To add a DBA to an LLC in Florida, publish a one-time notice in a newspaper in the county where your business operates, then file a fictitious name registration with the Florida Division of Corporations for $50. The registration is good for five years and lets your LLC sell, sign, and bank under a brand name without forming a second entity.1Florida Department of State. Florida Fictitious Name Registration The order matters: publish first, file second.
Publish the Newspaper Notice First
Before you touch the state application, advertise the fictitious name at least once in a newspaper located in the county where your LLC’s principal place of business sits.1Florida Department of State. Florida Fictitious Name Registration It’s a legal notice requirement under Chapter 50 of the Florida Statutes. Most Florida papers that run legal notices charge roughly $30 to $50 for a single fictitious name publication, though rates vary.
Here’s what trips people up: the state does not ask you to submit proof that the ad ran. When you sign the application, you are certifying under penalty of law that the advertisement already appeared.1Florida Department of State. Florida Fictitious Name Registration That self-certification is the only check. Keep the newspaper’s confirmation or affidavit of publication anyway. If someone challenges the registration later, that receipt is your proof.
Pick a Name That Will Pass
Your fictitious name cannot include “Corporation,” “Incorporated,” or the abbreviations “Corp.” and “Inc.” unless the entity behind it is actually incorporated or authorized to do business in Florida under chapter 607 or 617.2Florida Senate. Florida Code 865.09 – Fictitious Name Registration Using those terms for an LLC will get the filing rejected.
The name also needs to be distinguishable from other registered business names in Florida. Run a search on the Sunbiz database before you pay for the newspaper ad. Advertising a name you cannot actually register is money spent for nothing.
File With the Division of Corporations
The application is short. You’ll provide:
- The exact fictitious name you want to register (one name per application)
- A mailing address for the business
- The Florida county where the principal place of business is located, or “Multiple” if more than one county applies
- Your LLC’s legal name and address as the registrant owner
- Your FEIN, which the form accepts but does not require
File through the Sunbiz portal at dos.fl.gov/sunbiz.3Florida Department of State. Fictitious Name Registration Instructions Match every detail to your LLC’s existing state records. A mismatch between the owner name on the fictitious name application and your LLC’s name on file with the Division of Corporations will cause problems later when you try to open a bank account or sign contracts under the DBA.
Costs
The registration fee is $50. Two optional add-ons are available: a certified copy of the registration for $30 and a certificate of status for $10.4Florida Department of State. Fees – Section: Fictitious Name Fees Most banks want proof of the DBA before they’ll open an account or deposit checks in that name, so one of those two documents is usually worth the extra cost.
Online vs. Mail
Filing online is faster. You enter the information, pay by credit card, and receive an email confirmation within 24 hours of the registration being posted.1Florida Department of State. Florida Fictitious Name Registration No paper confirmation is mailed for online filers.
Mail filings take noticeably longer. Print the application, complete it by hand, and mail it to the Division of Corporations in Tallahassee with a check or money order. Credit card payments are only accepted through the portal. Your confirmation arrives by U.S. Mail to the address on the application.
How Long the Registration Lasts
A fictitious name registration is valid for five years. It expires on December 31 of the fifth calendar year.2Florida Senate. Florida Code 865.09 – Fictitious Name Registration The state counts the remainder of your first year as year one, so a name registered in October 2026 expires on December 31, 2030.
Renewal can be filed any time from January 1 through December 31 of the expiration year. Don’t let December 31 pass. An expired registration makes the name legally inactive, and the consequences below are not theoretical.
What Happens if You Skip It or Let It Lapse
Florida treats this more seriously than most business owners expect. Failing to comply with the Fictitious Name Act is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.5Online Sunshine. Florida Statutes 775.0826Online Sunshine. Florida Statutes 775.083 Criminal prosecution is rare in practice. The civil consequence is the one that bites.
If your LLC operates under a fictitious name without a valid registration, the business cannot maintain any lawsuit or enforce any contract in Florida courts until it comes into compliance.7Online Sunshine. Florida Statutes 865.09 – Fictitious Name Registration You can still defend yourself if someone sues you, and existing contracts don’t become void. But a court will refuse to hear your case as a plaintiff until the registration is current, and the other side can recover attorney’s fees and court costs caused by your noncompliance. Letting a registration lapse during an active business dispute hands leverage to the other party.
You Don’t Need a New EIN
Adding a fictitious name to your LLC does not trigger a new Employer Identification Number. The IRS is clear that changing or adding a business name, by itself, does not require a new EIN.8Internal Revenue Service. When to Get a New EIN Your LLC keeps using its existing EIN for all federal tax reporting no matter how many DBAs it operates under.
If your LLC is a single-member entity taxed as a disregarded entity, the DBA doesn’t change how income flows to your personal return. Business income still goes on Schedule C, E, or F of your Form 1040, and you use your own Social Security number or EIN on information returns like the W-9.9Internal Revenue Service. Single Member Limited Liability Companies One exception: if your single-member LLC has employees, it must use the LLC’s own name and EIN for employment tax reporting, even when those employees work under the DBA.
A Fictitious Name Is Not a Trademark
Florida registration gives you the right to do business under the name in the state. It does not give you ownership of the name, prevent anyone else from using a similar name nationwide, or provide brand protection.10United States Patent and Trademark Office. How Trademarks and Trade Names Differ Someone using an identical or confusingly similar name in another state faces no barrier from your Florida filing.
A federal trademark through the USPTO is a separate process. It creates rights across the United States, gives you standing to sue in federal court, and lets you record the mark with U.S. Customs to block infringing imports.11United States Patent and Trademark Office. Why Register Your Trademark? If you plan to build a recognizable brand around the DBA, the fictitious name filing handles state compliance, but a federal trademark is what actually protects the name.
Cancelling a Fictitious Name
If you stop using the DBA or switch to a different name, cancel the registration through the same Sunbiz portal. Cancellation uses the fictitious name registration form and costs $50. To cancel without registering a replacement, complete only the cancellation section with the original registration date and registration number. An unused DBA still tied to your LLC can create confusion for customers and vendors, so close it out rather than leave it active.