A Florida registered agent (also referred to as a resident agent or statutory agent in some states) is a person or company designated as the company’s official point of contact.
A registered agent receives service of process (legal mail such as a summons, subpoena, or lawsuit) and forwards it to the appropriate person in the company. The state requires registered agents for a Florida Limited Liability Company (LLC) and corporation, but sole proprietorships and general partnerships do not need one.
What are the Requirements of Florida Registered Agents?
The requirements for registered entities to have a Florida Registered Agent are in Florida Statutes Section 605.0113 (LLC) and Section 607.0501 (corporation), which state that registered entities will have and continuously maintain a registered agent.
In addition to the state legal requirement, if a process server is unsuccessful in reaching the company’s registered agent, the court can proceed with legal proceedings, which could result in a judgment being placed against the business. Additionally, by not maintaining a registered agent, an entity may lose its good standing with the state, and the owners may lose their liability protection.
There are a few requirements to be a Registered Agent in Florida, which include:
- A Florida resident 18 years or older may be appointed. Alternatively, a registered business entity, such as a registered agent service, may be appointed.
- Having a physical address (often referred to as a registered office or principal office). This can be the actual address of the business, the home address of an owner, or even the address of a friend or family member. PO Boxes and mail drop services are not allowed since someone has to be available to sign for documents.
- The agent is generally available to receive service of process on behalf of the business during normal business hours, normally between 9 a.m. and 5 p.m.
Can I Be My Owner Registered Agent In Florida?
Yes, you can serve as your own registered agent in Florida, provided you meet the state’s requirements above. This option is the least expensive and isn’t overly complicated, but there are a few potential drawbacks. A few of these include:
- Privacy: The registered agent’s name and address are listed on the State of Florida business database. This can be concerning if someone runs a small business on the side and doesn’t want their employer to know about it. Also, if the business is sued, the notice will be delivered to the registered office address, and employees, customers, or neighbors can witness the event. Last, if the registered office address is the owner’s home address, there is also the remote possibility of a vindictive litigant or upset customer finding the address and showing up at the business owner’s home.
- Availability: Florida requires the registered agent to be available at the registered address during regular business hours. The biggest issue with availability, especially if a home address is used, is if the agent goes on vacation or is otherwise away for some period of time and can’t be reached.
- If the Business Expands Outside of Florida: If the business has a physical presence in multiple states outside of Florida (offices, warehouses, employees, etc.), a foreign entity registration will often need to be filed with those states and would require that a registered agent be appointed in each additional state.
- Due Date Reminders: Registered agent services often provide annual report reminders and state updates, which is nice to ensure the entity remains in good standing with the state.
Several alternatives are available if a business owner chooses not to serve as a registered agent in Florida. They can appoint a trusted individual, such as a family member, friend, or employee, who meets the state’s requirements and is willing to take on the responsibility. Law firms or accountants familiar with the company’s affairs may also offer this service. A cost-effective solution is hiring a professional registered agent service specializing in fulfilling this role.
How Much Does a Florida Registered Agent Service Cost?
There is no cost for the business owner to be the registered agent. If a commercial registered agent service is hired, expect to spend between $100 and $150 per year, depending on the services provided.
How Do You Appoint a Florida Registered Agent?
A registered agent in the state of Florida is initially appointed when the formation paperwork is filed with the Florida Department of State.
How Can A Registered Agent Be Changed In Florida?
To change a Registered Agent in Florida, submit the Statement of Change of Registered Office / Agent form and the filing fee to the Florida Department of State, Division of Corporations. In addition to filing this form, the LLC operating agreement or corporation bylaws should be updated to include the new registered agent’s information.