Florida fictitious name filing guide

Florida calls this filing a fictitious name registration, and the Division of Corporations notes it is also known as a "doing business as" or "dba."

The governing law is the Fictitious Name Act, section 865.09 of the Florida Statutes, administered by the Florida Department of State's Division of Corporations through its Sunbiz filing system.

Florida is structurally simple compared with many states: every filer — sole proprietor, general partnership, LLC, or corporation — registers at the state level with the Division of Corporations, because the Act applies to any "person," a term that includes individuals and business entities alike, who transacts business under a name other than the legal name.

One nuance: for a general partnership that is not registered with the division, the individual partners are the registrants rather than the partnership itself.

Before registering, the name must be advertised at least once in a newspaper as defined in chapter 50, Florida Statutes, in the county of the principal place of business; no proof of advertisement is filed, but the applicant certifies it in the signature block.

Registration is a public-notice filing only — it grants no ownership or exclusive rights to the name and does not reserve it against future use.

Certain applicants are exempt, including businesses formed by actively licensed Florida attorneys or professionals licensed by the Department of Business and Professional Regulation or the Department of Health, and entities already registered and in active status with the division that do business under their registered name.

Florida offers two official paths, both run by the Division of Corporations.

The online path is the Sunbiz E-File fictitious name registration application, payable by credit card (MasterCard, Visa, Discover and American Express) or a prepaid Sunbiz E-File Account; online filers receive a confirmation letter by email within 24 hours of the registration posting on Sunbiz.

The paper path is Form CR4E001, the Application for Registration of Fictitious Name, which can be completed as a fillable PDF or printed and completed in blue or black ink, signed, and mailed with a check or money order payable to the Florida Department of State, in U.S. currency drawn from a U.S. bank, to Fictitious Name Registration, PO Box 6327, Tallahassee, FL 32314-1300.

The non-refundable processing fee for registration is $50; a certificate of status is an additional $10 and a certified copy an additional $30.

The application asks for the fictitious name, the business mailing address, the Florida county of the principal place of business, and the name, address, and Florida document and FEI numbers of each owner; business-entity owners must be registered and in active status with the division.

Remember the statutory precondition: the name must already have been advertised once in a chapter 50 newspaper in the county of the principal place of business, which the signer certifies on the form.

A Florida fictitious name registration is valid for a period beginning on the date of registration and expiring on December 31 of the 5th calendar year thereafter, with the year of registration counting as the first year.

Renewal occurs on or after January 1 and on or before December 31 of the expiration year, by the same $50 fee, online or by mail using the division's renewal application (CR4E003); the renewal form must be postmarked by December 31 of the 5th year.

The division notifies registrants of the upcoming expiration no later than September 1 of the expiration year, by email if an email address is on file, but failure to receive the notice is not grounds to appeal an expiration.

An expired fictitious name cannot be renewed or reinstated — a new registration is required.

Changes are handled by cancellation and reregistration rather than amendment: the fictitious name itself cannot be changed on a renewal, so a new or altered name requires completing Sections 1-4 of the CR4E001 application to simultaneously cancel and re-register for $50.

An owner can be changed on the renewal application, and a business address can be changed at no charge by writing the division.

When a registrant ceases to do business under the name, the statute requires filing a cancellation within 30 days; the fee for cancellation or cancellation and reregistration is $50.

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Search the Sunbiz records to see how the name is already in use, arrange the one-time advertisement in a newspaper as defined in chapter 50, Florida Statutes, in the county of your principal place of business, then file online through the Sunbiz E-File fictitious name registration application or download Form CR4E001, sign it, and mail it with the $50 fee to the Division of Corporations in Tallahassee.

Keep the confirmation letter: counties and municipalities can require proof of registration before issuing or transferring a local occupational license, and the division notes that most banks and financial institutions ask for it when opening an account.

Plan for the December 31 expiration in the fifth year and keep your mailing and email address current so the renewal notice reaches you.

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