How to File a DBA in Florida
In Florida a DBA is a Fictitious Name you register in one statewide filing with the Division of Corporations for $50, after advertising it once in a local newspaper. Attorney review available.
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Introduction
Florida makes you advertise a DBA in a newspaper before you can register it, a step most states do not require; the registration itself, called a Fictitious Name, lets a person or business use a name different from the owner's legal name and creates no separate legal entity. Unlike states that file at the county level, Florida uses one statewide registration. You file the Application for Registration of Fictitious Name (Form CR4E001) with the Florida Division of Corporations (Sunbiz), part of the Department of State, and the fee is $50 (Fla. Stat. 865.09). There is no separate county filing and no county-set fee, so the $50 is the same across Florida. Before you register, at least one registrant must certify that the intention to register the fictitious name has been advertised at least once in a newspaper in the county where the principal place of business is located (Fla. Stat. 865.09(3)(a)5.). Registering a fictitious name does not create a corporation or an LLC, does not shield the owner from liability, and does not give a trademark or an exclusive right to the name. A Florida fictitious name registration is valid until it expires on December 31 of the 5th calendar year after you register, and you renew it for another five years for a $50 fee (Fla. Stat. 865.09(5)(a), (6)(a)). DocDraft builds your Florida fictitious name application from your facts, with attorney review available before you file.
Key Things to Know
- 1
Florida files a DBA, called a Fictitious Name, once statewide with the Division of Corporations for a $50 fee rather than county by county. It is a business name different from the owner's legal name, and it creates no separate legal entity.
- 2
You register in one statewide filing with the Florida Division of Corporations (Sunbiz) using the Application for Registration of Fictitious Name, Form CR4E001 (Fla. Stat. 865.09). Florida has no county-level DBA filing.
- 3
The filing fee is $50, the same across Florida. There is no county-set fee, so you do not pay a different amount depending on where in the state your business is located.
- 4
Before registering, at least one registrant must certify that the intention to register the fictitious name has been advertised at least once in a newspaper in the county of the principal place of business (Fla. Stat. 865.09(3)(a)5.).
- 5
A Florida fictitious name registration expires on December 31 of the 5th calendar year after you register. You renew it for another five years for a $50 fee, filed on or after January 1 and on or before December 31 of the expiration year (Fla. Stat. 865.09(5)(a), (6)(a)).
- 6
A DBA does not give you any ownership of or exclusive right to the name, and it does not limit your liability. A sole proprietor with a fictitious name is still personally responsible for the business.
- 7
You must register a fictitious name in Florida before you engage in business under a name that is different from your legal name, because Florida law can bar an unregistered business from maintaining a court action until it registers.
Key decisions before you file
Before you file a DBA (Doing Business As) in Florida, a few decisions shape the document: which option to choose and what each one means. The DBA (Doing Business As) guide walks through them.
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Florida Requirements for DBA (Doing Business As)
File Statewide With the Division of Corporations
In Florida a DBA is a fictitious name registered in one statewide filing with the Florida Division of Corporations (Sunbiz), not with a county clerk (Fla. Stat. 865.09). Florida has no county-level DBA filing.
Form CR4E001 and the 50 Dollar Fee
You register using the Application for Registration of Fictitious Name, Form CR4E001, and pay a 50 dollar fee. The fee is the same across Florida because there is no county-set fee, and you can file online or by mail.
The Fictitious Name
The exact fictitious name to register. It must not include a word such as Corporation, Incorporated, LLC, or Limited unless the registrant is that type of entity, and registration is required before doing business under a name that differs from the legal name.
Registrant and Owners
The full legal name and address of the registrant, the type of registrant, and the name and address of each additional owner. For a general partnership, every partner is listed, and at least one registrant signs the application.
County of Principal Place of Business
The county where the principal place of business is located. This county controls where the required newspaper advertisement of the fictitious name is published before you register.
Newspaper Advertisement Before Registering
At least one registrant must certify that the intention to register the fictitious name has been advertised at least once in a newspaper in the county of the principal place of business, as required before registration (Fla. Stat. 865.09).
Five-Year Term Expiring December 31
A Florida fictitious name registration expires on December 31 of the 5th calendar year after registration (Fla. Stat. 865.09). Renew it for another five years for a 50 dollar fee, filed on or after January 1 and on or before December 31 of the expiration year.
No Entity, No Trademark, No Liability Shield
A Florida DBA is only a name registration. It creates no separate legal entity, gives no exclusive right or trademark in the name, and does not limit the personal liability of a sole proprietor or general partner.