Florida Fictitious Name (DBA): The $50 Filing and the Newspaper Notice
Florida Fictitious Name (DBA): The $50 Filing and the Newspaper Notice
If your Florida business operates under a name other than your own legal name or your entity's exact legal name, you need a fictitious name registration, usually called a DBA ("doing business as"). The state filing costs $50 and is completed online. The part most owners miss is the newspaper notice, which must run before you register. This guide covers who needs a DBA, how the notice and filing work, what renewal looks like, and what happens if you skip it.
This guide is general information, not legal or tax advice. Talk with a Florida attorney or CPA before you decide how a DBA fits your situation, especially if you have partners, operate in more than one county, or sell taxable goods.
Who needs a DBA in Florida
You need a DBA when the name customers see is not your legal name. The most common cases are:
- A sole proprietor who sells under a trade name, such as a freelance designer operating as "Coastline Design Studio."
- A general partnership that does business under a name other than the partners' names.
- An LLC or corporation that does business under a name different from its exact legal name on file with the Division of Corporations.
An LLC or corporation that uses its exact legal name does not need a DBA. Pull up your entity record on Sunbiz and compare the name character for character before you assume you are covered. A DBA also does not create a new legal entity. It only registers a name you use in commerce, so your liability structure stays the same.
Step 1: Publish the newspaper notice before you register
Florida law requires you to advertise the name at least once in a newspaper in the county where your principal place of business is located. The notice must run before you file the registration. When you file, you certify that the notice was published. You do not send the Division a copy of the ad or any proof of publication, so the record-keeping falls on you. Keep the affidavit or tear sheet the newspaper gives you with your formation paperwork.
Settle these points before you buy space:
- Pick the right county. The notice follows your principal place of business, not where your customers are. A home office or a company with several locations can make that unclear. Confirm which county applies with an attorney before you publish.
- Use a qualifying newspaper. Ask the paper whether it qualifies for the notice, and confirm that with an attorney before you pay for the ad.
- Get a rate quote. Newspaper pricing is set by each paper. This guide does not list ad rates, so ask each paper for its price before you commit.
Step 2: File the registration with the Division of Corporations
Florida registers fictitious names statewide with the Florida Department of State, Division of Corporations, through Sunbiz. You do not file with the county clerk. The registration is made under section 865.09, Florida Statutes. File online through Sunbiz eFile for fictitious name registration.
The key terms of the filing are:
- Fee: $50.
- Term: 5 years. The registration expires on December 31 of the fifth year, so it is not exactly five years from the date you file. A filing made late in the year gets fewer full years before expiration.
- Processing time: This guide does not state a turnaround time for this filing. Check the Sunbiz page for current timing and save the filing confirmation.
Have the name, owner information, and your principal place of business address ready before you start the online form. Each step is short, but a mismatch between the name you publish and the name you file will create a problem later, so use the same spelling in both.
Search the name before you publish
A notice that runs for a name someone else already uses wastes your money. Search before you publish. The Sunbiz business search at search.sunbiz.org lets you check entity names in the state's records. Use it as a first check, and also run the separate Fictitious Name search that Sunbiz offers on its search page.
A clear result is not a green light. A Florida fictitious name registration is a name record. It does not give you trademark rights, and it does not guarantee that no other business uses a similar name in your market. Run a separate federal and state trademark search and a web search before you commit to a name you plan to build a brand around.
Renewal: $50 every five years
A Florida fictitious name renewal costs $50 and is filed between July 1 and December 31 of the year your registration expires. The window is tied to the expiration year, so the renewal period comes once every five years, not on the anniversary of your original filing.
Put the December 31 expiration date on your calendar as soon as your registration is accepted. Renewal opens July 1 of the expiration year and closes December 31. Before you renew, check the renewal page on Sunbiz for the current form requirements. This guide does not state whether a new newspaper notice is needed at renewal, so confirm that on the agency page or with an attorney before you file.
If a registration is not renewed before it expires, confirm with the Division what happens and how to refile before you assume the name is still registered.
What happens if you skip the registration
Florida treats an unregistered fictitious name as a problem on three fronts:
- A noncriminal violation. Failing to register is a noncriminal violation carrying a fine under section 775.083, Florida Statutes. Confirm the current fine amount under that statute with an attorney rather than relying on a figure from a blog post.
- No lawsuits in Florida courts. Until you register, the business cannot maintain a lawsuit in Florida courts. If a customer owes you money and you need to sue, you register first.
- Attorney fees. A court may award the other side its attorney fees in a dispute involving the unregistered name.
The contract itself is not voided. Agreements you signed while unregistered stay valid, but you cannot enforce them in court until you register, and the other side may recover fees from you. Treat the registration as a prerequisite for any dispute you might bring, and do not wait for a conflict to find out whether your name is on file.
Other registrations to check
A DBA is one piece of the setup. Florida issues no general statewide business license, so the other items depend on your trade and location:
- Professional licenses. The Department of Business and Professional Regulation (DBPR) licenses specific professions and trades, including contractors, cosmetology, real estate, restaurants, CPAs, and engineers. Check whether your activity needs a DBPR license before you advertise the name.
- Local business tax receipt. Many Florida cities and counties require a local Business Tax Receipt for the address where you operate. It is a tax under Chapter 205, Florida Statutes, not a test of competency, and not every county or city levies it. Confirm with your city or county.
- Sales and use tax. If you sell taxable goods or services, register as a sales and use tax dealer with the Florida Department of Revenue before you begin business. The state sales tax rate is 6%. Start at the Department of Revenue registration page.
Costs at a glance
| Item | Cost | Timing and notes |
|---|---|---|
| Fictitious name registration | $50 | Filed with the Division of Corporations. Valid 5 years, expires December 31 of the fifth year. |
| Fictitious name renewal | $50 | Filed July 1 to December 31 of the expiration year. |
| Newspaper notice | Set by each newspaper | Must run at least once before you register. Confirm rates with the paper. |
| Local business tax receipt | Set by your city or county | Not every locality levies one. Confirm locally. |
Quick checklist
- Compare the name to your exact legal name on Sunbiz to confirm you need a DBA.
- Search Sunbiz, then run a trademark and web search.
- Confirm your principal place of business and its county.
- Publish the notice in a qualifying county newspaper and keep the proof.
- File the registration through Sunbiz eFile for $50 and save the confirmation.
- Calendar the December 31 expiration and the July 1 to December 31 renewal window.
- Check your local business tax receipt and sales tax registration.
When to get professional help
Talk with a Florida attorney before you publish if your principal place of business is hard to place in one county, if you have partners or co-owners, if the name is close to an existing trademark, or if you plan to operate under several names. A CPA can explain how a DBA interacts with your entity type and sales tax registration. For general business advising, the Florida SBDC Network at floridasbdc.org is a good starting point, and the Florida Department of State's main Sunbiz site is at dos.fl.gov/sunbiz.