Senate Bill 1830

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 1830

    By Senator Scott





    31-1101-99                                         See HB 1075

  1                      A bill to be entitled

  2         An act relating to filings with the Department

  3         of State; amending s. 606.03, F.S.; providing

  4         definitions; amending s. 606.04, F.S.;

  5         specifying purposes and use of a master

  6         business index; providing requirements for

  7         participating agencies; authorizing the

  8         department to create a directory of business

  9         activity for certain purposes; creating s.

10         606.06, F.S.; authorizing the department to use

11         a uniform business report for certain purposes;

12         amending ss. 495.071, 607.0121, 607.1622,

13         608.4511, 617.0121, 617.1622, 865.09, F.S.;

14         authorizing the department to prescribe forms;

15         providing for use of the uniform business

16         report as a substitute for certain reporting

17         and renewal requirements; amending s. 620.177,

18         F.S.; providing additional requirements for

19         annual reports; authorizing use of the uniform

20         business report; amending ss. 15.16, 607.0120,

21         607.0123, 607.0124, 607.0125, 607.0127,

22         607.0141, F.S.; providing for electronic filing

23         of documents; revising certain filing

24         requirements; amending s. 607.01401, F.S.;

25         providing definitions relating to electronic

26         filing; amending s. 339.12, F.S.; conforming a

27         cross-reference; repealing s. 15.09(1)(d);

28         repealing s. 15.091(2), F.S., relating to

29         filing or copying fees; repealing s.

30         607.1622(1)(g), (h), F.S., relating to

31         information in required corporate annual

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1         reports describing intangible tax liability and

  2         contributions into the Election Campaign

  3         Financing Trust Fund; providing an effective

  4         date.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Present subsections (4) and (5) of section

  9  606.03, Florida Statutes, are renumbered as subsections (5)

10  and (6), respectively, and new subsections (4) and (7) are

11  added to that section, to read:

12         606.03  Definitions.--As used in this act:

13         (4)  "Participating agency" means an agency of

14  government which elects to participate in the exchange of

15  information through the master business index.

16         (7)  "Uniform business report" means an information

17  gathering document distributed by the department to collect or

18  update current data for the master business index.

19         Section 2.  Section 606.04, Florida Statutes, is

20  amended to read:

21         606.04  Master Single business index identifier.--

22         (1)(a)  The department shall create a master business

23  index, using as an initial base the commercial regulation and

24  registration program databases the department currently

25  maintains.  Each business entity shall be assigned a unique

26  single business identifier for interagency use. The master

27  business index shall serve as the state's central index of

28  business entities and shall reflect a listing of all licenses

29  and registrations held by a business with any participating

30  agency.

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1         (b)  Each participating agency, notwithstanding any

  2  other requirement of law, shall:

  3         1.  Provide updated information regarding the status of

  4  a business entity which the agency regulates or licenses and

  5  on which the agency maintains records.

  6         2.  Have the discretion to use the index as an

  7  alternative means of acquiring information about a business

  8  entity and, as necessary, use the information in the index to

  9  comply with the various requirements for registration, license

10  issuance, renewal, or otherwise in the fulfillment of the

11  agency's statutory responsibilities.

12         3.  Have the discretion to use the index in any

13  instance as an authorized source for the creation or amendment

14  of any official records.

15         (c)  The department is authorized to create, in

16  conjunction with the master business index, a directory of

17  business activity which will facilitate the exchange of

18  information on Florida's business opportunities and further

19  the international and domestic economic development efforts of

20  this state.

21         (2)  The department is authorized to take the actions

22  it deems necessary to integrate all nonbusiness entity or

23  commercial registrations it maintains into the master business

24  index such that all registrations maintained for a business

25  entity are reflected in the index in a consolidated manner.

26         (3)  The department is authorized to enter into any

27  formal agreement with federal, state, or local agencies to

28  facilitate the registration of a business entity with that

29  agency take the actions it deems practical to consolidate its

30  various renewal or annual mailings, to include the altering of

31  specified mailing dates and filing deadlines.

