The acceptance letter must also show that the registered agent is familiar with the duties that come with the appointment.

A registered agent must also ensure they remain open every day from 10 am to 12 noon except on weekends and legal holidays so that the registered office can receive important legal documents. If the registered agent resigns, they are expected to give the business notice required by 607.0503 at the address the company last provided to the business. 

How To Choose a Registered Agent in Florida

Some key considerations for choosing a registered agent in Florida include:

• The agent’s track record and availability during office hours.
• Efficiency in forwarding vital documents (and whether or not they have a same-day service option)
• Online document management and additional services like legal support (where they are not strictly a registered agent or agency)
• Fee comparison with other service providers

Firms can opt for private individuals over registered agent services, but the latter is often preferred. Registered agents and agencies in Florida offer varied pricing and approval methods. Details can typically be found on the agency’s website or by contacting them directly during regular working hours.

How Much Does a Registered Agent Service Cost in Florida?

On average, Florida registered agents charge $100 to $400 per year and $10-$50 per month to render their services to businesses. A number of these professional registered agent services also offer a lot of other services filing articles of formation and LLC formation documents on behalf of the company, which cost an extra $100-$200. Business owners can cut the cost of hiring a registered agent by paying for several years at a time which usually comes with a discount or by doing it themselves. Performing a registered agent service in-house can cost nothing at all.

Can I Be My Own Registered Agent in Florida?

Yes, any business owner can become their own registered agent in Florida if they meet the state’s legal requirements. The Florida Division of Corporations stipulates that entities can become their own registered agent, or the registered agent can be individuals, members, or any shareholder in the business.

How To Change a Registered Agent in Florida

 Business entities can change their registered agents in Florida by filing the appropriate documents with the Department of State per Chapter 617 of the Florida Statutes.

To change a registered agent in Florida, business owners must complete and file a Statement of Change of Registered Agent form and a cover letter and send it to the Florida Department of State, Division of Corporation. A change of registered agent can also be done by changing information when filing an annual report form for a business with the Department of State. The filing fee for a change of registered agent for an LLC in Florida is $25, while the filing fee for corporations is $35. There is no extra charge when changing agents by filing the annual business reports. Business owners are only charged a fixed annual report filing fee which is $138.75 for LLCs and $150 for corporations. Filing and payments can be made in person or via mail

Amendment Section

Division of Corporations

PO Box 6327

Tallahassee, 

What Happens If You Don’t Have a Registered Agent in Florida?

A registered agent is necessary by Florida law to make sure that a company receives all crucial legal, tax, and commercial documents on time. Businesses must register and maintain a registered agent per Florida law. A corporation, foreign corporation, or alien business organization that violates this requirement to have and continuously maintain a registered office and registered agent is subject to a $500 fine from the state for each year, or fraction thereof, that the corporation, foreign corporation, or business organization violates this requirement.

The Department of Legal Affairs may file an action in the circuit court for the judicial circuit in which a business organization is found, conducts business, or is located in real property owned by the business organization. To obtain an order directing the appointment of a registered agent and the designation of a registered office, as well as to obtain a judgment for the penalty fee. A civil penalty of $1,000 will be assessed for each day that an order requiring the designation of a registered office and a registered agent is not followed promptly or completely.

A business that fails to maintain a registered agent in the state can also expose itself to litigation. Companies can be served court documents through the Department of State, which means lawsuits can go ahead without the knowledge of the business.

How To Become a Registered Agent in Florida

Unlike other states in the U.S, Florida does not have any agent registration process or requirement. Registration of registered agents is done while filing articles of incorporation for any new business entity in the state. The registered agent will be approved and become active if they meet all the criteria required to become a registered agent in Florida.

 Individuals and business entities can become registered agents in Florida. To become a registered agent in Florida, an entity must perform the following functions

• The individual or entity must have a physical address
• The agent needs to be physically able to take service of process at a Florida address.
• In order to be served with legal documents, they must be accessible during regular business hours.
• They must be able to deliver service of process to the chosen business on behalf of a business.

The Florida Department of State charges a fee of $25 to designate and approve a registered agent.

Florida Registered Agent Search

Interested persons can perform Florida registered agent search through the Florida Department of State, Division of the Corporation. The department maintains a list of the best Florida registered agents with licenses to operate in the state.

Individuals can perform a registered agent search by submitting a public records request to the Department of State, Division of Corporation. The request can be made by mail or by telephone. The department is required by law to furnish a list of registered agents in the state.

 A Florida registered agent search can also be performed by searching the Florida Department of state Division of Corporations online database. The database contains information about all registered agents in the state. It can be searched using the name of the registered agent or the entity number assigned to the registered agent.

Request by phone or mail can be made to:

Florida Department of State

Office of the General Counsel

Attn: Public Records Custodian

500 South Bronough Street, Suite 100

Tallahassee, Florida 32399-0250

Phone or Fax

(850) 245-6507 – Office

(850) 245-6127 – Facsimile

Is Registered Agent Information Public Record in Florida?

Yes, registered agent information is a public record and is made accessible to interested individuals through several databases maintained by the Florida Department of State. Information such as the registered agent’s name and address, including all records entered while filing articles of organization, becomes public records with the Florida Department of State.

 The Florida Division of Corporations database offers information about registered agents in the state to interested individuals. Anyone can use the online tool to look up a company by name and read its public documents, including the name and location of its registered agent.