Florida Senate - 2013                             CS for SB 1490
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Latvala
       
       
       
       585-03463-13                                          20131490c1
    1                        A bill to be entitled                      
    2         An act relating to business entity filing fees;
    3         amending ss. 607.0122, 608.452, 617.0122, and
    4         620.1109, F.S.; combining certain individual fees into
    5         one initial filing fee, revising fees, and requiring
    6         the imposition of a late charge under certain
    7         circumstances for a corporation for profit, a limited
    8         liability company, a corporation not for profit, a
    9         domestic limited partnership, and a foreign limited
   10         partnership, respectively; amending s. 620.81055,
   11         F.S.; revising fees and requiring the imposition of a
   12         late charge under certain circumstances for a limited
   13         liability partnership; repealing s. 607.193, F.S.,
   14         relating to supplemental corporate fees; providing an
   15         effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 607.0122, Florida Statutes, is amended
   20  to read:
   21         607.0122 Fees for filing documents and issuing
   22  certificates.—The Department of State shall collect the
   23  following fees when the documents described in this section are
   24  delivered to the department for filing:
   25         (1) Initial filing, $70, including:
   26         (a) Articles of incorporation or application for
   27  certificate of authority to transact business in this state by a
   28  foreign corporation.
   29         (b) Designation of and acceptance by registered agent: $35.
   30         (2) Application for registered name: $35 $87.50.
   31         (3) Application for renewal of registered name: $35 $87.50.
   32         (4) Corporation’s statement of change of registered agent
   33  or registered office or both if not included on the annual
   34  report: $35.
   35         (5) Designation of and acceptance by registered agent: $35.
   36         (5)(6) Agent’s statement of resignation from active
   37  corporation: $85 $87.50.
   38         (6)(7) Agent’s statement of resignation from an inactive
   39  corporation: $35.
   40         (7)(8) Amendment of articles of incorporation: $35.
   41         (8)(9) Restatement of articles of incorporation with
   42  amendment of articles: $35.
   43         (9)(10) Articles of merger or share exchange for each party
   44  thereto: $35.
   45         (10)(11) Articles of dissolution: $35.
   46         (11)(12) Articles of revocation of dissolution: $35.
   47         (12)(13) Application for reinstatement following
   48  administrative dissolution: $400 $600.
   49         (14) Application for certificate of authority to transact
   50  business in this state by a foreign corporation: $35.
   51         (13)(15) Application for amended certificate of authority:
   52  $35.
   53         (14)(16) Application for certificate of withdrawal by a
   54  foreign corporation: $35.
   55         (15)(17) Annual report: $150 $61.25.
   56         (16)(18) Articles of correction: $35.
   57         (17)(19) Application for certificate of status: $8.75.
   58         (18)(20) Certificate of domestication of a foreign
   59  corporation: $50.
   60         (19)(21) Certified copy of document: $8.75 $52.50.
   61         (20)(22) Serving as agent for substitute service of
   62  process: $35 $87.50.
   63         (23) Supplemental corporate fee: $88.75.
   64         (21)(24) Any other document required or permitted to be
   65  filed by this act: $35.
   66         (22) A late charge of $400 if the annual report fee is
   67  remitted after May 1 except in circumstances in which a business
   68  entity was administratively dissolved or its certificate of
   69  authority was revoked due to its failure to file an annual
   70  report and the entity subsequently applied for reinstatement and
   71  paid the applicable reinstatement fee.
   72         Section 2. Section 607.193, Florida Statutes, is repealed.
   73         Section 3. Section 608.452, Florida Statutes, is amended to
   74  read:
   75         608.452 Fees of the Department of State.—The fees of the
   76  Department of State under this chapter are as follows:
   77         (1) For furnishing a certified copy, $8.75 $30.
   78         (2) For initial filing, $70, including:
   79         (a) Original articles of organization or a foreign limited
   80  liability company’s application for a certificate of authority
   81  to transact business.
   82         (b) A certificate designating a registered agent.
   83         (3)(2) For filing original articles of organization,
   84  articles of revocation of dissolution, $35 or a foreign limited
   85  liability company’s application for a certificate of authority
   86  to transact business, $100.
