CS for CS for SB 1780 First Engrossed
20091780e1
1 A bill to be entitled
2 An act relating to the Department of State; amending
3 s. 15.16, F.S.; authorizing the Department of State to
4 use electronic transmission to notify and communicate
5 in the performance of its duties; authorizing the
6 department to collect e-mail addresses and require
7 filers and registrants to furnish such e-mail
8 addresses for presenting documents and filing;
9 repealing ss. 265.2861, 265.2862, 265.289, 265.608,
10 265.609, 265.702, and 265.708, F.S., relating to the
11 Cultural Institutions Program and Trust Fund, general
12 support program for cultural institutions, audit
13 information and admission fees for state theater
14 contract organizations, science museums and grants,
15 youth and children’s museum and grants, regional
16 cultural facilities, and historical museum grants;
17 amending s. 265.281, F.S.; renaming the “Florida Fine
18 Arts Act of 1980” as the “Florida Arts and Culture
19 Act”; amending s. 265.282, F.S.; revising legislative
20 intent to include the promotion of activities
21 involving arts and culture; providing support for
22 museums and nonprofit organizations; amending s.
23 265.283, F.S.; revising and providing definitions;
24 amending s. 265.284, F.S.; revising the duties and
25 responsibilities of the Division of Cultural Affairs
26 within the department to administer funds, sponsor
27 events encouraging arts and cultural programs, and
28 enter into certain contracts; requiring that the
29 division adopt rules; amending s. 265.285, F.S.;
30 renaming the “Florida Arts Council” as the “Florida
31 Council on Arts and Culture”; requiring that the
32 council meet at the request of the division; deleting
33 provisions authorizing the Secretary of State to
34 appoint review panels; revising the duties of the
35 council; amending s. 265.286, F.S.; authorizing the
36 Secretary of State to appoint review panels
37 representing arts and cultural disciplines and
38 programs to assist the council in the grant review
39 process; providing membership; providing terms;
40 providing duties and responsibilities; requiring that
41 the council review grant application lists; requiring
42 that the secretary review the council’s
43 recommendations and submit approved lists to the
44 Legislature by a specified date; establishing
45 procedures for the awarding and funding of grants;
46 authorizing the division to provide funding for
47 certain programs and areas; requiring that the
48 division adopt rules establishing eligibility
49 criteria, grant programs, and the panel review
50 process; requiring that the division award grants
51 under certain circumstances; establishing eligibility
52 requirements for grantees; limiting grant awards to
53 one recipient per grant cycle; providing exceptions;
54 providing a formula for the distribution of matching
55 and nonmatching funds; providing for certain in-kind
56 funds; deleting provisions relating to the division’s
57 authority to expend appropriated funds for grants;
58 deleting provisions establishing criteria for such
59 grants; amending ss. 607.1420 and 607.1421, F.S.;
60 revising provisions relating to the administrative
61 dissolution of a corporation by the department to
62 conform to changes made by the act; amending ss.
63 607.1530 and 607.1531, F.S.; revising provisions
64 relating to revocation of a certificate of authority
65 to conform to changes made by the act; amending ss.
66 608.448 and 608.4481, F.S.; revising provisions
67 relating to administrative dissolution of a limited
68 liability company to conform to changes made by the
69 act; amending ss. 608.512 and 608.513, F.S.; revising
70 provisions relating to the revocation of a certificate
71 of authority of a foreign limited liability company to
72 conform to changes made by the act; amending ss.
73 617.1420, 617.1421, 617.1530, 617.1531, 620.1809,
74 620.1906, and 620.9003, F.S.; conforming provisions to
75 changes made by the act; amending s. 679.525, F.S.,
76 relating to processing fees; requiring an additional
77 fee for filing an initial financing statement;
78 providing for deposit of receipts into the General
79 Revenue Fund; prohibiting inclusion of receipts for
80 calculating contractor’s compensation for performing
81 services; amending s. 865.09, F.S.; revising
82 provisions relating to notice of the expiration of a
83 fictitious name registration; requiring that the
84 department serve such notice by electronic
85 transmission if the owner or registrant of the
86 fictitious name has provided an electronic mail
87 address to the department; providing an effective
88 date.
89
90 Be It Enacted by the Legislature of the State of Florida:
91
92 Section 1. Subsection (3) of section 15.16, Florida
93 Statutes, is amended to read:
94 15.16 Reproduction of records; admissibility in evidence;
95 electronic receipt and transmission of records; certification;
96 acknowledgment.—
97 (3) The Department of State may cause to be received
98 electronically any records that are required to be filed with it
99 pursuant to chapter 55, chapter 117, chapter 118, chapter 495,
100 chapter 606, chapter 607, chapter 608, chapter 610, chapter 617,
101 chapter 620, chapter 621, chapter 679, chapter 713, or chapter
102 865, through facsimile or other electronic transfers, for the
103 purpose of filing such records. The originals of all such
104 electronically transmitted records must be executed in the
105 manner provided in paragraph (5)(b). The receipt of such
106 electronic transfer constitutes delivery to the department as
107 required by law. The department may use electronic transmissions
108 for purposes of notice in the administration of chapters 55,
109 117, 118, 495, 606, 607, 608, 610, 617, 620, 621, 679 and 713
110 and s. 865.09. The Department of State may collect e-mail
111 addresses for purposes of notice and communication in the
112 performance of its duties and may require filers and registrants
113 to furnish such e-mail addresses when presenting documents for
114 filing.
115 Section 2. Sections 265.2861, 265.2862, 265.289, 265.608,
116 265.609, 265.702, and 265.708, Florida Statutes, are repealed.
