How to Get a DBA Name in Florida 2024: A Complete Guide

How to Get a DBA Name in Florida

If you want to use a different name other than the legal name for your business in Florida, you must file a DBA (Doing Business As) name. The public, specifically your potential customers, will recognize your business by its registered legal name. Using a trade name or DBA in marketing and sales can help your Florida LLC reach a wider audience.

Florida, also known as The Sunshine State, has specific regulations for filing a DBA name. However, these regulations can vary depending on your business structure. At LLCBase, we understand that forming a business can be an overwhelming experience, so we are here to help you every step of the way. This article will provide the essential steps to obtain a DBA Name in Florida.

What is a DBA

A DBA, which stands for “Doing Business As,” is a name under which a business operates that differs from its legal name. It is also known as a trade, assumed, or fictitious name. A DBA allows business owners, such as sole proprietors, general partnerships, limited liability companies (LLCs), and corporations, to conduct business under a separate name without creating a new legal entity.

Registering a DBA is important for several reasons, including legal compliance, branding, and customer recognition. The process for obtaining a DBA varies by jurisdiction and may require filing with a state or county government office. Researching local regulations and following the steps to register your DBA name properly is essential.

Understanding DBA Names in Florida

You must choose a name when you form an LLC or any business structure. Every company has a legal name. For example, a partnership or sole proprietorship might operate under the legal name of the company’s owner or owners. The name specified in the Articles of Incorporation or Articles of Organization can be used by any business entity, including corporations, limited liability companies (LLCs), and others.

There are situations when you may decide not to use your company’s registered legal name in Florida for various reasons. Your company’s legal name might not be relevant to your business or no longer accurately describe it. Alternatively, you might want a new name without changing your incorporation or registration documents.

If you plan to start your business in Florida under a name other than your personal name or an existing corporate name, you must file a DBA name with Florida state, regardless of the type of business entity you have incorporated as (sole proprietor, partnership, corporation, or LLC).

There are no restrictions on how many DBA names you can use for your business. However, each DBA name must be filed with the state where you conduct business. This is necessary because the general public has a legal right to know whether a specific individual or company is operating under a name other than their legal name.

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How to Obtain a DBA Name in Florida

Want to obtain a DBA name in Florida? Simply follow these easy-peasy steps, and you’ll be well on your way to securing that perfect “doing business as” name in no time!

Step 1: Check Name Availability

Before filing a DBA in Florida, ensuring that no other business is already using your chosen name is crucial. To confirm name availability in Florida, search the Florida Department of State Division of Corporations database provided by the Florida Secretary of State. This step is important to avoid potential legal issues and confusion for customers.

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Step 2: Choose a DBA Name

In Florida, fictitious names cannot be identical or too similar. A DBA should avoid deceiving the public by appearing confusingly similar to any other business name. When choosing a DBA name, ensure it follows the guidelines and restrictions the Florida government sets. These guidelines may include avoiding certain words or phrases, such as those related to banking, insurance, or professional designations, without proper authorization.

Step 3: Register the Florida DBA Name

Once you have determined that the name is available for registration, complete the required forms provided by your county or the Florida Secretary of State. You must register your DBA name in the county where you intend to conduct business. In most Florida counties, specific information is required, such as the company’s name, organization type, and description of the products or services to be provided under the Fictitious Name. Carefully complete the necessary forms and ensure all information is accurate and complete.

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Step 4: Submit the Application

To file the Florida DBA Name, you must apply to the Florida Secretary of State or the appropriate county office. In Florida, you can file the DBA name using various methods, such as (three methods, online, by mail, and in person filing.). The cost of filing the Fictitious Name (DBA name) in Florida is $50 Processing Fee, $10 Certificate of Status, $30 Certified Copy. This fee may vary depending on the method of filing or the specific county where you are registering your DBA name.

  • Online: For online filing, check the Sunbiz Fictitious Name portal. There, look for the “Trade Names” section. You will get the registration form.
  • Offline: For filing offline, you must send the downloaded PDF form or drop it off in person at the Fictitious Name Registration, P.O. Box 6327, Tallahassee, FL 32314

Step 5: Use the Florida DBA Name

Once your DBA name is registered and approved, you can use it in your business operations. Be prepared to provide three “specimens” demonstrating the Trade Name used, such as business cards, booklets, flyers, labels, or stickers. These specimens may be requested by the Florida Secretary of State or the county office as proof of usage. Properly displaying your DBA name in your marketing materials, signage, and other business documents is essential to ensure customers and clients know your new trade name.

Following these steps, you can obtain a DBA name in Florida and use it to enhance your business’s visibility and reach.

