Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1490
       
       
       
       
       
       
                                Barcode 509702                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2013           .                                
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       The Committee on Governmental Oversight and Accountability
       (Hays) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 607.0122, Florida Statutes, is amended
    6  to read:
    7         607.0122 Fees for filing documents and issuing
    8  certificates.—The Department of State shall collect the
    9  following fees when the documents described in this section are
   10  delivered to the department for filing:
   11         (1) Initial filing, $70, including:
   12         (a) Articles of incorporation or application for
   13  certificate of authority to transact business in this state by a
   14  foreign corporation.
   15         (b) Designation of and acceptance by registered agent: $35.
   16         (2) Application for registered name: $35 $87.50.
   17         (3) Application for renewal of registered name: $35 $87.50.
   18         (4) Corporation’s statement of change of registered agent
   19  or registered office or both if not included on the annual
   20  report: $35.
   21         (5) Designation of and acceptance by registered agent: $35.
   22         (5)(6) Agent’s statement of resignation from active
   23  corporation: $85 $87.50.
   24         (6)(7) Agent’s statement of resignation from an inactive
   25  corporation: $35.
   26         (7)(8) Amendment of articles of incorporation: $35.
   27         (8)(9) Restatement of articles of incorporation with
   28  amendment of articles: $35.
   29         (9)(10) Articles of merger or share exchange for each party
   30  thereto: $35.
   31         (10)(11) Articles of dissolution: $35.
   32         (11)(12) Articles of revocation of dissolution: $35.
   33         (12)(13) Application for reinstatement following
   34  administrative dissolution: $400 $600.
   35         (14) Application for certificate of authority to transact
   36  business in this state by a foreign corporation: $35.
   37         (13)(15) Application for amended certificate of authority:
   38  $35.
   39         (14)(16) Application for certificate of withdrawal by a
   40  foreign corporation: $35.
   41         (15)(17) Annual report: $150 $61.25.
   42         (16)(18) Articles of correction: $35.
   43         (17)(19) Application for certificate of status: $8.75.
   44         (18)(20) Certificate of domestication of a foreign
   45  corporation: $50.
   46         (19)(21) Certified copy of document: $8.75 $52.50.
   47         (20)(22) Serving as agent for substitute service of
   48  process: $35 $87.50.
   49         (23) Supplemental corporate fee: $88.75.
   50         (21)(24) Any other document required or permitted to be
   51  filed by this act: $35.
   52         (22) A late charge of $400 if the annual report fee is
   53  remitted after May 1 except in circumstances in which a business
   54  entity was administratively dissolved or its certificate of
   55  authority was revoked due to its failure to file an annual
   56  report and the entity subsequently applied for reinstatement and
   57  paid the applicable reinstatement fee.
   58         Section 2. Section 607.193, Florida Statutes, is repealed.
   59         Section 3. Section 608.452, Florida Statutes, is amended to
   60  read:
   61         608.452 Fees of the Department of State.—The fees of the
   62  Department of State under this chapter are as follows:
   63         (1) For furnishing a certified copy, $8.75 $30.
   64         (2) For initial filing, $70, including:
   65         (a) Original articles of organization or a foreign limited
   66  liability company’s application for a certificate of authority
   67  to transact business.
   68         (b) A certificate designating a registered agent.
   69         (3)(2) For filing original articles of organization,
   70  articles of revocation of dissolution, $35 or a foreign limited
   71  liability company’s application for a certificate of authority
   72  to transact business, $100.
   73         (4)(3) For filing a certificate of merger of limited
   74  liability companies or other business entities, $35 $25 per
   75  constituent party to the merger, unless a specific fee is
   76  required for a party in other applicable law.
   77         (5)(4) For filing an annual report, $150 $50.
   78         (6)(5) For filing an application for reinstatement after an
   79  administrative or judicial dissolution or a revocation of
   80  authority to transact business, $400 $100.
   81         (7)(6) For filing a certificate designating a registered
   82  agent or changing a registered agent, $35 $25.
   83         (8)(7) For filing a registered agent’s statement of
   84  resignation from an active limited liability company, $85.
   85         (9)(8) For filing a registered agent’s statement of
   86  resignation from a dissolved limited liability company, $35 $25.