117 Section 3. Section 265.281, Florida Statutes, is amended to
118 read:
119 265.281 Florida Fine Arts and Culture Act; short title.
120 Sections 265.281-265.709 265.281-265.286 shall be known and may
121 be cited as the “Florida Fine Arts and Culture Act of 1980.”
122 Section 4. Section 265.282, Florida Statutes, is amended to
123 read:
124 265.282 Legislative intent.—The Legislature recognizes the
125 vast cultural resources available in Florida the state for the
126 development, promotion, and enjoyment of arts and culture the
127 fine arts. It is the intent of the Legislature by enactment of
128 this legislation to provide for maximum efficiency in providing
129 state support for, and to gain gaining national and
130 international recognition of, the efforts, works, and
131 performances of Florida artists, and art agencies, museums, and
132 nonprofit organizations. Furthermore, it is the intent of the
133 Legislature shall to foster and ensure, through the state arts
134 administrative agency programs authorized in this act, that arts
135 and culture have a significant and positive effect on Florida
136 residents created hereunder, the development of a receptive
137 climate for the fine arts; to enrich culturally and benefit the
138 citizens of this state in their daily lives; to make Florida
139 visits and vacations all the more appealing to the world; and to
140 attract to Florida residency additional outstanding creators in
141 the fields of fine arts through appropriate programs of
142 publicity, education, coordination, grants, and activities, such
143 as sponsorship of art lectures and exhibitions and central
144 compilation and dissemination of information on the progress of
145 the fine arts in Florida.
146 Section 5. Section 265.283, Florida Statutes, is amended to
147 read:
148 265.283 Definitions relating to Florida Fine Arts Act of
149 1980.—The following definitions shall apply to ss. 265.281
150 265.709 265.281-265.286:
151 (1) “Council” means the Florida Arts Council on Arts and
152 Culture.
153 (2) “Department” means the Department of State.
154 (3) “Director” means the Director of the Division of
155 Cultural Affairs of the Department of State.
156 (4) “Division” means the Division of Cultural Affairs of
157 the Department of State.
158 (5) “Panel” means a grant review panel.
159 (6) “Secretary” means the Secretary of State.
160 (7) “Arts and cultural disciplines” “The arts” means any
161 and all artistic disciplines, which include, but are not limited
162 to, music, dance, theatre drama, theater programs, creative
163 writing, literature, architecture, painting, sculpture, folk
164 arts, photography, crafts, and public media arts, visual arts,
165 programs of museums, and the execution and exhibition of other
166 such allied, major art forms.
167 (8) “Local arts agency” means a public or private nonprofit
168 organization located in Florida and operating on a permanent
169 basis for the primary purpose of strengthening, supporting, and
170 stabilizing the activities of one or more county art and
171 cultural constituencies.
172 (9) “Historical museum” means a department or agency of
173 state or local government or a public or private nonprofit
174 organization located in Florida and operating on a permanent
175 basis for the primary purpose of sponsoring, producing, and
176 exhibiting educational programs that are related to the
177 historical resources of Florida.
178 (10) “Science museum” means a public or private nonprofit
179 organization located in Florida and operating on a permanent
180 basis for the primary purpose of sponsoring, producing, and
181 exhibiting programs for the observation and study of various
182 types of natural science and science technology.
183 (11) “Youth and children’s museum” means a public or
184 private nonprofit organization located in Florida and operating
185 on a permanent basis for the primary purpose of sponsoring,
186 producing, and exhibiting multidisciplinary and participatory
187 programs for visitors who are 6 months to 15 years old, and
188 their families, teachers, and caregivers.
189 (12) “State service organization” means a public or private
190 nonprofit organization located in Florida operating on a
191 permanent basis for the primary purpose of implementing programs
192 that have cultural significance and that emphasize American
193 creativity and the maintenance and encouragement of professional
194 excellence.
195 (13) “Arts in education grants” means grants used to
196 cultivate the learning and artistic development of all students
197 and teachers by promoting, encouraging, and supporting arts and
198 culture as an integral part of education and lifelong learning
199 for residents and visitors.
200 (14) “Cultural support grants” means grants that provide
201 support for general programs and specific cultural projects.
202 (15) “State touring program grants” means grants used to
203 provide performances, activities, and exhibitions by Florida
204 artists to communities.
205 (16) “Underserved arts community assistance program grants”
206 means grants used by qualified organizations under the Rural
207 Economic Development Initiative, pursuant to ss. 288.0656 and
208 288.06561, for the purpose of economic and organizational
209 development for underserved cultural organizations.
210 (17) “Culture Builds Florida grants” means grants used for
211 the purpose of connecting the arts to key areas of the
212 division’s long-term strategic plan.
213 Section 6. Section 265.284, Florida Statutes, is amended to
214 read:
215 265.284 Chief cultural officer; director of division;
216 powers and duties.—
217 (1) The Secretary of State is the chief cultural officer of
218 the state, and the Division of Cultural Affairs is designated as
219 the state arts administrative agency.
220 (2) The division is the state arts administrative agency
221 and Division of Cultural Affairs of the Department of State
222 shall be headed by a director who shall serve at the pleasure of
223 the secretary of State.
224 (3) The division of Cultural Affairs shall directly
225 administer and oversee have direct administrative authority and
226 responsibility for all of the programs authorized by this act.
227 In furtherance thereof, the division shall have the authority
228 to:
229 (a) Accept and administer state and federal funds
230 appropriated by the Legislature or funds received from other
231 public or private sources provided for the fine arts, the
232 grants, and any program authorized by this act.
233 (b) Advance funds for grants on a quarterly basis.