   87         (4)(3) For filing a certificate of merger of limited
   88  liability companies or other business entities, $35 $25 per
   89  constituent party to the merger, unless a specific fee is
   90  required for a party in other applicable law.
   91         (5)(4) For filing an annual report, $150 $50.
   92         (6)(5) For filing an application for reinstatement after an
   93  administrative or judicial dissolution or a revocation of
   94  authority to transact business, $400 $100.
   95         (7)(6) For filing a certificate designating a registered
   96  agent or changing a registered agent, $35 $25.
   97         (8)(7) For filing a registered agent’s statement of
   98  resignation from an active limited liability company, $85.
   99         (9)(8) For filing a registered agent’s statement of
  100  resignation from a dissolved limited liability company, $35 $25.
  101         (10)(9) For filing a certificate of conversion of a limited
  102  liability company, $35 $25.
  103         (11)(10) For filing any other limited liability company
  104  document, $35 $25.
  105         (12)(11) For furnishing a certificate of status, $8.75 $5.
  106         (13) A late charge of $400 if the annual report fee is
  107  remitted after May 1 except in circumstances in which a business
  108  entity was administratively dissolved or its certificate of
  109  authority was revoked due to its failure to file an annual
  110  report and the entity subsequently applied for reinstatement and
  111  paid the applicable reinstatement fee.
  112         Section 4. Section 617.0122, Florida Statutes, is amended
  113  to read:
  114         617.0122 Fees for filing documents and issuing
  115  certificates.—The Department of State shall collect the
  116  following fees on documents delivered to the department for
  117  filing:
  118         (1) Initial filing, $70, including:
  119         (a) Articles of incorporation or application for
  120  certificate of authority to transact business in this state by a
  121  foreign corporation.
  122         (b) Designation of and acceptance by registered agent: $35.
  123         (2) Application for registered name: $35 $87.50.
  124         (3) Application for renewal of registered name: $35 $87.50.
  125         (4) Corporation’s statement of change of registered agent
  126  or registered office or both if not included on the annual
  127  report: $35.
  128         (5) Designation of and acceptance by registered agent: $35.
  129         (5)(6) Agent’s statement of resignation from active
  130  corporation: $85 $87.50.
  131         (6)(7) Agent’s statement of resignation from inactive
  132  corporation: $35.
  133         (7)(8) Amendment of articles of incorporation: $35.
  134         (8)(9) Restatement of articles of incorporation with
  135  amendment of articles: $35.
  136         (9)(10) Articles of merger for each party thereto: $35.
  137         (10)(11) Articles of dissolution: $35.
  138         (11)(12) Articles of revocation of dissolution: $35.
  139         (12)(13) Application for reinstatement following
  140  administrative dissolution: $400 $175.
  141         (14) Application for certificate of authority to transact
  142  business in this state by a foreign corporation: $35.
  143         (13)(15) Application for amended certificate of authority:
  144  $35.
  145         (14)(16) Application for certificate of withdrawal by a
  146  foreign corporation: $35.
  147         (15)(17) Annual report: $150 $61.25.
  148         (16)(18) Articles of correction: $35.
  149         (17)(19) Application for certificate of status: $8.75.
  150         (18)(20) Certified copy of document: $8.75 $52.50.
  151         (19)(21) Serving as agent for substitute service of
  152  process: $35 $87.50.
  153         (20)(22) Certificate of conversion of a limited
  154  agricultural association to a domestic corporation: $35.
  155         (21)(23) Any other document required or permitted to be
  156  filed by this chapter: $35.
  157         (22) A late charge of $400 if the annual report fee is
  158  remitted after May 1 except in circumstances in which a business
  159  entity was administratively dissolved or its certificate of
  160  authority was revoked due to its failure to file an annual
  161  report and the entity subsequently applied for reinstatement and
  162  paid the applicable reinstatement fee.
  163  
  164  Any citizen support organization that is required by rule of the
  165  Department of Environmental Protection to be formed as a
  166  nonprofit organization and is under contract with the department
  167  is exempt from any fees required for incorporation as a
  168  nonprofit organization, and the Secretary of State may not
  169  assess any such fees if the citizen support organization is
  170  certified by the Department of Environmental Protection to the
  171  Secretary of State as being under contract with the Department
  172  of Environmental Protection.
