A Step-by-Step Guide for Business Owners Who Want to Operate Under a Fictitious Name
Have you ever come up with the perfect business name, only to realize it’s not your legal one? In Florida, if you want to run a business under a name that isn’t your full personal name or your registered company’s name, you’ll need a DBA. The state calls this a “fictitious name,” but don’t let the wording fool you—it’s as real as it gets when it comes to branding your business.
So what exactly are the Florida DBA requirements, and how do you file one without making costly mistakes?
Let’s walk through the process step by step. It’s not as intimidating as it sounds, but there are key details you absolutely can’t afford to miss.
What Is a DBA in Florida?
In Florida, a DBA stands for “Doing Business As.” It’s simply a way for individuals or business entities to legally operate under a name different from their own legal name. The official term is “fictitious name registration,” and it’s regulated by the Florida Division of Corporations.
Why does this matter? Imagine trying to open a business bank account, sign a lease, or build a brand under a name that’s not registered. You’ll hit roadblocks every time.
Whether you’re a sole proprietor launching your first side hustle or a seasoned entrepreneur expanding into a new niche, if you plan to use any name other than your legal one, this applies to you.
Who Needs to File a DBA in Florida?
You’d think the rules would vary depending on your business size or structure. They don’t.
Anyone using a name not legally tied to their person or entity must register that name. If your name is Sarah Rivera and your bakery is called “Sunrise Sweets,” you need to register a fictitious name. The same goes for a company called “Rivera Holdings LLC” doing business as “Sunrise Construction.”
The only exception is if your legal name is in your business name in its entirety. “Sarah Rivera Consulting” wouldn’t require registration. But drop your last name, and the state wants it on file.
Step 1: Choose Your Fictitious Name Carefully
The first thing people rush into is picking a business name they love. That’s understandable. But Florida isn’t interested in whether your name sounds catchy. It cares if it’s already in use.
Before anything else, you need to check if the name is available. Head to the Florida Division of Corporations website and search the Fictitious Name Database. If someone else is using the name, or something confusingly similar, choose another. Don’t try to be clever with spelling or punctuation—it won’t get you past the filters.
And no, registering a DBA in Florida does not give you ownership of the name. If you want protection, you’ll need a trademark. That’s a completely different process.
Step 2: Publish a Legal Notice in a Local Newspaper
Most people skip this step. Then they get a notice or fine and wonder what happened.
Florida law requires you to publish a notice of your intention to register a fictitious name at least once in a newspaper that is circulated in the county where your principal business is located.
There’s no central list of approved newspapers, but your local options are usually obvious. You don’t have to submit proof of publication to the state, but it is your legal responsibility to do it. Don’t ignore it. Keep a copy for your records.
This is a one-time requirement. You don’t have to publish again when you renew your DBA later.
Step 3: File Your Fictitious Name Registration
Once you’ve verified your name is available and published your notice, you’re ready to file. This part is straightforward, but you still need to be precise.
Go to the Florida Division of Corporations website and file online through the Fictitious Name Registration Portal. If you prefer paper, you can download the form and mail it, but most people file digitally.
Here’s what you’ll need:
- The exact name you want to register
- The business owner’s name and address
- The business structure (sole proprietorship, LLC, etc.)
- The county of operation
- Confirmation that you published the legal notice
Make sure every detail is correct. If your form is rejected for errors, you’ll have to start again.
Step 4: Pay the Filing Fee
The filing fee is $50, and it’s non-refundable. You’ll have the option to order additional documentation, like:
- A Certificate of Status for $10
- A Certified Copy for $30
These extras aren’t mandatory, but some banks or vendors may ask for them, especially if you’re opening accounts or bidding on contracts.
Once your application and payment are accepted, your DBA is registered. You’ll receive confirmation by email if you filed online. If you mailed your form, expect a longer turnaround time.
Step 5: Don’t Forget to Renew Every Five Years
This catches a lot of people off guard. Florida DBAs don’t last forever. They expire on December 31 of the fifth calendar year after the registration year.
So if you file in July 2025, your DBA will expire December 31, 2030. No matter when you file, it always ends on a five-year cycle, not five years from your registration date.
You’ll need to renew through the same Division of Corporations portal and pay another $50. If you miss the deadline, your name registration lapses. That means someone else could take it.
Set a reminder now. Don’t rely on memory five years from now.
What Happens If You Don’t File a DBA?
There’s no police force kicking down doors for missing a DBA, but the consequences are still serious.
Without a registered fictitious name, you won’t be able to legally enter into contracts under that name. You won’t be able to sue or defend your business in court using the unregistered name. Banks may refuse to open business accounts. Some local governments won’t issue licenses.
And if someone else registers the name you’re using? You’re out of luck. You may have to rebrand entirely.
It’s not worth the risk. Filing is quick and inexpensive.
Common Mistakes to Avoid
Skipping the newspaper notice is probably the most common mistake. People assume digital filings have replaced that requirement, but the law hasn’t changed.
Another mistake is assuming that filing a DBA gives you exclusive rights to a name. It doesn’t. If you want ownership, file a trademark with the United States Patent and Trademark Office.
Don’t forget to update your information if your business address changes. Failing to keep your contact info current can lead to missed renewal notices and expiration.
Do You Need a DBA If You Have an LLC or Corporation?
That depends. If you’re doing business under the exact name of your registered LLC or corporation, then no, you’re fine.
But if “Sunrise Ventures LLC” wants to operate as “Sunrise Marketing” or “Sunrise Solutions,” then yes, a fictitious name registration is required for each variation.
Many Florida businesses use DBAs to market specific services or brands while maintaining a single corporate structure. It’s perfectly legal, as long as each name is registered.
How Long Does It Take?
Online filings are usually processed within 24 to 48 hours. Mailed applications take longer, depending on the state’s workload. If you need to get up and running quickly, the online option is your best bet.
There’s no expedited service for DBAs in Florida, so plan accordingly.
Can You Cancel or Change a DBA?
Yes, you can. If you no longer want to use the name, you can cancel your registration through the same state portal. There’s no refund, but it’s a good idea to officially close the name so others know it’s no longer in use.
If you want to change the name, you’ll need to register a new one and let the old one expire or cancel it manually. The state does not allow direct edits to an existing DBA.
The Bottom Line
Filing a DBA in Florida isn’t difficult, but it’s also not something you can fake your way through. The state expects business owners to follow the rules, even if the process feels minor.
Your business name is your identity. It’s what customers see, remember, and trust. If it’s not legally registered, you’re putting your business at risk from the very beginning.
So take the time to do it right. Search the name. Publish the notice. File the application. Pay the fee. Then mark your calendar for renewal.
It’s not just paperwork. It’s the foundation of your brand in Florida.