Florida Senate - 2009 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1780
Barcode 662430
LEGISLATIVE ACTION
Senate . House
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Floor: AD/CR .
05/08/2009 12:42 PM .
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The Conference Committee on CS for CS for SB 1780 recommended
the following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsection (3) of section 15.16, Florida
7 Statutes, is amended to read:
8 15.16 Reproduction of records; admissibility in evidence;
9 electronic receipt and transmission of records; certification;
10 acknowledgment.—
11 (3) The Department of State may cause to be received
12 electronically any records that are required to be filed with it
13 pursuant to chapter 55, chapter 117, chapter 118, chapter 495,
14 chapter 606, chapter 607, chapter 608, chapter 610, chapter 617,
15 chapter 620, chapter 621, chapter 679, chapter 713, or chapter
16 865, through facsimile or other electronic transfers, for the
17 purpose of filing such records. The originals of all such
18 electronically transmitted records must be executed in the
19 manner provided in paragraph (5)(b). The receipt of such
20 electronic transfer constitutes delivery to the department as
21 required by law. The department may use electronic transmissions
22 for purposes of notice in the administration of chapters 55,
23 117, 118, 495, 606, 607, 608, 610, 617, 620, 621, 679 and 713
24 and s. 865.09. The Department of State may collect e-mail
25 addresses for purposes of notice and communication in the
26 performance of its duties and may require filers and registrants
27 to furnish such e-mail addresses when presenting documents for
28 filing.
29 Section 2. Sections 265.2861, 265.2862, 265.289, 265.608,
30 265.609, 265.702, and 265.708, Florida Statutes, are repealed.
31 Section 3. Section 265.281, Florida Statutes, is amended to
32 read:
33 265.281 Florida Fine Arts and Culture Act; short title.
34 Sections 265.281-265.709 265.281-265.286 shall be known and may
35 be cited as the “Florida Fine Arts and Culture Act of 1980.”
36 Section 4. Section 265.282, Florida Statutes, is amended to
37 read:
38 265.282 Legislative intent.—The Legislature recognizes the
39 vast cultural resources available in Florida the state for the
40 development, promotion, and enjoyment of arts and culture the
41 fine arts. It is the intent of the Legislature by enactment of
42 this legislation to provide for maximum efficiency in providing
43 state support for, and to gain gaining national and
44 international recognition of, the efforts, works, and
45 performances of Florida artists, and art agencies, museums, and
46 nonprofit organizations. Furthermore, it is the intent of the
47 Legislature shall to foster and ensure, through the state arts
48 administrative agency programs authorized in this act, that arts
49 and culture have a significant and positive effect on Florida
50 residents created hereunder, the development of a receptive
51 climate for the fine arts; to enrich culturally and benefit the
52 citizens of this state in their daily lives; to make Florida
53 visits and vacations all the more appealing to the world; and to
54 attract to Florida residency additional outstanding creators in
55 the fields of fine arts through appropriate programs of
56 publicity, education, coordination, grants, and activities, such
57 as sponsorship of art lectures and exhibitions and central
58 compilation and dissemination of information on the progress of
59 the fine arts in Florida.
60 Section 5. Section 265.283, Florida Statutes, is amended to
61 read:
62 265.283 Definitions relating to Florida Fine Arts Act of
63 1980.—The following definitions shall apply to ss. 265.281
64 265.709 265.281-265.286:
65 (1) “Council” means the Florida Arts Council on Arts and
66 Culture.
67 (2) “Department” means the Department of State.
68 (3) “Director” means the Director of the Division of
69 Cultural Affairs of the Department of State.
70 (4) “Division” means the Division of Cultural Affairs of
71 the Department of State.
72 (5) “Panel” means a grant review panel.
73 (6) “Secretary” means the Secretary of State.
74 (7) “Arts and cultural disciplines” “The arts” means any
75 and all artistic disciplines, which include, but are not limited
76 to, music, dance, theatre drama, theater programs, creative
77 writing, literature, architecture, painting, sculpture, folk
78 arts, photography, crafts, and public media arts, visual arts,
79 programs of museums, and the execution and exhibition of other
80 such allied, major art forms.
81 (8) “Local arts agency” means a public or private nonprofit
82 organization located in Florida and operating on a permanent
83 basis for the primary purpose of strengthening, supporting, and
84 stabilizing the activities of one or more county art and
85 cultural constituencies.
86 (9) “Historical museum” means a department or agency of
87 state or local government or a public or private nonprofit
88 organization located in Florida and operating on a permanent
89 basis for the primary purpose of sponsoring, producing, and
90 exhibiting educational programs that are related to the
91 historical resources of Florida.
92 (10) “Science museum” means a public or private nonprofit
93 organization located in Florida and operating on a permanent
94 basis for the primary purpose of sponsoring, producing, and
95 exhibiting programs for the observation and study of various
96 types of natural science and science technology.
97 (11) “Youth and children’s museum” means a public or
98 private nonprofit organization located in Florida and operating
99 on a permanent basis for the primary purpose of sponsoring,
100 producing, and exhibiting multidisciplinary and participatory
101 programs for visitors who are 6 months to 15 years old, and
102 their families, teachers, and caregivers.
103 (12) “State service organization” means a public or private
104 nonprofit organization located in Florida operating on a
105 permanent basis for the primary purpose of implementing programs
106 that have cultural significance and that emphasize American
107 creativity and the maintenance and encouragement of professional
108 excellence.
109 (13) “Arts in education grants” means grants used to
110 cultivate the learning and artistic development of all students
111 and teachers by promoting, encouraging, and supporting arts and
112 culture as an integral part of education and lifelong learning
113 for residents and visitors.
