Florida Statute 865.9 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 865
VIOLATIONS OF CERTAIN COMMERCIAL RESTRICTIONS

View Entire Chapter

F.S. 865.09

865.09 Fictitious name registration.—

(1) SHORT TITLE.—This section may be cited as the “Fictitious Name Act.”

(2) DEFINITIONS.—As used in this section, the term:

(a) “Business” means any enterprise or venture in which a person sells, buys, exchanges, barters, deals, or represents the dealing in any thing or article of value, or renders services for compensation.

(b) “Division” means the Division of Corporations of the Department of State.

(c) “Fictitious name” means any name under which a person transacts business in this state, other than the person’s legal name.

(d) “Registrant” means a person who registers a fictitious name with the division.

(3) REGISTRATION.—

(a) A person may not engage in business under a fictitious name unless the person first registers the name with the division by filing a registration listing:

1. The name to be registered.

2. The mailing address of the business.

3. The name and address of each registrant.

4. If the registrant is a business entity that was required to file incorporation or similar documents with its state of organization when it was organized, such entity must be registered with the division and in active status with the division; provide its Florida document registration number; and provide its federal employer identification number if the entity has such a number.

5. Certification by at least one registrant that the intention to register such fictitious name has been advertised at least once in a newspaper as defined in chapter 50 in the county in which the principal place of business of the registrant is or will be located.

6. Any other information the division may reasonably deem necessary to adequately inform other governmental agencies and the public as to the registrant so conducting business.

(b) Such registration shall be accompanied by the applicable processing fees and any other taxes or penalties owed to the state.

(c) With respect to a general partnership that is not registered with the division, its partners are the registrants and not the partnership entity. With respect to a general partnership that is registered with the division, the partnership is the registrant, and it must be in active status with the division at the time the registration is filed.

(4) CANCELLATION AND REREGISTRATION.—If a registrant ceases to engage in business under a registered fictitious name, such registrant shall file a cancellation with the division within 30 days after the cessation occurs. If such cessation is in connection with a transfer of the business or, with respect to a general partnership that is not registered with the division, in connection with a transfer by a general partner of all or any part of the general partner’s partnership interest and, as a result, a new person will engage in business under the registered fictitious name, such new person may reregister the name pursuant to subsection (3) at the same time as the cancellation is filed.

(5) TERM.—

(a) A fictitious name registered under this section shall be valid for a period beginning on the date of registration or reregistration and expiring on December 31 of the 5th calendar year thereafter, counting the period from registration or reregistration through December 31 of the year of registration or reregistration as the first calendar year.

(b) Each renewal under subsection (6) is valid for a period of 5 years beginning on January 1 of the year following the prior registration expiration date and expiring on December 31 of the 5th calendar year.

(6) RENEWAL.—

(a) Renewal of a fictitious name registration shall occur on or after January 1 and on or before December 31 of the expiration year. Upon timely filing of a renewal statement, the effectiveness of the name registration is continued for 5 years as provided in subsection (5).

(b) In the year that a registration is to expire, the division shall notify the registrant of the fictitious name registration of the upcoming expiration of the fictitious name no later than September 1. If the registrant of the fictitious name has provided the division with an electronic mail address, such notice shall be by electronic transmission. If the business is a general partnership that is not registered with the division and, thus, there is more than one registrant for the fictitious name, the division need only notify one of the registrants.

(c) If a registrant of the fictitious name registration fails to timely file a renewal and pay the appropriate processing fees on or before December 31 of the year of expiration, the fictitious name registration expires. The division shall remove any expired or canceled fictitious name registration from its records and may purge such registrations. Failure to receive the notice of expiration required by paragraph (b) shall not constitute grounds for appeal of a registration’s expiration or removal from the division’s records.

(d) If a registered fictitious name is prohibited by subsection (14) at the time of renewal, the fictitious name may not be renewed.

(7) EXEMPTIONS.—A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulation or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, limited liability company, partnership, or other business entity that is organized or registered and in active status with the division is not required to register its name pursuant to this section, unless the name under which business is to be conducted differs from the name as licensed or registered.