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1         Section 3.  Section 606.06, Florida Statutes, is

  2  created to read:

  3         606.06  Uniform business report.--The department may

  4  use the uniform business report:

  5         (1)  To create index records and for referral to other

  6  federal, state, or local agencies as requested by a

  7  registrant.

  8         (2)  As a substitute for any annual report or renewal

  9  filing required by chapters 495, 607, 608, 609, 617, 620, 621,

10  and 865.

11         (3)  As the means for any registrant to apply for the

12  issuance of a Federal Employer Identification Number, pursuant

13  to any formal agreement with the Internal Revenue Service of

14  the United States.

15         (4)  To comply with any formal agreement for

16  information exchange or reciprocal issuance of a license

17  permit or registration.

18         (5)  To facilitate the creation and maintenance of a

19  database and a directory of businesses and any information

20  regarding the activities of such businesses which will further

21  the international and domestic economic development efforts of

22  this state.

23         Section 4.  Subsections (3), (4), and (5) of section

24  495.071, Florida Statutes, are amended to read:

25         495.071  Duration and renewal.--

26         (3)  The Department of State shall notify registrants

27  of marks hereunder of the necessity of renewal within the year

28  next preceding the expiration of the 10 years from the date of

29  registration by writing to the last known address of the

30  registrants. The department shall prescribe the forms on which

31  to make the required notification and the renewal called for

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1  in subsection (1) and may substitute the uniform business

  2  report, pursuant to s. 606.06, as a means of satisfying the

  3  requirement of this part.

  4         (4)  Any registration in force on the date on which

  5  this chapter shall become effective shall be effective for a

  6  term of 10 years from the date of the registration or of the

  7  last renewal thereof or 1 year after the effective date of

  8  this chapter, whichever is later, and may be renewed by filing

  9  an application with the Department of State on a form

10  furnished by it and paying the aforementioned renewal fee

11  therefor within 6 months prior to the expiration of the

12  registration.

13         (4)(5)  All applications for renewals under this

14  chapter shall include a statement that the mark is still in

15  use in this state, or that its nonuse is due to special

16  circumstances which excuse such nonuse and is not due to any

17  intention to abandon the mark.

18         Section 5.  Paragraph (d) of subsection (1) of section

19  607.0121, Florida Statutes, is amended to read:

20         607.0121  Forms.--

21         (1)  The Department of State may prescribe and furnish

22  on request forms for:

23         (d)  The annual report, for which the department may

24  prescribe the use of the uniform business report, pursuant to

25  s. 606.06.

26

27  If the Department of State so requires, the use of these forms

28  shall be mandatory.

29         Section 6.  Subsection (9) is added to section

30  607.1622, Florida Statutes, to read:

31         607.1622  Annual report for Department of State.--

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1         (9)  The department shall prescribe the forms on which

  2  to make the annual report called for in this section and may

  3  substitute the uniform business report, pursuant to s. 606.06,

  4  as a means of satisfying the requirement of this part.

  5         Section 7.  Paragraph (8) is added to section 608.4511,

  6  Florida Statutes, to read:

  7         608.4511  Annual report for Department of State.--

  8         (8)  The department shall prescribe the forms on which

  9  to make the annual report called for in this section and may

10  substitute the uniform business report, pursuant to s. 606.06,

11  as a means of satisfying the requirement of this part.

12         Section 8.  Paragraph (d) of subsection (1) of section

13  617.0121, Florida Statutes, is amended to read:

14         617.0121  Forms.--

15         (1)  The Department of State may prescribe and furnish

16  on request forms for:

17         (d)  The annual report, for which the department may

18  prescribe the use of the uniform business report, pursuant to

19  s. 606.06.

20

21  If the Department of State so requires, the use of these forms

22  shall be mandatory.

