How to Get a DBA Name in Florida | A Step-By-Step Guide

Have you been wondering how to obtain a DBA in The Sunshine State for your Limited Liability Company? If you are, then you are on the right page. Doing Business As (DBA) names, also known as trade names, fictitious names, or assumed names, are an essential aspect of businesses in Florida. A DBA name allows companies to operate under a name different from their legal business name. This name is important for branding, marketing, and legal purposes. This article will provide a comprehensive guide on Getting a DBA name in Florida.

Webinarcare Editorial Team will help you understand how to get a DBA name in Florida. You must be guided by all the factors gathered in this article.

What is a DBA Name?

A DBA (Doing Business As) name in Florida is a name under which a business operates that is different from its legal name. It is also known as a trading, fictitious, or assumed name. A DBA name allows companies to conduct Florida Business and market themselves under a separate name from their legal business name. Registering a DBA name in Florida provides businesses with branding, marketing, and legal benefits while also helping to prevent other businesses from using the same or a similar name within the state. The process of obtaining a DBA name in Florida may vary depending on the type of business and the state’s specific regulations.

Example of a DBA

An example of a DBA (Doing Business As) can be illustrated through a fictional scenario involving a sole proprietor named John Smith. Let’s say John owns a bakery business and wants to operate it under a different name rather than using his own name.

Legal Business Name: John Smith (sole proprietor)

DBA Name: Sweet Treats Bakery

In this case, John would register “Sweet Treats Bakery” as his DBA name. By doing so, he can legally conduct his bakery business using the name “Sweet Treats Bakery” for branding, marketing, and legal purposes, instead of using his own name, John Smith. This allows John to establish a professional identity for his bakery and distinguish it from other businesses.

How to Get a DBA Name?

Starting a business in Florida can be exciting and challenging. One crucial step in establishing your business’s identity is choosing and registering a Doing Business As (DBA) name. Here are the steps that you should take to obtain a DBA.

Step 1: Choose a Unique and Appropriate Name

The first step in registering a DBA name is selecting a unique and appropriate name for your business. Your chosen name should be easy to remember and represent your business’s products or services.

Consider the following tips when choosing a DBA name:

Avoid using names too similar to existing businesses, as this may lead to confusion and potential legal issues.
Stay away from names that may be considered offensive or misleading.
Research Florida naming requirements, as some have specific restrictions on what words and phrases can be included in a business name.

Step 2: Conduct a Name Search

Once you have chosen a suitable name for your business, conducting Florida Business Name Search is essential to ensure the name is not already used. In Florida, they have an online business name database that you can search, usually found on the Florida Department of State Division of Corporations. Sometimes, you may also need to check with your local county clerk’s office to ensure the name is not already used at the county level.

If your chosen name is already in use, select a different name and repeat the search until you find an available name.

Step 3: Register the DBA Name

After confirming that your chosen name is available, the next step is registering your DBA name with the appropriate state or county agency. The registration process varies by state, so it is crucial to research Florida’s specific requirements.

In Florida, you will need to complete a DBA registration form, which can often be found on Florida Secretary of State website. Florida may require additional documentation, such as proof of business ownership or a Business License.

When filling out the registration form, provide accurate and complete information. Any errors or omissions may lead to delays in processing or even the rejection of your application.

Step 4: Pay the Registration Fee

A fee is typically associated with registering a DBA name. In Florida, there are three methods, online, by mail, and in person filing., which costs around $50 Processing Fee, $10 Certificate of Status, $30 Certified Copy. There is five years in filing for the initial DBA. Sometimes, there may be separate fees for Florida DBA registrations. Be prepared to pay these fees when submitting your registration form.

Step 5: Publish a Notice of Your New DBA Name (If Required)

Florida requires you to publish a notice of your new DBA name in a local newspaper. This step will inform the public of your intention to operate under a fictitious name.

The notice must typically include your DBA name, legal business name, business address, and owner’s name. You may need to provide proof of publication to Florida or the county agency responsible for DBA registrations.

