How to Start a Home Health Agency in Florida
How to Start a Home Health Agency in Florida
If you want to start a home health care business in Florida, the license that matters most is the home health agency license issued by the Agency for Health Care Administration (AHCA). It is governed by Part III of Chapter 400 of the Florida Statutes, and the licensing provision is s. 400.471. Florida does not issue a general statewide business license, so the AHCA license, and the business paperwork that comes before it, is the core of the job. This guide covers the steps, the costs, and the points you need to confirm directly with the agency.
Decide between a home health agency license and a nurse registry license
Florida has two licensing models that people often confuse. Choose one before you file anything.
- Home health agency license. Your agency employs or directly oversees the clinicians and aides who deliver care. This is the standard route, and it requires AHCA licensure under s. 400.471.
- Nurse registry license. A nurse registry refers nurses to clients who hire them. The nurses work as independent contractors rather than as your employees. It can be the alternative if you do not want to carry payroll for clinical staff, but the registry model has its own rules and limits, so confirm its scope with AHCA before you commit.
The two models have different staffing, insurance, and compliance obligations. Switching later usually means redoing much of the paperwork.
Materials you will need
Assemble these before you start the application. Several of them, especially the accreditation and insurance pieces, take weeks rather than days.
- A Florida business entity filed with the Division of Corporations (Sunbiz), usually an LLC or a corporation
- A Florida street address for your office (no P.O. box) and a registered agent with a Florida street address
- An administrator and a director of nursing
- A written business plan with 2-year financial projections showing sufficient assets and capital
- Malpractice and liability insurance of $250,000 per claim
- An accreditation plan with an AHCA-recognized accreditor, if your agency will provide skilled care
- Written policies, personnel files, and a background screening plan for owners, administrators, and staff (confirm the requirements with AHCA)
- A federal Employer Identification Number (EIN) from the IRS
- A local Business Tax Receipt, where your city or county requires one
- Funds for the state filing fees and the AHCA license fee
What it will cost
The Sunbiz figures below are confirmed. The AHCA license fee and the local figures are not settled numbers in this guide, so verify them with the agency or local office before you budget.
| Item | Amount | Notes |
|---|---|---|
| LLC Articles of Organization | $100 | Filed through Sunbiz. No expedited service. With the $25 registered agent designation, $125 total. |
| Corporation Articles of Incorporation | $35 | Florida profit corporation. With the $35 registered agent designation, $70 total. |
| Name reservation (optional) | $25 | Holds the name for 120 days |
| Registered agent designation | $25 for an LLC, $35 for a corporation | Changing the agent later costs the same amount |
| LLC annual report | $138.75 | Due January 1 to May 1. A $400 late fee applies after May 1 (total $538.75). |
| Corporation profit annual report | $150 | Due January 1 to May 1. A $400 late fee applies after May 1 (total $550). |
| AHCA biennial license fee | Set by rule, capped at $2,000 by statute | Confirm the current figure with AHCA |
| Local Business Tax Receipt | Varies by jurisdiction | Not every county or city levies one. Confirm locally. |
| Fictitious name (DBA), if used | $50 to register, $50 to renew | Registration is valid for 5 years |
| Malpractice and liability insurance | Quoted by carrier | Required coverage is $250,000 per claim |
Step 1: Form your business entity with Sunbiz
AHCA licenses a legal entity, so form that entity first. Most operators choose an LLC. File Articles of Organization through Sunbiz eFile. The name must end in Limited Liability Company, LLC, or L.L.C., and it must be distinguishable on the state records. Do not assume the name is approved until you receive a filing acknowledgment.
Florida does not offer expedited filing. If you need speed, walk-in service is available at 2415 N. Monroe Street, Suite 810, Tallahassee, Monday to Friday 8am to 5pm, where most requests are completed while you wait. Corporations file Articles of Incorporation for a Florida Profit Corporation instead, at $70.
Step 2: Register your tax accounts
Get a federal EIN from the IRS. Florida has no personal income tax. An LLC classified as a partnership or disregarded entity generally does not file a Florida corporate income tax return. A Florida Partnership Information Return is still required if one or more owners is a corporation, and any corporate owner must file its own return. An LLC classified as a corporation for federal tax purposes pays Florida's 5.5% corporate income and franchise tax on net income for tax years beginning on or after January 1, 2022.
If any part of your business sells taxable goods or services, register as a sales and use tax dealer with the Florida Department of Revenue before you begin. The state sales tax rate is 6%. Ask your CPA which of your revenue streams, if any, are taxable.
Step 3: Confirm local requirements
Florida issues no general state business license. Many cities and counties require a local Business Tax Receipt for the address where you operate, but not every jurisdiction levies one. The receipt is a tax under Chapter 205, not a competency license, so it does not prove that your agency is qualified to provide care. Also confirm zoning for your office address with the local planning office. A home office may raise zoning questions that a commercial suite does not.