(8) EFFECT OF REGISTRATION.—Notwithstanding any other law, registration under this section is for public notice only, and does not give rise to a presumption of the registrant’s rights to own or use the name registered, nor does it affect trademark, service mark, trade name, or corporate or other business entity name rights previously acquired by others in the same or a similar name. Registration under this section does not reserve a fictitious name against future use.

(9) PENALTIES.—

(a) If a business fails to comply with this section, neither the business nor the person or persons engaging in the business may maintain any action, suit, or proceeding in any court of this state with respect to or on behalf of such business until this section is complied with. An action, suit, or proceeding may not be maintained in any court of this state by any successor or assignee of such business on any right, claim, or demand arising out of the transaction of business by such business in this state until this section has been complied with.

(b) The failure of a business to comply with this section does not impair the validity of any contract, deed, mortgage, security interest, lien, or act of such business and does not prevent such business from defending any action, suit, or proceeding in any court of this state. However, a party aggrieved by a noncomplying business may be awarded reasonable attorney fees and court costs necessitated by the noncomplying business.

(c) Any person who fails to comply with this section commits a noncriminal violation as defined in s. 775.08, punishable as provided in s. 775.083.

(10) POWERS OF DIVISION.—The division is granted the power reasonably necessary to enable it to administer this section efficiently and to perform the duties herein imposed upon it.

(11) FORMS.—Registration, cancellation, and renewal shall be made on forms prescribed by the division, which may include the uniform business report, pursuant to s. 606.06, as a means of satisfying the requirement of this section.

(12) PROCESSING FEES.—The division shall charge and collect nonrefundable processing fees as follows:

(a) For registration of a fictitious name, $50.

(b) For cancellation or cancellation and reregistration of a fictitious name, $50.

(d) For furnishing a certified copy of a fictitious name registration document, $30.

(e) For furnishing a certificate of status, $10.

(13) DEPOSIT OF FUNDS.—All funds required to be paid to the division pursuant to this section shall be collected and deposited into the General Revenue Fund.

(14) PROHIBITION.—A fictitious name registered as provided in this section may not contain the following words, abbreviations, or designations:

(a) “Corporation,” “incorporated,” “Corp.,” or “Inc.,” unless the person or business for which the name is registered is incorporated or has obtained a certificate of authority to transact business in this state pursuant to chapter 607 or chapter 617.

(b) “Limited partnership,” “limited liability limited partnership,” “LP,” “L.P.,” “LLLP,” or “L.L.L.P.,” unless the person or business for which the name is registered is organized as a limited partnership or has obtained a certificate of authority to transact business in this state pursuant to ss. 620.1101-620.2205.

(c) “Limited liability partnership,” “LLP,” or “L.L.P.,” unless the person or business for which the name is registered is registered as a limited liability partnership or has obtained a certificate of authority to transact business in this state pursuant to s. 620.9102.

(d) “Limited liability company,” “LLC,” or “L.L.C.,” unless the person or business for which the name is registered is organized as a limited liability company or has obtained a certificate of authority to transact business in this state pursuant to chapter 605.

(e) “Professional association,” “PA,” “P.A.,” or “chartered,” unless the person or business for which the name is registered is organized as a professional corporation pursuant to chapter 621, or is organized as a professional corporation pursuant to a similar law of another jurisdiction and has obtained a certificate of authority to transact business in this state pursuant to chapter 607.

(f) “Professional limited liability company,” “PLLC,” “P.L.L.C.,” “PL,” or “P.L.,” unless the person or business for which the name is registered is organized as a professional limited liability company pursuant to chapter 621, or is organized as a professional limited liability company pursuant to a similar law of another jurisdiction and has obtained a certificate of authority to transact business in this state pursuant to chapter 605.

(15) LEGAL DESIGNATION OF ENTITY.—Notwithstanding any other law to the contrary, a fictitious name registered as provided in this section for a corporation, limited liability company, limited liability partnership, or limited partnership is not required to contain the designation of the type of legal entity in which the person or business is organized, including the terms “corporation,” “limited liability company,” “limited liability partnership,” “limited partnership,” or any abbreviation or derivative thereof.