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DBA Name in Florida: A Detailed Guide

Read the comprehensive guide to renewing and changing a DBA name in Florida:

Renewing a DBA Name in Florida

It is essential to renew your DBA name periodically to maintain its validity. In most states, renewing a DBA name follows the same process as filing a new DBA name. Every five years, you should renew your Florida DBA to ensure continued compliance with state regulations.

To renew your DBA name in Florida, follow these steps:

  1. Check the renewal deadline: Be aware of the renewal deadline for your DBA name, typically every five years. Missing the deadline may result in penalties or loss of your trade name rights.
  2. Complete the renewal application: Obtain the renewal application from the Florida Secretary of State or the appropriate county office. Fill out the required information, including updates on your business address, contact information, and a description of the products or services provided under the Fictitious Name.
  3. Submit the renewal application: Submit the completed renewal application to the Florida Secretary of State or the appropriate county office by the deadline. Be prepared to pay the renewal fee, which may vary depending on the method of submission or the specific county where you are renewing your DBA name.
  4. Receive confirmation: Once your renewal has been processed and approved, you will receive confirmation from the Florida Secretary of State or the county office. Keep this documentation for your records.

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Changing a DBA Name in Florida

If you need to change your Trade Name (DBA or Fictitious Name), apply to the Florida Secretary of State (SOS) or the appropriate county office. The process for changing a trading name is similar to registering a new DBA. You can reserve your DBA name for five years.

To change your trade name in Florida, follow these steps:

  1. Check name availability: Before applying for a new trade name, ensure that another business still needs to use the desired name. Search the Florida Government Records Inquiry System or the Florida Department of State Division of Corporations database provided by the Florida Secretary of State to confirm business name availability in Florida.
  2. Complete the change application: Obtain the trade name change application from the Florida Secretary of State or the appropriate county office. Fill out the required information, including the current and new trade names you wish to use.
  3. Submit the change application: Submit the completed change application to the Florida Secretary of State or the appropriate county office. Be prepared to pay the change fee, which may vary depending on the submission method or the county where you change your DBA name.
  4. Receive confirmation: Once your trade name change has been processed and approved, you will receive confirmation from the Florida Secretary of State or the county office. Keep this documentation for your records and update all relevant business materials with the new trade name.