23         Section 9.  Subsection (9) is added to section

24  617.1622, Florida Statutes, to read:

25         617.1622  Annual report for Department of State.--

26         (9)  The department shall prescribe the forms on which

27  to make the annual report called for in this section and may

28  substitute the uniform business report, pursuant to s. 606.06,

29  as a means of satisfying the requirement of this part.

30         Section 10.  Section 620.177, Florida Statutes, is

31  amended to read:

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1         620.177  Annual report of domestic or foreign limited

  2  partnership; renewal of authority.--

  3         (1)  To renew the certificate of authority for a

  4  limited partnership, which certificate expires on January 1 of

  5  each year, each domestic or foreign limited partnership

  6  authorized to transact business in this state shall file with

  7  the Department of State, between January 1 and May 1 on or

  8  before December 31 of each year, a sworn report on such forms

  9  as the department prescribes, which report must set forth:

10         (a)  If a domestic limited partnership, the name of the

11  limited partnership or, if a foreign limited partnership, the

12  name under which it is registered to transact business in this

13  state.

14         (b)  The name of the state of formation.

15         (c)  The date of formation in this state or the date of

16  original registration in this state.

17         (d)  If a domestic limited partnership, the address of

18  the office, and the name and address of the agent for service

19  of process, required to be maintained by s. 620.105; or, if a

20  foreign limited partnership, the address of the office

21  required to be maintained by s. 620.169 and the name and

22  address of any agent for service of process appointed pursuant

23  to s. 620.169.

24         (e)  The name and the business address of each general

25  partner. Each general partner that is a legal or commercial

26  entity and not an individual must be organized or otherwise

27  registered with the Department of State as required by law,

28  must maintain an active status, and must not be dissolved,

29  revoked, or withdrawn.

30         (f)  A mailing address for the partnership.

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1         (g)  If a domestic limited partnership, the amount of

  2  the capital contributions of its limited partners or, if a

  3  foreign limited partnership, the amount of the capital

  4  contributions of its limited partners that is allocated for

  5  the purpose of transacting business in this state.

  6         (h)  The federal employer identification number of the

  7  limited partnership, if any, or if none, whether one has been

  8  applied for.

  9         (i)(h)  Any additional information that is necessary or

10  appropriate to enable the department to carry out the

11  provisions of this act.

12         (2)  Each report must be executed by a general partner

13  of the partnership or, if the partnership is in the hands of a

14  receiver or trustee, must be executed on behalf of the

15  partnership by the receiver or trustee, and the execution of

16  such report shall have the same legal effect as if made under

17  oath, without the necessity of appending the oath to the

18  report.

19         (3)  Proof to the satisfaction of the department that

20  the annual report was deposited, on or before May January 1 of

21  the report year, in the United States mail in a sealed

22  envelope, properly addressed with postage prepaid, is

23  considered proof of compliance with the time requirement.

24         (4)  The department shall examine each annual report

25  when received; and, if it finds that the report conforms to

26  the requirements of this section, it shall file the report as

27  information and keep such report as a public record.  If the

28  department finds that the report does not so conform, the

29  department shall promptly return the report to the partnership

30  for correction, in which event, if such report is corrected to

31  conform with the requirements of this section and returned to

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1  the department within 30 days from the date on which the

  2  report was mailed to the partnership by the department, the

  3  penalties provided in s. 620.178 will not apply.

  4         (5)  The first annual report must be delivered to the

  5  Department of State between January 1 and May 1 of the year

  6  following the calendar year in which a domestic partnership

  7  was formed or a foreign partnership was authorized to conduct

  8  affairs. Subsequent annual reports must be delivered to the

  9  Department of State between January 1 and May 1 of the

10  subsequent calendar years.

11         (6)  Information in the annual report must be current

12  as of the date the annual report is executed on behalf of the

13  partnership.

14         (7)  If an additional report is received, the

15  department shall file the document and make the information

16  contained in the report part of the official record.

