Florida Registered Agents: Legal Requirements, Costs, and How to Choose

In Florida, registered agents are individuals or entities designated to receive legal documents on behalf of businesses. The agents help businesses promptly receive documents like subpoenas, lawsuits, and government correspondence. In addition, they ensure business entities remain compliant with state regulations.

Under Chapter 607 of the Florida Statutes, corporations must assign and maintain a registered agent or office to handle compliance-related documents and legal paperwork. The state law also requires corporations to register the assigned agent with the Florida Department of State, Division of Corporations. Interested parties can find information on registered agents by using resources provided by the agency.

What Does a Florida Registered Agent Do for an LLC or Corporation?

Under FL Statutes Chapter 607 (4), registered agents must fulfill the following duties:

• Forwarding processes, demands, or notices pertaining to a corporation to their physical address.
• Receiving legal documents, including service of processes, notices of garnishments, and lawsuits.
• Maintaining records of all legal communication between a corporation and government entities.
• Filing annual reports and other necessary paperwork to ensure the company is compliant with state regulations.

Criteria for Becoming a Registered Agent in Florida

In Florida, persons or entities can be registered agents if:

• They reside in the state and have a business address that is identical to the registered office’s address. 
• They are a foreign entity that has the right to operate in the state. The entity must also have a physical address in the state.

Note: Corporations can also act as their own registered agents, provided they fulfill the aforelisted requirements.

Legal Requirements for Registered Agents in Florida

Per Florida laws, you can represent business entities as a registered agent if:

• You are a state resident.
• You have a physical address in the state.
• You have a business that is registered and active with the Florida Division of Corporations.
• You are available during normal business hours.

Note: No licensing or registration is required before you can act as a registered agent. However, you can designate yourself as a registered agent while filing a company’s Article of Organization with the state’s Division of Corporations.

Registered Agent Compliance in Florida

Per Florida statutes, most corporations are required to have and maintain registered agents. The state law requires agents to be operational during business hours to receive documents on behalf of the entities. Note that Florida registered agents must have a physical address, which is different from a P.O. Box.

However, some companies in Florida are not required to have registered agents. The state laws exempt the following entities from having a registered agent:

• Businesses that are legally required to designate their Chief Finance Officer as registered agents.
• Trusts and financial institutions that are subject to the provisions of the financial institution codes.
• Associations or entities that are subject to the provisions of Chapter 665.

Finding the Right Registered Agent for Your Florida Business

Choosing a registered agent is a crucial decision for most corporations in Florida. The right registered agent can help businesses avoid issues arising from non-compliance and lawsuits. For this reason, business entities must consider the following factors when selecting a registered agent in Florida:

Experience

Your preferred registered agent must have the experience to navigate Florida's regulations and compliance rules. Better still, the agent must be familiar with your specific industry regulations and processes. Note that each industry has a set of regulations that may confuse inexperienced agents. Companies may depend on recommendations from other entities in similar industries to find registered agents with great track records. 

Availability and Responsiveness 

Most legal processes or regulatory issues are time-sensitive, and a delay may lead to dire consequences for the corporation. Therefore, companies need a registered agent who is easy to reach and available during normal business hours. The agent must have a fixed physical address and contact information to receive legal documents. The agents may also have a dedicated team to handle deadlines. 

Pricing

Businesses must consider the fees or pricing structure when choosing registered agents in Florida. Agents may charge different fees based on the business size or industry. Agents may also charge extra fees for additional services like creating audit reports or keeping business records.

Solid Reputation

Your preferred registered agent must have verifiable proof of their expertise and experience. Businesses may research the agent’s reputation by making inquiries from their clientele. An alternative option is to use online review sites to find more information about the agent’s reputation. For instance, the Google Business Profile often lists user reviews about business entities. 

Note: The right registered agent must have an overwhelming percentage of positive reviews over negative ones.

Multi-state locations

This is a major factor for businesses that have locations in different states and countries. Such businesses may spend more to hire different registered agents for these locations. To avoid such situations, it’s preferable to choose a Florida-registered agent that has the expertise and legal right to operate in other states. 

Note: Registered agents often showcase their multi-state locations on their websites.

Costs of Registered Agent Services in Florida

In Florida, the typical cost of hiring a registered agent may vary between $100 and $300. Some registered agents may charge extra fees for additional services like auditing or annual reports. Keep in mind that the state’s division of corporations also charges different fees for designated registered agents. For instance, limited partnership entities must pay $35 to designate a registered agent. The fees are often included when filing an article or organization with the agency.

