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Trademarks · Florida · § 865.09

Florida Fictitious Name (DBA) Registration

If your business operates in Florida under any name other than its exact legal name, Florida law requires you to register that name with the Division of Corporations before you use it. Registration is quick and costs $50. It does not, however, protect your name as a brand. We handle the filing and check whether the name is safe to build a business on.

$50State fee to register a fictitious name§ 865.09(12)(a)1
5 yearsTerm, ending December 31 of the fifth calendar year§ 865.09(5)1
1 adNewspaper notice required in the county of your principal place of business§ 865.09(3)(a)51
0Exclusive rights the registration gives you in the name§ 865.09(8)1
What it is

A name you do business under that is not your legal name

Under Florida's Fictitious Name Act, a fictitious name is any name used to transact business in Florida other than the legal name of the person or entity behind it. A sole proprietor named Maria López who opens "Biscayne Bay Bakery" uses a fictitious name. So does Sunrise Holdings, LLC when it runs a restaurant called "Calle Ocho Kitchen."

A person may not do business under a fictitious name without first registering it with the Division of Corporations. The registration tells the public who actually owns the business, so customers, suppliers, and courts can find the person responsible.

Who must register, and who need not

  • Must register: sole proprietors and general partnerships using any name other than the owners' legal names
  • Must register: an LLC or corporation using a brand name that differs in any way from its exact registered name
  • Exempt: an active LLC, corporation, or partnership doing business under its exact registered name
  • Exempt: a Florida-licensed attorney, or a professional licensed by DBPR or the Department of Health, practicing under the licensed name

§ 865.09(3), (7). The exemptions end the moment the business uses a different name.

A fictitious name registration does not protect your name

Florida law is explicit: registration is "for public notice only." It creates no presumption of ownership, does not override anyone's earlier trademark rights, and gives you no exclusive right to the name. Another business can register the same or a similar fictitious name, and an earlier trademark owner can still force you to stop using yours.

Registration "does not reserve a fictitious name against future use." — § 865.09(8), Fla. Stat.

To protect a name as a brand, you need a trademark: a Florida registration under Chapter 495, a federal registration with the USPTO, or both. A clearance search before you register the DBA tells you whether the name is safe to use.

The statute

Florida's Fictitious Name Act, § 865.09, section by section

The whole act fits in a single statute. These are its working parts, with the provisions that matter most to business owners highlighted.

§ 865.09(1)–(2)Title and definitions

A fictitious name is any name used to transact business in Florida "other than the person's legal name." Business includes selling goods and rendering services for compensation.

§ 865.09(3)Register before doing business

File the name, mailing address, each owner's name and address, and, for entities, the Florida document number and federal EIN. Certify that the intent to register was advertised.

§ 865.09(3)(a)5Newspaper advertisement

At least one notice of intent to register in a newspaper in the county where the business has its principal place of business.

§ 865.09(4)Cancellation and transfer

File a cancellation within 30 days after you stop using the name. A buyer of the business can reregister the name at the same time.

§ 865.09(5)–(6)Term and renewal

Valid through December 31 of the fifth calendar year. Renew any time during the expiration year. The Division sends notice by September 1; not receiving it is no excuse.

§ 865.09(7)Exemptions

Licensed attorneys and professionals, and active registered entities, using their exact licensed or registered names.

§ 865.09(8)No rights in the name

Registration is for public notice only and "does not reserve a fictitious name against future use." Earlier trademark and trade name rights are unaffected.

§ 865.09(9)Penalties

An unregistered business cannot bring a lawsuit in Florida until it complies, may owe the other side's attorney's fees and costs, and commits a noncriminal violation punishable by a fine of up to $500.

§ 865.09(12)Fees

$50 to register, renew, or cancel; $30 for a certified copy; $10 for a certificate of status. All nonrefundable.

§ 865.09(14)Prohibited words

No "Inc.," "Corp.," "LLC," "LP," "LLP," "P.A.," or "PLLC" unless the business actually has that legal form.

§ 865.09(15)Entity designators optional

An entity's fictitious name does not need to include "LLC," "Inc.," or similar designations.

§ 865.09(10)–(11), (13)Administration

The Division prescribes the forms and administers the act; fees go to the state General Revenue Fund.

How the five-year term runs

Year 1Registration date, any day of the year. The year counts in full.
Year 2Active
Year 3Active
Year 4Active
Year 5Renew Jan. 1–Dec. 31. Notice by Sept. 1. Expires Dec. 31.

A name registered in November 2026 expires December 31, 2030, the same date as one registered in January 2026. § 865.09(5)–(6).

