Doing-Business-As in Florida:
DBAs, Fictitious Names, and Trade Names

Let’s clear the air: a DBA (doing-business-as), a fictitious name, and a trade name are all different ways to refer to registered alternate names for a company. Florida uses the terms “fictitious name” and “trade name” interchangeably, and other states call them DBAs, but they all mean the same thing.

Also, registering a DBA does not create a separate business entity. This is really important for sole proprietorships and general partnerships out there who may be hoping their DBA can help establish some legal protection. Just because you have to register your fictitious name with the state doesn’t mean you’ve created a legal business entity separate from yourself! If you’re looking for limited liability or increased privacy, you’re better off forming an LLC than going straight for a DBA.

So, why might you want a DBA for your business? There are a few common reasons:

Expand your business

expand_more

One way to use a DBA is to start a new branch or business line without forming a new business.

Let’s say you open an LLC to sell furniture and home goods. Business is going great for Maestro Home Furnishings LLC, but maybe a new opportunity comes your way to specialize in custom chairs. Instead of registering a second LLC, you could just register a DBA for Maestro Custom Alligator Chairs and operate under that name at a secondary location. Getting into something extremely niche like doll furniture? Register another DBA to run your online store under “Mini Maestro,” where you sell teeny tiny toy furniture.

Rebrand your business

expand_more

It happens to the best of us—we start out with one goal in mind and end up pursuing a completely different tack. You may have started out selling handcrafted furniture, but now you’re making custom wood drumsticks and drum hoops, and Maestro Home Furnishings LLC just doesn’t set the right tone.

You could dissolve that LLC and start a new one. Or you can file a DBA and operate as Maestro Percussion instead.

Consolidate your branding under your website’s domain name

expand_more

Sometimes, a business starts operating and advertising under its domain name. This usually happens because that name is easier to remember than the business name, or maybe because the business’s name wasn’t available as a domain and the business went with a different domain.

For example, “MaestroCustomAlligatorChairs.com” is a long domain, so you might get “GatorChairs.com” instead and start doing business under the DBA “Gator Chairs.”

Look more professional as a sole proprietor

expand_more

If you’re a sole proprietor, your legal business name is your name. But not everyone wants to do business under their own name. That’s where having a DBA comes in. You can use a fictitious name to operate under a name that is more professional and better describes the kind of work you do. For instance, instead of offering drum lessons under Carl Lopez, you can use a DBA like Drum Maestro.

» Get access to DBA filing service and our Florida Business Identity Package when you sign up for Registered Agent Service or Company Formation Service with us. With Florida Business Identity, you can start marketing your business online in minutes with a custom domain, pre-built website with SSL security, and up to 10 email addresses at your domain. Plus, you’ll get a dedicated business phone line with a Florida area code to keep your personal and professional communications separate.

Get Liability Protection & Maintain Your Privacy with a Florida LLC

Florida Registered Agent offers an LLC Formation Package that’s a cut above the rest.

  • LLC Formation
  • Business Address
  • Renewal Service Enrollment
  • Same-Day Document Scans
  • Registered Agent for One Year
  • Attorney-Drafted Operating Agreement
  • 90-day Free Trial of Website & Phone Service
  • Lifetime Customer Service

$274 Total (Includes State Fees)

How to Register a Fictitious Name (DBA) in Florida

The Florida Fictitious Name Act states that to legally use a DBA in Florida, you must register that name with the state. Failing to comply with the registration requirement could result in a fine of $500 or more. If found to be in violation of the act, your business is also prohibited from maintaining a lawsuit against any person or business in Florida until your DBA filing has been submitted and approved (FL Stat Section 865.09(9)).

1. Choose an available name

Your fictitious name must be unique among fictitious names in Florida. If the name you want is already in use, you’ll have to choose a different DBA. To check the availability of your desired name, you can use the SunBiz Florida Fictitious Name Search.

Other rules to follow:

  • Your fictitious name cannot include a business entity identifier like “Inc,” “LLC,” or “LP.”
  • You cannot use the words “bank,” “banker,” “trust company,” “savings and loan association,” “savings bank,” “credit union,” or words with the same meaning (for example, “banco”) unless your business is a financial institution that has been authorized to use one of these terms.

» Registering your DBA in Florida prevents other businesses from using that name within the state. If you want to protect your name across state lines, you’ll need to trademark it. The trademarking process can be complicated, but we can take care of it for you with help from our in-house legal team. Just add “Trademark Service” at checkout or in your client account.

2. Publish a notice of your intent to use a fictitious name

Once you’ve decided on your DBA but before you file your application, you need to publish a legal notice stating your intent to use a fictitious name in a newspaper located in the same county as your principal place of business. You can publish in an online or printed newspaper that meets the following requirements:

  • At least 25% of the paper is written in English.
  • Issues are published at least once a week.
  • The paper is available as a periodical in the county where it’s published.
  • The paper was established at least a year ago.

Most publications have a template for fictitious name publications, but if not, make sure that your notice includes the following:

  • Your desired fictitious name
  • The legal name and address of your business
  • Your intention to register your fictitious name with the Florida Department of State, Division of Corporations and the county where you business is located

You don’t need to get proof of publication for your fictitious name application; you simply need to certify that your notice has been published on the application. Publication costs vary by paper and county. For example, it costs $35 to advertise in Tallahassee’s The Daily Sun and $95 to advertise in Miami Today.

3. File an Application to Register a Fictitious Name

The last step of getting your Florida DBA registered is submitting an Application to Register a Fictitious Name to the secretary of state. On your application, you must list the following information:

  • Your Fictitious Name
  • Your business’s mailing address
  • The county where business is located
  • The names and addresses of owner(s) of fictitious name
  • The Florida Document Number received when the business was registered with the state (if applicable)
  • Your Federal Employer Identification Number (FEIN), if applicable
  • The signature(s) of the owners
  • An email address and phone number

The application fee is $50, and you can file by mail or online.

By mail:
Fictitious Name Registration
PO Box 6327
Tallahassee, FL 32314-1300

Online:
SunBiz Florida Fictitious Name Registration

Doing Business with Your Fictitious Name

Here are a few things to remember as you do business with your Florida DBA:

Paper with checkmark icon

Renew Your DBA

Florida fictitious name filings must be renewed every five years by December 31st of the fifth year after your initial filing. You can renew by mail with an Application for Renewal of Fictitious Name or online through SunBiz. Renewal costs $50.

Business icon

Get a Business Bank Account

Although you don’t need to get a separate business bank account for your DBA, it can help keep your finances organized so that, come tax time, you don’t confuse income that you make under your legal business name and your DBA, income made under different DBAs, or personal and business income as a sole proprietor.

Domain icon

Establish Your Business Identity

To market effectively and maintain a professional image, you’ll want to get a domain and website for your DBA and a separate phone number for this business. That way, you’ll be able to reach and communicate with customers without confusing them (or yourself) because you share a web presence or number with another business name, or by using your personal contact information for your business.

Form a Business

chevron_right

+ state fees

Order Registered Agent

chevron_right

/ year