114 (14) “Cultural support grants” means grants that provide
115 support for general programs and specific cultural projects.
116 (15) “State touring program grants” means grants used to
117 provide performances, activities, and exhibitions by Florida
118 artists to communities.
119 (16) “Underserved arts community assistance program grants”
120 means grants used by qualified organizations under the Rural
121 Economic Development Initiative, pursuant to ss. 288.0656 and
122 288.06561, for the purpose of economic and organizational
123 development for underserved cultural organizations.
124 (17) “Culture Builds Florida grants” means grants used for
125 the purpose of connecting the arts to key areas of the
126 division’s long-term strategic plan.
127 Section 6. Section 265.284, Florida Statutes, is amended to
128 read:
129 265.284 Chief cultural officer; director of division;
130 powers and duties.—
131 (1) The Secretary of State is the chief cultural officer of
132 the state, and the Division of Cultural Affairs is designated as
133 the state arts administrative agency.
134 (2) The division is the state arts administrative agency
135 and Division of Cultural Affairs of the Department of State
136 shall be headed by a director who shall serve at the pleasure of
137 the secretary of State.
138 (3) The division of Cultural Affairs shall directly
139 administer and oversee have direct administrative authority and
140 responsibility for all of the programs authorized by this act.
141 In furtherance thereof, the division shall have the authority
142 to:
143 (a) Accept and administer state and federal funds
144 appropriated by the Legislature or funds received from other
145 public or private sources provided for the fine arts, the
146 grants, and any program authorized by this act.
147 (b) Advance funds for grants on a quarterly basis.
148 (c)(b) Subject to the approval of the Secretary of State,
149 Enter into agreements for awarding grants or other such
150 contracts with any person, firm, performing arts company,
151 educational institution, arts organization, corporation, or
152 governmental agency as may be necessary or advisable to carry
153 out its functions under this act.
154 (c) Seek, and help assure, a uniformity of artwork within
155 state buildings and review all art content of existing public
156 buildings or buildings of state ownership for the purpose of
157 making recommendations to the Department of Management Services
158 as to matters of installation, relocation, restoration, removal,
159 or any other disposition of such works of art.
160 (d) Upon On request, or at its own initiative, consult with
161 and advise other individuals, groups, organizations, or state
162 agencies and officials, particularly the Governor and the
163 Cabinet, concerning the acquisition by gift or purchase of fine
164 art works, the appropriate use and display of state-owned art
165 treasures for maximum public benefit, and the suitability of any
166 structures or fixtures, including framing, primarily intended
167 for ornamental or decorative purposes in the interior of public
168 buildings.
169 (e) Accept on behalf of the state donations of money,
170 property, art objects, and antiquities. Such donations of money
171 and any cash income which may be received by the division or
172 which were previously received by the Florida Fine Arts Council
173 from the disposal of any donations of property, art objects, or
174 antiquities, which shall be deposited into the Florida Fine Arts
175 a separate Trust Fund and are hereby appropriated for to the use
176 by of the division for the purposes authorized in of this act.
177 (f) Sponsor performances and exhibits; promote and
178 encourage the study and appreciation of arts and culture; and
179 collect, publish, and print pamphlets, papers, newsletters, and
180 other materials related to arts and cultural programs available
181 throughout the state.
182 (g) Conduct and support cultural programs and cultural
183 exchanges by coordinating with the appropriate state agencies
184 and other organizations.
185 (h) Accept funding and other forms of support for the
186 purposes in this act.
187 (i) Notwithstanding s. 287.022 or s. 287.025(1)(e), enter
188 into contracts to insure museum collections, artifacts, relics,
189 and fine arts to which it holds title or which are on loan to
190 the division.
191 (j) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
192 implement this subsection.
193 (4) There is created the Florida Fine Arts Trust Fund to be
194 administered by the department and which of State for the
195 purposes set forth by law. The Florida Fine Arts Trust Fund
196 shall consist of moneys appropriated by the Legislature or and
197 moneys contributed to the fund from any other source.
198 (5) The division is further authorized to:
199 (a) Accept and administer moneys appropriated by the
200 Legislature, and moneys received from the Federal Government or
201 from other public or private sources, for the development of
202 nationally recognized Florida performing arts groups through a
203 state touring program. The division shall develop and establish
204 a selection procedure which will ensure maximum opportunity for
205 selection of and participation by Florida performing arts groups
206 in the state touring program.
207 (b) Sponsor performances and exhibits; promote and
208 encourage the study and appreciation of fine arts; and collect,
209 publish, and print pamphlets, papers, newsletters, and other
210 materials relating to fine arts programs available throughout
211 the state.
212 (c) Conduct and support cultural programs and cultural
213 exchanges in conjunction with the appropriate state agencies,
214 including the acceptance of funding, technical assistance, and
215 other forms of support for such purposes.
216 (d) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
217 implement provisions of law conferring duties on it.
218 (6) Notwithstanding any provision of s. 287.022 or s.
219 287.025(1)(e), the division may enter into contracts to insure
220 museum collections, artifacts, relics, and fine arts to which it
221 holds title.
