Registering a fictitious name, also known as a DBA (Doing Business As), in Florida is mandatory for individuals or businesses operating under a name different from their legal name. This process, governed by the Florida Fictitious Name Act, is overseen by the Florida Department of State.
DBA registration enables the public to easily identify the individual or entity behind a specific business name, fostering transparency and informed consumer decisions.
Registering a DBA doesn’t grant ownership or rights to the name, nor does it prevent others from using or registering the same DBA. It simply serves as a public record of the trade name’s use.
You can register a DBA online through the Florida Department of State’s Sunbiz website or submit an application by mail. Online payments are accepted via credit card (MasterCard, Visa, Discover, and American Express). Mail-in applications can be paid by check or money order.
Certain exemptions from DBA registration exist, including licensed attorneys establishing a law practice in Florida, businesses registered with the Department of Business and Professional Regulation, and legal entities registered with the Department of State.
Failure to register a DBA is a violation and subject to penalties. Therefore, compliance with the Fictitious Name Act is crucial if you’re conducting business in Florida under a name other than your legal name.
You are responsible for ensuring no name infringements occur when registering a DBA. The Florida Department of State is not liable for any potential name violations.
DBA registrations are valid for five years, expiring on December 31st of the final year. Renewals can be processed online or by mail.
The DBA registration process is generally straightforward. However, consulting with an attorney or accountant for legal, accounting, and tax advice is recommended if you have questions or concerns.
You can also contact the Florida Department of State’s Division of Corporations Fictitious Name Registration section for further assistance.
Registering a DBA is a vital step in establishing a legitimate business presence in Florida. By adhering to the Fictitious Name Act’s procedures, you ensure your business complies with state law and operates transparently.
