Florida Fictitious Name Registration: Rules, Fees, and Renewal

To operate under a name other than your legal name in Florida, you must complete a Florida fictitious name registration with the Division of Corporations before doing business. The filing fee is $50, the registration lasts five years, and you first have to advertise your intent to register in a qualifying newspaper in the county where your business is based.¹

Who Has to Register

Florida’s Fictitious Name Act applies to anyone transacting business under a name different from their legal name, whether that’s an individual, a partnership, an LLC, or a corporation.¹ A sole proprietor named Jane Doe running “Coastal Bookkeeping” needs to register. So does “Sunshine Retail, Inc.” if it does business as “Sunshine Market.” A general partnership that isn’t separately registered with the Division of Corporations needs a fictitious name if the business name differs from the partners’ legal names.

One thing to know up front: registration does not give you ownership of the name or exclusive rights to it. Multiple businesses can register the same fictitious name in Florida. If you want legal protection for the name itself, that’s a trademark question, not a fictitious name one.¹

Who Is Exempt

Three groups are exempt when operating under their licensed or registered name:²

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

The exemption disappears the moment you start using a different trade name. If “ABC Consulting, LLC” begins operating as “Premier Solutions,” it needs a fictitious name registration for that trade name.³ Licensed professionals should also check with their licensing board, which may have its own separate rules.

Advertise Before You File

Before submitting the registration, you must advertise your intent to register the fictitious name at least once in a qualifying newspaper in the county of your principal place of business.¹ The paper must meet Chapter 50 standards, which generally means a newspaper of general circulation that publishes legal notices.⁴

You don’t submit proof of publication with your application. Instead, you certify by signature that the ad ran. Publication fees vary by county and typically fall between $30 and $100. Signing without actually publishing creates a false certification, which the state treats seriously (more on that below).

How to File the Registration

What You’ll Need

The application asks for the exact fictitious name you want, your business mailing address, and the name and address of every owner. Up to five owners can go on a single application. Businesses with more owners should call the Division of Corporations at 850-245-6058 for special instructions.⁵

If an owner is itself a business entity, that entity has to be registered and in active status with the Division of Corporations, and you’ll need to provide its Division-assigned document number and its Federal Employer Identification Number. Partnerships list every partner, but only one authorized person needs to sign.⁵

Where to File

The fastest option is filing online at Sunbiz.org, the Division of Corporations’ portal. You can also download the PDF, complete and sign it, and mail it in with payment. Online filings are processed faster than mailed ones, and current processing dates are posted on the Division’s site.⁶

Fees

The registration fee is $50. Two optional add-ons are available: a certificate of status for $10 and a certified copy of the registration for $30.⁷ Online payments take Visa, MasterCard, Discover, or American Express. Mailed applications need a check or money order payable to the Florida Department of State, drawn from a U.S. bank in U.S. currency.

What You Get Back

Once the filing is processed, you’ll receive a confirmation letter with the registered name, your assigned registration number, and the date of registration, plus any certificates you paid for.¹ Most banks want to see this before opening a business account under the fictitious name, so keep it handy.

Renewing Every Five Years

A fictitious name registration expires on December 31 of the fifth year, no matter when in the year you originally filed.² The Division does not send reminders, so put the date on your calendar.

Renewals can be filed online or on paper. The fee is $50, with the same optional certificate add-ons.⁷ No new newspaper ad is needed at renewal. The renewal form also lets you update your mailing address, county, FEIN, and owner information.⁸ Miss the deadline and the registration lapses; getting it back means a fresh $50 registration, and a fresh newspaper ad.

Changes and Cancellations

Small updates like an address change can wait until your next renewal. If ownership changes entirely, though, the statute requires the outgoing owner to file a cancellation and the new owner to file a re-registration within 30 days of the change.⁴ Both happen on the same form for a combined $50 fee. This has to be done on paper and mailed in; it can’t be handled online.⁹

You cannot change the fictitious name itself on an existing registration. To operate under a different name, you cancel the current one and file a new registration, including a new newspaper ad.⁸

If you stop using a registered name, you’re required to file a cancellation within 30 days.⁴ The cancellation uses Section 4 of the fictitious name form, which is on the Division’s website.¹⁰ Many people just let the registration expire, but filing the cancellation keeps the public record accurate.

What Happens If You Don’t Register

The consequence that hurts most: you can’t sue. A business that fails to comply with the Fictitious Name Act cannot file or maintain a lawsuit in any Florida court on that business’s behalf until it comes into compliance.² That blocks contract enforcement, debt collection, and any other claim tied to the unregistered name. Most people find out about the problem exactly 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. But the other side in a dispute can seek reimbursement of attorney fees and court costs caused by your non-compliance.⁴ That turns an ordinary dispute into a much more expensive one.

Failing to register is also classified as a noncriminal violation under the statute and can carry a fine.¹¹¹² Falsely certifying that you published the newspaper ad falls squarely within this provision.

A Quick Note on EINs

Registering a Florida fictitious name doesn’t automatically trigger a federal tax change, but it’s worth confirming your EIN status. The IRS notes that some business name changes may require a new EIN or a final return on the old one.¹³ A sole proprietor adding a DBA who already uses a Social Security number for taxes generally doesn’t need a new EIN just for the name. If your entity type is also changing, check IRS Publication 1635 before assuming nothing else needs to move.

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
The Florida Legislature. Florida Statutes 865.09 – Fictitious Name RegistrationFlorida Statutes 817.155
12
The Florida Legislature. Florida Statutes 775.082
13
Internal Revenue Service. Business Name Change