Updates to Florida’s Fictitious Name Statute

We get questions regarding the Fictitious Name Statute from many of you fairly often. The legislature has made some changes to the Fictitious Name Statute that closes holes, but quite possibly opens some new ones. Whether this creates a private cause of action to enforce the new provisions (affirmative litigation) is to be seen. However, it may provide a defense. Click here for the Bill Analysis and Fiscal Impact Statement.

A summary of the new changes can be found below. If you have any questions or would like to discuss this issue in greater detail, please feel free to contact ROIG Lawyers Healthcare Policy Advisor Dennis LaRosa at dlarosa@roiglawyers.com or 850-264-6389.

CS/CS/SB 346 updates the Florida Fictitious Name Act, s. 865.09, F.S., which requires any person or business entity doing business in Florida under a name other than their legal name to register a fictitious name with the Division of Corporations of the Department of State. Specifically, the bill:

• Defines the term “registrant” to clarify and standardize who is required to file a fictitious name;
• Clarifies that foreign business entities must be in active status with the Division of Corporations to file a fictitious name;
• Updates the process for cancellation, registration, and renewal of a fictitious name, including clarifying the term of registration;
• Standardizes language to include varied business entities, rather than just corporations;
• Changes the penalty for failure to comply with the Fictitious Name Act from a misdemeanor to a noncriminal violation; and
• Makes technical and conforming changes throughout.

The bill takes effect on July 1, 2017.

Click here for the Amended Bill.

ROIG Lawyers is a minority-owned litigation firm with a primary focus on Insurance Defense Litigation. We serve as primary counsel for numerous national and regional carriers and corporations related to all aspects of insurance litigation. ROIG Lawyers does not intend to create an attorney-client relationship by offering this information, and anyone’s review of the information shall not be deemed to create such a relationship. You should consult a lawyer with regard to specific legal issues that require attention.