17         (8)  Any partnership that fails to file an annual

18  report which complies with the requirements of this section

19  may not maintain or defend any action in any court of this

20  state until such report is filed and all fees and taxes due

21  under this act are paid and is subject to revocation of its

22  certificate of authority to conduct its affairs as provided in

23  this act.

24         (9)(5)  The department shall prescribe the forms on

25  which to make the annual reports called for in this section

26  and may substitute the uniform business report, pursuant to s.

27  606.06, as a means of satisfying the requirement of this part

28  shall furnish blank forms on request.

29         Section 11.  Subsections (6) and (11) of section

30  865.09, Florida Statutes, 1998 Supplement, are amended to

31  read:

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1         865.09  Fictitious name registration.--

  2         (6)  RENEWAL.--

  3         (a)  Renewal of a fictitious name registration shall

  4  occur on or after January July 1 and on or before December 31

  5  of the expiration year.  Upon timely filing of a renewal

  6  statement, the effectiveness of the name registration is

  7  continued for 5 years as provided in subsection (5).

  8         (b)  In the last year of the registration, the division

  9  shall mail to the last reported mailing address or to the

10  address of any registered owner of a name of each name

11  registration on its records, at least 3 months prior to its

12  expiration date, a statement of renewal.

13         (c)  If the owner of the name registration fails to

14  file a renewal and pay the appropriate processing fees prior

15  to December 31 of the year of expiration, the name

16  registration expires.  The division shall remove any expired

17  or canceled name registration from its records and may purge

18  such registrations. Failure to receive the statement of

19  renewal required by paragraph (b) shall not constitute grounds

20  for appeal of a registration's expiration or removal from the

21  division's records.

22         (11)  FORMS.--Registration, cancellation, and renewal

23  shall be made on forms prescribed by the Department of State,

24  which may include the uniform business report, pursuant to s.

25  606.06, as a means of satisfying the requirement of this part.

26         Section 12.  Section 15.16, Florida Statutes, is

27  amended to read:

28         15.16  Reproduction of records; admissibility in

29  evidence; electronic receipt and transmission of records;

30  certification; acknowledgment.--

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1         (1)  The Department of State may cause to be made

  2  copies of any records maintained by it by miniature

  3  photographic microfilming or microphotographic processes or

  4  any other photographic, mechanical, or other process

  5  heretofore or hereafter devised, including electronic data

  6  processing.

  7         (2)  Photographs, nonerasable optical images, or

  8  microphotographs in the form of film, facsimiles, or prints of

  9  any records made in compliance with the provisions of this

10  section shall have the same force and effect as the originals

11  thereof and shall be treated as originals for the purpose of

12  their admissibility in evidence.  Duly certified or

13  authenticated reproductions of such photographs, nonerasable

14  optical images, or microphotographs shall be admitted in

15  evidence equally with the original photographs, nonerasable

16  optical images, or microphotographs.

17         (3)  The Department of State may cause to be received

18  electronically any records that are required to be filed with

19  it pursuant to chapter 55, chapter 606, chapter 607, chapter

20  608, chapter 617, chapter 620, chapter 621, chapter 679,

21  chapter 713, or chapter 865, through facsimile or other

22  electronic transfers, for the purpose of filing such records.

23  The originals of all such electronically transmitted records

24  must be executed in the manner provided in paragraph (5)(b) by

25  law and must contain in the lower left-hand corner of the

26  first page the name, address, and telephone number of the

27  preparer of the original and, if prepared by an attorney

28  licensed in this state, the preparer's Florida Bar membership

29  number.  The receipt of such electronic transfer constitutes

30  delivery to the department as required by law.

