If you want to operate your Florida business under a different name, you’ll need to register for a DBA, or “doing business as” name. Whether you're a sole proprietor or own a corporation, a DBA can offer flexibility and branding opportunities while adhering to the Sunshine State's specific requirements. Let's explore the comprehensive steps to file a DBA in Florida and the benefits it can bring to your business.
What is a DBA (fictitious name) in Florida?
A DBA in Florida permits a person or business entity to conduct operations under a name different from their legal or registered name, allowing for alternate branding while maintaining legal compliance. In Florida, a DBA is officially called a "fictitious name" under Florida Statute 865.09, which governs fictitious name registrations in the state.
For example, an LLC owner, Jane Doe LLC, can register her flower shop as "Jane's Flower Emporium" through Florida's fictitious name registration process. This allows the owner to operate, advertise, and conduct business under a more customer-friendly name.
Benefits of having a DBA in Florida
A DBA provides multiple advantages for your business.
- Enhanced branding flexibility: A DBA is a name you can choose to be more reflective of your branding, which can help set your business apart from others. A fictitious name tends to be more marketable than the business’ official legal name, which can help you create and foster brand loyalty through consistent branding.
- Business expansion opportunities: If your business expands with new brands or product lines, DBAs can help you market all your business lines without creating separate entities.
- Operational benefits: Under your fictitious name, you can open business bank accounts, enter into contracts, obtain business licenses and permits, and build credit history. It also helps maintain privacy protection for your business entity.
Who needs a DBA in Florida and why?
All business entities in the state, including sole proprietors, LLCs, corporations, and partnerships, can register a DBA. Filing a DBA is mandatory under Florida law for all businesses that operate under a name different from their legal name.
So, a sole proprietor, while not required to register their business with the Florida State Division of Corporations, must register a DBA if using any name other than their full legal name. The same goes for legal Florida business entities like LLCs and corporations.
Legal consequences of noncompliance
Registering a Florida DBA is necessary to comply with state regulations and avoid penalties linked to noncompliance, which may include:
- Noncriminal violation charges under Florida Statute 865.09
- Monetary fines as determined by Florida courts
- Inability to enforce contracts made under the unregistered fictitious name
- Inability to acquire local occupational licenses under the unregistered name
- Banking restrictions when attempting to open business accounts under the fictitious name
How to file a DBA in Florida: Step-by-step process
Register a Florida DBA in no time with these guided steps, including need-to-know information and links to relevant sites.
Step 1. Search and confirm your DBA name
Before registering your fictitious name, conduct a thorough search on the Florida Division of Corporations Search Records portal to ensure that your desired name is available and not already in use.
DBA name requirements under Florida law
- Must be unique and not already registered as a legal entity name or fictitious name in Florida
- Cannot include business entity designators like "LLC," "Inc.," "Corp," or "Ltd"
- Must be distinguishable from existing registered names
- Cannot imply governmental or financial institution affiliation without proper authorization
How to conduct a name search
- Visit the Fictitious Name Database.
- Enter your desired fictitious name, and review all similar or identical names.
- Visit the Corporations Records Search.
- Enter your desired fictitious name and review all similar or identical names.
- If your name is available in both search portals, you can proceed.
The state will reject your registration documents if your desired DBA name is already registered and in use. Therefore, selecting a distinctive name is crucial to prevent conflicts and guarantee a smooth registration process.
Step 2. Check for trademark conflicts
You must avoid trademark conflicts when selecting your DBA name. This involves conducting comprehensive research on existing trademarks to ensure that your chosen DBA name does not infringe on any existing rights:
- Search the US Patent and Trademark Office (USPTO) Trademark Database.
- Check common law trademarks through internet searches.
- Search Florida state trademark name registrations.
- Consider hiring a trademark attorney for complex searches.
You can sidestep this process by relying on LegalZoom for your trademark search. Our comprehensive trademark search services conduct federal, state, and common law trademark searches, giving you confidence to use your desired fictitious business name.
Note: Filing a DBA does not provide federal or state trademark protection. If you seek protection for your business name, you may need to apply for a federal trademark separately through the USPTO and a state trade name using Florida’s Application for the Registration of a Trademark or Service Mark.
Step 3. Publish a legal advertisement
Before you register your DBA, Florida law requires businesses to publish a notice of intent to use a fictitious name in the county where your principal place of business is located.