234 (c)(b) Subject to the approval of the Secretary of State,
235 Enter into agreements for awarding grants or other such
236 contracts with any person, firm, performing arts company,
237 educational institution, arts organization, corporation, or
238 governmental agency as may be necessary or advisable to carry
239 out its functions under this act.
240 (c) Seek, and help assure, a uniformity of artwork within
241 state buildings and review all art content of existing public
242 buildings or buildings of state ownership for the purpose of
243 making recommendations to the Department of Management Services
244 as to matters of installation, relocation, restoration, removal,
245 or any other disposition of such works of art.
246 (d) Upon On request, or at its own initiative, consult with
247 and advise other individuals, groups, organizations, or state
248 agencies and officials, particularly the Governor and the
249 Cabinet, concerning the acquisition by gift or purchase of fine
250 art works, the appropriate use and display of state-owned art
251 treasures for maximum public benefit, and the suitability of any
252 structures or fixtures, including framing, primarily intended
253 for ornamental or decorative purposes in the interior of public
254 buildings.
255 (e) Accept on behalf of the state donations of money,
256 property, art objects, and antiquities. Such donations of money
257 and any cash income which may be received by the division or
258 which were previously received by the Florida Fine Arts Council
259 from the disposal of any donations of property, art objects, or
260 antiquities, which shall be deposited into the Florida Fine Arts
261 a separate Trust Fund and are hereby appropriated for to the use
262 by of the division for the purposes authorized in of this act.
263 (f) Sponsor performances and exhibits; promote and
264 encourage the study and appreciation of arts and culture; and
265 collect, publish, and print pamphlets, papers, newsletters, and
266 other materials related to arts and cultural programs available
267 throughout the state.
268 (g) Conduct and support cultural programs and cultural
269 exchanges by coordinating with the appropriate state agencies
270 and other organizations.
271 (h) Accept funding and other forms of support for the
272 purposes in this act.
273 (i) Notwithstanding s. 287.022 or s. 287.025(1)(e), enter
274 into contracts to insure museum collections, artifacts, relics,
275 and fine arts to which it holds title or which are on loan to
276 the division.
277 (j) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
278 implement this subsection.
279 (4) There is created the Florida Fine Arts Trust Fund to be
280 administered by the department and which of State for the
281 purposes set forth by law. The Florida Fine Arts Trust Fund
282 shall consist of moneys appropriated by the Legislature or and
283 moneys contributed to the fund from any other source.
284 (5) The division is further authorized to:
285 (a) Accept and administer moneys appropriated by the
286 Legislature, and moneys received from the Federal Government or
287 from other public or private sources, for the development of
288 nationally recognized Florida performing arts groups through a
289 state touring program. The division shall develop and establish
290 a selection procedure which will ensure maximum opportunity for
291 selection of and participation by Florida performing arts groups
292 in the state touring program.
293 (b) Sponsor performances and exhibits; promote and
294 encourage the study and appreciation of fine arts; and collect,
295 publish, and print pamphlets, papers, newsletters, and other
296 materials relating to fine arts programs available throughout
297 the state.
298 (c) Conduct and support cultural programs and cultural
299 exchanges in conjunction with the appropriate state agencies,
300 including the acceptance of funding, technical assistance, and
301 other forms of support for such purposes.
302 (d) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
303 implement provisions of law conferring duties on it.
304 (6) Notwithstanding any provision of s. 287.022 or s.
305 287.025(1)(e), the division may enter into contracts to insure
306 museum collections, artifacts, relics, and fine arts to which it
307 holds title.
308 Section 7. Section 265.285, Florida Statutes, is amended to
309 read:
310 265.285 Florida Arts Council on Arts and Culture;
311 membership, duties.—
312 (1)(a) The Florida Arts Council on Arts and Culture is
313 created within in the department as an advisory body, as defined
314 in s. 20.03(7), consisting to consist of 15 members. Seven
315 members shall be appointed by the Governor, four members shall
316 be appointed by the President of the Senate, and four members
317 shall be appointed by the Speaker of the House of
318 Representatives. The appointments, to be made in consultation
319 with the Secretary of State, shall recognize the need for
320 geographical representation. Council members appointed by the
321 Governor shall be appointed for 4-year terms beginning on
322 January 1 of the year of appointment. Council members appointed
323 by the President of the Senate and the Speaker of the House of
324 Representatives shall be appointed for 2-year terms beginning on
325 January 1 of the year of appointment. A member of the council
326 who serves two 4-year terms or two 2-year terms is not eligible
327 for reappointment for 1 year following the expiration of the
328 member’s second term. A member whose term has expired shall
329 continue to serve on the council until such time as a
330 replacement is appointed. Any vacancy on the council shall be
331 filled for the remainder of the unexpired term in the same
332 manner as for the original appointment. Members should have a
333 substantial history of community service in the performing or
334 visual arts, which includes, but is not limited to, theatre,
335 dance, folk arts, music, architecture, photography, and
336 literature, and media arts, or in the areas of science, history,
337 or children’s museums. In addition, it is desirable that members
338 have successfully served on boards of cultural institutions such
339 as museums and performing arts centers or are recognized as
340 patrons of the arts.
341 (b) The members shall elect a chair from their number
342 annually. The council shall meet at the call of its chair, at
343 the request of the division department, or at such times as may
344 be prescribed by its rules. A majority of the members of the
345 council constitutes a quorum, and a meeting may not be held with
346 less than a quorum present. The affirmative vote of a majority
347 of the members of the council present is necessary for any
348 official action by the council.
349 (c) The Secretary of State may appoint review panels
350 representing various artistic disciplines to assist the Florida
351 Arts Council in the grant review process. Review panel members
352 shall serve for 1-year terms. Each panel shall include
353 practicing artists or other persons actively involved in the
354 specific discipline for which the panel is to review grants. The
355 panels shall review grant applications and make recommendations
356 to the council concerning the relative merits of the applicants.