Step 6: Obtain Any Necessary Permits or Licenses

Depending on your Florida business’s nature and location, you may need additional permits or licenses to operate under your DBA name.

The permits and licenses required for your business will depend on your business’s nature, location, and local and state regulations. Here are some common types of permits and licenses that might be required when operating under a DBA:

Business License: A general business license may be required in Florida to operate your business legally. This license ensures your business meets local zoning, safety, and regulatory requirements. In Florida, the costs of obtaining a business license range from $50 – $300.
Sales Tax Permit: If your business sells taxable goods or services, you may need a Sales Tax Permit from Florida Department of Revenue.
Professional Licenses: Depending on your business type, you may need specific professional licenses or certifications. For example, if you are operating a restaurant, you may need a food handler’s permit; if you offer professional services such as accounting or legal services, you may need a professional license from Florida state board. DBA filing requires professional licenses if you operate a General Partnership or provide a service.
Health and Safety Permits: Businesses in certain industries, such as food service, may require health and safety permits to ensure compliance with state and local regulations.
Zoning Permits: Depending on your business location and the type of business you are operating, you may need a zoning permit from your local planning or zoning department.
Environmental Permits: If your business involves activities that could impact the environment, you may need permits from Florida state or federal environmental agencies.

Step 7: Renew Your DBA Registration as Needed

In Florida, you are required to renew your DBA registration periodically. This renewal process may involve completing a renewal form, paying a renewal fee, and sometimes republishing the notice of your DBA name. Stay up-to-date with your state’s renewal requirements to maintain your DBA name and avoid penalties.

Maintaining the DBA Name

Once your DBA name is registered and published (if required), it is essential to maintain it to remain in good standing with Florida. Here are some important aspects to consider:

Renewal or Expiration: Depending on Florida’s regulations, your DBA name registration may expire or need to be renewed periodically. Keep track of these deadlines to avoid losing your DBA name.
Updating Business Information: If your business undergoes significant changes (such as a change in ownership or address), you may need to update your DBA name registration with the appropriate agency.
Canceling or Discontinuing the DBA Name: If you decide to stop using your DBA name or close your business, notify the appropriate agency and follow any required procedures for canceling or discontinuing the name.

Is a DBA in Florida the same as a Trade Name?

Yes, in Florida, a DBA (Doing Business As) is the same as a trading name. Both terms refer to a name under which a business operates differently from its legal name. A DBA or trade name allows companies to conduct business and market themselves using a different name from their legal business name. Other terms for DBA or trade name include fictitious name and assumed name. Registering a DBA or trade name in Florida may vary depending on the type of business and the state’s specific regulations.

Do I need to register my Florida DBA in the Internal Revenue Service?

No, you do not need to register your DBA (Doing Business As) name in Florida with the Internal Revenue Service (IRS). The registration of a DBA is typically done at the state or local level, depending on the specific regulations of Florida. The IRS is not involved in the DBA registration process.

However, once your DBA is registered in Florida, you may need to obtain an Employer Identification Number (EIN) from the IRS if your business has employees, operates as a corporation or partnership, or meets certain tax-filing requirements.

Do I need to file for a DBA if I already have Florida Registered Business Name?

If you already have a registered business name in Florida and you plan to conduct business using that exact name, you do not need to file for a DBA (Doing Business As). A DBA is required when a business wants to operate under a name different from its legal business name.

However, you must file for a DBA if you have a registered business name and wish to conduct business under a different name. This applies to sole proprietorships, partnerships, limited liability companies (LLCs), and corporations that intend to use a name other than their legally registered name.

FAQs

What is a DBA name in Florida?

A DBA name stands for “doing business as” and is an alternative name that a business, individual, or partnership can use for legal and branding purposes.

Who needs to register a DBA name in Florida?

Any person or business that operates under a name different from their legal name in Florida must register a DBA name with the Florida Division of Corporations.

Do I need a DBA name in Florida even if I operate my business under my own name?

No, if you operate your business under your legal name, you don’t need to register a DBA name in Florida.

