Florida Senate - 2019                              CS for SB 740
       
       
        
       By the Committee on Commerce and Tourism; and Senator Baxley
       
       
       
       
       
       577-02638-19                                           2019740c1
    1                        A bill to be entitled                      
    2         An act relating to fees; amending s. 605.0213, F.S.;
    3         establishing a biennial report filing fee for limited
    4         liability companies; authorizing the Department of
    5         State to escrow an amount necessary to annualize
    6         revenues collected from biennial report filing fees
    7         and biennial supplemental corporate fees; amending s.
    8         607.0122, F.S.; establishing a biennial report filing
    9         fee for domestic and foreign corporations; authorizing
   10         the department to escrow an amount necessary to
   11         annualize revenues collected from biennial report
   12         filing fees and biennial supplemental corporate fees;
   13         amending s. 607.193, F.S.; establishing a biennial
   14         supplemental corporate fee for limited liability
   15         companies, domestic and foreign corporations, and
   16         domestic and foreign limited partnerships; amending s.
   17         617.0122, F.S.; establishing a biennial report filing
   18         fee for domestic and foreign corporations not for
   19         profit; authorizing the department to escrow an amount
   20         necessary to annualize revenues collected from
   21         biennial report filing fees; amending s. 620.1109,
   22         F.S.; establishing a biennial report filing fee for
   23         domestic and foreign limited partnerships; authorizing
   24         the department to escrow an amount necessary to
   25         annualize revenues collected from biennial report
   26         filing fees and biennial supplemental corporate fees;
   27         amending s. 620.81055, F.S.; establishing a biennial
   28         report filing fee for domestic and foreign limited
   29         liability partnerships; authorizing the department to
   30         escrow an amount necessary to annualize revenues
   31         collected from biennial report filing fees; amending
   32         s. 605.0118, F.S.; conforming provisions to changes
   33         made by the act; providing a contingent effective
   34         date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Section 605.0213, Florida Statutes, is amended
   39  to read:
   40         605.0213 Fees of the department.—
   41         (1)In addition to the annual supplemental corporate fee of
   42  $88.75 or the biennial supplemental corporate fee of $177.50
   43  imposed pursuant to s. 607.193, the fees of the department under
   44  this chapter are as follows:
   45         (a)(1) For furnishing a certified copy, $30.
   46         (b)(2) For filing original articles of organization or
   47  articles of revocation of dissolution, $100.
   48         (c)(3) For filing a foreign limited liability company’s
   49  application for a certificate of authority to transact business,
   50  $100.
   51         (d)(4) For filing a certificate of merger of limited
   52  liability companies or other business entities, $25 per
   53  constituent party to the merger, unless a specific fee is
   54  required for a party under other applicable law.
   55         (e)(5) For filing an annual report, $50.
   56         (f)For filing a biennial report, $100.
   57         (g)(6) For filing an application for reinstatement after an
   58  administrative or judicial dissolution or a revocation of
   59  authority to transact business, $100.
   60         (h)(7) For filing a certificate designating a registered
   61  agent or changing a registered agent, $25.
   62         (i)(8) For filing a registered agent’s statement of
   63  resignation from an active limited liability company, $85.
   64         (j)(9) For filing a registered agent’s statement of
   65  resignation from a dissolved limited liability company, $25.
   66         (k)(10) For filing a certificate of conversion of a limited
   67  liability company, $25.
   68         (l)(11) For filing any other limited liability company
   69  document, $25.
   70         (m)(12) For furnishing a certificate of status, $5.
   71         (2)The department may escrow an amount necessary to
   72  annualize revenues collected from biennial report filing fees
   73  and biennial supplemental corporate fees until October 1 of the
   74  following fiscal year and then account for that amount as
   75  revenue for that fiscal year.
   76         Section 2. Section 607.0122, Florida Statutes, is amended
   77  to read:
   78         607.0122 Fees for filing documents and issuing
   79  certificates.—
   80         (1) The Department of State shall collect the following
   81  fees when the documents described in this section are delivered
   82  to the department for filing:
   83         (a)(1) Articles of incorporation: $35.
   84         (b)(2) Application for registered name: $87.50.
   85         (c)(3) Application for renewal of registered name: $87.50.