FAQs

What does DBA stand for?
DBA stands for “doing business as.”
Do I need a DBA name in Florida?
If you plan on conducting business under a name different from your own legal name in Florida, you need to file for a DBA name.
Can I file for a DBA name in Florida online?
Yes, you can file for a DBA name in Florida online through the Florida Division of Corporations website.
How much does it cost to get a DBA name in Florida?
The fee for registering a DBA name in Florida is $50.
How long does it take to get a DBA name in Florida?
It can take several weeks to get a DBA name in Florida, depending on the processing time of the Division of Corporations.
Can I use a DBA name to open a bank account in Florida?
Yes, after registering your DBA name, you can use it to open a business bank account in Florida.
Do I need to renew my DBA name in Florida?
Yes, you need to renew your DBA name in Florida every five years.
What if someone else is using the DBA name that I want in Florida?
If someone else is using the DBA name that you want in Florida, you may need to choose another name or seek legal advice.
Is my DBA name protected by trademark in Florida?
No, registering a DBA name in Florida does not provide trademark protection.
Can I change my DBA name in Florida?
Yes, you can change your DBA name in Florida by filing an Amendment to Registration of Fictitious Name.
Can a non-US resident apply for a DBA name in Florida?
Yes, non-US residents can apply for a DBA name in Florida.
Does applying for a DBA name in Florida require any documentation?
No, there is no documentation required to apply for a DBA name in Florida.
Can I have more than one DBA name in Florida?
Yes, you can have more than one DBA name in Florida, but you need to file a separate registration for each name.
Can I use my spouse’s name as my DBA name in Florida?
Yes, you can use your spouse’s name as your DBA name in Florida.
Can I use a generic name as my DBA name in Florida?
Yes, you can use a generic name as your DBA name in Florida.
Do I need to have a physical office in Florida to apply for a DBA name?
No, there is no requirement to have a physical office in Florida to apply for a DBA name.
Can I operate under a DBA name as a sole proprietor in Florida?
Yes, you can operate under a DBA name as a sole proprietor in Florida.
Do I need to collect sales tax under my DBA name in Florida?
Yes, if you sell taxable goods or services under your DBA name in Florida, you need to collect sales tax.
Can I get a DBA name if I already have a business entity registered in Florida?
Yes, you can get a DBA name even if you already have a business entity registered in Florida.
Can I have a DBA name as an LLC in Florida?
Yes, an LLC can have a DBA name in Florida.
Can I use a personal name as my DBA name in Florida?
Yes, you can use your personal name as your DBA name in Florida.
Can I trademark my DBA name in Florida?
Yes, you can apply for a trademark for your DBA name in Florida.
What are the consequences for not registering my DBA name in Florida?
If you do not register your DBA name in Florida, you may lose the right to bring a court action under that name.
How do I check if my DBA name is available in Florida?
You can search the Florida Division of Corporations website to check if your DBA name is available.
Can I reserve a DBA name in Florida?
No, you cannot reserve a DBA name in Florida.
Do I need to publish my DBA name in Florida?
No, there is no requirement to publish your DBA name in Florida.
Can I change my registered agent when filing for a DBA name in Florida?
No, you cannot change your registered agent when filing for a DBA name in Florida.
How long is my DBA name valid in Florida?
Your DBA name is valid for five years in Florida.
Can I use my DBA name in other states besides Florida?
Yes, you can use your DBA name in other states, but you need to check the requirements for each state.
What is a DBA name?
A DBA name is a “doing business as” name that allows you to conduct business under a name other than your own personal or legal name.
Who needs a DBA name in Florida?
Anyone conducting business under a name other than their own legal or personal name needs a DBA name in Florida.
How can I check if my desired DBA name is available in Florida?
You can check the availability of a DBA name in Florida by searching the Florida Division of Corporations online database.
How do I file for a DBA name in Florida?
To file for a DBA name in Florida, you must submit a Fictitious Name Registration form to the Florida Division of Corporations.
What is required to file for a DBA name in Florida?
To file for a DBA name in Florida, you will need to provide the proposed name, a description of the business, and the address of the business.
Can I file for a DBA name online in Florida?
Yes, you can file for a DBA name online in Florida through the Florida Division of Corporations website.
Is there a fee to file for a DBA name in Florida?
Yes, there is a $50 fee to file for a DBA name in Florida.
How long does it take to process a DBA name registration in Florida?
The processing time of a DBA name registration in Florida typically takes up to 14 business days.
How long is a DBA name registration valid in Florida?
A DBA name registration is valid for 5 years in Florida.
What happens when a DBA name registration expires in Florida?
When a DBA name registration expires in Florida, you will need to submit a renewal form to the Florida Division of Corporations to renew the registration.
Can I make changes to my DBA name registration in Florida?
Yes, you can make changes to your DBA name registration in Florida by submitting an amended registration form to the Florida Division of Corporations.
What changes require an amended DBA name registration in Florida?
Changes that require an amended DBA name registration in Florida include a change in business ownership, a change in business address, and a change in the DBA name itself.
Do I need a separate tax ID number for my DBA name in Florida?
No, you can use the same tax ID number for your DBA name in Florida as you do for your legal name.
Can I operate multiple businesses under the same DBA name in Florida?
No, you need to register a separate DBA name for each business you operate in Florida.
Can I transfer my DBA name registration to another person in Florida?
No, DBA name registrations cannot be transferred in Florida.
Do I need to publish notice of my DBA name registration in Florida?
You are not required to publish notice of your DBA name registration in Florida; however, it is recommended that you do so.
What legal risks are associated with not registering a DBA name in Florida?
Not registering a DBA name in Florida can lead to legal consequences such as fines and penalties.
Can an LLC have a DBA name in Florida?
Yes, an LLC can have a DBA name in Florida.
Can a sole proprietor have multiple DBA names in Florida?
Yes, a sole proprietor can have multiple DBA names in Florida as long as they are for separate businesses.
Can a corporation have a DBA name in Florida?
Yes, a corporation can have a DBA name in Florida.
Can I obtain a trademark for my DBA name in Florida?
Yes, you can obtain a trademark for your DBA name in Florida.
Are there any restrictions on the use of certain words in a DBA name in Florida?
Yes, certain words and phrases may be restricted or prohibited from use in a DBA name in Florida.
Do DBA names provide legal protection to businesses in Florida?
No, registering a DBA name in Florida does not provide legal protection to a business.
Do I need to renew my DBA name registration if I change my business address in Florida?
No, you do not need to renew your DBA name registration if you change your business address in Florida.
Can I cancel my DBA name registration in Florida?
Yes, you can cancel your DBA name registration in Florida by submitting a cancellation form to the Florida Division of Corporations.
Can I apply for a DBA name registration by mail in Florida?
Yes, you can apply for a DBA name registration by mail in Florida.

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Conclusion

Navigating obtaining, renewing, or changing a DBA name in Florida is essential to managing your business’s identity and growth. Following the outlined steps and adhering to state regulations ensures your business remains compliant and continues to thrive. Remember, a well-chosen trade name reflects your brand identity and helps you connect with your target audience more effectively. As your business evolves, it’s crucial to stay adaptable and responsive to the ever-changing market conditions, and having a suitable DBA name is a significant part of that journey.

So, embrace the opportunity to create a professional and friendly image for your business, and let your DBA name be the catalyst for success. Visit LLCBase today to access valuable resources and guidance tailored to your business needs.

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