Plenty of Florida businesses operate under a name that is different from the one on their legal paperwork. A sole proprietor named Maria Lopez might call her cleaning business “Sparkle Home Services,” or an LLC registered as “Lopez Holdings LLC” might market itself as “Treasure Coast Tutoring.” In Florida, using a name like that usually means you need to register a fictitious name, often called a DBA (“doing business as”).
The process is simple and inexpensive, but it has a few steps that trip people up. This guide covers when you need one, what it costs, and how to keep it current.
What a fictitious name actually is
A fictitious name is any name you use to do business that is not your exact legal name. For an individual, the legal name is your first and last name. For an LLC or corporation, it is the exact name on file with the Florida Division of Corporations, including “LLC,” “Inc.” or similar endings.
Registering a fictitious name puts the public on notice about who is behind the business name. It does not create a separate company, and it does not give you liability protection. If you are a sole proprietor with a DBA, you are still personally responsible for the business. That is an important distinction many new owners miss.
When you need to register one
As a general rule, you should look at a fictitious name registration if any of these apply:
- You are a sole proprietor or general partnership using anything other than your own legal names.
- Your LLC or corporation wants to market a brand that differs from its registered name.
- You are launching a second line of business under the same company and want it to have its own name.
- Your bank asks for proof of the name before opening an account in that name.
Banks are often the practical trigger. Many will not let you deposit checks made out to a business name unless you can show it is registered to you. Payment processors and some vendors may ask for the same proof.
If you are unsure whether your situation requires registration, confirm with an attorney. The rules have nuances, and it is better to know before you print signs and business cards.
What it costs and how long it lasts
Registering a fictitious name in Florida costs $50 when you file online through Sunbiz. The registration is valid for five years and expires on December 31 of the fifth year.
You can renew during the window from July 1 through December 31 of the expiration year. If you let it lapse, you may have to start over, and someone else could register the name in the meantime. Put the renewal window on your calendar the day you register.
The newspaper notice step
This is the step people skip most often. Before you register, Florida requires that the fictitious name be advertised at least once in a newspaper in the county where your principal place of business is located.
A few practical tips:
- Search the name first on Sunbiz to see whether it is already registered or too close to another name.
- Contact a local newspaper that publishes legal notices and ask about their process and pricing. Costs vary by publication.
- Keep a copy of the published notice with your business records.
When you file, you confirm that the notice requirement has been met, so make sure it really has been.
DBA vs. forming an LLC
A DBA is a naming tool. An LLC or corporation is a legal structure. If you are a sole proprietor who wants a professional brand name, a DBA may be all you need for now. If you want to separate business and personal liability, open the door to business credit, or bring on partners, forming an entity is usually the better starting point.
For comparison, a Florida LLC filing with Sunbiz costs $125 total ($100 for the Articles of Organization plus $25 for the registered agent designation). Once the LLC exists, it can still register one or more fictitious names for different brands.
Our business formation service can help you decide which route fits your plans and handle the filings so the names on your entity, bank account and marketing all line up.
Common mistakes to avoid
- Assuming a DBA protects your name. Registration is a public notice, not a trademark. If brand protection matters, talk with an attorney about trademark options.
- Using the name before registering. Contracts, invoices and bank deposits get messy when the name is not on file.
- Forgetting renewal. Five years goes by quickly. Missing the July–December window can cause headaches with your bank.
- Mismatched names. Your website, invoices, merchant account and bank account should all use the registered name consistently.
- Overlooking local requirements. A DBA is not a business license. Check with your city, county and any state licensing agency about what else your business needs.
A quick checklist
- Decide whether you need a DBA, an entity, or both.
- Search the name on Sunbiz.
- Publish the notice in a newspaper in your county.
- File the registration online and pay the $50 fee.
- Update your bank, payment processor and marketing materials.
- Calendar the renewal window for the expiration year.
Getting your business name right at the start saves time and confusion later. If you want help sorting out a DBA, an LLC or both, book a free consultation or call us at (772) 356-3550.
