Fictitious Name Registration in Florida
A fictitious name (DBA or "doing business as") registration is required under Section 865.09, Florida Statutes, when a business operates under a name different from the owner's legal name. Registration provides public notice and is required for contract enforcement.
When Registration Is Required
- A sole proprietor operates under any name other than their own legal name
- A partnership uses a name other than the partners' legal names
- An LLC or corporation uses a name other than its registered legal name
- Any entity operates under an assumed or trade name
Registration Process
- Verify name availability through the Division of Corporations
- Publish an advertisement of intent in a local newspaper
- File registration with the Florida Division of Corporations
- Pay the filing fee
- Renew every 5 years before expiration
Consequences of Non-Registration
- Cannot enforce contracts in court until registered
- $50/day fine for operating without registration
- Cannot open business bank accounts in the fictitious name
- Public cannot identify the person behind the business
Related Terms
- Contract — Enforceability depends on proper registration
- Equity — Business value tied to the trade name
- Estate Planning — Business succession planning
Barnes Walker Business Law
Barnes Walker's business attorneys handle fictitious name registrations and business formation for Florida entrepreneurs. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC