Florida Statutes

Fla. Stat. § 865.09 (2025)

Fictitious name registration.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 865.09

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§865.09FRAUDFICTITIOUS NAME REQUIREMENT FAIL TO REGISTERM · 2nd

Notes of Decisions

Cited in 62 cases (11 in the last 5 years), 1947–2026 · leading case: Robinson & St. John Ad. & Pub. Relations, Inc. v. Lane, 557 So. 2d 908 (Fla. 1st DCA 1990).

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Robinson & St. John Ad. & Pub. Relations, Inc. v. Lane, 557 So. 2d 908 (Fla. 1st DCA 1990). · cites it 9× “This cause is before us on appeal from a final judgment which absolved appellee from contract liability as an agent based on the corporate principal's compliance with the Florida Fictitious Name Statute, Section 865.09, Florida Statutes. Appellant entered two contracts to serve…”

Bank of Am., N.A. v. Nash, 200 So. 3d 131 (Fla. 5th DCA 2016). · cites it 4× “§ 865.09(3), Fla. Stat. (2005). If a business fails to comply, *135 it and any successors or assigns may not maintain any action, suit, or proceeding in any court.”

Inquiry Concerning a Judge, No. 11-550 Re Judith W. HAWKINS, 151 So. 3d 1200 (Fla. 2014). · cites it 4× “It is also undisputed that Judge Hawkins failed to register her unincorporated business name under the Florida Fictitious Name Act, section 865.09, Florida Statutes, although she later did so.”

Movie & Video World, Inc. v. Bd. of Cnty. Commissioners, 723 F. Supp. 695 (S.D. Fla. 1989). · cites it 4× “if the applicant intends to conduct the establishment under a name other than that of the applicant, the applicant shall state the establishment’s fictitious name and the county of registration under Section 865.09, Florida Statutes (1985), all legal names, dates of birth, and…”

Joseph Richard Redner v. Charles S. Dean, Sheriff of Citrus Cnty., Florida, Robert A. Butterworth, 29 F.3d 1495 (11th Cir. 1994). · cites it 2× “names and capacity of all officers, directors and principal stockholders, and, if applicable, the name of the registered corporate agent and the address of the registered office for service of process; (2) if the applicant intends to conduct the establishment under a name other…”

Michael Gulisano v. Burlington, Inc., 34 F.4th 935 (11th Cir. 2022). “Fla. Stat. § 865.09 (3)(a). State rec- ords show that “Burlington, Inc.”

Aronovitz v. Stein Props., 322 So. 2d 74 (Fla. 3d DCA 1975). · cites it 6× “The record further shows that the name Stein Properties was not registered pursuant to § 865.09, Fla. Stat., F.S.A., the Florida Fictitious Name Statute.”

E. CEILING & SUPPLY CORP., INC. v. Powerhouse Insulation, Inc., 589 So. 2d 383 (Fla. 4th DCA 1991). · cites it 6× “" However, section 865.09 was amended in 1985 to eliminate the provision that a non-complying party could not defend an action.”

Kendyl D. Starosta v. MBNA Am. Bank, N.A., 244 F. App'x 939 (11th Cir. 2007). · cites it 3× “Since Borack’s office is not organized as a professional service corporation, Starosta argues that the use of that abbreviation not only violates Florida’s fictitious name registration statute, Fla. Stat. § 865.09 (14), and Rule 4-7.10 of the Florida Rules of Professional…”

Bayside Enter., Inc. v. Carson, 470 F. Supp. 1140 (M.D. Fla. 1979). · cites it 2× “ll name of the partnership and the names of all the partners, whether general or limited, or (iii) a corporation, the exact corporate name and state of incorporation and the names of all the officers, directors and principal stockholders; (2) if the business is to be conducted…”

Worm World, Inc. v. Ironwood Prods., 917 So. 2d 274 (Fla. 1st DCA 2005). · cites it 3× “See §§ 865.09(3), 865.09(9)(c), Fla. Stat. (2001); Mo.”

