Fictitious Name

A fictitious name, also known as a DBA (“doing business as”) is:

1. Different from your personal name, if doing business as a sole proprietor.
2. Different from your entity’s legal name, if you have incorporated or otherwise formed a separate legal business entity.

The Fictitious Name Act (s.865.09, F.S.) requires any person (which, by definition, includes an individual, as well as a business entity) to register their “fictitious name” or “dba” name with the Florida Department of State prior to conducting business in Florida.

Registration of a fictitious name under the Fictitious Name Act allows:

1. An individual or business to operate under a name other than their legal name.
2. The public searches Florida Department of State Fictitious Name registration section to determine what individual or business is operating under the fictitious name.

Yes, you will receive a confirmation letter (which includes the name registered, assigned registration number and date of registration), as well as any requested certificates.

Yes, if you or your business will be applying for a local occupational license (under section 205.023,F.S.) or transferring a business license (under section 205.033(2) or 205.043(2), F.S).

You must present the county or municipality with:

• A copy of your current fictitious name registration; or
• A written statement explaining why you are not required to comply with the Fictitious Name Act.

NOTE:  Most banks and financial institutions also require proof of registration when opening an account.

It is valid for 5 years and expires on December 31st of the final year.