Florida Fictitious Name Publication
Florida Fictitious Name Publication: The Order of Steps, the Cost, and the Affidavit
A plain guide to the newspaper step of registering a fictitious name in Florida, based on section 865.09, Florida Statutes.
The Order of Steps
- Advertise the name once in a newspaper in the county of the business's principal place of business.
- Register the name with the Florida Division of Corporations (Sunbiz), certifying that it was advertised, and pay the $50 state fee.
That's the reverse of some other states. There's nothing to file before you publish, and nothing for us to file with the state afterward.
Do I Publish Before or After I Register With Sunbiz?
Before. Florida law requires the fictitious name to be advertised at least once in a newspaper in the county where your business's principal place of business is, before you register the name with the Florida Division of Corporations (Sunbiz). When you register, you certify that the name was advertised. (Section 865.09, Florida Statutes.)
What Does It Cost in Total?
Two separate payments. Our price for your county covers the newspaper notice and the proof of publication (Duval $69, Clay $65, Nassau $65, St. Johns $65, Orange $65, Hillsborough $65, Miami-Dade $95). Separately, you pay the $50 registration fee to the State of Florida when you register on Sunbiz. We never collect the state fee and it's never part of our price.
What Is the Affidavit for?
The newspaper's affidavit (proof of publication) is your record that the notice ran. We email it to you when the newspaper issues it. It is not filed with Sunbiz, and Sunbiz does not ask for proof of publication with the registration, so once your notice has run you don't need to wait for the affidavit before you register.
Do You Register the Name With Sunbiz for Me?
No. We handle the newspaper publication only. After your notice runs, you register the name yourself on Sunbiz and pay the state's fee there.
Do I Need to Publish Again When I Renew?
No. Renewing a fictitious name registration doesn't require a new publication. A registration that has already expired can't be renewed, though: it takes a new registration, and that means a new publication first.
What Happens If a Business Doesn't Publish?
Under section 865.09, a business that hasn't complied may not maintain or defend a lawsuit in Florida courts until it complies, and it can be liable for the costs and attorney's fees of the action. Noncompliance is a noncriminal violation. It does not make the business's contracts void.
I Already Registered Without Publishing. Can Publishing Now Fix That?
The statute doesn't provide a late-publication fix for a registration that was certified before the notice ran, so we don't sell one. A Florida attorney can tell you what to do in your situation. PublishProof is not a law firm and doesn't give legal advice.
I Have More Than One Fictitious Name. How Do I Order?
Each name needs its own notice, so one order covers one name per notice. Choose how many names on your county page (up to 5) and the total is set for you before you enter any details. You won't change quantities at checkout.
What Do I Need to Have Ready?
Nothing to upload. Just the fictitious name, the owner's legal name (a person or a company), whether the owner is an individual or an entity, and the business's principal address in the county.
Can I Cancel?
Yes, for a full refund at any time before we submit your notice to the newspaper. If there's an error in the notice that we or the newspaper made, we correct it at our expense. Once a notice is in the newspaper's production, a cancellation follows the newspaper's own deadline and must reach us in writing before it.
Ready to publish? See prices by county, from $65 per name.
General information, not legal advice. PublishProof is not a law firm. Source: section 865.09, Florida Statutes.