Florida Fictitious Name Registration: Rules, Filing, and Renewal

To complete a Florida fictitious name registration, you advertise your intended business name once in a newspaper in the county where you’ll operate, then file the application with the Florida Division of Corporations through Sunbiz.org and pay a $50 fee. The registration is good for five years and expires on December 31 of the fifth year. Sole proprietors, partnerships, LLCs, and corporations all need to register any trade name that differs from their legal name before doing business under it.¹

Who Has to Register

Florida’s Fictitious Name Act applies to anyone transacting business under a name other than their legal name. If you’re Jane Doe operating “Coastal Bookkeeping,” that trade name needs registration. If “Sunshine Retail, Inc.” does business as “Sunshine Market,” the same rule applies. General partnerships that are not separately registered with the Division of Corporations also fall under the Act when their business name differs from the partners’ legal names.

One point worth getting straight up front: registering a fictitious name does not give you any ownership of or exclusive rights to the name. Multiple businesses can register the identical name in Florida. If you want legal protection, you need a trademark. The fictitious name filing is an administrative record so the public can look up who’s behind a business.¹

Exemptions

Three groups are exempt from registering, but only when they do business under their licensed or registered name:²

Florida-licensed attorneys forming a business to practice law.
Professionals licensed by the Department of Business and Professional Regulation or the Department of Health who form a business to practice their licensed profession.
Corporations, LLCs, partnerships, and other entities already registered and in active status with the Division of Corporations.

The moment any of them starts operating under a different name, the exemption drops away and a fictitious name registration is required.³ Licensed professionals should also check with their individual licensing board, which may have its own registration rules.

Advertise in a Newspaper First

Before you file, you must advertise your intent to register the fictitious name at least once in a qualifying newspaper in the county where your principal place of business is located.¹ The paper must meet Chapter 50 standards, meaning a newspaper of general circulation that publishes legal notices.⁴

You don’t submit proof of publication. When you sign the application, you certify that you placed the ad. Skipping it and signing anyway is a false certification with real consequences, covered below. Publication fees typically range from $30 to over $100 depending on the county and paper.

What You’ll Need to File

The application asks for the exact fictitious name, your business mailing address, and the name and address of each owner. You can list up to five owners on one application. Businesses with more owners should call the Division of Corporations at 850-245-6058 for instructions.⁵

When an owner is itself a business entity, that entity has to be registered and in active status with the Division. You’ll provide its Division document number and its Federal Employer Identification Number (FEIN). Partnerships list all partners, but only one authorized person has to sign.

How to File and What It Costs

The fastest route is online through Sunbiz.org, the Division of Corporations’ official portal.¹ You can also download the PDF form, print and sign it, and mail it in with payment. Online filings process faster than mailed ones. The Division posts current processing dates on its website.⁶

The registration fee is $50.⁷ Two optional add-ons: a certificate of status for $10 and a certified copy of the registration for $30. Online payments go through by credit card (Visa, MasterCard, Discover, or American Express). Mailed applications need a check or money order payable to the Florida Department of State, drawn on a U.S. bank in U.S. currency.

What You Get Back

Once processing is complete, you’ll receive a confirmation letter listing the registered name, your registration number, and the date of registration, along with any certificates you ordered. Most banks ask for this confirmation when opening a business account under the fictitious name, so hang on to it.¹

Renewing Every Five Years

A fictitious name registration lasts five years and expires on December 31 of the fifth year, regardless of when you originally filed.² The Division does not send renewal reminders, so put the expiration on your own calendar.

Renew online through Sunbiz.org or by paper form. The renewal fee is $50, with the same optional $10 certificate of status and $30 certified copy available.⁷ You do not need to republish the newspaper advertisement at renewal. The renewal form also lets you update your mailing address, county, FEIN, and owner details.⁸

Miss the renewal deadline and the registration lapses. You’ll have to file a new registration at the full $50 fee, including a fresh newspaper advertisement.

Changing, Transferring, or Canceling

Minor updates such as an address change can be handled at your next renewal. If ownership changes entirely, the statute requires the outgoing owner to file a cancellation and the new owner to file a re-registration within 30 days. Both are filed together on the same form, cost $50, and must be mailed in rather than filed online.⁴⁹

You cannot change the fictitious name itself on an existing registration. To operate under a different name, cancel the current registration and file a new one, including a new newspaper ad. The combined cancellation and re-registration is $50.⁸

If you stop doing business under a registered fictitious name, you’re required to file a cancellation within 30 days using Section 4 of the fictitious name form, downloadable from the Division’s website.¹⁰ Many people simply let the registration expire, but filing the cancellation keeps the public record clean.

What Happens If You Don’t Register

The practical bite of non-compliance is in the courthouse. If your business doesn’t comply with the Fictitious Name Act, neither you nor anyone acting for the business can file or maintain a lawsuit in any Florida court on that business’s behalf until you fix the problem.² You can’t sue to enforce a contract, collect a debt, or pursue any other claim connected to the unregistered name. Most people only discover the problem when they need the courts.

Non-compliance does not void your existing contracts, deeds, or liens, and you can still defend yourself in a lawsuit without a registration. The other side in a dispute, though, can seek reimbursement of attorney fees and court costs caused by your non-compliance.⁴

Failing to register is also a noncriminal violation under the statute and can carry a fine.⁴¹¹ Falsely certifying that you ran the newspaper ad lands in the same provision.

Federal Tax Note

Registering a fictitious name in Florida does not by itself create new federal tax obligations, but confirm whether your situation calls for a new or updated Employer Identification Number. The IRS notes that some business name changes may require a new EIN or a final return on the old one.¹² A sole proprietor adding a DBA while still using a Social Security number for tax purposes generally doesn’t need a new EIN just for the fictitious name. If your business structure is changing along with the name, check IRS Publication 1635 to be sure.

1
Division of Corporations – Florida Department of State. Florida Fictitious Name Registration
2
Florida Senate. Florida Code 865 – 865.09 Fictitious Name Registration
3
Department of State – Division of Corporations. Fictitious Names – Frequently Asked Questions
4
The Florida Legislature. Florida Statutes 865.09 – Fictitious Name Registration
5
Florida Department of State. Fictitious Name Registration Instructions
6
Florida Department of State. Document Processing Dates
7
Florida Department of State. Fees – Division of Corporations
8
State of Florida, Department of State. Instructions for Filing a Fictitious Name Renewal On-line
9
Florida Department of State – Division of Corporations. Fictitious Name Registration – General Information
10
Florida Department of State – Division of Corporations. Fictitious Name
11
Florida Senate. Florida Statutes 817.155 – Matters Within Jurisdiction of Department of State; False, Fictitious, or Fraudulent Acts, Statements, and Representations Prohibited; Penalty; Statute of Limitations
12
Internal Revenue Service. Business Name Change