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Florida Statute 865.09 | Lawyer Caselaw & Research
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The 2024 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.
(c) For renewal of a fictitious name registration, $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 Casetext

Amendments to 865.09


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



Annotations, Discussions, Cases:

Cases Citing Statute 865.09

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2021-09-08

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2021-04-21

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

Wesner v. JMS Marinas, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-08-25

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

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

Bank of America, N.A. v. Nash

Court: District Court of Appeal of Florida | Date Filed: 2016-05-06

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

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

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

Court: Supreme Court of Florida | Date Filed: 2014-10-30

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

Snippet: under the Florida Fictitious Name Act, section 865.09, Florida Statutes, although she later did so. When

Premier Finishes, Inc. v. Maggirias

Court: District Court of Appeal of Florida | Date Filed: 2013-11-15

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

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

Sealy v. Perdido Key Oyster Bar & Marina, LLC

Court: District Court of Appeal of Florida | Date Filed: 2012-05-10

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

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

Progressive Express Insurance Co. v. Hartley

Court: District Court of Appeal of Florida | Date Filed: 2009-10-30

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

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

Worm World, Inc. v. IRONWOOD PRODUCTIONS

Court: District Court of Appeal of Florida | Date Filed: 2005-12-19

Citation: 917 So. 2d 274, 2005 WL 3454081

Snippet: name without first registering it. See §§ 865.09(3), 865.09(9)(c), Fla. Stat. (2001); Mo. Ann. Stat. §

Ago

Court: Florida Attorney General Reports | Date Filed: 1996-10-09

Snippet: prevent the lots from being contiguous. 8 78 So.2d at 865. 9 Id. 10 Black's Law Dictionary Contiguous p. 320

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

Court: District Court of Appeal of Florida | Date Filed: 1996-08-21

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

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

Roth v. Nautical Engineering Corp.

Court: District Court of Appeal of Florida | Date Filed: 1995-04-26

Citation: 654 So. 2d 978, 1995 WL 238654

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

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

Court: District Court of Appeal of Florida | Date Filed: 1991-11-13

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1990-03-05

Citation: 557 So. 2d 908, 1990 WL 19947

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

Solomon v. Betras Plastics, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1989-11-02

Citation: 550 So. 2d 1182, 1989 WL 129785

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

Williams v. Hardy

Court: District Court of Appeal of Florida | Date Filed: 1985-05-02

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

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

City of Winter Park v. Montesi

Court: District Court of Appeal of Florida | Date Filed: 1984-04-26

Citation: 448 So. 2d 1242

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

Jackson v. Jones

Court: District Court of Appeal of Florida | Date Filed: 1982-12-08

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

Snippet: pled nor was there any other reference to Section 865.09, Florida Statutes (1979). June to December, 1980:

Ago

Court: Florida Attorney General Reports | Date Filed: 1981-12-11

Snippet: applicants. The use of such names is regulated by s. 865.09, F.S., which requires that a person doing business

Shaw v. Ibero-American Trade Corp.

Court: District Court of Appeal of Florida | Date Filed: 1981-08-18

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

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