The process

Registering a fictitious name in four steps

  1. Search the nameCheck Sunbiz for existing fictitious and entity names, and run a trademark search before you commit to the name.
  2. AdvertisePublish a notice of intent to register at least once in a qualifying newspaper in your county. Keep proof of publication.
  3. File with the DivisionFile online through Sunbiz, certify the advertisement, and pay $50.
  4. Renew or cancelRenew in the fifth year for $50, or cancel within 30 days of stopping use.
State feeAmount
Registration$50
Renewal (every 5 years)$50
Cancellation, or cancellation with reregistration$50
Certified copy of registration$30
Certificate of status$10
Newspaper noticeSet by the newspaper; varies by countyVaries

DBA, LLC name, or trademark?

  • Fictitious name: tells the public who owns a business using a trade name. $50, no rights in the name.
  • LLC or corporate name: the entity's legal name on state records. Blocks another entity with the same name, but not a business using it as a brand.
  • Florida trademark: enforceable rights in Florida under Chapter 495. $87.50 per class.
  • Federal trademark: nationwide rights and the ® symbol. $350 per class.
Firm fees. [Flat fee for fictitious name filing, and a DBA-plus-trademark package if offered, to be inserted once approved.]
Why register

Top five reasons Florida businesses need to file a DBA

A fictitious name registration costs $50 and takes minutes to file online. These are the reasons it is worth doing before you open the doors.

1

It is required before you do business

Florida law prohibits doing business under a fictitious name until it is registered. Operating without one is a noncriminal violation, and every day of unregistered business adds to the record that can be used against you later.

The law

"A person may not engage in business under a fictitious name unless the person first registers the name."

§ 865.09(3)(a); § 865.09(9)(c)
2

You cannot sue in Florida without it

An unregistered business cannot bring a lawsuit in a Florida court until it registers, whether to collect an unpaid invoice, enforce a contract, or stop a competitor. Its successors and buyers inherit the same bar, and the other side can recover the attorney's fees and costs the delay causes.

The law

No action may be maintained in any Florida court until the business complies; the aggrieved party may recover reasonable attorney's fees and costs.

§ 865.09(9)(a)–(b)
3

Banks and payment processors ask for it

To open an account, accept checks, or set up card processing in your business name, banks and payment providers typically ask for proof of the fictitious name registration. Without it, customer payments made out to your trade name can be hard to deposit.

In practice

Keep a certified copy of the registration ($30) with your account-opening documents and vendor applications.

§ 865.09(12)(d)
4

It lets one company run several brands

An LLC or corporation is exempt only while it uses its exact registered name. To run a second restaurant, a product line, or a service under a different name, register a fictitious name for each brand instead of forming a new entity.

The law

The entity exemption does not apply when the business name differs from the registered name. Entity designators like "LLC" are optional in the DBA.

§ 865.09(7), (15)
5

It builds trust and supports your contracts

Registration puts the owner's identity on the public record, which customers, landlords, suppliers, and licensing agencies rely on. Contracts signed under an unregistered name remain valid, but a registered name avoids disputes over who the contracting party is.

The law

Registration is "for public notice"; noncompliance does not void contracts, but exposes the business to fees and costs.

§ 865.09(8), (9)(b)

None of these reasons includes protecting the name. For that, see Florida State Trademarks and Federal Trademark Applications.

Questions

Frequently asked questions

Does registering a fictitious name protect my business name?

No. Florida law says registration is for public notice only and does not reserve the name against future use. Another business can use the same name, and an earlier trademark owner can stop you from using yours. A trademark registration is what protects a brand.

My LLC is registered with Sunbiz. Do I also need a DBA?

Only if you do business under a name that differs from the LLC's exact registered name. "Sunrise Holdings, LLC" operating as "Calle Ocho Kitchen" needs a fictitious name registration.

Do I really need to put an ad in the newspaper?

Yes. The statute requires at least one notice of intent to register in a newspaper in the county of your principal place of business, and you must certify that you published it when you file.

How long does a registration last?

Until December 31 of the fifth calendar year, counting the year of registration as the first. Renew for $50 at any time during that fifth year.

What happens if I do not register?

You cannot bring a lawsuit in Florida until you register, you may owe the other side's attorney's fees and costs, and you commit a noncriminal violation. Your contracts remain valid.

Can two businesses register the same fictitious name?

The Division can accept registrations for identical or similar names, because a fictitious name registration grants no exclusive rights. That is why a trademark search before you commit to a name matters.

What if I sell the business or stop using the name?

File a cancellation within 30 days of stopping use. If you sell the business, the buyer can reregister the name in the same filing.

Name it, then protect it

Register your fictitious name, and check whether the name is safe to use as a brand

Tell us the name, your business entity, and your county. We will handle the newspaper notice and Sunbiz filing, and run a trademark search so you know whether the name can also be protected as a brand.

  • Fictitious name registration, renewal, and cancellation
  • Trademark clearance before you commit to a name
  • Florida and federal trademark applications
  • Help when another business is using your name