Florida Fictitious Name Registration

What a Fictitious Name Registration Actually Does

If you're running a business in Florida under any name that isn't your legal name, state law requires you to register that name with the Division of Corporations. This is what Florida calls a "fictitious name registration" — other states call it a DBA ("doing business as") or trade name.

Florida Statute § 865.09 makes this mandatory. A sole proprietor named Maria Rodriguez who sells baked goods as "Sunshine Kitchen Co." must register "Sunshine Kitchen Co." as a fictitious name. Without it, she technically can't enforce contracts under that business name, and banks won't open a business account for it.

For home food businesses and cottage food operations, this is usually the first formal business filing you'll make — and at $50, it's one of the cheapest.

How to File on Sunbiz

Florida's Division of Corporations runs everything through Sunbiz.org, the state's online corporate filing portal. Here's the process:

Step 1: Search for name availability. Go to Sunbiz.org and use the "Fictitious Name Search" tool. Type in your proposed business name and check the state's records. The name doesn't need to be globally unique — it just can't duplicate an existing fictitious name or be deceptively similar to a registered corporation or LLC in the state.

Step 2: Publish a newspaper notice. Before you can file, Florida law requires you to publish a one-time notice of your intent to use the fictitious name in a newspaper of general circulation in the county where your principal place of business is located. This is a holdover from old public-notice requirements. Many local newspapers offer legal notice publishing for $15 to $40, and some have online submission forms that make this painless. Sunbiz says proof of advertisement is not required; you certify that the name was advertised when you sign the application.

Step 3: File online through Sunbiz. Go to the e-file portal at efile.sunbiz.org, select "Fictitious Name Registration," and fill out the form. You'll provide your legal name, business address, the fictitious name you want to register, and the date of the newspaper advertisement. The filing fee is $50, payable by credit card during the online submission.

Step 4: Receive your registration. Processing typically takes one to three business days for online filings. Once approved, your fictitious name appears in the Sunbiz database and you can use it for business purposes — opening bank accounts, signing contracts, printing labels, and applying for local business tax receipts.

Fictitious Name vs. LLC: Which Do You Need

This is the decision point that confuses most Florida home food entrepreneurs. A fictitious name registration and an LLC filing serve fundamentally different purposes:

Fictitious name ($50) — Lets you operate under a trade name. You remain a sole proprietor (or partnership). Your personal assets and business assets are legally the same thing. If someone sues your business, they're suing you personally. Simple, cheap, fast.

LLC ($125) — Creates a separate legal entity. When filed and maintained properly, an LLC shields your personal assets (home, savings, car) from business liabilities. If a customer files a product liability claim against your cottage food business, they can go after the LLC's assets but not your personal ones — assuming you've kept the entity properly separated.

For cottage food operators making occasional sales at farmers' markets, a fictitious name registration is often sufficient in the early days. But once you're generating consistent revenue, carrying inventory, and selling to the public regularly, the liability protection of an LLC becomes worth the extra $75 in filing fees plus the $138.75 annual report fee.

The Florida Cottage Food & Home Food Business Guide includes a decision framework for choosing between a DBA and LLC based on your revenue level, product type, and risk tolerance.

Costs and Renewal Timeline

Here's what you'll pay:

Fictitious name registrations in Florida are valid for five years and expire on December 31 of the final year. There's no annual renewal during that period — renew by the expiration deadline if you're still using the name. If you let it lapse, someone else can register the same name.

For comparison, an LLC costs $125 to form and requires a $138.75 annual report filed through Sunbiz each year. Miss the annual report deadline (May 1) and the state charges a $400 late fee. Miss it entirely, and the LLC gets administratively dissolved.

Common Mistakes to Avoid

Filing before publishing the newspaper notice. The Sunbiz form asks you to certify that the name was advertised. Publish before filing and keep any publisher record for your files; Sunbiz does not require proof of advertisement with the application.

Using a name too similar to an existing LLC or corporation. The fictitious name search only checks other fictitious names. Run a separate entity search on Sunbiz to make sure your desired name doesn't conflict with a registered corporation or LLC — using a confusingly similar name can trigger a cease-and-desist from the other business.

Forgetting to update after moving. If you change your business address, you need to amend the registration. This matters for cottage food operators because your label must show the physical address where the food was prepared. If you move, both your labels and your Sunbiz registration need updating.

Assuming the fictitious name gives you liability protection. It doesn't. A DBA is a transparency tool — it tells the public who's behind the business name. Only an LLC or corporation creates a legal barrier between your personal assets and business obligations.

How This Connects to Your Food Business

For cottage food operators specifically, the fictitious name registration connects to several other compliance steps:

Label requirements. Florida Statute § 500.80(3) mandates that your label display the name and physical address of the business. If you're operating under a fictitious name, that's the name that goes on the label — and it needs to match your Sunbiz registration.

Local business tax receipt. When you apply for a BTR from your city or county tax collector, they'll ask for your business name. Having a registered fictitious name or LLC streamlines this process.

Bank accounts. Most banks require either a fictitious name registration or LLC paperwork to open a business checking account. Keeping business finances separate from personal finances makes gross sales tracking much simpler when you're monitoring your $250,000 annual cap.

EIN from the IRS. If you form an LLC (or hire employees under a sole proprietorship), you'll need an Employer Identification Number. You can get one free at irs.gov — the application takes about 10 minutes and the EIN is issued immediately for online applications.

See more Florida guides →