Why the $400 late fee exists
Every active Florida LLC and profit corporation has to file an annual report each year to keep its information current with the Division of Corporations. The LLC annual report requirement is set in Florida Statutes section 605.0212, which says the report is due between January 1 and May 1. The report is not a tax return, it simply confirms your addresses, registered agent, and management on file.
The $400 late fee is the state's penalty for filing after the May 1 deadline. It is a flat charge, published by the Division of Corporations, that applies on top of the normal annual report fee. The point is to push filers to meet the deadline. It is not prorated by how late you are, so filing on May 2 costs the same $400 as filing in August.
When the late fee kicks in
The late fee applies to any annual report filed after May 1. There is no grace period. File by May 1 and you pay only the report fee. File on or after May 2 and the $400 is added automatically at checkout. The fee does not grow over the summer, but the risk does, because the clock is also running toward administrative dissolution in late September.
Can the $400 late fee be waived?
The one thing worth knowing: the $400 late fee does not apply to most nonprofit corporations, which have a different fee structure. For standard LLCs and for-profit corporations, plan on paying it if you are past May 1.
Total cost after the deadline
| Filed after May 1 | LLC | Profit corporation |
|---|---|---|
| Annual report fee | $138.75 | $150.00 |
| Late fee | $400.00 | $400.00 |
| Total to file late | $538.75 | $550.00 |
These are state fees paid directly to the Division of Corporations. Fee amounts are set and published by the state. If you use a filing service, its fee is separate and on top of these.
What happens if you just do not pay
Ignoring the annual report does not make it go away, it escalates. An entity that has not filed keeps accruing the same $400 late fee obligation, and an LLC that has failed to file may not maintain or defend a lawsuit in Florida until it does. If the report still is not filed by late September, the state administratively dissolves the entity on the fourth Friday of September, which is September 25 in 2026.
After dissolution, the fix is no longer a simple late report, it is a reinstatement. That path drops the $400, because section 607.193(2)(b) excepts entities that were administratively dissolved for failure to file and then applied for reinstatement and paid the reinstatement fee. The Division lists an LLC minimum amount due of $238.75 to reinstate in the same calendar year. What waiting actually costs you is not the fee. It is the one-year clock on your company name under section 605.0715, your certificate of status, and your ability to maintain or defend an action under section 605.0212(6).
The timeline at a glance
- January 1 The annual report window opens on Sunbiz.
- May 1 Filing deadline. File by this date and you pay only the report fee.
- May 2 onward The $400 late fee is added to every report.
- September 18, 2026, 5:00 p.m. ET Statutory delivery deadline under s. 605.0714(1)(a), and the last day to pay by check.
- September 25, 2026 Entities that still have not filed are administratively dissolved at the close of business, and the path becomes reinstatement.
The fastest way to get filed
We confirm your details, complete the annual report, pay the state fees on your behalf, including the $400 late fee if you are past May 1, and send you the confirmation, usually the same or next business day. You can also file directly with the Florida Division of Corporations if you prefer to handle the form yourself.
Rather hand it off?
We confirm your details, file the report, pay the state fees on your behalf, and send you the confirmation. Our service fee is $129 through September 11, 2026 and $249 on and after September 12, 2026, when the statutory cutoff requires same-day handling. State fees, including the $400 late fee, are separate and itemized at checkout.
We file it for you: $129 + state fees Or check your entity's status free