How do I register a DBA name in Florida?

You can register a DBA name in Florida by filing a form called the Fictitious Name Registration with the Florida Division of Corporations.

Is my DBA name protected by trademark in Florida?

No, registering a DBA name in Florida doesn’t give you trademark rights to that name.

How much does it cost to register a DBA name in Florida?

The registration fee for a DBA name in Florida is $50.

How long does it take to get a DBA name registered in Florida?

The turnaround time for a DBA name registration in Florida is about 3 to 5 business days.

Do I have to renew my DBA name in Florida?

Yes, you have to renew your DBA name registration every 5 years in Florida.

Can I change my DBA name in Florida?

Yes, you can amend your DBA name registration in Florida by filing a form and paying a fee.

What happens if I don’t register a DBA name in Florida?

Operating under an unregistered name in Florida can lead to legal and financial consequences, including fines and being held liable for debts and damages.

Can I use my DBA name in other states besides Florida?

Yes, you can generally use your DBA name in other states, but you may have to register it with each state’s appropriate agency.

What is a certificate of status in Florida?

A certificate of status in Florida is a document that confirms your business is in good standing with the state.

Do I need a certificate of status to register a DBA name in Florida?

No, you don’t need a certificate of status to register a DBA name in Florida, but it’s a good idea to have one to demonstrate your business’s good standing.

Can I register a DBA name online in Florida?

Yes, you can file your DBA name registration online through the Florida Division of Corporations website.

How do I check the availability of a DBA name in Florida?

You can use the Florida Division of Corporations’ online database to search for available DBA names.

Can I use a DBA name that is similar to an existing business name in Florida?

No, you are prohibited from using a DBA name that is too similar to another business name in Florida to avoid confusion among consumers.

Do I have to publish my DBA name in Florida?

Yes, you have to publish a notice of your DBA name registration in a newspaper in the county where your business operates.

Can I change the composition of my partnerships while still using my DBA name in Florida?

Yes, Florida law allows changes in partnership composition as long as the new partners agree to be bound by the original partnership agreement.

Can I use a DBA name for a nonprofit organization in Florida?

Yes, nonprofit organizations in Florida can use a DBA name if they file a Fictitious Name Registration form.

How do I cancel my DBA name registration in Florida?

You can cancel your Florida DBA name registration by filing a Certificate of Cancellation of Fictitious Name.

Can I transfer my DBA name registration to someone else in Florida?

No, DBA name registrations in Florida are not transferable.

Do I need a separate EIN for my DBA name in Florida?

No, you can use your existing Employer Identification Number (EIN) for your DBA name in Florida.

How do I update my DBA name information in Florida?

You can update your DBA name registration by filing an Amendment to Fictitious Name Registration with the Florida Division of Corporations.

Are DBA names subject to state sales tax in Florida?

No, DBA names are not subject to state sales tax in Florida.

Are there any residency requirements for registering a DBA name in Florida?

No, there are no residency requirements to register a DBA name in Florida.

Can I cancel my Florida DBA name registration before the expiration date?

Yes, you can cancel your DBA name registration in Florida at any time before the expiration date by filing a Certificate of Cancellation of Fictitious Name.

Can I use a DBA name for an LLC in Florida?

Yes, LLCs in Florida can use a DBA name if they file a Fictitious Name Registration form.

What if a person or business is using my DBA name in Florida without my permission?

You may be able to take legal action against them for infringing on your trademark or violating your business’s intellectual property rights.

Can I register multiple DBA names in Florida for the same business entity?

Yes, you can register multiple DBA names for the same business entity in Florida by filing a Fictitious Name Registration form for each name.

Conclusion

Obtaining a DBA name in Florida is crucial for many businesses, providing branding, marketing, and legal benefits. By following the steps outlined in this comprehensive guide, you can successfully register a DBA name in Florida and enhance your business’s credibility and recognition in the market. Remember to stay up-to-date with Florida’s rules and regulations surrounding DBA names, and maintain your registration to ensure your business remains compliant.