   86         (d)(4) Corporation’s statement of change of registered
   87  agent or registered office or both if not included on the annual
   88  or biennial report: $35.
   89         (e)(5) Designation of and acceptance by registered agent:
   90  $35.
   91         (f)(6) Agent’s statement of resignation from active
   92  corporation: $87.50.
   93         (g)(7) Agent’s statement of resignation from an inactive
   94  corporation: $35.
   95         (h)(8) Amendment of articles of incorporation: $35.
   96         (i)(9) Restatement of articles of incorporation with
   97  amendment of articles: $35.
   98         (j)(10) Articles of merger or share exchange for each party
   99  thereto: $35.
  100         (k)(11) Articles of dissolution: $35.
  101         (l)(12) Articles of revocation of dissolution: $35.
  102         (m)(13) Application for reinstatement following
  103  administrative dissolution: $600.
  104         (n)(14) Application for certificate of authority to
  105  transact business in this state by a foreign corporation: $35.
  106         (o)(15) Application for amended certificate of authority:
  107  $35.
  108         (p)(16) Application for certificate of withdrawal by a
  109  foreign corporation: $35.
  110         (q)(17) Annual report: $61.25.
  111         (r)Biennial report: $122.50.
  112         (s)(18) Articles of correction: $35.
  113         (t)(19) Application for certificate of status: $8.75.
  114         (u)(20) Certificate of domestication of a foreign
  115  corporation: $50.
  116         (v)(21) Certified copy of document: $52.50.
  117         (w)(22) Serving as agent for substitute service of process:
  118  $87.50.
  119         (x)(23)Annual supplemental corporate fee: $88.75.
  120         (y)Biennial supplemental corporate fee: $177.50.
  121         (z)(24) Any other document required or permitted to be
  122  filed by this act: $35.
  123         (2)The Department of State may escrow an amount necessary
  124  to annualize revenues collected from biennial report filing fees
  125  and biennial supplemental corporate fees until October 1 of the
  126  following fiscal year and then account for that amount as
  127  revenue for that fiscal year.
  128         Section 3. Subsection (1) and paragraph (a) of subsection
  129  (2) of section 607.193, Florida Statutes, are amended to read:
  130         607.193 Supplemental corporate fee.—
  131         (1) In addition to any other taxes imposed by law, an
  132  annual supplemental corporate fee of $88.75 or a biennial
  133  supplemental corporate fee of $177.50, as applicable, is imposed
  134  on each business entity that is authorized to transact business
  135  in this state and is required to file an annual or biennial
  136  report with the Department of State under s. 605.0212, s.
  137  607.1622, or s. 620.1210.
  138         (2)(a) The business entity shall remit the supplemental
  139  corporate fee to the Department of State at the time it files
  140  the annual or biennial report required by s. 605.0212, s.
  141  607.1622, or s. 620.1210.
  142         Section 4. Section 617.0122, Florida Statutes, is amended
  143  to read:
  144         617.0122 Fees for filing documents and issuing
  145  certificates.—
  146         (1) The Department of State shall collect the following
  147  fees on documents delivered to the department for filing:
  148         (a)(1) Articles of incorporation: $35.
  149         (b)(2) Application for registered name: $87.50.
  150         (c)(3) Application for renewal of registered name: $87.50.
  151         (d)(4) Corporation’s statement of change of registered
  152  agent or registered office or both if not included on the annual
  153  or biennial report: $35.
  154         (e)(5) Designation of and acceptance by registered agent:
  155  $35.
  156         (f)(6) Agent’s statement of resignation from active
  157  corporation: $87.50.
  158         (g)(7) Agent’s statement of resignation from inactive
  159  corporation: $35.
  160         (h)(8) Amendment of articles of incorporation: $35.
  161         (i)(9) Restatement of articles of incorporation with
  162  amendment of articles: $35.
  163         (j)(10) Articles of merger for each party thereto: $35.
  164         (k)(11) Articles of dissolution: $35.
  165         (l)(12) Articles of revocation of dissolution: $35.
  166         (m)(13) Application for reinstatement following
  167  administrative dissolution: $175.
  168         (n)(14) Application for certificate of authority to
  169  transact business in this state by a foreign corporation: $35.
  170         (o)(15) Application for amended certificate of authority:
  171  $35.
  172         (p)(16) Application for certificate of withdrawal by a
  173  foreign corporation: $35.
  174         (q)(17) Annual report: $61.25.
  175         (r)Biennial report: $122.50.
  176         (s)(18) Articles of correction: $35.
  177         (t)(19) Application for certificate of status: $8.75.
  178         (u)(20) Certified copy of document: $52.50.
  179         (v)(21) Serving as agent for substitute service of process:
  180  $87.50.
  181         (w)(22) Certificate of conversion of a limited agricultural