Publication requirements
- Frequency: Published once in a qualified newspaper or other accepted media outlet (per Florida Statute, Chapter 50)
- Location: In a newspaper or publicly available website that serves the county where your business is located
- Content: State law doesn’t dictate what must be included in your advertisement, but a safe bet is to include your legal name, fictitious name, and business address
Florida state law stipulates how much newspapers can charge for legal advertisements, which is 70 cents per square inch.
Step 4. Complete and submit your DBA application
Florida offers two methods for filing your fictitious name registration.
Online filing (recommended)
- Visit the Florida Fictitious Name Registration online portal.
- Complete the online application form.
- Certify that the name has been advertised in a newspaper when you sign the application (proof of publication is not required).
- Pay the $50 filing fee electronically.
- Pay $30 for a requested certificate of your fictitious name.
Mail filing
- Download and print Form CR4E101, Application for Registration of Fictitious Name.
- Complete all required fields and sign the form.
- Include a check for $50 payable to the Department of State. (You can also request a certificate of your fictitious name for an additional $30.)
- Mail to the following address:
Fictitious Name Registration
P.O. Box 6327
Tallahassee, FL 32314-1300
Required information
- Chosen fictitious name
- Your legal name (individual or entity)
- Business mailing address in Florida
- Florida county principal place of business
- Federal employer identification number (if applicable)
- Florida document number (if applicable)
- Signature of at least one owner
Step 5. Obtain proof of registration
After successful registration, you'll receive a confirmation letter from the Florida Department of State, Division of Corporations, along with any requested certified copies of your fictitious name registration. The confirmation letter is for your own recordkeeping, while the certificates serve as official proof and can be used to:
- Open business bank accounts
- Obtain business licenses and permits
- Enter into contracts under your fictitious name
- Prove legal authority to operate under your DBA
If you registered online, you’ll receive these documents via email within 24 hours. If you submitted a mail application, you’ll receive these documents at the mailing address you provided. Mail may take three to five days for processing.
How much does it cost to file a DBA in Florida?
Here’s an at-a-glance view of the costs involved in registering a fictitious business name in Florida.
- State filing fee: $50
- Publication cost: 70 cents per square inch
- Certificate of fictitious name registration: $30
- Renewal fee: $50
Do I need to renew my DBA in Florida?
Florida DBAs are valid for five years from the year of the original registration. If you registered your fictitious name on June 5, 2025, it expires on December 31, 2030. To continue using your DBA legally, you would need to renew by December 31, 2030.
The Florida Division of Corporations will send a renewal notice to your registered mailing or email address, but it's your responsibility to ensure timely renewal.
Renewal process
- File a renewal application online or submit Form CR4E003 by mail.
- Update any changed information, such as mailing address.
- Pay the $50 renewal fee either electronically or by check payable to Department of State.
- Submit online or mail your form and check to the following address:
Fictitious Name Renewal, Division of Corporations
P.O. Box 1300
Tallahassee, Florida 32302-1300
Consequences of nonrenewal
- Automatic expiration of your fictitious name registration and removal from state records
- Loss of legal authority to operate under the DBA
- Potential legal complications with existing contracts
What happens after I file a DBA in Florida?
You can use your Florida DBA for various aspects of your business, from banking to occupational licenses and more.
Business banking
Once you receive your certificate of fictitious name registration, you can open a business bank account under your DBA name. Don’t forget, though, on top of your DBA paperwork, Florida banks may require all the following to open a new account:
- Business license (if applicable to your business type)
- Federal employer identification number (EIN)
- Personal identification of the business owner or person opening the account
- Initial deposit as required by the bank
Business licenses and permits
Your approved DBA registration allows you to apply for business licenses and permits under your fictitious name. Proof of registration is typically required for county and city licenses, as is the case with a Miami business license. Some professional licenses may have additional name registration requirements, so be sure to check specifics before applying.
Marketing and branding
After registration, you can legally use your fictitious name for:
- Business signage and storefront displays
- Marketing materials and advertisements
- Website and social media domain names
- Business cards and professional materials
- Contracts and agreements (with proper legal entity disclosure)
How to make changes to your Florida DBA
If you need to modify your DBA, you’ll have to cancel your current DBA registration and file a new one. Florida doesn’t allow fictitious name modifications after application and registration, even during renewal. Any changes to the name itself require a new DBA application.
Here’s how to cancel your current DBA and register a new one:
- Download Form CR4E001 and fill out all sections. Sections 1-3 are for your new desired fictitious name, and Section 4 is used to cancel your current registered fictitious name.
