How to File a Fictitious Name in Florida (DBA Guide)

A fictitious name registration—commonly called a DBA (Doing Business As)—allows Florida businesses to operate under a name different from their legal entity name. Whether you’re a sole proprietor wanting a professional business name or an LLC launching a new brand, filing a fictitious name in Florida is straightforward and inexpensive.

This guide covers everything you need to know about Florida fictitious names, including when you need one, how to file, costs, and ongoing requirements.

What Is a Fictitious Name in Florida?

A fictitious name is any business name that differs from the legal name of the person or entity conducting business. Florida Statutes Chapter 865 requires registration of fictitious names to protect consumers and establish transparency in business dealings.

Examples requiring fictitious name registration:

• John Smith operates a landscaping business as “Sunshine Lawn Care” (sole proprietor using a business name)
• ABC Holdings LLC sells products under the brand “Florida Fresh Foods” (LLC using a different trade name)
• Jane Doe, CPA, markets her services as “Clearwater Accounting Services” (professional using a trade name)

Examples NOT requiring fictitious name registration:

• John Smith conducts business simply as “John Smith” (using legal name only)
• Sunshine Lawn Care LLC operates as “Sunshine Lawn Care LLC” (using exact LLC name)
• A corporation using its exact corporate name as registered with the state

When Do You Need a Fictitious Name?

Sole Proprietors and General Partnerships

If you operate as a sole proprietor or general partnership and use any name other than your full legal name (or all partners’ legal names), you must register a fictitious name.

This applies if you:

• Add descriptive words (John Smith Plumbing)
• Use a completely different name (Reliable Plumbing Solutions)
• Use initials or abbreviations (J. Smith Services)

LLCs and Corporations

Formal business entities need fictitious name registration when operating under a name different from their registered legal name with the Florida Division of Corporations.

Common reasons entities file DBAs:

• Launching a new product line or brand
• Operating multiple business concepts under one entity
• Rebranding without forming a new entity
• Testing a new business name before formally changing

Exceptions

You don’t need a fictitious name if:

• You use your exact legal name (individuals) or registered entity name (LLCs/corporations)
• You’re a licensed professional using only your name and profession (Dr. Jane Smith, M.D.)

How to File a Fictitious Name in Florida

Step 1: Check Name Availability

Before filing, verify your desired name isn’t already registered. Search the Florida Division of Corporations database at sunbiz.org.

Name requirements:

• Must be distinguishable from existing fictitious names
• Cannot imply you’re a different type of entity (using “Inc.” when you’re not incorporated)
• Cannot include restricted words without proper licensing

Note: Fictitious name registration does NOT provide trademark protection. Another business could potentially use a similar name in a different context. Consider federal trademark registration for stronger brand protection.

Step 2: Publish a Notice (Required Before Filing)

Florida law requires you to publish a notice of your intent to register a fictitious name in a newspaper in the county where your principal place of business is located.

Publication requirements:

• Must appear in a newspaper of general circulation in your county
• Must run at least once
• Must include the fictitious name and owner information
• Must be published before or within 30 days after filing with the state

How to publish:

1. Contact a local newspaper that handles legal notices
2. Provide your fictitious name and business owner information
3. Pay the publication fee ($30-$100 depending on the newspaper)
4. Obtain proof of publication (you’ll need this for your records)

Many online legal notice services can handle this for you at competitive rates.

Step 3: File with the Florida Division of Corporations

File your fictitious name registration online through sunbiz.org or by mail.

Online filing (recommended):

1. Go to sunbiz.org
2. Select “Fictitious Name Registration”
3. Complete the registration form
4. Pay the filing fee ($50)
5. Receive confirmation immediately

Required information:

• The fictitious name you want to register
• Your mailing address
• Your principal place of business address in Florida
• FEI/EIN number (if applicable)
• Owner information:
• For individuals: Full legal name and address
• For entities: Entity name and document number (from Sunbiz)

Filing fee: $50 (online or mail)

Step 4: Receive Your Registration

Online filings are processed immediately, and you’ll receive a confirmation. Your fictitious name registration is now public record on sunbiz.org.

Keep your registration confirmation and proof of publication in your business records.

Florida Fictitious Name Costs

This makes fictitious name registration one of the most affordable business filings in Florida.

Fictitious Name vs. LLC: Understanding the Difference

A common misconception is that registering a fictitious name creates a business entity. It does not.

