Who is exempt from registering a trade name with the Department of State?

• A. A sole proprietor real estate broker is exempt from registering the trade name with Dept of State, but must register the name with the DBPR
• B. All individuals must register
• C. Only corporations must register
• D. None must register

Answer: (A)

In Florida, registering a fictitious or trade name with the Department of State is typically required when a business uses a name other than the owner’s legal name. Yet there’s a specific exemption for sole proprietors who are regulated by a professional board, like real estate brokers under the DBPR. For these professionals, the licensing authority handles the registration related to the trade name to ensure it’s linked to the license and protects consumers. So a sole proprietor real estate broker isn’t required to file a fictitious name with the Department of State if they’re using their own legal name; if they use a different trade name, that name must be registered with the DBPR rather than the DOS. This distinction is why the described scenario is correct: the trade name registration is handled by the DBPR for real estate professionals, not by the Department of State.