357 The division shall, by rule, establish criteria for reviewing
358 grant applications to ensure compliance with applicable federal
359 and state laws relating to discrimination and conflicts of
360 interest.
361 (d) The council and panels shall provide a forum for public
362 comment prior to voting on any art grant application.
363 (c)(e) Members of the council and panels may shall not
364 receive any compensation for their services but shall be
365 reimbursed for travel and expenses incurred in the performance
366 of their duties, as provided in s. 112.061.
367 (d)(f) If a member of the council is absent from two
368 consecutive meetings or any two regularly scheduled meetings in
369 any calendar year, the council member’s appointment shall be
370 terminated unless the original appointing authority determines
371 that extenuating circumstances exist.
372 (e)(g) The original appointing authority may remove any of
373 his or her appointees from the council for misconduct or
374 malfeasance in office, neglect of duty, incompetence, or
375 permanent inability to perform official duties or if there has
376 been an adjudication that the member is guilty of a felony.
377 (2) The duties of the council shall be to:
378 (a) Advocate for arts and culture by encouraging the study
379 and presentation of arts and cultural activities that are of
380 public interest and encourage participation in such activities
381 throughout the state.
382 (b)(a) Advise the secretary of State in all matters
383 pertaining to arts and cultural art, specifically with respect
384 to any programs and grants administered operated by the division
385 department as authorized hereunder.
386 (b) Stimulate and encourage throughout the state the study
387 and presentation of the arts and public interest and
388 participation therein.
389 (c) Make such surveys as may be advisable of public and
390 private institutions which are engaged within the state in
391 artistic and cultural activities.
392 (c)(d) Encourage the participation in and appreciation of
393 the arts and culture to meet the needs and aspirations of
394 persons in all parts of the state.
395 (d)(e) Encourage public interest in the state’s cultural
396 heritage of this state and expand its the cultural resources of
397 the state.
398 (e)(f) Encourage and assist freedom of artistic expression
399 that is essential for the well-being of the arts.
400 (f)(g) Advise the secretary of State in all matters
401 concerning the awarding of grants for the arts and culture as
402 authorized in under this act.
403 (h) Promote the enhancement and beautification of the
404 interiors of the Capitol Building and other public buildings and
405 advise appropriate state officers, state agencies, and the
406 Department of Management Services in this regard.
407 (g)(i) Review applications for grants for the acquisition,
408 renovation, or construction of cultural facilities and recommend
409 a priority for the receipt of such grants, as provided in s.
410 265.701.
411 Section 8. Section 265.286, Florida Statutes, is amended to
412 read:
413 (Substantial rewording of section. See
414 s. 265.286, F.S., for present text.)
415 265.286 Art and cultural grants.—
416 (1) The secretary may appoint review panels consisting of
417 members from various art and cultural disciplines and programs
418 to assist the council in the grant review process. Each panel
419 member shall be appointed to a 1-year term. Each panel shall
420 consist of practicing artists or other professionals actively
421 involved in the specific discipline or program for which the
422 panel has been appointed. Each panel shall review and score
423 grant applications and recommend to the council the applicants
424 to which grants should be awarded. The panels shall submit lists
425 of eligible applicants by score. The division shall adopt rules
426 establishing a formula for such scoring.
427 (2) The council and each panel shall provide a forum for
428 public comment before voting on any grant application.
429 (3) After the council reviews the lists of eligible
430 applicants submitted by each review panel, it shall develop two
431 lists, one of which must consist of eligible applicants for
432 general program support funding and one of which must consist of
433 eligible applicants for specific cultural project funding, and
434 submit the lists to the secretary. The secretary shall review
435 the council’s recommendations and, beginning July 1, 2010,
436 include the lists of approved applicants in the department’s
437 legislative budget request submitted to the Legislature.
438 (4) Project grants shall be funded from the secretary’s
439 approved list by score until all appropriated funds are
440 depleted. If specific project grant funds are returned to the
441 division, it shall award such funds to the next grant applicant
442 on the secretary’s list of approved applicants. General program
443 support grants shall be awarded to applicants on the secretary’s
444 list in amounts determined by rule.
445 (5) The division shall fund:
446 (a) Grants for general program support for science museums,
447 youth and children’s museums, historical museums, local arts
448 agencies, state service organizations, and organizations that
449 have cultural program activities in any of the art and cultural
450 disciplines defined in s. 265.283(7).
451 (b) Grants for specific cultural projects for arts in
452 education, museums, Culture Builds Florida, or nonprofit public
453 or private organizations having cultural project activity in any
454 of the art and cultural disciplines.
455 (c) Grants for a touring program that has a selection
456 procedure that ensures the maximum opportunity for Florida
457 artists and cultural groups.
458 (d) An individual artist fellowship program. The division
459 shall establish a selection procedure that identifies individual
460 artists of exceptional talent and demonstrated ability and
461 distribute grant appropriations as provided by rule.
462 (e) Other programs consistent with the purpose of this act.
463 (6) The division shall adopt rules establishing:
464 (a) Eligibility criteria for the award of grants, which may
465 include, but need not be limited to, application requirements,
466 program quality, artistic quality, creativity, potential public
467 exposure and benefit, the ability to properly administer grant
468 funds, professional excellence, fiscal stability, state or
469 regional impact, matching requirements, and other requirements
470 to further the purposes of this act.
471 (b) Particular grant programs, categories of grants, and
472 procedures necessary for the prudent administration of the grant
473 programs.
