Senate Bill 1830e1

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    SB 1830                                        First Engrossed



  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; providing an effective

30         date.

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

  2

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

  4  606.03, Florida Statutes, are renumbered as subsections (5)

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

  6  added to that section, to read:

  7         606.03  Definitions.--As used in this act:

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

  9  government which elects to participate in the exchange of

10  information through the master business index.

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

12  gathering document distributed by the department to collect or

13  update current data for the master business index.

14         Section 2.  Section 606.04, Florida Statutes, is

15  amended to read:

16         606.04  Master Single business index identifier.--

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

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

19  registration program databases the department currently

20  maintains.  Each business entity shall be assigned a unique

21  single business identifier for interagency use. The master

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

23  business entities and shall reflect a listing of all licenses

24  and registrations held by a business with any participating

25  agency.

26         (b)  Each participating agency, notwithstanding any

27  other requirement of law, shall:

28         1.  Provide updated information regarding the status of

29  a business entity which the agency regulates or licenses and

30  on which the agency maintains records.

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

  2  alternative means of acquiring information about a business

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

  4  comply with the various requirements for registration, license

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

  6  agency's statutory responsibilities.

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

  8  instance as an authorized source for the creation or amendment

  9  of any official records.

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

11  conjunction with the master business index, a directory of

12  business activity which will facilitate the exchange of

13  information on Florida's business opportunities and further

14  the international and domestic economic development efforts of

15  this state.

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

17  it deems necessary to integrate all nonbusiness entity or

18  commercial registrations it maintains into the master business

19  index such that all registrations maintained for a business

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

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

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

23  facilitate the registration of a business entity with that

24  agency take the actions it deems practical to consolidate its

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

26  specified mailing dates and filing deadlines.

27         Section 3.  Section 606.06, Florida Statutes, is

28  created to read:

29         606.06  Uniform business report.--The department may

30  use the uniform business report:

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

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

  3  registrant.

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

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

  6  and 865.

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

  8  issuance of a Federal Employer Identification Number, pursuant

  9  to any formal agreement with the Internal Revenue Service of

10  the United States.

11         (4)  To comply with any formal agreement for

12  information exchange or reciprocal issuance of a license

13  permit or registration.

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

15  database and a directory of businesses and any information

16  regarding the activities of such businesses which will further

17  the international and domestic economic development efforts of

18  this state.

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

20  495.071, Florida Statutes, are amended to read:

21         495.071  Duration and renewal.--

22         (3)  The Department of State shall notify registrants

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

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

25  registration by writing to the last known address of the

26  registrants. The department shall prescribe the forms on which

27  to make the required notification and the renewal called for

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

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

30  requirement of this part.

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

  2  this chapter shall become effective shall be effective for a

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

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

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

  6  an application with the Department of State on a form

  7  furnished by it and paying the aforementioned renewal fee

  8  therefor within 6 months prior to the expiration of the

  9  registration.

10         (4)(5)  All applications for renewals under this

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

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

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

14  intention to abandon the mark.

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

16  607.0121, Florida Statutes, is amended to read:

17         607.0121  Forms.--

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

19  on request forms for:

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

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

22  s. 606.06.

23

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

25  shall be mandatory.

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

27  607.1622, Florida Statutes, to read:

28         607.1622  Annual report for Department of State.--

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

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

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

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

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

  4  Florida Statutes, to read:

  5         608.4511  Annual report for Department of State.--

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

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

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

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

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

11  617.0121, Florida Statutes, is amended to read:

12         617.0121  Forms.--

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

14  on request forms for:

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

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

17  s. 606.06.

18

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

20  shall be mandatory.

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

22  617.1622, Florida Statutes, to read:

23         617.1622  Annual report for Department of State.--

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

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

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

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

28         Section 10.  Section 620.177, Florida Statutes, is

29  amended to read:

30         620.177  Annual report of domestic or foreign limited

31  partnership; renewal of authority.--


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

  2  limited partnership, which certificate expires on January 1 of

  3  each year, each domestic or foreign limited partnership

  4  authorized to transact business in this state shall file with

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

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

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

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

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

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

11  state.

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

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

14  original registration in this state.

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

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

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

18  foreign limited partnership, the address of the office

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

20  address of any agent for service of process appointed pursuant

21  to s. 620.169.

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

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

24  entity and not an individual must be organized or otherwise

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

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

27  revoked, or withdrawn.

28         (f)  A mailing address for the partnership.

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

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

31  foreign limited partnership, the amount of the capital


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  1  contributions of its limited partners that is allocated for

  2  the purpose of transacting business in this state.

  3         (h)  The federal employer identification number of the

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

  5  applied for.