History.—ss. 1-5, ch. 20953, 1941; s. 1, ch. 26760, 1951; s. 1, ch. 67-209; s. 35, ch. 70-134; s. 1121, ch. 71-136; s. 1, ch. 85-64; s. 1, ch. 90-267; s. 2, ch. 94-87; s. 253, ch. 94-218; s. 90, ch. 95-211; s. 1397, ch. 97-102; s. 240, ch. 98-166; s. 11, ch. 99-218; s. 32, ch. 99-285; s. 2, ch. 2000-298; s. 14, ch. 2003-401; s. 25, ch. 2009-72; s. 16, ch. 2010-117; s. 110, ch. 2013-18; s. 74, ch. 2014-209; s. 1, ch. 2017-47; s. 284, ch. 2019-90.

F.S. 865.09 on Google Scholar

F.S. 865.09 on CourtListener

Amendments to 865.09

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 865.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

S865.09 - FRAUD - FICTITIOUS NAME REQUIREMENT FAIL TO REGISTER - M: S

Cases Citing Statute 865.09

Total Results: 45

Joseph Richard Redner v. Charles S. Dean, Sheriff of Citrus County, Florida, Robert A. Butterworth

29 F.3d 1495, 1994 U.S. App. LEXIS 23252, 1994 WL 419484

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 1994 | Docket: 167120

Cited 72 times | Published

fictitious name and the county of registration under Section 865.09, Florida Statutes (1987); (3) whether

Movie & Video World, Inc. v. Board of County Commissioners

723 F. Supp. 695, 1989 U.S. Dist. LEXIS 12310, 1989 WL 120556

District Court, S.D. Florida | Filed: Oct 11, 1989 | Docket: 1197703

Cited 25 times | Published

fictitious name and the county of registration under Section 865.09, Florida Statutes (1985), all legal names,

Lorenzo v. Murphy

32 So. 2d 421, 159 Fla. 639, 1947 Fla. LEXIS 921

Supreme Court of Florida | Filed: Nov 7, 1947 | Docket: 3272717

Cited 22 times | Published

had not been registered in accordance with Section 865.09, Florida Statutes of 1941. To this amendment

Bayside Enterprises, Inc. v. Carson

470 F. Supp. 1140, 1979 U.S. Dist. LEXIS 12322

District Court, M.D. Florida | Filed: May 17, 1979 | Docket: 794019

Cited 17 times | Published

business name and the county of registration under Section 865.09, Florida Statutes; (3) whether any of the individuals

City of Winter Park v. Montesi

448 So. 2d 1242

District Court of Appeal of Florida | Filed: Apr 26, 1984 | Docket: 429422

Cited 9 times | Published

the claim that the city failed to file under section 865.09, Florida Statutes (1981), the Fictitious Name

Largo Village Shopping Center, Inc. v. Ruby's Florida, Inc. (In Re Ruby's Florida, Inc.)

11 B.R. 171, 1981 Bankr. LEXIS 3993

United States Bankruptcy Court, M.D. Florida | Filed: Apr 2, 1981 | Docket: 1855913

Cited 9 times | Published

publication, a notice in compliance with Fla.Stat. § 865.09 (1979) stating that it intends to engage in business

Clifford Ragsdale, Inc. v. Morganti, Inc.

356 So. 2d 1321

District Court of Appeal of Florida | Filed: Apr 4, 1978 | Docket: 1478501

Cited 9 times | Published

comply with the "fictitious name statute," Section 865.09, Florida Statutes (1975). February 13, 1976

Aronovitz v. Stein Properties

322 So. 2d 74

District Court of Appeal of Florida | Filed: Nov 4, 1975 | Docket: 1734679

Cited 9 times | Published

Stein Properties was not registered pursuant to § 865.09, Fla. Stat., F.S.A., the Florida Fictitious Name

Cor-Gal Builders, Inc. v. Southard

136 So. 2d 244

District Court of Appeal of Florida | Filed: Jan 4, 1962 | Docket: 1495059

Cited 9 times | Published

failed to comply with the Fictitious Name Law, Fla. Stat. 865.09, F.S.A. The appellee, as plaintiff below,

Cotton Ginny, Ltd. v. Cotton Gin, Inc.