474 (c) The panel review process, including, but not limited
475 to, criteria for reviewing grant applications to ensure
476 compliance with applicable federal and state law, including
477 those related to discrimination and conflicts of interest. The
478 division may not award any new grant that will, in whole or in
479 part, inure to the personal benefit of any council or review
480 panel member during the member’s term of office if the council
481 or panel member participated in the vote of the council or panel
482 recommending the award. This paragraph does not prohibit the
483 division from awarding a grant to an entity with which a council
484 or panel member is associated.
485 (7) The division shall award grants:
486 (a) To supplement the financial support of artistic and
487 cultural activities and programs that, without the assistance,
488 may otherwise be unavailable to Florida residents.
489 (b) To activities and programs that have substantial
490 artistic and cultural significance and emphasize creativity and
491 professional excellence.
492 (c) To activities and programs that meet the professional
493 standards or standards of authenticity of significant merit,
494 regardless of origin.
495 (d) For other reasons consistent with this act.
496 (8) Eligible grantees must:
497 (a) Be a nonprofit, tax-exempt Florida corporation; or
498 (b) A local or state governmental entity, school district,
499 community college, college, university, agency of state
500 government, or artist engaged in or concerned with arts and
501 cultural activities.
502 (9) In order to equitably distribute limited state funding,
503 applicants may apply for and be awarded only one grant per
504 annual grant cycle, except for cultural facilities, a cultural
505 endowment, or touring program grants and individual artist
506 fellowships.
507 (10) Of the total amount of grant funds available from all
508 sources for grants, except cultural facilities and cultural
509 endowments, 70 percent shall be awarded on at least a dollar-to
510 dollar matching basis. Up to 50 percent of the grantee’s match
511 may consist of in-kind funds. Up to 30 percent of all grant
512 funds may be awarded on a nonmatching basis, including
513 individual fellowships.
514 (11) The division shall adopt rules to administer and
515 implement this section.
516 Section 9. Subsection (1) of section 607.1420, Florida
517 Statutes, is amended to read:
518 607.1420 Grounds for administrative dissolution.—
519 (1) The Department of State may commence a proceeding under
520 s. 607.1421 to administratively dissolve a corporation if:
521 (a) The corporation has failed to file its annual report
522 and or pay the annual report filing fee by 5 p.m. Eastern Time
523 on the third Friday in September within the time required by
524 this act;
525 (b) The corporation is without a registered agent or
526 registered office in this state for 30 days or more;
527 (c) The corporation does not notify the Department of State
528 within 30 days that its registered agent or registered office
529 has been changed, that its registered agent has resigned, or
530 that its registered office has been discontinued;
531 (d) The corporation has failed to answer truthfully and
532 fully, within the time prescribed by this act, interrogatories
533 propounded by the Department of State; or
534 (e) The corporation’s period of duration stated in its
535 articles of incorporation has expired.
536 Section 10. Subsections (1) and (2) of section 607.1421,
537 Florida Statutes, are amended to read:
538 607.1421 Procedure for and effect of administrative
539 dissolution.—
540 (1) If the Department of State determines that one or more
541 grounds exist under s. 607.1420 for dissolving a corporation, it
542 shall serve the corporation with written notice of its intention
543 to administratively dissolve the corporation determination under
544 s. 607.0504(2), stating the grounds therefor. If the corporation
545 has provided the department with an electronic mail address,
546 such notice shall be by electronic transmission. Administrative
547 dissolution for failure to file an annual report shall occur on
548 the fourth Friday in September of each year. The Department of
549 State shall issue a certificate of dissolution to each dissolved
550 corporation. Issuance of the certificate of dissolution may be
551 by electronic transmission to any corporation that has provided
552 the department with an electronic mail address.
553 (2) If the corporation does not correct each ground for
554 dissolution under s. 607.1420(1)(b), (c), (d), or (e) or
555 demonstrate to the reasonable satisfaction of the Department of
556 State that each ground determined by the department does not
557 exist within 60 days of issuance of the notice, the department
558 shall administratively dissolve the corporation by issuing a
559 certificate of dissolution that recites the ground or grounds
560 for dissolution and its effective date. Issuance of the
561 certificate of dissolution may be by electronic transmission to
562 any corporation that has provided the department with an
563 electronic mail address.
564 Section 11. Subsection (1) of section 607.1530, Florida
565 Statutes, is amended to read:
566 607.1530 Grounds for revocation of authority to transact
567 business.—The Department of State may commence a proceeding
568 under s. 607.1531 to revoke the certificate of authority of a
569 foreign corporation authorized to transact business in this
570 state if:
571 (1) The foreign corporation has failed to file its annual
572 report with the Department of State by 5 p.m. Eastern Time on
573 the third Friday in September within the time required by this
574 act.
575 Section 12. Subsections (1) and (2) of section 607.1531,
576 Florida Statutes, are amended to read:
577 607.1531 Procedure for and effect of revocation.—
578 (1) If the Department of State determines that one or more
579 grounds exist under s. 607.1530 for revocation of a certificate
580 of authority, the Department of State shall serve the foreign
581 corporation with written notice of its intent to revoke the
582 foreign corporation’s certificate of authority such
583 determination under s. 607.15101. If the foreign corporation has
584 provided the department with an electronic mail address, such
585 notice shall be by electronic transmission. Revocation for
586 failure to file an annual report shall occur on the fourth
587 Friday in September of each year. The department shall issue a
588 certificate of revocation to each revoked corporation. Issuance
589 of the certificate of revocation may be by electronic
590 transmission to any corporation that has provided the department
591 with an electronic mail address.