Step 4: Hire your administrator and director of nursing
AHCA requires both an administrator and a director of nursing. Confirm the qualifications for each role with AHCA before you make offers, including whether the director of nursing must hold a current Florida nursing license and what experience the rules require. Both individuals will be part of your background screening. Write down each role's duties now, because the same descriptions will support your application and your operating policies.
Step 5: Build 2-year financial projections
AHCA requires 2-year financial projections showing that your agency has sufficient assets and capital to operate. This guide does not state a dollar threshold, so do not treat any single number as the target. Build monthly projections for 24 months that cover payroll, payroll taxes, insurance, rent, software, supplies, billing, and a realistic collection period for payer reimbursement. Include a cash reserve for the months before collections catch up. Have a CPA review the model, because reviewers will test whether your assumptions hold.
Step 6: Secure malpractice and liability insurance
Carry malpractice and liability insurance of $250,000 per claim. Get quotes from carriers that write home health coverage, and ask three specific questions: whether the limit applies per claim or in aggregate, whether contract clinicians are covered, and whether the policy names the agency as the insured. Keep the certificate of insurance ready for the application. Coverage gaps found late in the process can delay your filing.
Step 7: Plan accreditation before you apply
If your agency will provide skilled care, you must submit proof of accreditation from an AHCA-recognized accreditor within 120 days of applying. The accreditation must be full, not conditional or provisional. This is a condition of state licensure, not only a Medicare requirement, so it applies even if you never plan to bill Medicare. Confirm the current list of recognized accreditors with AHCA.
Start the accreditation process early. The 120-day window is the limit you must meet, and the accreditor's survey schedule is outside your control.
Step 8: Submit the AHCA application and pay the fees
Apply to AHCA under Part III of Chapter 400, s. 400.471. Your package will typically include your entity documents, leadership information, financial projections, insurance proof, accreditation status, core policies, and the license fee. The biennial license fee is set by AHCA rule and capped at $2,000 by statute. Confirm the current figure with AHCA before you budget for it.
Ask AHCA for its current processing timeline when you apply, and plan your hiring and lease dates around that answer, not around a guess. Do not admit clients or bill for services until the license is issued.
Step 9: Build operations to match your application
Have written clinical policies, a patient record system, patient rights documentation, staff training records, and a complaint process ready before the agency opens. AHCA reviews licensed agencies through surveys, so your files must match what you described in the application. A gap between the paperwork and daily operations is one of the more common problems for new agencies.
Step 10: Calendar your ongoing obligations
Licensure is not a one-time event. Put these dates on your calendar:
- AHCA license renewal, which is biennial. Confirm the renewal fee and process with AHCA.
- Sunbiz annual report, filed each year between January 1 and May 1
- Your insurance renewal date, with the $250,000 per claim coverage kept in force
- DBA renewal, if you use a fictitious name. Renewal is filed between July 1 and December 31 of the expiration year.
An LLC that does not file its annual report by the third Friday in September faces administrative dissolution. Filing after May 1 adds a $400 late fee.
Common mistakes to avoid
- Treating the Sunbiz filing as the license. A filed LLC is not an AHCA license. You still need the agency license.
- Assuming accreditation is only for Medicare. For skilled care, accreditation is a condition of state licensure.
- Using a P.O. box for the registered agent or office. Florida requires a physical street address.
- Trusting an unapproved name. Wait for the filing acknowledgment before you print signage or sign leases.
- Thin financial projections. A two-year model that only covers the first few months will not show sufficient capital.
- Buying insurance at the last minute. Confirm the $250,000 per claim coverage and certificate before you submit.
- Skipping the local Business Tax Receipt check. Your city or county may require one, even though the state does not.
- Mixing up the two models. A nurse registry and an agency have different staffing and compliance rules.
- Missing the annual report deadline. The May 1 deadline and the third Friday in September dissolution rule are both strict.
Tips that save time
- Call AHCA and the Florida SBDC Network early. The Florida SBDC Network offers free business advising that can help you check your plan before you file.
- Build a single master folder with every document you will need for AHCA, the insurer, and your accreditor. Reuse the same leadership and policy language across all three so the records match.
- Ask each agency you contact to confirm current fees and timelines in writing.
- Keep a dated log of every filing, payment, and call. It will help if a reviewer asks about the order of events.
What to expect
A complete, well-organized application may help you move through licensing with fewer requests for correction. Results depend on how complete your filings are, how your accreditation timing lines up, your staffing, and your insurance. Nothing in this guide promises an approval date, an approval, or a particular level of business after you open. Plan for the schedule to take longer than you expect, and keep enough reserve to get through it.
Next steps
Start with Step 1 and the Sunbiz filing, then move to accreditation and insurance, since those take the longest to arrange. Confirm the AHCA fee, processing timeline, and leadership qualifications directly with the agency before you commit to a lease or payroll.
This article is informational only. It is not legal, tax, or healthcare regulatory advice, and it does not replace guidance from the agencies named above. Because a home health agency involves licensure, employment, insurance, and tax decisions, consult a qualified Florida attorney, a CPA, and a healthcare regulatory professional before you file or hire.
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