691 F. Supp. 1347, 10 U.S.P.Q. 2d (BNA) 1108, 1988 U.S. Dist. LEXIS 650, 1988 WL 77921

District Court, S.D. Florida | Filed: Jan 28, 1988 | Docket: 1391474

Cited 8 times | Published

fictitious name statute in November 1981. Fla.Sta.Ann. § 865.09 (West 1976). Pursuant to the terms of this Agreement

Dragstrem v. Butts

370 So. 2d 416

District Court of Appeal of Florida | Filed: Apr 24, 1979 | Docket: 1482286

Cited 8 times | Published

failed to comply with the fictitious name statute. § 865.09, Fla. Stat. (1977). However, appellant did not

Freedom Savings & Loan Ass'n v. Way

583 F. Supp. 544, 223 U.S.P.Q. (BNA) 852, 1984 U.S. Dist. LEXIS 17741

District Court, M.D. Florida | Filed: Apr 10, 1984 | Docket: 1169362

Cited 6 times | Published

publishing notices in accordance with Fla.Stat. § 865.09 on November 12, 1976. Until that date, plaintiff

ROBINSON & ST. JOHN AD. AND PUBLIC RELATIONS, INC. v. Lane

557 So. 2d 908, 1990 WL 19947

District Court of Appeal of Florida | Filed: Mar 5, 1990 | Docket: 2040827

Cited 5 times | Published

compliance with the Florida Fictitious Name Statute, Section 865.09, Florida Statutes. Appellant entered two contracts

Roth v. Nautical Engineering Corp.

654 So. 2d 978, 1995 WL 238654

District Court of Appeal of Florida | Filed: Apr 26, 1995 | Docket: 1710368

Cited 4 times | Published

complied with the fictitious name statute, section 865.09 of the Florida Statutes. The purpose of the

The Florida Bar v. Fuentes

190 So. 2d 748, 1966 Fla. LEXIS 3314

Supreme Court of Florida | Filed: Oct 12, 1966 | Docket: 1313368

Cited 4 times | Published

Affidavits under the Fictitious Name Statute, § 865.09, Florida Statutes. "(f) He has prepared Notices

Worm World, Inc. v. IRONWOOD PRODUCTIONS

917 So. 2d 274, 2005 WL 3454081

District Court of Appeal of Florida | Filed: Dec 19, 2005 | Docket: 447758

Cited 3 times | Published

business under an unregistered fictitious name. See § 865.09(9)(b), Fla. Stat. (2001); Phillips v. Hoke Constr

EASTERN CEILING & SUPPLY CORP., INC. v. Powerhouse Insulation, Inc.

589 So. 2d 383, 1991 Fla. App. LEXIS 11271, 1991 WL 235156

District Court of Appeal of Florida | Filed: Nov 13, 1991 | Docket: 1441565

Cited 3 times | Published

prosecuting or defending a case." However, section 865.09 was amended in 1985 to eliminate the provision

Homeco Developments v. Markborough Properties, Ltd.

709 F. Supp. 1137, 1989 U.S. Dist. LEXIS 3177, 1989 WL 29330

District Court, S.D. Florida | Filed: Mar 3, 1989 | Docket: 1156354

Cited 3 times | Published

maintain an action in any Florida court. Fla.Stat. § 865.09(5)(a) (1987). Saturn Hereditaments, however, is

Williams v. Hardy

468 So. 2d 429, 10 Fla. L. Weekly 1083

District Court of Appeal of Florida | Filed: May 2, 1985 | Docket: 1401695

Cited 3 times | Published

to comply with the fictitious name statute, section 865.09, Florida Statutes, came too late and was properly

Cruse v. Wilson

92 So. 2d 270

Supreme Court of Florida | Filed: Jan 23, 1957 | Docket: 1389969

Cited 3 times | Published

Premier Finishes, Inc. v. Maggirias

130 So. 3d 238, 2013 WL 6050873, 2013 Fla. App. LEXIS 18153

District Court of Appeal of Florida | Filed: Nov 15, 2013 | Docket: 60237693

Cited 2 times | Published

fictitious name is valid and enforceable. See § 865.09(9)(b), Fla. Stat. (2010); Worm World, Inc. v.

