What is a Fictitious Name or “DBA” in Florida?

Doing Business As Contracts

Under Florida Statute §865.09, a fictitious name means any name under which a person transacts business in this state, other than the person’s legal name. This is also known as DBA, or “doing business as.”

Why is a Fictitious Name Registration Important in Florida?

A fictitious name registration is important for several reasons:

  • Businesses entities may operate various businesses under different names without having to form a separate business entity for each;
  • It gives a sole proprietorship an opportunity to open a bank account and receive payment in its business name;
  • It maintains certain legal protections to businesses operating under a name other than its legal name.

When is a Fictitious Name Registration Not Required in Florida?

A fictitious name registration is not required in Florida if the business is formed:

  • By an attorney actively licensed to practice law in Florida;
  • By a person actively licensed by the Department of Business and Professional Regulation or the Department of Health for the purpose of practicing his or her licensed profession; or
  • By any corporation, limited liability company, partnership or other business entity that is organized or registered and in active status with the Division of Corporations of the Department of State.

How to Register a Fictitious Name in Florida?

A Fictitious Name Registration Form must be submitted to the Division of Corporations along with a $50 processing fee. The registration form must contain the following:

  • The name to be registered;
  • The mailing address of the business;
  • The name and address of each registrant;
  • If the registrant is a corporation, it must provide its Florida document registration number and its federal employer identification number;
  • Certification by at least one registrant that the intention to register such fictitious name has been advertised at least once in a newspaper in the county in which the principal place of business of the registrant is or will be located; and
  • Any other information the Division of Corporations may reasonably deem necessary to adequately inform other governmental agencies and the public as to the registrant so conducting business.

What is the Penalty for Failing to Register a Fictitious Name in Florida?

If a business fails to comply with the statute’s requirements, neither the business nor the person(s) engaging in the business may maintain any action, suit, or proceeding in any court of Florida with respect to or on behalf of such business until the requirements are met.

EPGD Business Law is located in beautiful Coral Gables. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Eric Gros-Dubois

Founding partner Eric Gros-Dubois established EPGD Business Law in 2013. With over a decade of experience expanding the firm and leading it to its current success, Eric now primarily manages the corporate division of EPGD. Given Eric’s educational background, holding both a JD and MBA, combined with his own unique experience of starting a business from scratch and growing it to a multi-million dollar firm, he brings a specialized and invaluable perspective to those seeking legal assistance for themselves and their businesses. Having now instilled his same values in our team of skilled corporate associates, Eric leads a firm that is always ready, willing, and equipped to handle any and every legal matter that a business owner may have.

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*The following comments are not intended to be treated as legal advice. The answer to your question is limited to the basic facts presented. Additional details may heavily alter our assessment and change the answer provided. For a more thorough review of your question please contact our office for a consultation.

One Response

  1. Does a Fictitious name ownership Have to be Represented by an Attorney in Florida?
    I am pro se in civil, Plaintiff wrongly named my fictitious as an LLC (they still know and didn’t correct) Court said I cannot represent an LLC. So, ‘fake’ LLC is now considered defaulted (LLC not on Sunbiz.org either) So, is there anywhere or even a case law that says (Florida) fictitious does NOT need representation? Thank you in advance.
    Help me out

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