- Write a check for $50 payable to the Department of State. (You can also include payment for the certificate of registration.)
- Mail the form to Fictitious Name Registration, PO Box 6327, Tallahassee, FL 32314-1300
Once the new, revised DBA name is approved and registered, you should notify all business partners, banks and vendors. You’ll also need to update your business licenses and permits, as well as your branding and marketing materials.
DBA vs. LLC or corporation in Florida
While an LLCs and corporations are legal business entities in Florida, a DBA is just a name under which a business can operate. Under state law, for any legally recognized business entity to get a DBA, they must provide their registered business name (the one listed in their formation documents). Sole proprietors are the only exception, as they are not legally required to register as an entity in Florida. In short, business formation comes first, and a DBA follows.
| Feature | DBA | LLC | Corporation |
| Personal liability protection | None | Yes | Yes |
| Tax benefits | Pass-through only | Flexible options | Double taxation potential |
| Filing fee | $50 | $125 | $70 |
| Annual requirements | Renewal every 5 years | Annual report ($138.75) | Annual report ($150) |
| Ownership structure | Single owner/entity | Multiple members allowed | Shareholders |
| Management flexibility | Simple | Flexible | Formal structure required |
| Credibility | Moderate | High | Highest |
A single LLC or corporation can register multiple DBAs in Florida. This allows businesses to:
- Operate different divisions under separate names
- Test multiple brand concepts
- Serve different market segments
- Maintain distinct online presences
Each DBA requires a separate $50 filing fee and individual publication requirements.
How LegalZoom can help you get a DBA in Florida
As a busy business owner, you’ve got a lot on your plate. Streamline the DBA registration process by letting LegalZoom help with the Florida application process. We offer name searches, publication, filing assistance, and even a customizable website to accompany your fictitious business name.
FAQs about filing a DBA in Florida
Do I need a DBA to open a business bank account in Florida?
You need a DBA if you want to open a business bank account under a name different from your legal name. For example, if John Smith wants to open an account for "Smith's Auto Repair," he must first register "Smith's Auto Repair" as a fictitious name. Many banks in Florida require a certificate of fictitious name registration before opening accounts under DBA names.
Can I have more than one DBA in Florida?
Yes, you can register multiple DBAs in Florida. Each fictitious name requires a separate registration, $50 filing fee, and publication requirement. This is common for businesses operating multiple divisions or testing different brand concepts.
How long does a DBA last in Florida?
A Florida DBA registration lasts for 5 years from the filing year. You must renew your registration before the expiration date to maintain legal authority to operate under the fictitious name. The Florida Department of State sends renewal notices, but timely renewal is your responsibility.
What happens if I don't file a DBA in Florida?
Operating under a fictitious name without proper registration is a noncriminal violation in Florida, punishable by fines and producing potential legal complications. Additionally, without a certificate of fictitious name registration, you cannot open business bank accounts under the unregistered name, enforce contracts made under the fictitious name, or obtain business licenses under the unregistered name.
Does a DBA protect my business name in Florida?
No, a DBA registration does not provide trademark protection or exclusive rights to the name outside of Florida's fictitious name database. For comprehensive name protection, consider filing for a federal trademark with the US Patent and Trademark Office or a state trade name using Florida’s Application for the Registration of a Trademark or Service Mark.
Can I trademark my DBA name?
Yes, you can apply for federal trademark protection for your DBA name through the US Patent and Trademark Office. Trademark registration provides broader protection than DBA registration and can prevent others from using similar names in commerce. Consider consulting with a trademark attorney for complex applications. You can register a trademark using LegalZoom’s premium trademark registration service.
Do I need a registered agent for a DBA in Florida?
DBAs are not legal business entity registrations, so they themselves do not require a registered agent. However, the business entity applying for the DBA, such as an LLC or a corporation, must have a Florida registered agent on file with the state.
Can I file a DBA online in Florida?
Yes, Florida offers online DBA filing. Online filing is typically faster than mail applications.
What's the difference between a DBA and a trademark?
A DBA allows a business to operate under a fictitious name, while a trademark provides federal or state protection for your business name, logo, or slogan in commerce. DBAs are required for legal operation, while trademarks are optional but provide broader protection.
Where can I get help filing a DBA in Florida?
You can file independently or use professional services like LegalZoom that specialize in business formation and compliance. LegalZoom offers comprehensive DBA filing services, including name searches, publication assistance, and ongoing compliance support to ensure that your Florida DBA registration meets all state requirements.
Sam Eichner contributed to this article.
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