222 Section 7. Section 265.285, Florida Statutes, is amended to
223 read:
224 265.285 Florida Arts Council on Arts and Culture;
225 membership, duties.—
226 (1)(a) The Florida Arts Council on Arts and Culture is
227 created within in the department as an advisory body, as defined
228 in s. 20.03(7), consisting to consist of 15 members. Seven
229 members shall be appointed by the Governor, four members shall
230 be appointed by the President of the Senate, and four members
231 shall be appointed by the Speaker of the House of
232 Representatives. The appointments, to be made in consultation
233 with the Secretary of State, shall recognize the need for
234 geographical representation. Council members appointed by the
235 Governor shall be appointed for 4-year terms beginning on
236 January 1 of the year of appointment. Council members appointed
237 by the President of the Senate and the Speaker of the House of
238 Representatives shall be appointed for 2-year terms beginning on
239 January 1 of the year of appointment. A member of the council
240 who serves two 4-year terms or two 2-year terms is not eligible
241 for reappointment for 1 year following the expiration of the
242 member’s second term. A member whose term has expired shall
243 continue to serve on the council until such time as a
244 replacement is appointed. Any vacancy on the council shall be
245 filled for the remainder of the unexpired term in the same
246 manner as for the original appointment. Members should have a
247 substantial history of community service in the performing or
248 visual arts, which includes, but is not limited to, theatre,
249 dance, folk arts, music, architecture, photography, and
250 literature, and media arts, or in the areas of science, history,
251 or children’s museums. In addition, it is desirable that members
252 have successfully served on boards of cultural institutions such
253 as museums and performing arts centers or are recognized as
254 patrons of the arts.
255 (b) The members shall elect a chair from their number
256 annually. The council shall meet at the call of its chair, at
257 the request of the division department, or at such times as may
258 be prescribed by its rules. A majority of the members of the
259 council constitutes a quorum, and a meeting may not be held with
260 less than a quorum present. The affirmative vote of a majority
261 of the members of the council present is necessary for any
262 official action by the council.
263 (c) The Secretary of State may appoint review panels
264 representing various artistic disciplines to assist the Florida
265 Arts Council in the grant review process. Review panel members
266 shall serve for 1-year terms. Each panel shall include
267 practicing artists or other persons actively involved in the
268 specific discipline for which the panel is to review grants. The
269 panels shall review grant applications and make recommendations
270 to the council concerning the relative merits of the applicants.
271 The division shall, by rule, establish criteria for reviewing
272 grant applications to ensure compliance with applicable federal
273 and state laws relating to discrimination and conflicts of
274 interest.
275 (d) The council and panels shall provide a forum for public
276 comment prior to voting on any art grant application.
277 (c)(e) Members of the council and panels may shall not
278 receive any compensation for their services but shall be
279 reimbursed for travel and expenses incurred in the performance
280 of their duties, as provided in s. 112.061.
281 (d)(f) If a member of the council is absent from two
282 consecutive meetings or any two regularly scheduled meetings in
283 any calendar year, the council member’s appointment shall be
284 terminated unless the original appointing authority determines
285 that extenuating circumstances exist.
286 (e)(g) The original appointing authority may remove any of
287 his or her appointees from the council for misconduct or
288 malfeasance in office, neglect of duty, incompetence, or
289 permanent inability to perform official duties or if there has
290 been an adjudication that the member is guilty of a felony.
291 (2) The duties of the council shall be to:
292 (a) Advocate for arts and culture by encouraging the study
293 and presentation of arts and cultural activities that are of
294 public interest and encourage participation in such activities
295 throughout the state.
296 (b)(a) Advise the secretary of State in all matters
297 pertaining to arts and cultural art, specifically with respect
298 to any programs and grants administered operated by the division
299 department as authorized hereunder.
300 (b) Stimulate and encourage throughout the state the study
301 and presentation of the arts and public interest and
302 participation therein.
303 (c) Make such surveys as may be advisable of public and
304 private institutions which are engaged within the state in
305 artistic and cultural activities.
306 (c)(d) Encourage the participation in and appreciation of
307 the arts and culture to meet the needs and aspirations of
308 persons in all parts of the state.
309 (d)(e) Encourage public interest in the state’s cultural
310 heritage of this state and expand its the cultural resources of
311 the state.
312 (e)(f) Encourage and assist freedom of artistic expression
313 that is essential for the well-being of the arts.
314 (f)(g) Advise the secretary of State in all matters
315 concerning the awarding of grants for the arts and culture as
316 authorized in under this act.
317 (h) Promote the enhancement and beautification of the
318 interiors of the Capitol Building and other public buildings and
319 advise appropriate state officers, state agencies, and the
320 Department of Management Services in this regard.
321 (g)(i) Review applications for grants for the acquisition,
322 renovation, or construction of cultural facilities and recommend
323 a priority for the receipt of such grants, as provided in s.
324 265.701.
325 Section 8. Section 265.286, Florida Statutes, is amended to
326 read:
327 (Substantial rewording of section. See
328 s. 265.286, F.S., for present text.)
329 265.286 Art and cultural grants.—
330 (1) The secretary may appoint review panels consisting of
331 members from various art and cultural disciplines and programs
332 to assist the council in the grant review process. Each panel
333 member shall be appointed to a 1-year term. Each panel shall
334 consist of practicing artists or other professionals actively
335 involved in the specific discipline or program for which the
336 panel has been appointed. Each panel shall review and score
337 grant applications and recommend to the council the applicants
338 to which grants should be awarded. The panels shall submit lists
339 of eligible applicants by score. The division shall adopt rules
340 establishing a formula for such scoring.
341 (2) The council and each panel shall provide a forum for
342 public comment before voting on any grant application.
343 (3) After the council reviews the lists of eligible
344 applicants submitted by each review panel, it shall develop two
345 lists, one of which must consist of eligible applicants for
346 general program support funding and one of which must consist of
347 eligible applicants for specific cultural project funding, and
348 submit the lists to the secretary. The secretary shall review
349 the council’s recommendations and, beginning July 1, 2010,
350 include the lists of approved applicants in the department’s
351 legislative budget request submitted to the Legislature.
352 (4) Project grants shall be funded from the secretary’s
353 approved list by score until all appropriated funds are
354 depleted. If specific project grant funds are returned to the
355 division, it shall award such funds to the next grant applicant
356 on the secretary’s list of approved applicants. General program
357 support grants shall be awarded to applicants on the secretary’s
358 list in amounts determined by rule.
