Florida LLC vs DBA (Fictitious Name) — Understanding the Difference
An LLC and a DBA are fundamentally different things in Florida. An LLC is a legal entity that provides liability protection — it separates your personal assets from business debts. A DBA (called a "fictitious name" in Florida) is simply a name registration that lets you do business under a name different from your legal name. A DBA provides zero liability protection, creates no legal entity, and does not change your tax status. Many people confuse the two because both are filed through Sunbiz.org.
For LLC formation, see our formation guide. For all guides, see our guides overview.
Side-by-Side Comparison
| Factor | Florida LLC | Florida Fictitious Name (DBA) |
|---|---|---|
| What it creates | A separate legal entity | Just a name registration |
| Liability protection | Full — personal assets separated | None — you are still personally liable |
| Formation document | Articles of Organization (Form INHS18) | Fictitious Name Registration |
| Filed through | Sunbiz.org | Sunbiz.org |
| Cost | $125 | $50 |
| Renewal | $138.75/year (annual report, May 1) | $50 every 5 years |
| Registered agent required | Yes (§605.0113) | No |
| Operating agreement | Recommended | N/A |
| EIN | Recommended (essentially required) | Not needed (use personal SSN) |
| Bank account | Business account in LLC name | Some banks allow DBA accounts; others require LLC/Corp |
| Tax treatment | Disregarded entity or partnership | Same as individual (no change) |
What a Fictitious Name (DBA) Actually Does in Florida
In Florida, a "DBA" is officially called a fictitious name registration. It allows you to:
- Operate under a business name that is different from your legal name
- Open a bank account under the business name (some banks)
- Advertise and invoice under the business name
That is ALL it does. It does not:
- Create a legal entity
- Provide any liability protection
- Change your tax obligations
- Separate your personal and business finances legally
- Protect you from lawsuits (you are still the defendant personally)
Filing on Sunbiz.org: Fictitious name registrations are filed through the same Sunbiz.org portal as LLC formations. Cost: $50, valid for 5 years, renewable for $50.
When You Need Each (Or Both)
Ready to get started?
Get StartedLLC only: You want to do business under a name that includes "LLC" or "Limited Liability Company" (which is your LLC's legal name). This is sufficient for most businesses.
LLC + DBA: You formed your LLC with a legal name (like "J. Smith Holdings LLC") but want to operate publicly under a different marketing name (like "Sunshine Consulting"). Register the marketing name as a fictitious name ($50) under your LLC.
DBA only: You just want to operate under a different name without forming an entity. This provides zero liability protection and is generally NOT recommended for any business with meaningful clients or liability risk.
The Cost Comparison
| Approach | Year 1 Cost | Annual Cost | Liability Protection |
|---|---|---|---|
| DBA only | $50 | $0 (renew $50/5 years) | None |
| LLC only | $125 | $138.75 | Full |
| LLC + DBA | $175 | $138.75 (+ $50/5yr DBA renewal) | Full |
For $75 more than a DBA ($125 vs $50), you get actual liability protection with an LLC. The annual maintenance difference ($138.75/year for the LLC vs. $0 for a DBA) is the ongoing cost of protection — about $12/month.
FAQ
If I already have a DBA, should I also form an LLC?
If you have clients, customers, or any meaningful liability exposure: yes. A DBA gives you zero protection. Form an LLC ($125), and then either: (1) use the LLC name going forward and cancel the DBA, or (2) keep the DBA registered under the LLC so you can continue operating under your existing brand name.
Can I register a fictitious name for my LLC?
Yes. If your LLC's legal name is "J. Smith Holdings LLC" but you want to do business as "Sunshine Consulting," register "Sunshine Consulting" as a fictitious name ($50 on Sunbiz.org) under your LLC. The LLC is the "owner" of the fictitious name.
Does a DBA let me open a business bank account?
Some Florida banks will open an account under a fictitious name — but many require a formal entity (LLC or corporation). Even banks that allow DBA accounts may have limitations. An LLC with an EIN is the cleanest path to a proper business bank account.
Can two businesses have the same DBA in Florida?
Florida's fictitious name system does not guarantee exclusivity the way LLC name registration does. Two different people could potentially register the same fictitious name. An LLC name, by contrast, must be distinguishable from all existing entities on Sunbiz.org — providing stronger name protection.