   87         (10)(9) For filing a certificate of conversion of a limited
   88  liability company, $35 $25.
   89         (11)(10) For filing any other limited liability company
   90  document, $35 $25.
   91         (12)(11) For furnishing a certificate of status, $8.75 $5.
   92         (13) A late charge of $400 if the annual report fee is
   93  remitted after May 1 except in circumstances in which a business
   94  entity was administratively dissolved or its certificate of
   95  authority was revoked due to its failure to file an annual
   96  report and the entity subsequently applied for reinstatement and
   97  paid the applicable reinstatement fee.
   98         Section 4. Section 617.0122, Florida Statutes, is amended
   99  to read:
  100         617.0122 Fees for filing documents and issuing
  101  certificates.—The Department of State shall collect the
  102  following fees on documents delivered to the department for
  103  filing:
  104         (1) Initial filing, $70, including:
  105         (a) Articles of incorporation or application for
  106  certificate of authority to transact business in this state by a
  107  foreign corporation.
  108         (b) Designation of and acceptance by registered agent: $35.
  109         (2) Application for registered name: $35 $87.50.
  110         (3) Application for renewal of registered name: $35 $87.50.
  111         (4) Corporation’s statement of change of registered agent
  112  or registered office or both if not included on the annual
  113  report: $35.
  114         (5) Designation of and acceptance by registered agent: $35.
  115         (5)(6) Agent’s statement of resignation from active
  116  corporation: $85 $87.50.
  117         (6)(7) Agent’s statement of resignation from inactive
  118  corporation: $35.
  119         (7)(8) Amendment of articles of incorporation: $35.
  120         (8)(9) Restatement of articles of incorporation with
  121  amendment of articles: $35.
  122         (9)(10) Articles of merger for each party thereto: $35.
  123         (10)(11) Articles of dissolution: $35.
  124         (11)(12) Articles of revocation of dissolution: $35.
  125         (12)(13) Application for reinstatement following
  126  administrative dissolution: $400 $175.
  127         (14) Application for certificate of authority to transact
  128  business in this state by a foreign corporation: $35.
  129         (13)(15) Application for amended certificate of authority:
  130  $35.
  131         (14)(16) Application for certificate of withdrawal by a
  132  foreign corporation: $35.
  133         (15)(17) Annual report: $150 $61.25.
  134         (16)(18) Articles of correction: $35.
  135         (17)(19) Application for certificate of status: $8.75.
  136         (18)(20) Certified copy of document: $8.75 $52.50.
  137         (19)(21) Serving as agent for substitute service of
  138  process: $35 $87.50.
  139         (20)(22) Certificate of conversion of a limited
  140  agricultural association to a domestic corporation: $35.
  141         (21)(23) Any other document required or permitted to be
  142  filed by this chapter: $35.
  143         (22) A late charge of $400 if the annual report fee is
  144  remitted after May 1 except in circumstances in which a business
  145  entity was administratively dissolved or its certificate of
  146  authority was revoked due to its failure to file an annual
  147  report and the entity subsequently applied for reinstatement and
  148  paid the applicable reinstatement fee.
  149  
  150  Any citizen support organization that is required by rule of the
  151  Department of Environmental Protection to be formed as a
  152  nonprofit organization and is under contract with the department
  153  is exempt from any fees required for incorporation as a
  154  nonprofit organization, and the Secretary of State may not
  155  assess any such fees if the citizen support organization is
  156  certified by the Department of Environmental Protection to the
  157  Secretary of State as being under contract with the Department
  158  of Environmental Protection.
  159         Section 5. Section 620.1109, Florida Statutes, is amended
  160  to read:
  161         620.1109 Department of State; fees.—In addition to the
  162  supplemental corporate fee of $88.75 imposed pursuant to s.
  163  607.193, The fees of the Department of State under this act are
  164  as follows:
  165         (1) For furnishing a certified copy, $8.75 $52.50 for the
  166  first 15 pages plus $1.00 for each additional page.
  167         (2) For initial filing, $70, including:
  168         (a) An original certificate of limited partnership or an
  169  original application for registration as a foreign limited
  170  partnership.,
  171         (b) Designating a registered agent $965.
  172         (3) For filing an original application for registration as
  173  a foreign limited partnership, $965.
  174         (3)(4) For filing certificate of conversion, $35 $52.50.