Businesses may avoid the majority of these costs by self-designating or using an in-house registered agent. While this is a cost-effective solution, it may lead to the following drawbacks:

• It may disrupt the business operation since registered agents must be available during open hours.
• It violates your privacy since your business or home address becomes publicly accessible.
• It causes complications in situations when you need to change business addresses.
• There is a higher chance of missing time-sensitive deadlines.

Accessing Registered Agent Records in Florida

The Florida Department of State, Division of Corporations, maintains an online search portal for registered agents in the state. To use the portal, users may input the registered agent’s name or the entity being represented into the allocated search box. The agency may allow in-person inquiries for registered agents at their physical address:

Florida Department of State
The Centre of Tallahassee
2415 North Monroe Street
Suite 810
Tallahassee, FL 32303

Where to Find Public Registered Agent Information in Florida?

Yes, citizens can publicly access information about registered agents in Florida. The state’s Division of Corporation maintains an online searchable portal for all registered agents. Interested parties may also look up the records in person at the agency’s physical location.

Can I Be My Own Registered Agent in Florida?

In Florida, you can become a registered agent for your business, provided you meet the legal requirements. The requirements include having a physical address in the state and being available during open hours. Businesses choosing to be their own registered agent may experience the following perks:

• They get to save costs.
• They get to maintain full control over their documents and immediately receive sensitive information.
• They get to protect sensitive documents from third parties.

However, businesses may face these challenges when self-designating as registered agents:

It violates your privacy

In Florida, registered agents are required to file their address with the Division of Corporations. After filing, the agent’s address and name become part of public records. Although this is not an issue for a registered office or agent, it comprises the privacy of self-designated agents. This means disgruntled parties in lawsuits can easily look up your address on public-maintained databases.

Changing addresses becomes a complicated process.

Registered agents must notify the Florida Division of Corporations each time they change their physical address. Address changes are time-consuming and require paying certain fees to the agency. However, most businesses may not have the patience to go through this process since it may affect their operations.

They must be available during normal business hours

Businesses self-designating as registered agents must be available during open hours. However, not all businesses have the luxury of being available all day to receive service of processes or other legal documents. For instance, it is a challenge for businesses with irregular working hours, like bars and nightclubs.

Steps to Change Your Registered Agent in Florida

In Florida, you can change a registered agent with the Division of Corporations via these options:

• File a statement of change with the agency
• Update your registered agent information on the annual report.

To file a statement of change, interested parties must use this guide:

1. Create a statement of change request form that includes the following:
2. Submit the required filing fees and completed forms to the agency at:

Mail address
Registration Section
Division of Corporations
PO Box 6327
Tallahassee, FL 32314

Physical address
Registration Section
The Centre of Tallahassee
2451 North Monroe Street
Suite 810
Tallahassee, FL 32303

Note: It costs $25 and $35 to change registered agents for LLCs and corporations, respectively. Mail-based requests must include fees in the form of money orders or checks.

Upon receiving the form, the agency typically processes the request within five to seven business days.

In contrast, you can update registered agent information on your business annual report via these steps:

1. Input the new agent information on your annual report.
2. Pay the required fees for submitting the report to the Florida Division of Corporation. The agency charges $138.75 and $150 for LLCs and corporations, respectively.

Note: The agency will only approve new registered agents if they meet the legal requirements.

Consequences of Not Having a Registered Agent in Florida

Under Florida Statutes 607.0505, companies will pay a yearly fine of $500 if they fail to designate a registered agent. Furthermore, the state’s Department of Legal Affairs will place a lien against real estate properties owned by the defaulting company. If the company refuses to pay off the lien, it may face a $1,000 civil penalty for each day of non-compliance. 

Besides the legal implications, businesses without registered agents may face the following consequences:

Inability to operate in Florida

Florida’s Division of Corporations requires businesses to provide registered agent information during registration. Thus, companies without registered agents are unable to operate legally in the state.

They may lose their status of good standing.

Florida provides status of good standing certificates to companies that meet the legal requirements. These documents reveal that the company has the legal right to conduct business in the state. However, companies without registered agents are unable to obtain this document.

The courts may pass default judgment on the business

Businesses without registered agents may miss time-sensitive court subpoenas regarding lawsuits. If they fail to respond within the set timeframe, the court will enter a default judgment in favor of the plaintiff.

How to Become a Registered Agent in Florida

You can become a registered agent in Florida by taking these steps:

1. Fulfill the following requirements:
   1. Be above 18 years old
   2. Be a state resident and have a physical address that is different from a P.O. Box.
   3. Be available during normal business hours.
2. Get appointed by a business to become their registered agent.