Fictitious name (DBA) registration allows a business in Florida to operate under a name that differs from its official legal name (the name that was used when the company was formed).
For example, let’s say you have an LLC called Sally’s Burgers LLC that you use for your burger store, Sally’s Burgers, but you want to rebrand your offering to hotdogs? Well, you can use a fictitious name to operate as Sally’s Hotdogs without having to set up a new LLC.
[Note that a DBA in Florida is officially known as a “Fictitious Name”.]
Filing for a fictitious name gives small business owners and startups freedom to choose their business name without having the costs and complexity of registering multiple LLCs or corporations.
There are many circumstances in which you might want to use a fictitious name for branding your business.
But, please note, a fictitious name (also known as a DBA or trade name in some states) doesn’t provide legal protection for your personal assets in the way an Limited Liability Company (LLC) does.
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Do You Need a Florida Fictitious Name for your Business Entity?
Before you follow the steps below to get a fictitious name in Florida, it’s important to be clear on whether or not it is required for the type of business entity you are operating:
Sole proprietors – a sole proprietor and their business are effectively the same in terms of name, so sole traders do need a fictitious name if they want to operate under a different business name. For example if a sole trader called Garret Smith wants to operate as Garrett’s Mowing, they need a fictitious name.
LLCs and Corporations – the same principle applies to these business entities. If corporations or limited liability companies want to operate under a different business name than the official registered name, they need to get a fictitious name. For example, if you had an LLC called Garrett Smith Holdings and want to operate as Garret’s Mowing, you would need a fictitious name.
How to Get a Fictitious Name in Florida
Here is our step-by-step guide to getting a fictitious name in Florida.
The process is very easy and is explained in these three steps.
- Do a search via the Florida Department of State’s business entity search website to see if the fictitious name you want is available.
- Check that your fictitious name is available as a domain name (optional)
- File your fictitious name application
- Pay the filing fees
Step 1: Do a Fictitious Name Search in Florida
Your fictitious name must be unique (i.e., not taken by someone else) and it must meet the state’s requirements for business names.
Once you have a name in mind, you can use the Florida Department of State’s Sunbiz.org website at https://dos.myflorida.com/sunbiz/search/ to see if it is available.
Once you’ve ensured it is not already in use, then you need to check that it meets the state’s naming requirements.
Step 2: Check if your name is available as a web domain
This is a practical step rather than a legal requirement. If you are doing business today it is pretty much certain you will need a website, so it makes sense to check if your name, or a variant of it, is available as a domain for you to put a website on. You can check if your preferred domain is available here: godaddy.com/domains
Chances are the exact match of your domain may not be available, so you might have to get a bit creative.
Hints:
- Try to get the .com version of the domain if you can as .org or .net aren’t as suitable for businesses
- Don’t just insert a hyphen between words. It doesn’t look professional
- Sometimes a quirky word (“guru”, “school” or “base”) makes for a good brand/domain.
Step 3: Register your Florida fictitious name
To register your fictitious name in Florida, you need to file a Fictitious Name Registration with the Florida Department of State. This can be done online through the Sunbiz.org website or by mail.
To file online, visit: https://dos.myflorida.com/sunbiz/start-business/efile/fl-fictitious-name-registration/
You’ll need to provide the following information:
- The fictitious name you want to register
- The mailing address of the business
- The name and address of each owner and, if a corporation, its Federal Employer Identification Number (FEIN)
- The Florida county (or counties) where the business is or will be operating
- Certification that you have advertised the intention to register the fictitious name at least once in a newspaper in the county where the principal place of business is located
The filing fee for registering a fictitious name in Florida is $50.
Florida fictitious name registrations are valid for five years and must be renewed before they expire to maintain your rights to the name.
Another Option: Get Bizee to File Your Fictitious name/DBA for Free
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After You get a Fictitious Name For Your Limited Liability Company or other entity
Once you have your fictitious name, your business is almost up and running. Here are a few things to consider as next steps to get fully operational.
Create a website for your business: Pretty much all businesses need a website these days and it is often an advantage (although not essential) to have social media pages too.
Set up a bank account for your business entity: Keeping your own finances separate from your LLC’s finances is important and the only way to do that is by operating a separate bank account for the LLC. We recommend Mercury Bank as a great online banking option, although you can bank with the traditional bricks and mortar banks too.