Florida LLC Operating Agreement

Set out who owns your Florida LLC, who manages it, and how profits are split — and download a print-ready PDF. Single-member or multi-member. Free, no signup. The preview updates as you type.

Reflects current Florida rules · 2026 Official source linked Free PDF · no signup · nothing uploaded

Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.

Florida LLC act rules · as of 2026

Required by law?: No — but strongly recommended
Recognized form: 'which may be oral, implied, in a record, or in any combination thereof'
Governing act: Florida Revised Limited Liability Company Act

Without an agreement: Florida rejected RULLCA's equal-shares rule: pre-dissolution distributions 'must be shared by the members and persons dissociated as members on the basis of the agreed value, as stated in the company's records, of the contributions made by each' — pro rata by contribution (Fla. Stat. § 605.0404(1)). Source: Fla. Stat. § 605.0102(45) · verify ↗.

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Why your Florida LLC needs this — even single-member

It overrides the default rules. Without an agreement, the Florida Revised Limited Liability Company Act decides how profits are split and who can act for the company — not you.
It protects limited liability. A written agreement is core evidence that the LLC is a real, separate entity.
Banks and lenders ask for it. Opening a business account or getting a loan routinely requires it.

Florida law

No — Florida does not require an operating agreement (as of 2026): Not required. Under the Florida Revised LLC Act (ch. 605, effective 2014/2015) the operating agreement is optional; Fla. Stat. § 605.0105 lets it govern, with statutory defaults filling any gaps.. But without one, the default rules of the Florida Revised Limited Liability Company Act decide ownership, management, and profit questions for you — which is why one is strongly recommended even for single-member LLCs. Source: Fla. Stat. § 605.0102(45). Check the current Florida LLC rules before relying on any default.

Frequently asked questions

Is an operating agreement required in Florida?

Does the operating agreement get filed with the state?

No. Unlike the formation certificate (articles of organization), the operating agreement is an internal document — you sign it, keep it with your records, and give each member a copy. Banks, lenders, and courts may ask to see it, but no Florida agency records it.

Can the agreement be oral in Florida?

Florida's statute recognizes: 'which may be oral, implied, in a record, or in any combination thereof' (Fla. Stat. § 605.0102(45)). Even where oral or implied agreements count, put yours in writing — proving an oral term in a dispute between members is exactly the fight the document exists to prevent.

How does Florida compare? See which states actually require an operating agreement, every claim cited to the state LLC act.

How Florida compares

Computed from our 51-jurisdiction dataset (as of 2026). Source for Florida: Fla. Stat. § 605.0102(45) ↗.

Florida is one of 47 of 51 jurisdictions that leave the operating agreement optional (statutory default rules apply without one) (4 require an LLC to have an operating agreement).

The rest of what Florida requires

The figures below are Florida's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Florida page for that document.

Security deposit cap · as of 2026: No statutory limit Fla. Stat. §83.49 ↗
Deposit return deadline · as of 2026: 30 days after move-out Fla. Stat. §83.49 ↗
Notice to end a month-to-month tenancy · as of 2026: 30 days Fla. Stat. §83.57(3) ↗
Notice for unpaid rent · as of 2026: 3 days to pay or quit Fla. Stat. § 83.56; § 83.57 ↗
Notice to cure a lease violation · as of 2026: 7 days Fla. Stat. § 83.56; § 83.57 ↗
Small claims limit · as of 2026: $8,000 Fla. Small Claims Rule 7.010; Fla. Stat. §34.041 ↗
Where you file · as of 2026: Small Claims (county court, proceeding under the Florida Small Claims Rules) · filing fee Graduated: about $55 (under $100) / $80 ($100-$500) / $175 ($500-$2,500) / $300 ($2,500-$8,000) - statutory base $50/$75/$170/$295 under Fla. Stat. §34.041 plus clerk service charges (amounts from the Miami-Dade Clerk schedule; other counties are similar) Fla. Small Claims Rule 7.010; Fla. Stat. §34.041 ↗
Rental application fee · as of July 2026: No statutory limit Florida Senate ↗
Bill of sale notarization · as of 2026: Not required Florida FLHSMV (Form HSMV 82050) ↗
Power of attorney signing · as of 2026: Notarization required · 2 witnesses Fla. Stat. §709.2105 ↗
Recording a deed · as of 2026: Clerk of the Circuit Court (ex officio county recorder, Fla. Stat. § 28.222); in some counties styled Clerk of the Circuit Court and Comptroller · 2 witnesses Fla. Stat. § 689.01 ↗

LLC operating agreement in other states

More Florida legal forms

Different state? See LLC operating agreements by state →