359 (5) The division shall fund:
360 (a) Grants for general program support for science museums,
361 youth and children’s museums, historical museums, local arts
362 agencies, state service organizations, and organizations that
363 have cultural program activities in any of the art and cultural
364 disciplines defined in s. 265.283(7).
365 (b) Grants for specific cultural projects for arts in
366 education, museums, Culture Builds Florida, or nonprofit public
367 or private organizations having cultural project activity in any
368 of the art and cultural disciplines.
369 (c) Grants for a touring program that has a selection
370 procedure that ensures the maximum opportunity for Florida
371 artists and cultural groups.
372 (d) An individual artist fellowship program. The division
373 shall establish a selection procedure that identifies individual
374 artists of exceptional talent and demonstrated ability and
375 distribute grant appropriations as provided by rule.
376 (e) Other programs consistent with the purpose of this act.
377 (6) The division shall adopt rules establishing:
378 (a) Eligibility criteria for the award of grants, which may
379 include, but need not be limited to, application requirements,
380 program quality, artistic quality, creativity, potential public
381 exposure and benefit, the ability to properly administer grant
382 funds, professional excellence, fiscal stability, state or
383 regional impact, matching requirements, and other requirements
384 to further the purposes of this act.
385 (b) Particular grant programs, categories of grants, and
386 procedures necessary for the prudent administration of the grant
387 programs.
388 (c) The panel review process, including, but not limited
389 to, criteria for reviewing grant applications to ensure
390 compliance with applicable federal and state law, including
391 those related to discrimination and conflicts of interest. The
392 division may not award any new grant that will, in whole or in
393 part, inure to the personal benefit of any council or review
394 panel member during the member’s term of office if the council
395 or panel member participated in the vote of the council or panel
396 recommending the award. This paragraph does not prohibit the
397 division from awarding a grant to an entity with which a council
398 or panel member is associated.
399 (7) The division shall award grants:
400 (a) To supplement the financial support of artistic and
401 cultural activities and programs that, without the assistance,
402 may otherwise be unavailable to Florida residents.
403 (b) To activities and programs that have substantial
404 artistic and cultural significance and emphasize creativity and
405 professional excellence.
406 (c) To activities and programs that meet the professional
407 standards or standards of authenticity of significant merit,
408 regardless of origin.
409 (d) For other reasons consistent with this act.
410 (8) Eligible grantees must:
411 (a) Be a nonprofit, tax-exempt Florida corporation; or
412 (b) A local or state governmental entity, school district,
413 community college, college, university, agency of state
414 government, or artist engaged in or concerned with arts and
415 cultural activities.
416 (9) In order to equitably distribute limited state funding,
417 applicants may apply for and be awarded only one grant per
418 annual grant cycle, except for cultural facilities, a cultural
419 endowment, or touring program grants and individual artist
420 fellowships.
421 (10) Of the total amount of grant funds available from all
422 sources for grants, except cultural facilities and cultural
423 endowments, 70 percent shall be awarded on at least a dollar-to
424 dollar matching basis. Up to 50 percent of the grantee’s match
425 may consist of in-kind funds. Up to 30 percent of all grant
426 funds may be awarded on a nonmatching basis, including
427 individual fellowships.
428 (11) The division shall adopt rules to administer and
429 implement this section.
430 Section 9. Subsection (1) of section 607.1420, Florida
431 Statutes, is amended to read:
432 607.1420 Grounds for administrative dissolution.—
433 (1) The Department of State may commence a proceeding under
434 s. 607.1421 to administratively dissolve a corporation if:
435 (a) The corporation has failed to file its annual report
436 and or pay the annual report filing fee by 5 p.m. Eastern Time
437 on the third Friday in September within the time required by
438 this act;
439 (b) The corporation is without a registered agent or
440 registered office in this state for 30 days or more;
441 (c) The corporation does not notify the Department of State
442 within 30 days that its registered agent or registered office
443 has been changed, that its registered agent has resigned, or
444 that its registered office has been discontinued;
445 (d) The corporation has failed to answer truthfully and
446 fully, within the time prescribed by this act, interrogatories
447 propounded by the Department of State; or
448 (e) The corporation’s period of duration stated in its
449 articles of incorporation has expired.
450 Section 10. Subsections (1) and (2) of section 607.1421,
451 Florida Statutes, are amended to read:
452 607.1421 Procedure for and effect of administrative
453 dissolution.—
454 (1) If the Department of State determines that one or more
455 grounds exist under s. 607.1420 for dissolving a corporation, it
456 shall serve the corporation with written notice of its intention
457 to administratively dissolve the corporation determination under
458 s. 607.0504(2), stating the grounds therefor. If the corporation
459 has provided the department with an electronic mail address,
460 such notice shall be by electronic transmission. Administrative
461 dissolution for failure to file an annual report shall occur on
462 the fourth Friday in September of each year. The Department of
463 State shall issue a certificate of dissolution to each dissolved
464 corporation. Issuance of the certificate of dissolution may be
465 by electronic transmission to any corporation that has provided
466 the department with an electronic mail address.
467 (2) If the corporation does not correct each ground for
468 dissolution under s. 607.1420(1)(b), (c), (d), or (e) or
469 demonstrate to the reasonable satisfaction of the Department of
470 State that each ground determined by the department does not
471 exist within 60 days of issuance of the notice, the department
472 shall administratively dissolve the corporation by issuing a
473 certificate of dissolution that recites the ground or grounds
474 for dissolution and its effective date. Issuance of the
475 certificate of dissolution may be by electronic transmission to
476 any corporation that has provided the department with an
477 electronic mail address.
