Assumed-Name (DBA) Registration Requirements in Florida
At a glance
| Governing law and scheme | Fictitious Name Act, Fla. Stat. § 865.09 — statewide registration with the Division of Corporations |
|---|---|
| Who must register | Anyone who transacts business in Florida under 'any name … other than the person's legal name'; a licensed attorney or professional using their licensed name, or an entity registered and active with the Division under its legal name, is exempt unless the business name differs (§ 865.09(2)(c), (3), (7)) |
| Filing office | Division of Corporations of the Department of State — a single statewide filing (§ 865.09(2)(b), (3)(a)) |
| Filing deadline | Before doing business under the name — you 'may not engage in business under a fictitious name unless the person first registers' (§ 865.09(3)(a)) |
| Publication requirement | Advertise the name at least once, before registering, in a newspaper in the county of the principal place of business; the registration certifies that ad (a single advertisement, not a multi-week run) (§ 865.09(3)(a)5) |
| Filing fee | $50 to register (also $50 to cancel/reregister and $50 to renew) (§ 865.09(12)) |
| Term and renewal | Valid until December 31 of the 5th calendar year; renew between January 1 and December 31 of the expiration year for another 5 years (§ 865.09(5), (6)) |
| Name exclusivity | None — registration 'is for public notice only, and does not give rise to a presumption of the registrant's rights to own or use the name,' does not reserve it, and does not affect prior trademark or entity-name rights (§ 865.09(8)) |
| Penalty for noncompliance | Business cannot maintain a related Florida court action until it registers, but contracts remain valid and it may defend; aggrieved party may receive fees and costs. Noncompliance is also a noncriminal violation (§ 865.09(9)). |
Requirements one by one
Who must register
Section 865.09(2) defines a fictitious name as one under which a person transacts Florida business other than the person's legal name. Section § 865.09(7) exempts an active registered entity using its registered name and the listed licensed professionals using their licensed names; the exemption ends if the business uses a different name. For example, an LLC operating under its exact registered name needs no fictitious-name filing under this section, but the same LLC using a separate brand does.
Filing and publication
Under § 865.09(3), registration with the Division of Corporations comes before business begins under the name. The filing identifies each registrant, the business mailing address, and, for a covered entity registrant, its Florida document number and active registration status. At least one registrant must certify that the intention to register was advertised “at least once in a newspaper” in the principal-place-of-business county. The certification is part of the state filing, so publication precedes that filing.
Fee, term, and renewal
Section 865.09(12) sets a $50 registration fee. The registration year counts as year one under § 865.09(5): a name registered in September 2026 therefore expires December 31, 2030. Renewal may be filed at any time from January 1 through December 31 of the expiration year under § 865.09(6); timely renewal continues the registration for another five years.
Consequences of noncompliance
Under § 865.09(9), a noncomplying business cannot maintain a related Florida court action until it registers. It expressly preserves contracts and the business's ability to defend a suit. A party aggrieved by noncompliance may receive reasonable attorney fees and costs, and the section also classifies failure to comply as a noncriminal violation.
What trips people up
Registration is public notice, not a name reservation. Under § 865.09(8), it creates no presumption that the registrant owns or may use the name and does not displace earlier trademark or business-name rights. A clearance decision requires more than finding that the name is available for this filing.
Common questions
What if I stop using the registered name?
Under § 865.09(4), the registrant must file a cancellation with the Division within 30 days after ceasing business under it. The same subsection allows a new user to reregister in connection with a business transfer.
What happens if I miss the renewal year?
Under § 865.09(6)(c), the registration expires if the registrant does not renew and pay by December 31 of the expiration year. The Division may remove or purge it, and not receiving the Division's reminder is not grounds to appeal expiration.
Statutes and sources
- Fla. Stat. § 865.09(2)-(4): definitions, registration, publication, and cancellation — https://www.flsenate.gov/Laws/Statutes/2026/865.09 (accessed 2026-09-23).
- Fla. Stat. § 865.09(5)-(9): term, renewal, exemptions, name rights, and enforcement — https://www.flsenate.gov/Laws/Statutes/2026/865.09 (accessed 2026-09-23).
- Fla. Stat. § 865.09(12): processing fees — https://www.flsenate.gov/Laws/Statutes/2026/865.09 (accessed 2026-09-23).
Source links
Every statute quoted above, linked, with the date we checked it.
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