Sealy v. Perdido Key Oyster Bar & Marina, LLC

88 So. 3d 366, 2012 WL 1623515, 2012 Fla. App. LEXIS 7345

District Court of Appeal of Florida | Filed: May 10, 2012 | Docket: 60308260

Cited 2 times | Published

“William Sealy Architects,” as required by section 865.09(9)(a), Florida Statutes (2007); and that the

Solomon v. Betras Plastics, Inc.

550 So. 2d 1182, 1989 WL 129785

District Court of Appeal of Florida | Filed: Nov 2, 1989 | Docket: 1718625

Cited 2 times | Published

attached to Craben's initial noncompliance with section 865.09, Florida Statutes (1987), would have been misplaced

Bank of America, N.A. v. Nash

200 So. 3d 131, 2016 Fla. App. LEXIS 6973, 2016 WL 2596015

District Court of Appeal of Florida | Filed: May 6, 2016 | Docket: 3063757

Cited 1 times | Published

Division of Corporations of the Department of State. § 865.09(3), Fla. Stat. (2005). If a business fails to

Inquiry Concerning a Judge, No. 11-550 Re Judith W. HAWKINS

151 So. 3d 1200, 39 Fla. L. Weekly Supp. 652, 2014 Fla. LEXIS 3220, 2014 WL 5470745

Supreme Court of Florida | Filed: Oct 30, 2014 | Docket: 2590625

Cited 1 times | Published

name under the Florida Fictitious Name Act, section 865.09, Florida Statutes, although she later did so

Royal Atlantic Health Spa, Inc. v. B.L.N., Inc.

677 So. 2d 1385, 1996 Fla. App. LEXIS 8865, 1996 WL 471147

District Court of Appeal of Florida | Filed: Aug 21, 1996 | Docket: 64766563

Cited 1 times | Published

Lane, 557 So.2d 908, 909 (Fla. 1st DCA 1990) (section 865.09 designed to provide notice of identities of

Jackson v. Jones

423 So. 2d 972, 1982 Fla. App. LEXIS 22193

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 64594086

Cited 1 times | Published

was pled nor was there any other reference to Section 865.09, Florida Statutes (1979). June to December

Colonial Restaurant Corp. v. State Department of Commerce

248 So. 2d 494, 1971 Fla. App. LEXIS 6524

District Court of Appeal of Florida | Filed: May 26, 1971 | Docket: 64520563

Cited 1 times | Published

pursuant to the Fictitious Name Statute (F.S. section 865.09, F.S.A.) reflecting that Colonial Restaurant

Chaikin v. Skolnick

201 So. 2d 588

District Court of Appeal of Florida | Filed: May 9, 1967 | Docket: 1658122

Cited 1 times | Published

sole question involved on this appeal concerns Section 865.09, Florida Statutes, F.S.A., commonly known as

Back to Mind Chiropractic A/A/O Darren Cooper v. Geico General Insurance Company

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69833940

Published

subject matter jurisdiction over the lawsuit. Section 865.09, the Fictitious Name Act, defines a fictitious

Michael Gulisano v. Burlington, Inc.

Court of Appeals for the Eleventh Circuit | Filed: May 12, 2022 | Docket: 63305042

Published

first register the name with the State. Fla. Stat. § 865.09(3)(a). State rec- ords show that “Burlington,

THE SCHUMACHER GROUP OF DELAWARE, INC. v. FRITZ DICTAN, etc.

District Court of Appeal of Florida | Filed: Sep 8, 2021 | Docket: 60368591

Published

business in Florida, including as any “d/b/a.” See § 865.09(3)(a) (“A person may not engage in business under

ARTHUR J. MORBURGER v. J. REPORTING, INC., etc.