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

  7  appropriate to enable the department to carry out the

  8  provisions of this act.

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

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

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

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

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

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

15  report.

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

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

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

19  envelope, properly addressed with postage prepaid, is

20  considered proof of compliance with the time requirement.

21         (4)  The department shall examine each annual report

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

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

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

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

26  department shall promptly return the report to the partnership

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

28  conform with the requirements of this section and returned to

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

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

31  penalties provided in s. 620.178 will not apply.


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

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

  3  following the calendar year in which a domestic partnership

  4  was formed or a foreign partnership was authorized to conduct

  5  affairs. Subsequent annual reports must be delivered to the

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

  7  subsequent calendar years.

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

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

10  partnership.

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

12  department shall file the document and make the information

13  contained in the report part of the official record.

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

15  report which complies with the requirements of this section

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

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

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

19  certificate of authority to conduct its affairs as provided in

20  this act.

21         (9)(5)  The department shall prescribe the forms on

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

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

24  606.06, as a means of satisfying the requirement of this part

25  shall furnish blank forms on request.

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

27  865.09, Florida Statutes, 1998 Supplement, are amended to

28  read:

29         865.09  Fictitious name registration.--

30         (6)  RENEWAL.--

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  1         (a)  Renewal of a fictitious name registration shall

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

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

  4  statement, the effectiveness of the name registration is

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

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

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

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

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

10  expiration date, a statement of renewal.

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

12  file a renewal and pay the appropriate processing fees prior

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

14  registration expires.  The division shall remove any expired

15  or canceled name registration from its records and may purge

16  such registrations. Failure to receive the statement of

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

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

19  division's records.

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

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

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

23  606.06, as a means of satisfying the requirement of this part.

24         Section 12.  Section 15.16, Florida Statutes, is

25  amended to read:

26         15.16  Reproduction of records; admissibility in

27  evidence; electronic receipt and transmission of records;

28  certification; acknowledgment.--

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

30  copies of any records maintained by it by miniature

31  photographic microfilming or microphotographic processes or


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  1  any other photographic, mechanical, or other process

  2  heretofore or hereafter devised, including electronic data

  3  processing.

  4         (2)  Photographs, nonerasable optical images, or

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

  6  any records made in compliance with the provisions of this

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

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

  9  their admissibility in evidence.  Duly certified or

10  authenticated reproductions of such photographs, nonerasable

11  optical images, or microphotographs shall be admitted in

12  evidence equally with the original photographs, nonerasable

13  optical images, or microphotographs.

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

15  electronically any records that are required to be filed with

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

17  608, chapter 617, chapter 620, chapter 621, chapter 679,

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

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

20  The originals of all such electronically transmitted records

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

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

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

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

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

26  number.  The receipt of such electronic transfer constitutes

27  delivery to the department as required by law.

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

29  department may certify or acknowledge and electronically

30  transmit any record maintained by it.  The certification must

31  be evidenced by a certification code on each page transmitted


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  1  which must include the charter or filing number of the

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

  3  number of pages transmitted, and a sequential certification

  4  number assigned by the department which will identify the

  5  transmission and be available for verification of any

  6  transmitted acknowledgment or certified document.

  7         (5)  Notwithstanding any other provision of If not

  8  otherwise provided by law, the Department of State shall

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

10  copies of, manner of execution of, method of electronic

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

12  for purposes of electronic filing of any document placed under

13  its jurisdiction for filing or recordation:.

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

15  or reproducible in typewritten or printed form and must be

16  legible.

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

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

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

20  document.

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

22  payment for such document.

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

24  the use of an electronic filing format.

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

26  private sector contractors in the promotion or provision of

27  any electronic filing services.

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

29  607.0120, Florida Statutes, are amended, and subsection (10)

30  is added to that section, to read:

31         607.0120  Filing requirements.--


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

  2  if electronically transmitted, the document must be in a

  3  format that can be retrieved or reproduced in typewritten or

  4  printed form, and must be legible.

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

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

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

  8  may, but need not, contain:

  9         (a)  the corporate seal,

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

11  secretary,

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

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

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

15  electronic transmission if and to the extent permitted by the

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

17  form and not transmitted electronically, the Department of

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

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

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

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

22  this act or other law.

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

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

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

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

27  manner permitted by the Department of State.

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

29  607.0123, Florida Statutes, are amended to read:

30         607.0123  Effective time and date of document.--

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

  2  607.0124(3), a document accepted for filing is effective:

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

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

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

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

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

  8  effective time on the date it is filed.

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

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

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

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

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

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

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

16  on which it is filed.