478 Section 11. Subsection (1) of section 607.1530, Florida
479 Statutes, is amended to read:
480 607.1530 Grounds for revocation of authority to transact
481 business.—The Department of State may commence a proceeding
482 under s. 607.1531 to revoke the certificate of authority of a
483 foreign corporation authorized to transact business in this
484 state if:
485 (1) The foreign corporation has failed to file its annual
486 report with the Department of State by 5 p.m. Eastern Time on
487 the third Friday in September within the time required by this
488 act.
489 Section 12. Subsections (1) and (2) of section 607.1531,
490 Florida Statutes, are amended to read:
491 607.1531 Procedure for and effect of revocation.—
492 (1) If the Department of State determines that one or more
493 grounds exist under s. 607.1530 for revocation of a certificate
494 of authority, the Department of State shall serve the foreign
495 corporation with written notice of its intent to revoke the
496 foreign corporation’s certificate of authority such
497 determination under s. 607.15101. If the foreign corporation has
498 provided the department with an electronic mail address, such
499 notice shall be by electronic transmission. Revocation for
500 failure to file an annual report shall occur on the fourth
501 Friday in September of each year. The department shall issue a
502 certificate of revocation to each revoked corporation. Issuance
503 of the certificate of revocation may be by electronic
504 transmission to any corporation that has provided the department
505 with an electronic mail address.
506 (2) If the foreign corporation does not correct each ground
507 for revocation under s. 607.1530(2)-(7) or demonstrate to the
508 reasonable satisfaction of the Department of State that each
509 ground determined by the Department of State does not exist
510 within 60 days after issuance of notice is perfected under s.
511 607.15101, the Department of State shall revoke the foreign
512 corporation’s certificate of authority by issuing signing a
513 certificate of revocation that recites the ground or grounds for
514 revocation and its effective date. Issuance of the certificate
515 of revocation may be by electronic transmission to any foreign
516 corporation that has provided the department with an electronic
517 mail address.
518 Section 13. Paragraph (a) of subsection (1) of section
519 608.448, Florida Statutes, is amended to read:
520 608.448 Grounds for administrative dissolution.—
521 (1) The Department of State may commence a proceeding under
522 s. 608.4481 to administratively dissolve a limited liability
523 company if:
524 (a) The limited liability company has failed to file its
525 annual report and or pay the annual report filing fee by 5 p.m.
526 Eastern Time on the third Friday in September within the time
527 required by this chapter.
528 Section 14. Subsections (1) and (2) of section 608.4481,
529 Florida Statutes, are amended to read:
530 608.4481 Procedure for and effect of administrative
531 dissolution.—
532 (1) If the Department of State determines that one or more
533 grounds exist under s. 608.448 for dissolving a limited
534 liability company, it shall serve the limited liability company
535 with written notice of its intent to administratively dissolve
536 the limited liability company determination, stating the grounds
537 therefor. If the limited liability company has provided the
538 department with an electronic mail address, such notice shall be
539 by electronic transmission. Administrative dissolution for
540 failure to file an annual report shall occur on the fourth
541 Friday in September of each year. The Department of State shall
542 issue a certificate of dissolution to each dissolved limited
543 liability company. Issuance of the certificate of dissolution
544 may be by electronic transmission to any limited liability
545 company that has provided the department with an electronic mail
546 address.
547 (2) If the limited liability company does not correct each
548 ground for dissolution under s. 608.448(1)(b), (c), (d), or (e)
549 or demonstrate to the reasonable satisfaction of the Department
550 of State that each ground determined by the Department of State
551 does not exist within 60 days after issuance of the notice, the
552 Department of State shall administratively dissolve the limited
553 liability company by issuing a certificate of dissolution that
554 recites the ground or grounds for dissolution and its effective
555 date. Issuance of the certificate of dissolution may be by
556 electronic transmission to any limited liability company that
557 has provided the department with an electronic mail address.
558 Section 15. Subsection (1) of section 608.512, Florida
559 Statutes, is amended to read:
560 608.512 Grounds for revocation of authority to transact
561 business.—The Department of State may commence a proceeding
562 under s. 608.513 to revoke the certificate of authority of a
563 foreign limited liability company authorized to transact
564 business in this state if:
565 (1) The foreign limited liability company has failed to
566 file its annual report with the Department of State by 5 p.m.
567 Eastern Time on the third Friday in September within the time
568 required by this chapter.
569 Section 16. Subsections (1) and (2) of section 608.513,
570 Florida Statutes, are amended to read:
571 608.513 Procedure for and effect of revocation.—
572 (1) If the Department of State determines that one or more
573 grounds exist under s. 608.512 for revocation of a certificate
574 of authority, the Department of State shall serve the foreign
575 limited liability company with written notice of its intent to
576 revoke the foreign limited liability company’s certificate of
577 authority such determination under s. 608.5101. If the foreign
578 limited liability company has provided the department with an
579 electronic mail address, such notice shall be by electronic
580 transmission. Revocation for failure to file an annual report
581 shall occur on the fourth Friday in September of each year. The
582 Department of State shall issue a certificate of revocation to
583 each revoked foreign limited liability company. Issuance of the
584 certificate of revocation may be by electronic transmission to
585 any foreign limited liability company that has provided the
586 department with an electronic mail address.
587 (2) If the foreign limited liability company does not
588 correct each ground for revocation under s. 608.512(2)-(9) or
589 demonstrate to the reasonable satisfaction of the Department of
590 State that each ground determined by the Department of State
591 does not exist within 60 days after issuance of notice is
592 perfected under s. 608.5101, the Department of State shall
593 revoke the foreign limited liability company’s certificate of
594 authority by issuing signing a certificate of revocation that
595 recites the ground or grounds for revocation and its effective
596 date. Issuance of the certificate of revocation may be by
597 electronic transmission to any foreign limited liability company
598 that has provided the department with an electronic mail
599 address.