District Court of Appeal of Florida | Filed: Apr 21, 2021 | Docket: 59840424

Published

Reporting to plead and prove compliance with section 865.09, Florida Statutes, known as the “Fictitious

Wesner v. JMS Marinas, LLC

224 So. 3d 912, 2017 Fla. App. LEXIS 12128, 2017 WL 3642886

District Court of Appeal of Florida | Filed: Aug 25, 2017 | Docket: 6143751

Published

with Florida’s registration requirements. See § 865.09(9)(a), Fla. Stat. (2014). Maximo Harborage eventually

Progressive Express Insurance Co. v. Hartley

21 So. 3d 119, 2009 Fla. App. LEXIS 16129, 2009 WL 3485998

District Court of Appeal of Florida | Filed: Oct 30, 2009 | Docket: 60259874

Published

renew the fictitious name as required under section 865.09(6)(a), Florida Statutes (1998). Although the

Dr. Fred Hatfield's Sport-Strength Training Equipment Co. v. Balik

174 F.R.D. 496, 1997 U.S. Dist. LEXIS 9952, 1997 WL 392012

District Court, M.D. Florida | Filed: Jul 3, 1997 | Docket: 66315615

Published

Sufficient Services and for Failure to Comply with Section 865.09(9)(a), Florida Statutes, (Dkt.5), and attached

In re Tonico Manufacturing Co.

101 B.R. 317, 1989 Bankr. LEXIS 987, 19 Bankr. Ct. Dec. (CRR) 936, 1989 WL 67487

United States Bankruptcy Court, M.D. Florida | Filed: Jun 12, 1989 | Docket: 65779814

Published

Tonico Corporation never complied with Fla.Stat. § 865.09 which governs the use of fictitious names in this

Dieter v. B & H Industries of Southwest Florida, Inc.

683 F. Supp. 1345, 1988 U.S. Dist. LEXIS 6502, 1988 WL 32094

District Court, M.D. Florida | Filed: Apr 6, 1988 | Docket: 66653331

Published

a fictitious trade name, pursuant to Fla.Stat. § 865.09, in Pinellas County in September of 1971. See

Shaw v. Ibero-American Trade Corp.

402 So. 2d 84, 1981 Fla. App. LEXIS 20895

District Court of Appeal of Florida | Filed: Aug 18, 1981 | Docket: 64584560

Published

PER CURIAM. Appellant Shaw, in compliance with § 865.09, Florida Statutes (1979), Fictitious Name Statute

Melendez v. Starr

377 So. 2d 217, 211 U.S.P.Q. (BNA) 275, 1979 Fla. App. LEXIS 16138

District Court of Appeal of Florida | Filed: Nov 13, 1979 | Docket: 64573009

Published

filed under Florida’s fictitious name statute [Section 865.09, Florida Statutes (1971)] in the name of American

Medsen Development, Inc. v. Bryant

376 So. 2d 423, 1979 Fla. App. LEXIS 16048

District Court of Appeal of Florida | Filed: Oct 23, 1979 | Docket: 64572602

Published

provisions of the Fictitious Name Statute, Section 865.09, Fla.Stat. (1975). We reverse. While the appellants

Gordon v. Russo

284 So. 2d 447, 1973 Fla. App. LEXIS 6524

District Court of Appeal of Florida | Filed: Oct 9, 1973 | Docket: 64535123

Published

PER CURIAM. Affirmed on the authority of Section 865.09 Florida Statutes, F.S.A. Cor-Gal Builders, Inc

Sparks v. Porter

270 F. Supp. 953, 1967 U.S. Dist. LEXIS 8746

District Court, N.D. Florida | Filed: Jul 14, 1967 | Docket: 66042558

Published

defendants on the ground that the provisions of Section 865.09, Florida Statutes, has not been complied with

Milling v. Berg

104 So. 2d 658

District Court of Appeal of Florida | Filed: Aug 1, 1958 | Docket: 60190663

Published

under the Florida Fictitious Name Law, F.S.A. § 865.09. Under the Florida rules in cases of this sort

Moulton v. United States

109 F. Supp. 507, 43 A.F.T.R. (P-H) 301, 1953 U.S. Dist. LEXIS 3215

District Court, N.D. Florida | Filed: Jan 14, 1953 | Docket: 65999678

Published

parties also complied with the requirements of Section 865.09, F.S.A. as to the creation of these partnerships