S corporation is a tax status, not a type of corporation. Therefore, the rules governing the formation of an S corporation in Florida are the same as those that apply to any other for-profit corporation.
CT Tip: Although the rules governing formation are the same, it is essential to provide for only one class of stock (although the shares can have different voting rights). Only a corporation with one class of stock can elect to be an S corp.
For information on these general incorporation requirements, see our article: Incorporating in Florida.
Electing S Corporation Status in Florida
Florida honors the federal S corporation election and does not require a separate election at the state level.
Florida Tax Treatment of S Corporations
One of the major advantages of operating as an S corporation is that an S corp is a pass-through entity for federal tax purposes. This means that there is no income tax imposed at the corporate level—income is taxed only on the shareholders returns. Florida follows the federal rules and treats S corporation income as pass-through income.