600 Section 17. Subsection (1) of section 617.1420, Florida
601 Statutes, is amended to read:
602 617.1420 Grounds for administrative dissolution.—
603 (1) The Department of State may commence a proceeding under
604 s. 617.1421 to administratively dissolve a corporation if:
605 (a) The corporation has failed to file its annual report
606 and or pay the annual report filing fee by 5 p.m. Eastern Time
607 on the third Friday in September within the time required by
608 this act;
609 (b) The corporation is without a registered agent or
610 registered office in this state for 30 days or more;
611 (c) The corporation does not notify the Department of State
612 within 30 days after its registered agent or registered office
613 has been changed, after its registered agent has resigned, or
614 after its registered office has been discontinued;
615 (d) The corporation has failed to answer truthfully and
616 fully, within the time prescribed by this act, interrogatories
617 propounded by the Department of State; or
618 (e) The corporation’s period of duration stated in its
619 articles of incorporation has expired.
620 Section 18. Subsections (1) and (2) of section 617.1421,
621 Florida Statutes, are amended to read:
622 617.1421 Procedure for and effect of administrative
623 dissolution.—
624 (1) If the Department of State determines that one or more
625 grounds exist under s. 617.1420 for administratively dissolving
626 a corporation, it shall serve the corporation with written
627 notice of its intent determination under s. 617.0504(2) to
628 administratively dissolve the corporation, stating the grounds
629 therefor. If the corporation has provided the department with an
630 electronic mail address, such notice shall be by electronic
631 transmission. Administrative dissolution for failure to file an
632 annual report shall occur on the fourth Friday in September of
633 each year. The Department of State shall issue a certificate of
634 dissolution to each dissolved corporation. Issuance of the
635 certificate of dissolution may be by electronic transmission to
636 any corporation that has provided the department with an
637 electronic mail address.
638 (2) If the corporation does not correct each ground for
639 dissolution under s. 617.1420(1)(b), (c), (d), or (e) or
640 demonstrate to the reasonable satisfaction of the Department of
641 State that each ground determined by the department does not
642 exist within 60 days after issuance of the notice, the
643 department shall administratively dissolve the corporation by
644 issuing a certificate of dissolution that recites the ground or
645 grounds for dissolution and its effective date. Issuance of the
646 certificate of dissolution may be by electronic transmission to
647 any corporation that has provided the department with an
648 electronic mail address.
649 Section 19. Subsection (1) of section 617.1530, Florida
650 Statutes, is amended to read:
651 617.1530 Grounds for revocation of authority to conduct
652 affairs.—The Department of State may commence a proceeding under
653 s. 617.1531 to revoke the certificate of authority of a foreign
654 corporation authorized to conduct its affairs in this state if:
655 (1) The foreign corporation has failed to file its annual
656 report with the Department of State by 5 p.m. Eastern Time on
657 the third Friday in September within the time required by this
658 act.
659 Section 20. Subsections (1) and (2) of section 617.1531,
660 Florida Statutes, are amended to read:
661 617.1531 Procedure for and effect of revocation.—
662 (1) If the Department of State determines that one or more
663 grounds exist under s. 617.1530 for revocation of a certificate
664 of authority, the Department of State shall serve the foreign
665 corporation with written notice of its intent to revoke the
666 foreign corporation’s certificate of authority such
667 determination under s. 617.1510. If the foreign corporation has
668 provided the department with an electronic mail address, such
669 notice shall be by electronic transmission. Revocation for
670 failure to file an annual report shall occur on the fourth
671 Friday in September of each year. The Department of State shall
672 issue a certificate of revocation to each revoked corporation.
673 Issuance of the certificate of revocation may be by electronic
674 transmission to any foreign corporation that has provided the
675 department with an electronic mail address.
676 (2) If the foreign corporation does not correct each ground
677 for revocation under s. 617.1530(2)-(7) or demonstrate to the
678 reasonable satisfaction of the Department of State that each
679 ground determined by the Department of State does not exist
680 within 60 days after issuance of notice is perfected under s.
681 617.1510, the Department of State shall revoke the foreign
682 corporation’s certificate of authority by issuing signing a
683 certificate of revocation that recites the ground or grounds for
684 revocation and its effective date. Issuance of the certificate
685 of revocation may be by electronic transmission to any foreign
686 corporation that has provided the department with an electronic
687 mail address.
688 Section 21. Subsections (1), (2), and (3) of section
689 620.1809, Florida Statutes, are amended to read:
690 620.1809 Administrative dissolution.—
691 (1) The Department of State may dissolve a limited
692 partnership administratively if the limited partnership does
693 not, within 60 days after the due date:
694 (a) Pay any fee or penalty due to the Department of State
695 under this act or other law;
696 (b) Deliver its annual report to the Department of State by
697 5 p.m. Eastern Time on the third Friday in September;
698 (c) Appoint and maintain a registered agent as required by
699 s. 620.1114; or
700 (d) Deliver for filing a statement of a change under s.
701 620.1115 within 30 days after a change has occurred in the name
702 of the registered agent or the registered office address.
703 (2) If the Department of State determines that a ground
704 exists for administratively dissolving a limited partnership,
705 the Department of State shall serve notice on the limited
706 partnership of its intent to administratively dissolve the
707 limited partnership file a record of the determination and send
708 a copy to the limited partnership. If the limited partnership
709 has provided the department with an electronic mail address,
710 such notice shall be by electronic transmission. Administrative
711 dissolution for failure to file an annual report shall occur on
712 the fourth Friday in September of each year. The Department of
713 State shall issue a certificate of dissolution to each dissolved
714 limited partnership. Issuance of the certificate of dissolution
715 may be by electronic transmission to any limited partnership
716 that has provided the department with an electronic mail
717 address.