592 (2) If the foreign corporation does not correct each ground
593 for revocation under s. 607.1530(2)-(7) or demonstrate to the
594 reasonable satisfaction of the Department of State that each
595 ground determined by the Department of State does not exist
596 within 60 days after issuance of notice is perfected under s.
597 607.15101, the Department of State shall revoke the foreign
598 corporation’s certificate of authority by issuing signing a
599 certificate of revocation that recites the ground or grounds for
600 revocation and its effective date. Issuance of the certificate
601 of revocation may be by electronic transmission to any foreign
602 corporation that has provided the department with an electronic
603 mail address.
604 Section 13. Paragraph (a) of subsection (1) of section
605 608.448, Florida Statutes, is amended to read:
606 608.448 Grounds for administrative dissolution.—
607 (1) The Department of State may commence a proceeding under
608 s. 608.4481 to administratively dissolve a limited liability
609 company if:
610 (a) The limited liability company has failed to file its
611 annual report and or pay the annual report filing fee by 5 p.m.
612 Eastern Time on the third Friday in September within the time
613 required by this chapter.
614 Section 14. Subsections (1) and (2) of section 608.4481,
615 Florida Statutes, are amended to read:
616 608.4481 Procedure for and effect of administrative
617 dissolution.—
618 (1) If the Department of State determines that one or more
619 grounds exist under s. 608.448 for dissolving a limited
620 liability company, it shall serve the limited liability company
621 with written notice of its intent to administratively dissolve
622 the limited liability company determination, stating the grounds
623 therefor. If the limited liability company has provided the
624 department with an electronic mail address, such notice shall be
625 by electronic transmission. Administrative dissolution for
626 failure to file an annual report shall occur on the fourth
627 Friday in September of each year. The Department of State shall
628 issue a certificate of dissolution to each dissolved limited
629 liability company. Issuance of the certificate of dissolution
630 may be by electronic transmission to any limited liability
631 company that has provided the department with an electronic mail
632 address.
633 (2) If the limited liability company does not correct each
634 ground for dissolution under s. 608.448(1)(b), (c), (d), or (e)
635 or demonstrate to the reasonable satisfaction of the Department
636 of State that each ground determined by the Department of State
637 does not exist within 60 days after issuance of the notice, the
638 Department of State shall administratively dissolve the limited
639 liability company by issuing a certificate of dissolution that
640 recites the ground or grounds for dissolution and its effective
641 date. Issuance of the certificate of dissolution may be by
642 electronic transmission to any limited liability company that
643 has provided the department with an electronic mail address.
644 Section 15. Subsection (1) of section 608.512, Florida
645 Statutes, is amended to read:
646 608.512 Grounds for revocation of authority to transact
647 business.—The Department of State may commence a proceeding
648 under s. 608.513 to revoke the certificate of authority of a
649 foreign limited liability company authorized to transact
650 business in this state if:
651 (1) The foreign limited liability company has failed to
652 file its annual report with the Department of State by 5 p.m.
653 Eastern Time on the third Friday in September within the time
654 required by this chapter.
655 Section 16. Subsections (1) and (2) of section 608.513,
656 Florida Statutes, are amended to read:
657 608.513 Procedure for and effect of revocation.—
658 (1) If the Department of State determines that one or more
659 grounds exist under s. 608.512 for revocation of a certificate
660 of authority, the Department of State shall serve the foreign
661 limited liability company with written notice of its intent to
662 revoke the foreign limited liability company’s certificate of
663 authority such determination under s. 608.5101. If the foreign
664 limited liability company has provided the department with an
665 electronic mail address, such notice shall be by electronic
666 transmission. Revocation for failure to file an annual report
667 shall occur on the fourth Friday in September of each year. The
668 Department of State shall issue a certificate of revocation to
669 each revoked foreign limited liability company. Issuance of the
670 certificate of revocation may be by electronic transmission to
671 any foreign limited liability company that has provided the
672 department with an electronic mail address.
673 (2) If the foreign limited liability company does not
674 correct each ground for revocation under s. 608.512(2)-(9) or
675 demonstrate to the reasonable satisfaction of the Department of
676 State that each ground determined by the Department of State
677 does not exist within 60 days after issuance of notice is
678 perfected under s. 608.5101, the Department of State shall
679 revoke the foreign limited liability company’s certificate of
680 authority by issuing signing a certificate of revocation that
681 recites the ground or grounds for revocation and its effective
682 date. Issuance of the certificate of revocation may be by
683 electronic transmission to any foreign limited liability company
684 that has provided the department with an electronic mail
685 address.
686 Section 17. Subsection (1) of section 617.1420, Florida
687 Statutes, is amended to read:
688 617.1420 Grounds for administrative dissolution.—
689 (1) The Department of State may commence a proceeding under
690 s. 617.1421 to administratively dissolve a corporation if:
691 (a) The corporation has failed to file its annual report
692 and or pay the annual report filing fee by 5 p.m. Eastern Time
693 on the third Friday in September within the time required by
694 this act;
695 (b) The corporation is without a registered agent or
696 registered office in this state for 30 days or more;
697 (c) The corporation does not notify the Department of State
698 within 30 days after its registered agent or registered office
699 has been changed, after its registered agent has resigned, or
700 after its registered office has been discontinued;
701 (d) The corporation has failed to answer truthfully and
702 fully, within the time prescribed by this act, interrogatories
703 propounded by the Department of State; or
704 (e) The corporation’s period of duration stated in its
705 articles of incorporation has expired.
