Florida fictitious name registration costs $50 with the Division of Corporations, and you file it on Sunbiz.org after running a notice in a local newspaper. A fictitious name (Florida’s term for a DBA, or “doing business as”) lets you operate under a name that isn’t your own legal name or your company’s exact registered name. It’s cheap and quick. What it doesn’t do is create a business or protect you from liability, and that’s the part people get wrong.
What counts as a fictitious name?
Any business name that differs from the legal name of the person or entity doing business. Florida Statutes Chapter 865 requires you to register it, so customers can find out who’s actually behind the name.
You need to register if:
- John Smith runs a landscaping business as “Sunshine Lawn Care”
- ABC Holdings LLC sells products under the brand “Florida Fresh Foods”
- Jane Doe, CPA, markets her practice as “Clearwater Accounting Services”
You don’t need to register if John Smith does business simply as “John Smith,” or if Sunshine Lawn Care LLC operates under exactly “Sunshine Lawn Care LLC.” The same goes for a corporation using its exact registered name.
When do you need a Florida fictitious name registration?
Sole proprietors and general partnerships. If you use anything other than your full legal name (or all the partners’ legal names), you need one. That includes adding a descriptive word (“John Smith Plumbing”), using a different name entirely (“Reliable Plumbing Solutions”), or using initials (“J. Smith Services”).
LLCs and corporations. You need one whenever you operate under a name that’s different from the name registered with the Florida Division of Corporations. Usually that’s a new brand or product line, several business concepts run from one company, a rebrand you don’t want to form a new entity for, or a name you want to try out before formally changing it.
There’s one narrow exception: a licensed professional using only their name and profession (Dr. Jane Smith, M.D.) doesn’t need to register.
How to file a fictitious name in Florida
1. Search the name on Sunbiz
Search the Division of Corporations database at sunbiz.org before you pay for anything. The name must be distinguishable from existing fictitious names, can’t suggest you’re a different kind of entity (no “Inc.” if you aren’t incorporated), and can’t use restricted words without the right license.
Registration doesn’t give you trademark rights. Another business could still use a similar name in a different context. If the brand matters to you, look at federal trademark registration too.
2. Run the newspaper notice
Florida requires you to advertise your intent to register the name in a newspaper of general circulation in the county where your principal place of business is. It has to run at least once and include the fictitious name and the owner’s information.
Call a local paper that handles legal notices, give them the name and owner details, and pay the publication fee. That’s usually $30 to $100 depending on the paper. Get proof of publication and keep it with your records. Online legal notice services can place the ad for you if you’d rather not call around.
We’d place the notice first and file second, so you can truthfully confirm on the application that it’s been published.
3. File with the Division of Corporations
You can file online at sunbiz.org or by mail. Online is faster, and we’d use it. Select “Fictitious Name Registration,” fill in the form, pay the $50 fee, and you get confirmation right away. The fee is the same either way.
The form asks for:
- The fictitious name you’re registering
- Your mailing address
- Your principal place of business in Florida
- Your FEI/EIN number, if you have one
- Owner details: full legal name and address for an individual, or the entity’s name and Sunbiz document number for an LLC or corporation
4. Save your confirmation
Online filings are processed immediately, and the registration becomes public record on sunbiz.org. Keep the confirmation with your proof of publication.
What does it cost?
| Expense | Cost |
|---|---|
| State filing fee | $50 |
| Newspaper publication | $30-$100 |
| Certified copy (optional) | $30 |
| Total | $80-$180 |
How long does a fictitious name last?
A Florida fictitious name registration is good for five years. It expires on December 31 of the fifth year, and renewal costs $50. You don’t have to run a new newspaper notice to renew.
You can renew online by searching your name on sunbiz.org and selecting “Renew,” or by mailing the renewal form with the $50 fee. Let it lapse and the registration expires, and you’re back to filing a new one, newspaper notice and all.
Is a DBA the same as an LLC?
No. A fictitious name is a registered alias. It doesn’t create a legal entity, and if you’re a sole proprietor using one, your personal assets are still exposed to the business’s debts and lawsuits.
| Feature | Fictitious name (DBA) | LLC |
|---|---|---|
| Creates a legal entity | No | Yes |
| Liability protection | No | Yes |
| Business bank account | Sometimes (varies by bank) | Yes |
| State filing fee | $50 | $125 |
| Ongoing state filing | $50 renewal every five years | $138.75 annual report |
If you’re running a business on your own with real customers, contracts or employees, we’d form an LLC. It costs $125 in Florida and gives you the protection a DBA can’t. Our Florida DBA vs LLC guide goes through the comparison in detail.
Using the name once it’s registered
Banking. Most banks will open a business account with a fictitious name registration. Bring the registration, a government-issued ID, your EIN if you have one, and anything else your bank asks for. Some banks only open business accounts for LLCs and corporations, so call first.
Payments. You can accept checks made out to the fictitious name, endorse them with your legal name, and deposit them into the business account.
Contracts. Sign as “[Your Legal Name] d/b/a [Fictitious Name].” That makes it clear you’re personally responsible, since the DBA isn’t a separate entity.
Marketing. Put the name on your cards, website, ads, signs and invoices.
Can one business have several fictitious names?
Yes. One person or entity can register as many as it needs, but each one is its own $50 filing, its own newspaper notice and its own renewal.
This is where DBAs earn their keep for LLC owners. One LLC can run several brands, keep a single set of books and keep the same liability protection and bank account. “Florida Business Services LLC” could register “QuickBooks Pro Consulting,” “Small Business Tax Help” and “Startup Formation Services” without forming three new companies.
Canceling or transferring a fictitious name
To cancel, file a Fictitious Name Cancellation form with the Division of Corporations and pay the $50 filing fee. It takes effect immediately.
You can’t hand a fictitious name directly to someone else. The current owner cancels the registration, and the new owner files a new one.
Mistakes that cause trouble later
Skipping the newspaper notice. It’s a legal requirement, and skipping it can invalidate your registration.
Treating registration as name protection. It doesn’t stop anyone else from using a similar name. Only a trademark does that.
Thinking a DBA protects you. As a sole proprietor, you’re personally liable whether or not you’ve registered a name.
Forgetting to update it. If you move or the ownership changes, update the registration.
Fictitious name or trademark?
| Feature | Fictitious name | Trademark |
|---|---|---|
| Where it applies | State registration only | Federal protection nationwide |
| Stops others using the name | No | Yes (in your industry) |
| Requires ongoing use | Yes (renewal) | Yes (must be used in commerce) |
| Cost | $50 per five-year registration | $250-$350 per class (federal) |
| Legal enforceability | Minimal | Strong |
If the name is the brand you’re building, register it as a federal trademark with the USPTO as well as filing the Florida fictitious name.
What’s the next step?
If you already have an LLC and want a second brand, the fictitious name is all you need: run the notice, file on Sunbiz, done. If you’re a sole proprietor about to start taking on clients under a business name, form the LLC first and register the DBA under it later if you still need one.
IncCraft can help you work out whether you need a fictitious name, an LLC, or both. We handle LLC formation, registered agent service and ongoing compliance.
Get started with your Florida business today.