  175         (4)(5) For filing certificate of merger, $35 $52.50 for
  176  each party thereto.
  177         (5)(6) For filing a reinstatement, $400 $500 for each
  178  calendar year or part thereof the limited partnership was
  179  administratively dissolved or foreign limited partnership was
  180  revoked in the records of the Department of State.
  181         (6)(7) For filing an annual report, $150 $411.25.
  182         (7)(8) For filing a certificate:
  183         (a) Designating a registered agent, $35;
  184         (a)(b) Changing a registered agent or registered office
  185  address, $35;
  186         (b)(c) Resigning as a registered agent from an active
  187  limited partnership, $85 $87.50; or
  188         (c) Resigning as a registered agent from an inactive
  189  limited partnership, $35; or
  190         (d) Of amendment or restatement of the certificate of
  191  limited partnership, $35. $52.50;
  192         (8)(9) For filing a statement of termination, $35 $52.50.
  193         (9)(10) For filing a notice of cancellation for foreign
  194  limited partnership, $35 $52.50.
  195         (10)(11) For furnishing a certificate of status or
  196  authorization, $8.75.
  197         (11)(12) For filing a certificate of dissolution, $35
  198  $52.50.
  199         (12)(13) For filing a certificate of revocation of
  200  dissolution, $35 $52.50.
  201         (13)(14) For filing any other domestic or foreign limited
  202  partnership document, $35 $52.50.
  203         (14) A late charge of $400 if the annual report fee is
  204  remitted after May 1 except in circumstances in which a business
  205  entity was administratively dissolved or its certificate of
  206  authority was revoked due to its failure to file an annual
  207  report and the entity subsequently applied for reinstatement and
  208  paid the applicable reinstatement fee.
  209         Section 6. Subsection (1) of section 620.81055, Florida
  210  Statutes, is amended to read:
  211         620.81055 Fees for filing documents and issuing
  212  certificates; powers of the Department of State.—
  213         (1) The Department of State shall collect the following
  214  fees when documents authorized by this act are delivered to the
  215  Department of State for filing:
  216         (a) Partnership registration statement: $70 $50.
  217         (b) Statement of partnership authority: $35 $25.
  218         (c) Statement of denial: $35 $25.
  219         (d) Statement of dissociation: $35 $25.
  220         (e) Statement of dissolution: $35 $25.
  221         (f) Statement of qualification: $35 $25.
  222         (g) Statement of foreign qualification: $35 $25.
  223         (h) Limited liability partnership annual report: $150 $25.
  224         (i) Certificate of merger for each party thereto: $35 $25.
  225         (j) Amendment to any statement or registration: $35 $25.
  226         (k) Cancellation of any statement or registration: $35 $25.
  227         (l) Certified copy of any recording or part thereof: $8.75
  228  $52.50.
  229         (m) Certificate of status: $8.75.
  230         (n) Certificate of conversion: $35 $25.
  231         (o) Any other document required or permitted to be filed by
  232  this act: $35 $25.
  233         (p) A late charge of $400 if the annual report fee is
  234  remitted after May 1 except in circumstances in which a limited
  235  liability partnership’s statement of qualification was revoked
  236  due to its failure to file an annual report and the entity
  237  subsequently applied for reinstatement and paid the applicable
  238  reinstatement fee.
  239         Section 7. This act shall take effect July 1, 2014.
  240  
  241  ================= T I T L E  A M E N D M E N T ================
  242         And the title is amended as follows:
  243         Delete everything before the enacting clause
  244  and insert:
  245                        A bill to be entitled                      
  246         An act relating to business entity filing fees;
  247         amending ss. 607.0122, 608.452, 617.0122, and
  248         620.1109, F.S.; combining certain individual fees into
  249         one initial filing fee, revising fees, and requiring
  250         the imposition of a late charge under certain
  251         circumstances for a corporation for profit, a limited
  252         liability company, a corporation not for profit, a
  253         domestic limited partnership, and a foreign limited
  254         partnership, respectively; amending s. 620.81055,
  255         F.S.; revising fees and requiring the imposition of a
  256         late charge under certain circumstances for a limited
  257         liability partnership; repealing s. 607.193, F.S.,
  258         relating to supplemental corporate fees; providing an
  259         effective date.