Are you thinking of starting a small business in the Florida Keys? We hope you’ll let us help you find a commercial building for rent in the Florida Keys, but we also love pointing to quick answers to some of your common business start up questions! Are you wondering how to register for a business name for your small business in Florida? If you’re conducting a search, the easiest way to find the information is to use their terminology. If you simply want to have a sole proprietorship, you get a business name by registering for a fictitious name. This isn’t the same way you get a business name for corporations, limited liability companies or a limited partnership though.
If you’re just going to use your own name for running your business, you don’t need to register for a fictitious name, of course.
First Step To Registering A Fictitious Name
In order to register a name for your sole proprietorship, Chapter 50 of Florida Statutes requires that you advertise the name at least once in the newspaper that is located within the county where your business is located. Here are a few newspapers in Monroe County:
Here’s a link to e-file a fictitious name in Florida.
What’s A Fictitious Name?
It sounds shady, doesn’t it? “Fictitious name.” Of course, it’s actually just the legal term for the name of your business if you’re a sole proprietor. People might also have heard it called a “DBA.” DBA stands for “doing business as.” For example, if your name is Maria Brown and you’re an online marketer operating a sole proprietorship with a business name of, “Brown Brand Consulting,” you’d be “Maria Brown doing business as Brown Brand Consulting.” Make sense?
Why Do You Have To Register For A Fictitious Name?
Florida’s Fictitious Name Act (s.865.09, F.S.) makes it so that anyone who wants to operate a sole proprietorship in Florida using a name that is different from their own has to register the business name with the Florida Department of State before conducting business in Florida using that name.
Failure to file a fictitious name registration before doing business in the state is a misdemeanor of the second degree as provided in section 775.082 or 775.083, F.S.
If you’re going to apply for a local occupational license (under section 205.023, F.S.) or transfer a business license (under section 205.033(2) or 205.043(2), F.S), you’ll need to show proof of registration. Most banks will require proof of the fictitious name registration before they’ll let you open an account using the business name as well.
How To Pay For Fictitious Name Registration In Florida
You will be able to pay for your registration using a Mastercard, American Express, Visa, or Discover card. You can also use a check or money order payable to Florida Department of State. You will have to use U.S. currency drawn from a U.S. bank though. You will have to renew every five years. The name expires on December 31st of the final year.
How To Check Availability Of A Business Name In Florida
Before registering the business name, you can save yourself time by searching records by name to find out if its already in use. You might not want to use a business name someone already is using. Keep in mind that registering a fictitious name doesn’t grant you sole ownership rights to that name in Florida or prohibit someone else from registering the exact same fictitious name. In some states it does, but not in Florida.
We hope this explanation helped save you some time by cutting to the chase. Now, is it time to let us show you some commercial space for lease in the Florida Keys?
RE/MAX Keys Connection
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The RE/MAX Keys Connection office is located in the Historic Heritage House in the heart of Old Town, conveniently located immediately nearby major downtown hotels. Our unique, cafe-style real estate office offers our valued clients a welcoming, upscale, professional environment. Enjoy complimentary beverages, free wi-fi, and a private conference room or expansive front porch, depending on the level of privacy you’re most comfortable with.
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RE/MAX Keys Connection’s owner and broker Curtis Skomp is one of South Florida’s top commercial real estate brokers. With over two decades of experience and a CCIM (Certified Commercial Investment Member) designation, Curtis has brokered commercial real estate including industrial properties, shopping centers, strip malls, trailer parks, bars, restaurants, hotels and multi-unit apartment buildings. Unlike many brokers, Curtis isn’t intimidated by bank foreclosures either.
RE/MAX Keys Connection offers clients international exposure with local service. Our service area includes Key West, Big Pine Key, Marathon, Islamorada, Key Largo, and all of unincorporated Monroe County. Our office is fluent in Spanish, which is highly important when doing business in Southern Florida.