  182  association to a domestic corporation: $35.
  183         (x)(23) Any other document required or permitted to be
  184  filed by this chapter: $35.
  185  
  186  Any citizen support organization that is required by rule of the
  187  Department of Environmental Protection to be formed as a
  188  nonprofit organization and is under contract with the department
  189  is exempt from any fees required for incorporation as a
  190  nonprofit organization, and the Secretary of State may not
  191  assess any such fees if the citizen support organization is
  192  certified by the Department of Environmental Protection to the
  193  Secretary of State as being under contract with the Department
  194  of Environmental Protection.
  195         (2)The Department of State may escrow an amount necessary
  196  to annualize revenues collected from biennial report filing fees
  197  until October 1 of the following fiscal year and then account
  198  for that amount as revenue for that fiscal year.
  199         Section 5. Section 620.1109, Florida Statutes, is amended
  200  to read:
  201         620.1109 Department of State; fees.—
  202         (1) In addition to the annual supplemental corporate fee of
  203  $88.75 or the biennial supplemental corporate fee of $177.50
  204  imposed pursuant to s. 607.193, the fees of the Department of
  205  State under this act are as follows:
  206         (a)(1) For furnishing a certified copy, $52.50 for the
  207  first 15 pages plus $1.00 for each additional page.
  208         (b)(2) For filing an original certificate of limited
  209  partnership, $965.
  210         (c)(3) For filing an original application for registration
  211  as a foreign limited partnership, $965.
  212         (d)(4) For filing certificate of conversion, $52.50.
  213         (e)(5) For filing certificate of merger, $52.50 for each
  214  party thereto.
  215         (f)(6) For filing a reinstatement, $500 for each calendar
  216  year or part thereof the limited partnership was
  217  administratively dissolved or foreign limited partnership was
  218  revoked in the records of the Department of State.
  219         (g)(7) For filing an annual report, $411.25.
  220         (h)For filing a biennial report, $822.50.
  221         (i)(8) For filing a certificate:
  222         1.(a) Designating a registered agent, $35;
  223         2.(b) Changing a registered agent or registered office
  224  address, $35;
  225         3.(c) Resigning as a registered agent, $87.50; or
  226         4.(d) Of amendment or restatement of the certificate of
  227  limited partnership, $52.50;
  228         (j)(9) For filing a statement of termination, $52.50.
  229         (k)(10) For filing a notice of cancellation for foreign
  230  limited partnership, $52.50.
  231         (l)(11) For furnishing a certificate of status or
  232  authorization, $8.75.
  233         (m)(12) For filing a certificate of dissolution, $52.50.
  234         (n)(13) For filing a certificate of revocation of
  235  dissolution, $52.50.
  236         (o)(14) For filing any other domestic or foreign limited
  237  partnership document, $52.50.
  238         (2)The Department of State may escrow an amount necessary
  239  to annualize revenues collected from biennial report filing fees
  240  and biennial supplemental corporate fees until October 1 of the
  241  following fiscal year and then account for that amount as
  242  revenue for that fiscal year.
  243         Section 6. Paragraphs (i) through (o) of subsection (1) of
  244  section 620.81055, Florida Statutes, are redesignated as
  245  paragraphs (j) through (p), respectively, a new paragraph (i) is
  246  added to that subsection, and subsection (3) is added to that
  247  section, to read:
  248         620.81055 Fees for filing documents and issuing
  249  certificates; powers of the Department of State.—
  250         (1) The Department of State shall collect the following
  251  fees when documents authorized by this act are delivered to the
  252  Department of State for filing:
  253         (i)Limited liability partnership biennial report: $50.
  254         (3)The Department of State may escrow an amount necessary
  255  to annualize revenues collected from biennial report filing fees
  256  until October 1 of the following fiscal year and then account
  257  for that amount as revenue for that fiscal year.
  258         Section 7. Subsection (3) of section 605.0118, Florida
  259  Statutes, is amended to read:
  260         605.0118 Delivery of record.—
  261         (3) If a check is mailed to the department for payment of
  262  an annual or biennial report fee or the annual or biennial fee
  263  required under s. 607.193, the check shall be deemed to have
  264  been received by the department as of the postmark date
  265  appearing on the envelope or package transmitting the check if
  266  the envelope or package is received by the department.
  267         Section 8. This act shall take effect on the same date that
  268  SB 738 or similar legislation takes effect, if such legislation
  269  is adopted in the same legislative session or an extension
  270  thereof and becomes a law.