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1         (4)  Notwithstanding any other provision of law, the

  2  department may certify or acknowledge and electronically

  3  transmit any record maintained by it.  The certification must

  4  be evidenced by a certification code on each page transmitted

  5  which must include the charter or filing number of the

  6  document, date of transmission, and page number of the total

  7  number of pages transmitted, and a sequential certification

  8  number assigned by the department which will identify the

  9  transmission and be available for verification of any

10  transmitted acknowledgment or certified document.

11         (5)  Notwithstanding any other provision of If not

12  otherwise provided by law, the Department of State shall

13  determine, by rule, the appropriate format for, number of

14  copies of, manner of execution of, method of electronic

15  transmission of, and amount of and method of payment of fees

16  for purposes of electronic filing of any document placed under

17  its jurisdiction for filing or recordation:.

18         (a)  The appropriate format, which must be retrievable

19  or reproducible in typewritten or printed form and must be

20  legible.

21         (b)  The manner of execution, which may include any

22  symbol, manual, facsimile, conformed, or electronic signature

23  adopted by a person with the present intent to authenticate a

24  document.

25         (c)  The method of electronic transmission, and fee

26  payment for such document.

27         (d)  The amount of any fee surcharge or discount for

28  the use of an electronic filing format.

29         (6)  The Department of State may use government or

30  private sector contractors in the promotion or provision of

31  any electronic filing services.

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1         Section 13.  Subsections (4), (7), and (9) of section

  2  607.0120, Florida Statutes, are amended, and subsection (10)

  3  is added to that section, to read:

  4         607.0120  Filing requirements.--

  5         (4)  The document must be typewritten or printed, or,

  6  if electronically transmitted, the document must be in a

  7  format that can te retrieved or reproduced in typewritten or

  8  printed form, and must be legible.

  9         (7)  The person executing the document shall sign it

10  and state beneath or opposite his or her signature his or her

11  name and the capacity in which he or she signs.  The document

12  may, but need not, contain:

13         (a)  the corporate seal,

14         (b)  an attestation by the secretary or an assistant

15  secretary,

16         (c)  an acknowledgment, or a verification, or proof.

17         (9)  The document must be delivered to the office of

18  the Department of State for filing.  Delivery may be made by

19  electronic transmission if and to the extent permitted by the

20  Department of State. If it is filed in typewritten or printed

21  form and not transmitted electronically, the Department of

22  State may require, may be accompanied by one exact or

23  conformed copy, to be delivered with the document, (except as

24  provided in s. 607.1509), and must be accompanied by the

25  correct filing fee and any other tax or penalty required by

26  this act or other law.

27         (10)  When the document is delivered to the Department

28  of State for filing, the correct filing fee, and any other

29  tax, license fee, or penalty required to be paid by this act

30  or other law shall be paid or provision for payment made in a

31  manner permitted by the Department of State.

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1         Section 14.  Subsections (1) and (2) of section

  2  607.0123, Florida Statutes, are amended to read:

  3         607.0123  Effective time and date of document.--

  4         (1)  Except as provided in subsection (2) and in s.

  5  607.0124(3), a document accepted for filing is effective:

  6         (a)  At the date time of filing on the date it is

  7  filed, as evidenced by such means as the Department of State

  8  may use for the purpose of recording the date of filing

  9  State's date and time endorsement on the original document; or

10         (b)  At the date time specified in the document as its

11  effective time on the date it is filed.

12         (2)  A document may specify a delayed effective time

13  and date, and if it does the document shall become effective

14  on at the time and date specified.  If a delayed effective

15  date, but no time, is specified, the document shall become

16  effective at the start close of business on that date.  Unless

17  otherwise permitted by this act, a delayed effective date for

18  a document may not be later than the 90th day after the date

19  on which it is filed.

20         Section 15.  Section 607.0124, Florida Statutes, is

21  amended to read:

22         607.0124  Correcting filed document.--

23         (1)  A domestic or foreign corporation may correct a

24  document filed by the Department of State within 10 business

25  days of filing if the document:

26         (a)  Contains an inaccuracy incorrect statement; or

27         (b)  Was defectively executed, attested, sealed,

28  verified, or acknowledged; or

29         (c)  The electronic transmission was defective.