  173         Section 5. Section 620.1109, Florida Statutes, is amended
  174  to read:
  175         620.1109 Department of State; fees.—In addition to the
  176  supplemental corporate fee of $88.75 imposed pursuant to s.
  177  607.193, The fees of the Department of State under this act are
  178  as follows:
  179         (1) For furnishing a certified copy, $8.75 $52.50 for the
  180  first 15 pages plus $1.00 for each additional page.
  181         (2) For initial filing, $70, including:
  182         (a) An original certificate of limited partnership or an
  183  original application for registration as a foreign limited
  184  partnership.,
  185         (b) Designating a registered agent $965.
  186         (3) For filing an original application for registration as
  187  a foreign limited partnership, $965.
  188         (3)(4) For filing certificate of conversion, $35 $52.50.
  189         (4)(5) For filing certificate of merger, $35 $52.50 for
  190  each party thereto.
  191         (5)(6) For filing a reinstatement, $400 $500 for each
  192  calendar year or part thereof the limited partnership was
  193  administratively dissolved or foreign limited partnership was
  194  revoked in the records of the Department of State.
  195         (6)(7) For filing an annual report, $150 $411.25.
  196         (7)(8) For filing a certificate:
  197         (a) Designating a registered agent, $35;
  198         (a)(b) Changing a registered agent or registered office
  199  address, $35;
  200         (b)(c) Resigning as a registered agent from an active
  201  limited partnership, $85 $87.50; or
  202         (c) Resigning as a registered agent from an inactive
  203  limited partnership, $35; or
  204         (d) Of amendment or restatement of the certificate of
  205  limited partnership, $35. $52.50;
  206         (8)(9) For filing a statement of termination, $35 $52.50.
  207         (9)(10) For filing a notice of cancellation for foreign
  208  limited partnership, $35 $52.50.
  209         (10)(11) For furnishing a certificate of status or
  210  authorization, $8.75.
  211         (11)(12) For filing a certificate of dissolution, $35
  212  $52.50.
  213         (12)(13) For filing a certificate of revocation of
  214  dissolution, $35 $52.50.
  215         (13)(14) For filing any other domestic or foreign limited
  216  partnership document, $35 $52.50.
  217         (14) A late charge of $400 if the annual report fee is
  218  remitted after May 1 except in circumstances in which a business
  219  entity was administratively dissolved or its certificate of
  220  authority was revoked due to its failure to file an annual
  221  report and the entity subsequently applied for reinstatement and
  222  paid the applicable reinstatement fee.
  223         Section 6. Subsection (1) of section 620.81055, Florida
  224  Statutes, is amended to read:
  225         620.81055 Fees for filing documents and issuing
  226  certificates; powers of the Department of State.—
  227         (1) The Department of State shall collect the following
  228  fees when documents authorized by this act are delivered to the
  229  Department of State for filing:
  230         (a) Partnership registration statement: $70 $50.
  231         (b) Statement of partnership authority: $35 $25.
  232         (c) Statement of denial: $35 $25.
  233         (d) Statement of dissociation: $35 $25.
  234         (e) Statement of dissolution: $35 $25.
  235         (f) Statement of qualification: $35 $25.
  236         (g) Statement of foreign qualification: $35 $25.
  237         (h) Limited liability partnership annual report: $150 $25.
  238         (i) Certificate of merger for each party thereto: $35 $25.
  239         (j) Amendment to any statement or registration: $35 $25.
  240         (k) Cancellation of any statement or registration: $35 $25.
  241         (l) Certified copy of any recording or part thereof: $8.75
  242  $52.50.
  243         (m) Certificate of status: $8.75.
  244         (n) Certificate of conversion: $35 $25.
  245         (o) Any other document required or permitted to be filed by
  246  this act: $35 $25.
  247         (p) A late charge of $400 if the annual report fee is
  248  remitted after May 1 except in circumstances in which a limited
  249  liability partnership’s statement of qualification was revoked
  250  due to its failure to file an annual report and the entity
  251  subsequently applied for reinstatement and paid the applicable
  252  reinstatement fee.
  253         Section 7. This act shall take effect July 1, 2014.