When Must a Florida Business Register a Fictitious Name?

The registration lists the fictitious name, the mailing address of the business, and the name and address of each owner. If an owner is a business entity, the filing also lists its Florida document number and federal employer identification number. The registrant certifies that the name has been advertised at least once in a newspaper in the county where the principal place of business is located.

Some businesses are exempt. The statute exempts a business formed by an actively licensed Florida attorney, or by a person actively licensed by the Department of Business and Professional Regulation or the Department of Health to practice that profession. An entity in active status with the Division of Corporations is also exempt. The exemptions do not apply if the business operates under a name different from the licensed or registered name.

A registration provides public notice only. It does not give any rights to the name. The registration expires on December 31 of the fifth calendar year and may be renewed during that final year. A registrant that stops doing business under the name must file a cancellation within 30 days after it stops, under section 865.09(4).

Failing to register has consequences. A business that has not registered may not maintain an action in a Florida court until it complies, though it may still defend a lawsuit, and its contracts remain valid. Noncompliance is also a noncriminal violation. Forming an LLC is a separate step covered in Florida LLC formation.