Clifford Ragsdale, Inc. v. Morganti, Inc., 356 So. 2d 1321 (Fla. 4th DCA 1978). · cites it 2× “November 18, 1975 Defendants filed a motion to abate for failure of the plaintiff to comply with the "fictitious name statute," Section 865.09, Florida Statutes (1975). February 13, 1976 Trial court dismissed plaintiff's complaint and granted plaintiff until March 15, 1976…”

Show all 62 citing cases →

— 865.09(2)(b) — 1 case

Aronovitz v. Stein Props., 322 So. 2d 74 (Fla. 3d DCA 1975). “The record further shows that the name Stein Properties was not registered pursuant to § 865.09, Fla. Stat., F.S.A., the Florida Fictitious Name Statute.”

— 865.09(2)(c) — 2 cases

Back to Mind Chiropractic A/A/O Darren Cooper v. Geico Gen. Ins. Co. (Fla. 4th DCA 2025).

Lutz v. LexJax, Inc. (M.D. Fla. 2022).

— 865.09(3) — 4 cases

Bank of Am., N.A. v. Nash, 200 So. 3d 131 (Fla. 5th DCA 2016). “§ 865.09(3), Fla. Stat. (2005). If a business fails to comply, *135 it and any successors or assigns may not maintain any action, suit, or proceeding in any court.”

Worm World, Inc. v. Ironwood Prods., 917 So. 2d 274 (Fla. 1st DCA 2005). “See §§ 865.09(3), 865.09(9)(c), Fla. Stat. (2001); Mo.”

Back to Mind Chiropractic A/A/O Darren Cooper v. Geico Gen. Ins. Co. (Fla. 4th DCA 2025).

— 865.09(3)(a) — 1 case

The Schumacher Grp. of Delaware, Inc. v. Fritz Dictan, Etc. (Fla. 3d DCA 2021).

— 865.09(5) — 1 case

— 865.09(5)(a) — 2 cases

Homeco Developments v. Markborough Props., Ltd., 709 F. Supp. 1137 (S.D. Fla. 1989).

Cook v. Arrowhead Mobile Home Cmty., 50 Fla. Supp. 2d 26 (Fla. Cir. Ct. 1991).

— 865.09(5)(b) — 2 cases

E. CEILING & SUPPLY CORP., INC. v. Powerhouse Insulation, Inc., 589 So. 2d 383 (Fla. 4th DCA 1991). “" However, section 865.09 was amended in 1985 to eliminate the provision that a non-complying party could not defend an action.”

Nat'l Marketplace Assocs., Ltd. v. C.S.T. Essential Tech., Inc., 22 Fla. Supp. 2d 48 (Fla. Cir. Ct. 1987).

— 865.09(6)(a) — 1 case

Progressive Express Ins. Co. v. Hartley, 21 So. 3d 119 (Fla. 5th DCA 2009).

— 865.09(9) — 1 case

Cooper v. J.J. Marsh, Inc., 49 Fla. Supp. 2d 10 (Fla. Cir. Ct. 1991).

— 865.09(9)(a) — 6 cases

Wesner v. JMS Marinas, LLC, 224 So. 3d 912 (Fla. 2d DCA 2017).

Sealy v. Perdido Key Oyster Bar & Marina, LLC, 88 So. 3d 366 (Fla. 1st DCA 2012).

Dr. Fred Hatfield's Sport-Strength Training Equip. Co. v. Balik, 174 F.R.D. 496 (M.D. Fla. 1997).

Back to Mind Chiropractic A/A/O Darren Cooper v. Geico Gen. Ins. Co. (Fla. 4th DCA 2025).

— 865.09(9)(b) — 6 cases

Premier Finishes, Inc. v. Maggirias, 130 So. 3d 238 (Fla. 2d DCA 2013).

Worm World, Inc. v. Ironwood Prods., 917 So. 2d 274 (Fla. 1st DCA 2005). “See §§ 865.09(3), 865.09(9)(c), Fla. Stat. (2001); Mo.”

Lutz v. LexJax, Inc. (M.D. Fla. 2022).

Arthur J. Morburger v. J. Reporting, Inc., Etc. (Fla. 3d DCA 2021).

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