30         (2)  A document is corrected:

31         (a)  By preparing articles of correction that:

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1         1.  Describe the document (including its filing date)

  2  or attach a copy of it to the articles;

  3         2.  Specify the inaccuracy or defect to be corrected

  4  incorrect statement and the reason it is incorrect or the

  5  manner in which the execution was defective; and

  6         3.  Correct the inaccuracy or defect incorrect

  7  statement or defective execution; and

  8         (b)  By delivering the executed articles of correction

  9  to the Department of State for filing.

10         (3)  Articles of correction are effective on the

11  effective date of the document they correct except as to

12  persons relying on the uncorrected document and adversely

13  affected by the correction.  As to those persons, articles of

14  correction are effective when filed.

15         Section 16.  Subsection (2) of section 607.0125,

16  Florida Statutes, is amended to read:

17         607.0125  Filing duties of Department of State.--

18         (2)  The Department of State files a document by

19  recording it as filed on stamping or otherwise endorsing

20  "filed," together with the Secretary of State's official title

21  and the date and time of receipt.  After filing a document,

22  the Department of State shall deliver an acknowledgment or

23  certified copy to the domestic or foreign corporation or its

24  representative.

25         Section 17.  Section 607.0127, Florida Statutes, is

26  amended to read:

27         607.0127  Evidentiary effect of copy of filed

28  document.--A certificate from the Department of State

29  delivered with attached to a copy of a document filed by the

30  Department of State, bearing the signature of the Secretary of

31  State (which may be in facsimile) and the seal of this state,

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1  is conclusive evidence that the original document is on file

  2  with the department.

  3         Section 18.  Subsection (7) of section 607.01401,

  4  Florida Statutes, is amended, present subsections (9)-(24) are

  5  renumbered as subsections (10)-(25), respectively, present

  6  subsections (25)-(29) are renumbered as subsections (27)-(31),

  7  respectively, and new subsections (9) and (26) are added to

  8  that section, to read:

  9         607.01401  Definitions.--As used in this act, unless

10  the context otherwise requires, the term:

11         (7)  "Deliver" or "delivery" means any method of

12  delivery used in conventional commercial practice, including

13  delivery by hand, includes mail, commercial delivery, and

14  electronic transmission.

15         (9)  "Electronic transmission" or "electronically

16  transmitted" means any process of communication not directly

17  involving the physical transfer of paper that is suitable for

18  the retention, retrieval, and reproduction of information by

19  the recipient.

20         (26)  "Sign" or "signature" means any symbol, manual,

21  facsimile, conformed, or electronic signature adopted by a

22  person with the intent to authenticate a document.

23         Section 19.  Section 607.0141, Florida Statutes, is

24  amended to read:

25         607.0141  Notice.--

26         (1)  Notice under this act must be in writing, unless

27  oral notice is:

28         (a)  Expressly authorized by the articles of

29  incorporation or the bylaws, and

30         (b)  Reasonable under the circumstances.

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1  Notice by electronic transmission is written notice.

  2         (2)  Notice may be communicated in person; by

  3  telephone, voice mail (where oral notice is permitted), or

  4  other electronic means telegraph, teletype, or other form of

  5  electronic communication; or by mail or other method of

  6  delivery.

  7         (3)  Written notice by a domestic or foreign

  8  corporation authorized to transact business in this state to

  9  its shareholder, if in a comprehensible form, is effective:

10  when mailed

11         (a)  Upon deposit into the United States mail, if

12  mailed postpaid and correctly addressed to the shareholder's

13  address shown in the corporation's current record of

14  shareholders; or

15         (b)  When electronically transmitted to the shareholder

16  in a manner authorized by the shareholder.

