Canceling and Managing a Florida DBA
Learn how to cancel a Florida DBA, including forms, timelines, renewal rules, and common mistakes to avoid when managing fictitious names in Florida. 6 min read updated on April 09, 2025
Key Takeaways
- A Florida DBA (Doing Business As) is required when operating under a name different from a legal business name.
- Business owners must file a cancellation with the Florida Department of State using the same form used for registration.
- Cancellations must be submitted within 30 days of ceasing use of the fictitious name.
- Florida DBAs must be renewed every five years or they will expire automatically.
- Canceling a DBA does not dissolve the legal entity; it only ends the use of the fictitious name.
- Failing to register or cancel a DBA properly can result in legal and financial consequences.
- Additional compliance considerations include license cancellations and tax implications.
This is how to cancel a fictitious name in Florida: Business owners must fill out a specific section in a registration form and file it with the Florida Department of State's Division of Corporations. Once the department receives the application, the division will remove the fictitious name registration from its records.
What Is a Fictitious Name?
A fictitious business name — also known as a trade name, a doing business as, or a DBA for short — is the name under which a person operates their company. A fictitious business name is a fantastic option for owners who don't want to put their real names on their companies. Without a fictitious name, the owners of a business must use their real names for that company.
All forms of business, from a sole proprietorship to large corporations, can use DBAs, depending on the circumstances. Some businesses might use DBAs in foreign countries because their original names are being used by other companies there.
In Florida, DBAs are required for business. Business owners must register their fictitious names, lest they are barred from initiating any court action on behalf of their business.
Business without DBAs may carry out contracts, hold deeds, and conduct business as usual in Florida. Business owners are also allowed to defend their companies in court. However, if anyone is harmed by those companies, the businesses are liable for any damages and they will have to pay attorney fees and court costs.
Why a Florida DBA Matters for Your Business
A Florida DBA allows sole proprietors and business entities to operate under a trade name different from their legal name. This provides flexibility in branding, marketing, and customer recognition. While a DBA does not offer legal protections like an LLC or corporation, it is essential for building a recognizable business identity.
However, failure to register or maintain your Florida DBA can prevent you from legally enforcing contracts and could expose you to fines or liability. It also helps consumers understand who they are doing business with, promoting transparency and compliance with state law.
How Can Business Owners Register Their Fictitious Business Names in Florida?
When a business wants to register a fictitious name in Florida, its owners must file a Fictitious Name Registration application or statement with the Florida Department of State's Division of Corporations. Depending on the county where the business is headquartered, the registrants will need to advertise the new name of their intended DBA in a local newspaper.
When filing for DBAs, business owners must include the following information:
- The name of the business
- The address where the business is headquartered
- The names and addresses of each owner
- Their Federal Employer Identification Number (FEIN or EIN)
- Their Florida registration number
- Additional information depending on their circumstance
In addition, owners will need to pay any processing fees or taxes owed to the state. The registration fee is $50.
Registrants have the option of registering their fictitious name by mail or online. When business owners file their DBAs online, they can minimize the paperwork.
For general partnerships, the partners are the applicants if their partnership isn't registered with the Division of Corporations. If it is registered, the partnership is the registrant.
To keep that DBA active, business owners (or the fictitious name holder) must regularly renew or re-register the name while it is still active. In Florida, DBAs must be renewed every five years; otherwise, they'll expire on Dec. 31 of the fifth year. In each state, a fictitious name registration is renewed on or before Dec. 31 of the expiration year or on or after Jan. 1 the following calendar year.
Additional Steps and Costs to Expect
In addition to the $50 registration fee, Florida business owners may incur the following costs and requirements:
- Certified Copy of Registration: $30 (optional but useful for banks or licensing).
- Certificate of Status: $10 (may be needed for official filings or verification).
- Publication Requirement: Florida law requires that a legal notice be published at least once in a newspaper within the county where the business operates. This publication serves as public notice of the DBA and can range from $25 to $150 depending on the newspaper.
These expenses should be included in your overall budget when planning to register a fictitious name.
What Process Does a Business Owner Use to Cancel Their Fictitious Business Name in Florida?
Just like a business owner filed for a DBA with the Florida Department of State, they will have to file a form to abandon that name with that same agency. They must use the Fictitious Name Registration application, which also allows a fictitious name holder to make changes to the DBA or the owner's name. They can download the PDF and print it out.
If the fictitious name holder wants to cancel and re-register their fictitious name at the same time, they'll need to fill out Sections 1-4 of the application. They can update the following information:
- Their email address
- Their mailing address
- Their home address
- Their EIN
- Proof of the owner's legal name change
Owners only need to complete Section 4 to cancel their DBA.
Once the pertinent section is completed, the fictitious name holder must return the completed application with a check or money order, made out to the Florida Department of State. They must also pay a $50 application fee.
Business owners should file within 30 days after they've decided to disengage from their business.
Does Canceling a Florida DBA End the Business?
Canceling a DBA in Florida does not terminate the underlying legal entity (e.g., LLC, corporation, or sole proprietorship). It only stops your use of the trade name. If you plan to close the entire business, you'll also need to:
- File dissolution paperwork for LLCs or corporations.
- Cancel state and local licenses and permits.
- Notify the IRS and close business bank accounts, if applicable.
Canceling the DBA is one step in a broader business exit strategy.
Renewing vs. Canceling a Florida DBA
Florida fictitious names are valid for five years. If a business still wants to operate under the DBA, it must renew the registration by December 31 of the fifth year. If the DBA is no longer needed, canceling it instead of letting it expire provides legal closure and reduces the risk of administrative errors or confusion.
You may also choose to cancel the DBA and re-register it simultaneously if you’re updating ownership information or business details.
Consequences of Not Canceling a Florida DBA
Failing to cancel your DBA in Florida when it is no longer in use can result in the name remaining publicly associated with your business, even if you are no longer operating under it. This could:
- Create confusion among customers and clients.
- Lead to potential legal disputes if someone uses the name improperly.
- Impact your credit or tax filings if agencies believe the name is still active.
Timely cancellation ensures your business records are accurate and protects your legal interests.
Frequently Asked Questions
-
Is publishing a notice required to cancel a Florida DBA?
No, the publication requirement only applies when registering a new DBA—not canceling it. -
Can I cancel my Florida DBA online?
No, cancellation must be submitted by mail using the appropriate Fictitious Name Registration form with Section 4 completed. -
How long does it take to cancel a DBA in Florida?
Processing usually takes a few business days after the form and fee are received by the Division of Corporations. -
What happens if I forget to renew my Florida DBA?
If not renewed by December 31 of the fifth year, your DBA will automatically expire. You will need to re-register to use the name again. -
Do I need a lawyer to cancel a DBA in Florida?
No, but working with a business attorney can ensure you complete all necessary steps correctly—especially if you're also closing the business. You can find an attorney through UpCounsel for assistance.
If you need help cancelling your DBA in Florida, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.