706 Section 18. Subsections (1) and (2) of section 617.1421,
707 Florida Statutes, are amended to read:
708 617.1421 Procedure for and effect of administrative
709 dissolution.—
710 (1) If the Department of State determines that one or more
711 grounds exist under s. 617.1420 for administratively dissolving
712 a corporation, it shall serve the corporation with written
713 notice of its intent determination under s. 617.0504(2) to
714 administratively dissolve the corporation, stating the grounds
715 therefor. If the corporation has provided the department with an
716 electronic mail address, such notice shall be by electronic
717 transmission. Administrative dissolution for failure to file an
718 annual report shall occur on the fourth Friday in September of
719 each year. The Department of State shall issue a certificate of
720 dissolution to each dissolved corporation. Issuance of the
721 certificate of dissolution may be by electronic transmission to
722 any corporation that has provided the department with an
723 electronic mail address.
724 (2) If the corporation does not correct each ground for
725 dissolution under s. 617.1420(1)(b), (c), (d), or (e) or
726 demonstrate to the reasonable satisfaction of the Department of
727 State that each ground determined by the department does not
728 exist within 60 days after issuance of the notice, the
729 department shall administratively dissolve the corporation by
730 issuing a certificate of dissolution that recites the ground or
731 grounds for dissolution and its effective date. Issuance of the
732 certificate of dissolution may be by electronic transmission to
733 any corporation that has provided the department with an
734 electronic mail address.
735 Section 19. Subsection (1) of section 617.1530, Florida
736 Statutes, is amended to read:
737 617.1530 Grounds for revocation of authority to conduct
738 affairs.—The Department of State may commence a proceeding under
739 s. 617.1531 to revoke the certificate of authority of a foreign
740 corporation authorized to conduct its affairs in this state if:
741 (1) The foreign corporation has failed to file its annual
742 report with the Department of State by 5 p.m. Eastern Time on
743 the third Friday in September within the time required by this
744 act.
745 Section 20. Subsections (1) and (2) of section 617.1531,
746 Florida Statutes, are amended to read:
747 617.1531 Procedure for and effect of revocation.—
748 (1) If the Department of State determines that one or more
749 grounds exist under s. 617.1530 for revocation of a certificate
750 of authority, the Department of State shall serve the foreign
751 corporation with written notice of its intent to revoke the
752 foreign corporation’s certificate of authority such
753 determination under s. 617.1510. If the foreign corporation has
754 provided the department with an electronic mail address, such
755 notice shall be by electronic transmission. Revocation for
756 failure to file an annual report shall occur on the fourth
757 Friday in September of each year. The Department of State shall
758 issue a certificate of revocation to each revoked corporation.
759 Issuance of the certificate of revocation may be by electronic
760 transmission to any foreign corporation that has provided the
761 department with an electronic mail address.
762 (2) If the foreign corporation does not correct each ground
763 for revocation under s. 617.1530(2)-(7) or demonstrate to the
764 reasonable satisfaction of the Department of State that each
765 ground determined by the Department of State does not exist
766 within 60 days after issuance of notice is perfected under s.
767 617.1510, the Department of State shall revoke the foreign
768 corporation’s certificate of authority by issuing signing a
769 certificate of revocation that recites the ground or grounds for
770 revocation and its effective date. Issuance of the certificate
771 of revocation may be by electronic transmission to any foreign
772 corporation that has provided the department with an electronic
773 mail address.
774 Section 21. Subsections (1), (2), and (3) of section
775 620.1809, Florida Statutes, are amended to read:
776 620.1809 Administrative dissolution.—
777 (1) The Department of State may dissolve a limited
778 partnership administratively if the limited partnership does
779 not, within 60 days after the due date:
780 (a) Pay any fee or penalty due to the Department of State
781 under this act or other law;
782 (b) Deliver its annual report to the Department of State by
783 5 p.m. Eastern Time on the third Friday in September;
784 (c) Appoint and maintain a registered agent as required by
785 s. 620.1114; or
786 (d) Deliver for filing a statement of a change under s.
787 620.1115 within 30 days after a change has occurred in the name
788 of the registered agent or the registered office address.
789 (2) If the Department of State determines that a ground
790 exists for administratively dissolving a limited partnership,
791 the Department of State shall serve notice on the limited
792 partnership of its intent to administratively dissolve the
793 limited partnership file a record of the determination and send
794 a copy to the limited partnership. If the limited partnership
795 has provided the department with an electronic mail address,
796 such notice shall be by electronic transmission. Administrative
797 dissolution for failure to file an annual report shall occur on
798 the fourth Friday in September of each year. The Department of
799 State shall issue a certificate of dissolution to each dissolved
800 limited partnership. Issuance of the certificate of dissolution
801 may be by electronic transmission to any limited partnership
802 that has provided the department with an electronic mail
803 address.
804 (3) If within 60 days after sending notice of dissolution,
805 the copy the limited partnership does not correct each ground
806 for dissolution under s. 620.1809(1)(a), (c), or (d) or
807 demonstrate to the reasonable satisfaction of the Department of
808 State that each ground determined by the Department of State
809 does not exist, the Department of State shall administratively
810 dissolve the limited partnership and issue a certificate by
811 preparing, signing, and filing a declaration of dissolution that
812 states the grounds for dissolution. Issuance of the certificate
813 of dissolution may be by electronic transmission to any limited
814 partnership that has provided the department with an electronic
815 mail address. The Department of State shall send the limited
816 partnership a copy of the filed declaration.
817 Section 22. Section 620.1906, Florida Statutes, is amended
818 to read:
819 620.1906 Revocation of certificate of authority.—
820 (1) A certificate of authority of a foreign limited
821 partnership to transact business in this state may be revoked by
822 the Department of State in the manner provided in subsections
823 (2) and (3) if the foreign limited partnership does not:
824 (a) Pay, within 60 days after the due date, any fee or
825 penalty due to the Department of State under this act or other
826 law;
827 (b) Deliver, within 60 days after the due date, its annual
828 report to the Department of State by 5 p.m. Eastern Time on the
829 third Friday in September required under s. 620.1210;
830 (c) Appoint and maintain an agent for service of process as
831 required by s. 620.1114(2); or
832 (d) Deliver for filing a statement of a change under s.