718 (3) If within 60 days after sending notice of dissolution,
719 the copy the limited partnership does not correct each ground
720 for dissolution under s. 620.1809(1)(a), (c), or (d) or
721 demonstrate to the reasonable satisfaction of the Department of
722 State that each ground determined by the Department of State
723 does not exist, the Department of State shall administratively
724 dissolve the limited partnership and issue a certificate by
725 preparing, signing, and filing a declaration of dissolution that
726 states the grounds for dissolution. Issuance of the certificate
727 of dissolution may be by electronic transmission to any limited
728 partnership that has provided the department with an electronic
729 mail address. The Department of State shall send the limited
730 partnership a copy of the filed declaration.
731 Section 22. Section 620.1906, Florida Statutes, is amended
732 to read:
733 620.1906 Revocation of certificate of authority.—
734 (1) A certificate of authority of a foreign limited
735 partnership to transact business in this state may be revoked by
736 the Department of State in the manner provided in subsections
737 (2) and (3) if the foreign limited partnership does not:
738 (a) Pay, within 60 days after the due date, any fee or
739 penalty due to the Department of State under this act or other
740 law;
741 (b) Deliver, within 60 days after the due date, its annual
742 report to the Department of State by 5 p.m. Eastern Time on the
743 third Friday in September required under s. 620.1210;
744 (c) Appoint and maintain an agent for service of process as
745 required by s. 620.1114(2); or
746 (d) Deliver for filing a statement of a change under s.
747 620.1115 within 30 days after a change has occurred in the name
748 or address of the agent.
749 (2) If the Department of State determines that one or more
750 grounds exist under s. 620.1906 for revocation of a foreign
751 limited partnership, it shall notify the foreign limited
752 partnership of its intent to revoke the foreign limited
753 partnership’s certificate of authority. If the foreign limited
754 partnership has provided the department with an electronic mail
755 address, such notice shall be by electronic transmission.
756 Revocation for failure to file an annual report shall occur on
757 the fourth Friday in September of each year. The Department of
758 State shall issue a certificate of revocation to each revoked
759 foreign limited partnership. Issuance of the certificate of
760 revocation may be by electronic transmission to any foreign
761 limited partnership that has provided the department with an
762 electronic mail address. In order to revoke a certificate of
763 authority, the Department of State must prepare, sign, and file
764 a notice of revocation and send a copy to the foreign limited
765 partnership. The notice must state:
766 (a) The effective date of the revocation, which must be at
767 least 60 days after the date the Department of State sends the
768 copy.
769 (b) The foreign limited partnership’s failures to comply
770 with subsection (1) which are the reason for the revocation.
771 (3) If within 60 days after sending a notice of revocation,
772 the foreign limited partnership does not correct each ground for
773 revocation under s. 620.1906(1)(a), (c), or (d), or demonstrate
774 to the reasonable satisfaction of the Department of State that
775 each ground determined by the department does not exist, the
776 department shall revoke the foreign limited partnership’s
777 authority to transact business in this state and issue a
778 certificate of revocation that states the grounds for
779 revocation. Issuance of the certificate of revocation may be by
780 electronic transmission to any foreign limited partnership that
781 has provided the department with an electronic mail address.
782 (4)(3) The authority of the foreign limited partnership to
783 transact business in this state ceases on the effective date of
784 the certificate notice of revocation unless before that date the
785 foreign limited partnership cures each failure to comply with
786 subsection (1) stated in the notice. If the foreign limited
787 partnership cures the failures, the Department of State shall so
788 indicate on the filed notice.
789 Section 23. Subsection (3) of section 620.9003, Florida
790 Statutes, is amended to read:
791 620.9003 Annual report.—
792 (3) The Department of State may administratively revoke the
793 statement of qualification of a partnership that fails to file
794 its annual report and pay the required filing fee by 5 p.m.
795 Eastern Time on the third Friday in September. The Department of
796 State shall serve 60-day notice on the limited liability
797 partnership of its intent to revoke the statement of
798 qualification. If the partnership has provided the department
799 with an electronic mail address, such notice shall be by
800 electronic transmission. Revocation for failure to file an
801 annual report shall occur on the fourth Friday in September of
802 each year. The Department of State shall issue a certificate of
803 revocation of the statement of qualification to each revoked
804 partnership. Issuance of the certificate of revocation of the
805 statement of qualification may be by electronic transmission to
806 any partnership that has provided the department with an
807 electronic mail address. The Secretary of State may
808 administratively revoke the statement of qualification of a
809 partnership that fails to file an annual report when due or to
810 pay the required filing fee. The Secretary of State shall
811 provide the partnership at least 60 days’ written notice of
812 intent to revoke the statement. The notice is effective 5 days
813 after it is deposited in the United States mail addressed to the
814 partnership at its chief executive office set forth in the last
815 filed statement of qualification or annual report. The notice
816 must specify the annual report that has not been filed, the fee
817 that has not been paid, and the date on or after which the
818 revocation will become effective. The revocation is not
819 effective if the annual report is filed and the fee is paid
820 before the effective date of the revocation.