17         (4)  Written notice to a domestic or foreign

18  corporation authorized to transact business in this state may

19  be addressed:

20         (a)  To its registered agent at its registered office;

21  or

22         (b)  To the corporation or its secretary at its

23  principal office or electronic mail address as authorized and

24  shown in its most recent annual report or, in the case of a

25  corporation that has not yet delivered an annual report, in a

26  domestic corporation's articles of incorporation or in a

27  foreign corporation's application for certificate of

28  authority.

29         (5)  Except as provided in subsection (3) or elsewhere

30  in this act, written notice, if in a comprehensible form, is

31  effective at the earliest date of the following:

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1         (a)  When received;

  2         (b)  Five days after its deposit in the United States

  3  mail, as evidenced by the postmark, if mailed postpaid and

  4  correctly addressed; or

  5         (c)  On the date shown on the return receipt, if sent

  6  by registered or certified mail, return receipt requested, and

  7  the receipt is signed by or on behalf of the addressee.

  8         (6)  Oral notice is effective when communicated if

  9  communicated directly to the person to be notified in a

10  comprehensible manner.

11         (7)  If this act prescribes notice requirements for

12  particular circumstances, those requirements govern.  If

13  articles of incorporation or bylaws prescribe notice

14  requirements not less stringent than the requirements of this

15  section or other provisions of this act, those requirements

16  govern.

17         Section 20.  Paragraph (a) of subsection (4) of section

18  339.12, Florida Statutes, is amended to read:

19         339.12  Aid and contributions by governmental entities

20  for department projects; federal aid.--

21         (4)(a)  Prior to accepting the contribution of road

22  bond proceeds, time warrants, or cash for which reimbursement

23  is sought, the department shall enter into agreements with the

24  governing body of the governmental entity for the project or

25  project phases in accordance with specifications agreed upon

26  between the department and the governing body of the

27  governmental entity.  The department in no instance is to

28  receive from such governmental entity an amount in excess of

29  the actual cost of the project or project phase.  By specific

30  provision in the written agreement between the department and

31  the governing body of the governmental entity, the department

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1  may agree to reimburse the governmental entity for the actual

  2  amount of the bond proceeds, time warrants, or cash used on a

  3  highway project or project phases that are not revenue

  4  producing and are contained in the department's adopted work

  5  program, or any public transportation project contained in the

  6  adopted work program. Subject to appropriation of funds by the

  7  Legislature, the department may commit state funds for

  8  reimbursement of such projects or project phases.

  9  Reimbursement to the governmental entity for such a project or

10  project phase must be made from funds appropriated by the

11  Legislature, and reimbursement for the cost of the project or

12  project phase is to begin in the year the project or project

13  phase is scheduled in the work program as of the date of the

14  agreement. Funds advanced pursuant to this section, which were

15  originally designated for transportation purposes and so

16  reimbursed to a county or municipality, shall be used by the

17  county or municipality for any transportation expenditure

18  authorized under s. 336.025(7). Also, cities and counties may

19  receive funds from persons, and reimburse those persons, for

20  the purposes of this section.  Such persons may include, but

21  are not limited to, those persons defined in s.

22  607.01401(19)(18).

23         Section 21.  Paragraph (d) of subsection (1) of section

24  15.09, Florida Statutes, 1998 Supplement, subsection (2) of

25  section 15.091, Florida Statutes, and paragraphs (g) and (h)

26  of subsection (1) of section 607.1622, Florida Statutes, are

27  repealed.

28         Section 22.  This act shall take effect upon becoming a

29  law.

30

31

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    Florida Senate - 1999                                  SB 1830
    31-1101-99                                         See HB 1075




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Specifies purposes and use of a master business index and
  4    provides requirements for participating agencies.
      Authorizes the Department of State create a directory of
  5    business activity, to use a uniform business report,
      prescribe forms, and use the uniform business report as a
  6    substitute for reporting and renewal requirements.
      Provides for electronic filing of documents. (See bill
  7    for details.)

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