17         Section 15.  Section 607.0124, Florida Statutes, is

18  amended to read:

19         607.0124  Correcting filed document.--

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

21  document filed by the Department of State within 10 business

22  days of filing if the document:

23         (a)  Contains an inaccuracy incorrect statement; or

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

25  verified, or acknowledged; or

26         (c)  The electronic transmission was defective.

27         (2)  A document is corrected:

28         (a)  By preparing articles of correction that:

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

30  or attach a copy of it to the articles;

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  1         2.  Specify the inaccuracy or defect to be corrected

  2  incorrect statement and the reason it is incorrect or the

  3  manner in which the execution was defective; and

  4         3.  Correct the inaccuracy or defect incorrect

  5  statement or defective execution; and

  6         (b)  By delivering the executed articles of correction

  7  to the Department of State for filing.

  8         (3)  Articles of correction are effective on the

  9  effective date of the document they correct except as to

10  persons relying on the uncorrected document and adversely

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

12  correction are effective when filed.

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

14  Florida Statutes, is amended to read:

15         607.0125  Filing duties of Department of State.--

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

17  recording it as filed on stamping or otherwise endorsing

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

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

20  the Department of State shall deliver an acknowledgment or

21  certified copy to the domestic or foreign corporation or its

22  representative.

23         Section 17.  Section 607.0127, Florida Statutes, is

24  amended to read:

25         607.0127  Evidentiary effect of copy of filed

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

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

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

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

30  is conclusive evidence that the original document is on file

31  with the department.


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

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

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

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

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

  6  that section, to read:

  7         607.01401  Definitions.--As used in this act, unless

  8  the context otherwise requires, the term:

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

10  delivery used in conventional commercial practice, including

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

12  electronic transmission.

13         (9)  "Electronic transmission" or "electronically

14  transmitted" means any process of communication not directly

15  involving the physical transfer of paper that is suitable for

16  the retention, retrieval, and reproduction of information by

17  the recipient.

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

19  facsimile, conformed, or electronic signature adopted by a

20  person with the intent to authenticate a document.

21         Section 19.  Section 607.0141, Florida Statutes, is

22  amended to read:

23         607.0141  Notice.--

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

25  oral notice is:

26         (a)  Expressly authorized by the articles of

27  incorporation or the bylaws, and

28         (b)  Reasonable under the circumstances.

29

30  Notice by electronic transmission is written notice.

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

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

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

  4  electronic communication; or by mail or other method of

  5  delivery.

  6         (3)  Written notice by a domestic or foreign

  7  corporation authorized to transact business in this state to

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

  9  when mailed

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

11  mailed postpaid and correctly addressed to the shareholder's

12  address shown in the corporation's current record of

13  shareholders; or

14         (b)  When electronically transmitted to the shareholder

15  in a manner authorized by the shareholder.

16         (4)  Written notice to a domestic or foreign

17  corporation authorized to transact business in this state may

18  be addressed:

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

20  or

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

22  principal office or electronic mail address as authorized and

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

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

25  domestic corporation's articles of incorporation or in a

26  foreign corporation's application for certificate of

27  authority.

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

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

30  effective at the earliest date of the following:

31         (a)  When received;


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    SB 1830                                        First Engrossed



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

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

  3  correctly addressed; or

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

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

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

  7         (6)  Oral notice is effective when communicated if

  8  communicated directly to the person to be notified in a

  9  comprehensible manner.

10         (7)  If this act prescribes notice requirements for

11  particular circumstances, those requirements govern.  If

12  articles of incorporation or bylaws prescribe notice

13  requirements not less stringent than the requirements of this

14  section or other provisions of this act, those requirements

15  govern.

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

17  339.12, Florida Statutes, is amended to read:

18         339.12  Aid and contributions by governmental entities

19  for department projects; federal aid.--

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

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

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

23  governing body of the governmental entity for the project or

24  project phases in accordance with specifications agreed upon

25  between the department and the governing body of the

26  governmental entity.  The department in no instance is to

27  receive from such governmental entity an amount in excess of

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

29  provision in the written agreement between the department and

30  the governing body of the governmental entity, the department

31  may agree to reimburse the governmental entity for the actual


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    SB 1830                                        First Engrossed



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

  2  highway project or project phases that are not revenue

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

  4  program, or any public transportation project contained in the

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

  6  Legislature, the department may commit state funds for

  7  reimbursement of such projects or project phases.

  8  Reimbursement to the governmental entity for such a project or

  9  project phase must be made from funds appropriated by the

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

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

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

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

14  originally designated for transportation purposes and so

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

16  county or municipality for any transportation expenditure

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

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

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

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

21  607.01401(19)(18).

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

23  15.09, Florida Statutes, 1998 Supplement, subsection (2) of

24  section 15.091, Florida Statutes, are repealed.

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

26  law.

27

28

29

30

31


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