821 Section 24. Subsection (1) of section 679.525, Florida
822 Statutes, is amended to read:
823 679.525 Processing fees.—
824 (1) Except as otherwise provided in subsection (3), the
825 nonrefundable processing fee for filing and indexing a record
826 under this part, other than an initial financing statement of
827 the kind described in s. 679.5021(3), is:
828 (a) For filing an initial financing statement, $25 for the
829 first page, which shall include the cost of filing a termination
830 statement for the financing statement;
831 (b) For filing an amendment, $12 for the first page;
832 (c) For indexing by additional debtor, secured party, or
833 assignee, $3 per additional name indexed;
834 (d) For use of a nonapproved form, $5;
835 (e) For each additional page attached to a record, $3;
836 (f) For a certified copy of a financing statement and any
837 and all associated amendments, $30; and
838 (g) For a photocopy of a filed record, $1 per page; and.
839 (h) For filing an initial financing statement, an
840 additional $10 for the first page. Receipts from this fee shall
841 be deposited into the General Revenue Fund and are not included
842 in the receipts for purposes of calculating the contractor’s
843 compensation for performing services regarding the Florida
844 Secured Transaction Registry.
845 Section 25. Paragraph (b) of subsection (6) of section
846 865.09, Florida Statutes, is amended to read:
847 865.09 Fictitious name registration.—
848 (6) RENEWAL.—
849 (b) In the last year of the registration, the division
850 shall notify the owner or registrant of the expiration of the
851 fictitious name mail to the last reported mailing address or to
852 the address of any registered owner of a name a statement of
853 renewal. If the owner or registrant of the fictitious name has
854 provided the department with an electronic mail address, such
855 notice shall be by electronic transmission.
856 Section 26. This act shall take effect upon becoming a law.
857
858 ================= T I T L E A M E N D M E N T ================
859 And the title is amended as follows:
860 Delete everything before the enacting clause
861 and insert:
862 A bill to be entitled
863 An act relating to the Department of State; amending
864 s. 15.16, F.S.; authorizing the Department of State to
865 use electronic transmission to notify and communicate
866 in the performance of its duties; authorizing the
867 department to collect e-mail addresses and require
868 filers and registrants to furnish such e-mail
869 addresses for presenting documents and filing;
870 repealing ss. 265.2861, 265.2862, 265.289, 265.608,
871 265.609, 265.702, and 265.708, F.S., relating to the
872 Cultural Institutions Program and Trust Fund, general
873 support program for cultural institutions, audit
874 information and admission fees for state theater
875 contract organizations, science museums and grants,
876 youth and children’s museum and grants, regional
877 cultural facilities, and historical museum grants;
878 amending s. 265.281, F.S.; renaming the “Florida Fine
879 Arts Act of 1980” as the “Florida Arts and Culture
880 Act”; amending s. 265.282, F.S.; revising legislative
881 intent to include the promotion of activities
882 involving arts and culture; providing support for
883 museums and nonprofit organizations; amending s.
884 265.283, F.S.; revising and providing definitions;
885 amending s. 265.284, F.S.; revising the duties and
886 responsibilities of the Division of Cultural Affairs
887 within the department to administer funds, sponsor
888 events encouraging arts and cultural programs, and
889 enter into certain contracts; requiring that the
890 division adopt rules; amending s. 265.285, F.S.;
891 renaming the “Florida Arts Council” as the “Florida
892 Council on Arts and Culture”; requiring that the
893 council meet at the request of the division; deleting
894 provisions authorizing the Secretary of State to
895 appoint review panels; revising the duties of the
896 council; amending s. 265.286, F.S.; authorizing the
897 Secretary of State to appoint review panels
898 representing arts and cultural disciplines and
899 programs to assist the council in the grant review
900 process; providing membership; providing terms;
901 providing duties and responsibilities; requiring that
902 the council review grant application lists; requiring
903 that the secretary review the council’s
904 recommendations and submit approved lists to the
905 Legislature by a specified date; establishing
906 procedures for the awarding and funding of grants;
907 authorizing the division to provide funding for
908 certain programs and areas; requiring that the
909 division adopt rules establishing eligibility
910 criteria, grant programs, and the panel review
911 process; requiring that the division award grants
912 under certain circumstances; establishing eligibility
913 requirements for grantees; limiting grant awards to
914 one recipient per grant cycle; providing exceptions;
915 providing a formula for the distribution of matching
916 and nonmatching funds; providing for certain in-kind
917 funds; deleting provisions relating to the division’s
918 authority to expend appropriated funds for grants;
919 deleting provisions establishing criteria for such
920 grants; amending ss. 607.1420 and 607.1421, F.S.;
921 revising provisions relating to the administrative
922 dissolution of a corporation by the department to
923 conform to changes made by the act; amending ss.
924 607.1530 and 607.1531, F.S.; revising provisions
925 relating to revocation of a certificate of authority
926 to conform to changes made by the act; amending ss.
927 608.448 and 608.4481, F.S.; revising provisions
928 relating to administrative dissolution of a limited
929 liability company to conform to changes made by the
930 act; amending ss. 608.512 and 608.513, F.S.; revising
931 provisions relating to the revocation of a certificate
932 of authority of a foreign limited liability company to
933 conform to changes made by the act; amending ss.
934 617.1420, 617.1421, 617.1530, 617.1531, 620.1809,
935 620.1906, and 620.9003, F.S.; conforming provisions to
936 changes made by the act; amending s. 679.525, F.S.,
937 relating to processing fees; requiring an additional
938 fee for filing an initial financing statement;
939 providing for deposit of receipts into the General
940 Revenue Fund; prohibiting inclusion of receipts for
941 calculating contractor’s compensation for performing
942 services; amending s. 865.09, F.S.; revising
943 provisions relating to notice of the expiration of a
944 fictitious name registration; requiring that the
945 department serve such notice by electronic
946 transmission if the owner or registrant of the
947 fictitious name has provided an electronic mail
948 address to the department; providing an effective
949 date.