Key insight: A fictitious name is simply a registered alias. If you’re operating as a sole proprietor with a DBA, you still have no liability protection—your personal assets are exposed to business debts and lawsuits.

For most businesses, forming an LLC provides far more protection and benefits than operating as a sole proprietor with a fictitious name.

Renewal Requirements

Florida fictitious name registrations expire December 31 of each year and must be renewed annually.

Renewal Process

1. File renewal before December 31
2. Pay the $50 renewal fee
3. No new publication required for renewals

Renewal Methods

Online (recommended):

• Go to sunbiz.org
• Search for your fictitious name
• Select “Renew” and complete the process
• Receive immediate confirmation

By mail:

• Download the renewal form from sunbiz.org
• Submit with $50 fee

What Happens If You Don’t Renew?

If you fail to renew by December 31:

• Your registration expires
• The name becomes available for others to register
• You’ll need to file a new registration (including new publication)

Using Your Fictitious Name

Once registered, you can:

Open a Business Bank Account

Most banks accept fictitious name registrations for opening business accounts. Bring:

• Your fictitious name registration certificate
• Government-issued ID
• EIN (if applicable)
• Any other documents the bank requires

Note: Some banks only open accounts for formal entities (LLCs, corporations). Check with your bank first.

Accept Payments

You can accept checks and payments made out to your fictitious name. Endorse them with your legal name and deposit to your business account.

Sign Contracts

When signing contracts, use the format: “[Your Legal Name] d/b/a [Fictitious Name]”

This clarifies that you’re personally responsible (since a DBA doesn’t create a separate entity).

Advertising and Marketing

Use your fictitious name on:

• Business cards
• Websites
• Advertising
• Signage
• Invoices

Multiple Fictitious Names

You can register multiple fictitious names under one owner or entity. Each requires:

• Separate registration ($50 each)
• Separate publication
• Separate annual renewal

This is useful for businesses operating multiple brands or concepts.

Transferring or Canceling a Fictitious Name

Cancellation

To cancel a fictitious name registration:

1. File a Fictitious Name Cancellation form with the Division of Corporations
2. Pay the $50 filing fee
3. The cancellation takes effect immediately

Transfer

You cannot directly transfer a fictitious name to another owner. Instead:

1. The current owner cancels the registration
2. The new owner files a new registration

Fictitious Names for LLCs

Many LLC owners file fictitious names to:

Operate multiple brands: One LLC can run several business lines under different DBAs, keeping accounting and legal structure simple.

Test new concepts: Try a new business name without forming a separate entity.

Simplify branding: Use a shorter or catchier name than your formal LLC name.

Example: “Florida Business Services LLC” might register fictitious names for:

• “QuickBooks Pro Consulting”
• “Small Business Tax Help”
• “Startup Formation Services”

Each brand operates under the same LLC, with the same liability protection and bank account.

Common Mistakes to Avoid

1. Skipping publication: The newspaper notice is legally required. Some businesses skip it, which can invalidate your registration.

1. Assuming name protection: Fictitious name registration doesn’t prevent others from using similar names. Consider trademark registration for stronger protection.

1. Confusing DBA with LLC: A fictitious name doesn’t provide liability protection. You’re still personally liable as a sole proprietor.

1. Forgetting renewal: Set a calendar reminder for November to renew before December 31.

1. Not updating records: If you move or change ownership, update your registration.

Fictitious Name vs. Trademark

For serious brand protection, register your business name as a federal trademark with the USPTO, in addition to your Florida fictitious name.

When to Form an LLC Instead

Consider forming an LLC instead of (or in addition to) a fictitious name if:

• You want personal liability protection
• You’re taking on business risk (contracts, employees, customers)
• You want to build business credit separately from personal credit
• You plan to grow the business
• You want maximum credibility with customers and vendors

An LLC costs only $125 to form in Florida and provides far more protection than a simple DBA.

File Your Fictitious Name Today

Registering a fictitious name in Florida is quick, affordable, and gives your business a professional identity. Remember that it doesn’t provide liability protection—for that, you’ll need to form an LLC or corporation.

IncCraft can help you determine whether a fictitious name, LLC, or both is right for your situation. We handle LLC formation, registered agent service, and ongoing compliance so you can focus on running your business.

Get started with your Florida business today.