833 620.1115 within 30 days after a change has occurred in the name
834 or address of the agent.
835 (2) If the Department of State determines that one or more
836 grounds exist under s. 620.1906 for revocation of a foreign
837 limited partnership, it shall notify the foreign limited
838 partnership of its intent to revoke the foreign limited
839 partnership’s certificate of authority. If the foreign limited
840 partnership has provided the department with an electronic mail
841 address, such notice shall be by electronic transmission.
842 Revocation for failure to file an annual report shall occur on
843 the fourth Friday in September of each year. The Department of
844 State shall issue a certificate of revocation to each revoked
845 foreign limited partnership. Issuance of the certificate of
846 revocation may be by electronic transmission to any foreign
847 limited partnership that has provided the department with an
848 electronic mail address. In order to revoke a certificate of
849 authority, the Department of State must prepare, sign, and file
850 a notice of revocation and send a copy to the foreign limited
851 partnership. The notice must state:
852 (a) The effective date of the revocation, which must be at
853 least 60 days after the date the Department of State sends the
854 copy.
855 (b) The foreign limited partnership’s failures to comply
856 with subsection (1) which are the reason for the revocation.
857 (3) If within 60 days after sending a notice of revocation,
858 the foreign limited partnership does not correct each ground for
859 revocation under s. 620.1906(1)(a), (c), or (d), or demonstrate
860 to the reasonable satisfaction of the Department of State that
861 each ground determined by the department does not exist, the
862 department shall revoke the foreign limited partnership’s
863 authority to transact business in this state and issue a
864 certificate of revocation that states the grounds for
865 revocation. Issuance of the certificate of revocation may be by
866 electronic transmission to any foreign limited partnership that
867 has provided the department with an electronic mail address.
868 (4)(3) The authority of the foreign limited partnership to
869 transact business in this state ceases on the effective date of
870 the certificate notice of revocation unless before that date the
871 foreign limited partnership cures each failure to comply with
872 subsection (1) stated in the notice. If the foreign limited
873 partnership cures the failures, the Department of State shall so
874 indicate on the filed notice.
875 Section 23. Subsection (3) of section 620.9003, Florida
876 Statutes, is amended to read:
877 620.9003 Annual report.—
878 (3) The Department of State may administratively revoke the
879 statement of qualification of a partnership that fails to file
880 its annual report and pay the required filing fee by 5 p.m.
881 Eastern Time on the third Friday in September. The Department of
882 State shall serve 60-day notice on the limited liability
883 partnership of its intent to revoke the statement of
884 qualification. If the partnership has provided the department
885 with an electronic mail address, such notice shall be by
886 electronic transmission. Revocation for failure to file an
887 annual report shall occur on the fourth Friday in September of
888 each year. The Department of State shall issue a certificate of
889 revocation of the statement of qualification to each revoked
890 partnership. Issuance of the certificate of revocation of the
891 statement of qualification may be by electronic transmission to
892 any partnership that has provided the department with an
893 electronic mail address. The Secretary of State may
894 administratively revoke the statement of qualification of a
895 partnership that fails to file an annual report when due or to
896 pay the required filing fee. The Secretary of State shall
897 provide the partnership at least 60 days’ written notice of
898 intent to revoke the statement. The notice is effective 5 days
899 after it is deposited in the United States mail addressed to the
900 partnership at its chief executive office set forth in the last
901 filed statement of qualification or annual report. The notice
902 must specify the annual report that has not been filed, the fee
903 that has not been paid, and the date on or after which the
904 revocation will become effective. The revocation is not
905 effective if the annual report is filed and the fee is paid
906 before the effective date of the revocation.
907 Section 24. Subsection (1) of section 679.525, Florida
908 Statutes, is amended to read:
909 679.525 Processing fees.—
910 (1) Except as otherwise provided in subsection (3), the
911 nonrefundable processing fee for filing and indexing a record
912 under this part, other than an initial financing statement of
913 the kind described in s. 679.5021(3), is:
914 (a) For filing an initial financing statement, $25 for the
915 first page, which shall include the cost of filing a termination
916 statement for the financing statement;
917 (b) For filing an amendment, $12 for the first page;
918 (c) For indexing by additional debtor, secured party, or
919 assignee, $3 per additional name indexed;
920 (d) For use of a nonapproved form, $5;
921 (e) For each additional page attached to a record, $3;
922 (f) For a certified copy of a financing statement and any
923 and all associated amendments, $30; and
924 (g) For a photocopy of a filed record, $1 per page; and.
925 (h) For filing an initial financing statement, an
926 additional $10 for the first page. Receipts from this fee shall
927 be deposited into the General Revenue Fund and are not included
928 in the receipts for purposes of calculating the contractor’s
929 compensation for performing services regarding the Florida
930 Secured Transaction Registry.
931 Section 25. Paragraph (b) of subsection (6) of section
932 865.09, Florida Statutes, is amended to read:
933 865.09 Fictitious name registration.—
934 (6) RENEWAL.—
935 (b) In the last year of the registration, the division
936 shall notify the owner or registrant of the expiration of the
937 fictitious name mail to the last reported mailing address or to
938 the address of any registered owner of a name a statement of
939 renewal. If the owner or registrant of the fictitious name has
940 provided the department with an electronic mail address, such
941 notice shall be by electronic transmission.
942 Section 26. This act shall take effect upon becoming a law.