Here is a comprehensive guide to starting a business at a farmer’s market in Florida, including some important decisions you’ll have to make about the legal structure of your business and using a fictitious name. None of this information is considered legal or business advice, so always consult with an attorney to ensure you operate legally.
Business Model and Market Research
Decide what you will be selling and how you will source or produce your goods.
Research different farmers’ markets in your area, including their requirements, fees, customer demographics, and existing vendors.
Legal Structure of Your Business
You need to decide if your business will be a Sole Proprietorship or a Limited Liability Company (LLC).
Sole Proprietorship: This is the simplest structure. As a sole proprietor, you are the business, and you are personally liable for the business’s debts. It is easier to set up and manage, with fewer forms to fill out and no state filing fees. However, it doesn’t provide any personal liability protection.
Limited Liability Company (LLC): An LLC is a separate legal entity that provides personal liability protection to its owners. This means your personal assets are protected if the business incurs debt or is sued. Forming an LLC is more complex and has a state filing fee, but it might be worth it for the liability protection and potential tax advantages.
Register Your Business
If you decide to form an LLC, you will need to register it with the Florida Department of State Division of Corporations.
If you choose to operate as a sole proprietorship, you won’t need to register the business with the state. However, if you’re planning to use a business name that is different from your legal name, you will need to register a fictitious name.
Fictitious Name
A fictitious name (also known as a DBA, or “Doing Business As”) is a business name that is different from your personal name, the names of your partners, or the officially registered name of your LLC or corporation.
To register a fictitious name in Florida, you’ll need to make sure the name is available and then register it with the Florida Department of State Division of Corporations. There is a filing fee.
Get an EIN and Register for Sales Tax
An Employer Identification Number (EIN) is a number assigned by the IRS. Even if you don’t have employees, you’ll probably need an EIN for tax purposes. You can apply for an EIN for free on the IRS website.
You’ll also need to register for a Florida Sales and Use Tax account through the Florida Department of Revenue to collect sales tax.
Obtain Necessary Licenses and Permits
If selling food, apply for a food permit from the Florida Department of Agriculture and Consumer Services (FDACS).
Check with your local county and city to see if you need any additional local business licenses or permits.
Secure a Spot at a Farmers Market
Contact the organizers of the farmer’s market where you want to sell your products. They will tell you about their rules, fees, and how to apply.
Plan for Branding and Marketing
Design a logo, decide on packaging, and think about how you will display your products at the market.
Plan how you will promote your products, such as using social media, flyers, or word of mouth.
Gather Your Equipment and Supplies
Depending on what you’re selling, you may need a tent, tables, chairs, coolers, display cases, or other equipment.
Checklist for Starting a Farmer’s Market Business in Florida
1. Define your business model and conduct market research.
2. Choose your legal business structure (Sole Proprietorship vs. LLC).
3. Register your business with the Florida Department of State Division of Corporations, if required.
4. Register your fictitious name (DBA), if applicable.
5. Obtain an Employer Identification Number (EIN) from the IRS.
6. Register for a Florida Sales and Use Tax account with the Florida Department of Revenue.
7. Apply for a food permit from the Florida Department of Agriculture and Consumer Services (FDACS), if required.
8. Check for additional local business licenses or permits and apply as necessary:
Palm Coast Business Tax Receipt
Flagler County Business Tax Receipt
9. Secure a spot at a local farmer’s market.
10. Plan for branding and marketing.
11. Purchase necessary equipment and supplies.
