Florida Senate - 2014                                     SB 776
       
       
        
       By Senator Simpson
       
       
       
       
       
       18-00880A-14                                           2014776__
    1                        A bill to be entitled                      
    2         An act relating to business entities; amending s.
    3         605.0213, F.S.; revising the filing fees of a limited
    4         liability company; making technical changes; amending
    5         s. 607.0122, F.S.; revising the filing fees for a
    6         corporation; making technical changes; amending s.
    7         607.01401, F.S.; defining the term “department”;
    8         creating s. 607.1623, F.S.; requiring a fee to be
    9         imposed for late annual reports; specifying the fee;
   10         repealing s. 607.193, F.S., relating to a supplemental
   11         corporate fee; amending 617.0122, F.S.; revising the
   12         filing fees of a corporation not for profit; making
   13         technical changes; amending s. 620.1102, F.S.;
   14         defining the term “department”; amending s. 620.1109,
   15         F.S.; revising the filing fees of a limited
   16         partnership; making technical changes; amending s.
   17         620.8101, F.S.; defining the term “department”;
   18         amending s. 620.81055, F.S.; revising the filing fees
   19         of a partnership; making technical changes; amending
   20         ss. 339.12, 605.0118, 607.0505, 610.104, and 631.0515,
   21         F.S.; conforming cross-references to changes made in
   22         the act; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 605.0213, Florida Statutes, is amended
   27  to read:
   28         605.0213 Fees of the department.—
   29         (1) The fees of the department shall collect the following
   30  fees on documents delivered to the department for filing under
   31  this chapter are as follows:
   32         (1) For furnishing a certified copy, $30.
   33         (a)(2)For filing Original articles of organization and
   34  initial registered agent designation or articles of revocation
   35  of dissolution, $125 $100.
   36         (b)(3)For filing a Foreign limited liability company’s
   37  application for a certificate of authority to transact business
   38  and initial registered agent designation, $125 $100.
   39         (c)(4)For filing a Certificate of merger of limited
   40  liability companies or other business entities, $25 per
   41  constituent party to the merger, unless a specific fee is
   42  required for a party under other applicable law.
   43         (d)(5)For filing an Annual report, $125 $50.
   44         (e)(6)For filing an Application for reinstatement after an
   45  administrative or judicial dissolution or a revocation of
   46  authority to transact business, $100.
   47         (f)(7)For filing a Certificate designating a registered
   48  agent or changing a registered agent, $25.
   49         (g)(8)For filing a Registered agent’s statement of
   50  resignation from a an active limited liability company, $25 $85.
   51         (9) For filing a registered agent’s statement of
   52  resignation from a dissolved limited liability company, $25.
   53         (h)(10)For filing a Certificate of conversion of a limited
   54  liability company, $25.
   55         (i) Articles of revocation of dissolution, $25.
   56         (j)(11)For filing Any other limited liability company
   57  document, $25.
   58         (12)For furnishing a certificate of status, $5.
   59         (2) The department shall collect the following fees on
   60  documents furnished by the department:
   61         (a) Certified copy, $8.75.
   62         (b) Certificate of status, $5.
   63         Section 2. Section 607.0122, Florida Statutes, is amended
   64  to read:
   65         607.0122 Fees of the department for filing documents and
   66  issuing certificates.—
   67         (1) The department of State shall collect the following
   68  fees on when the documents described in this section are
   69  delivered to the department for filing:
   70         (a)(1)Original articles of incorporation and initial
   71  registered agent designation, $70: $35.
   72         (b)(2) Application for registered name, $25: $87.50.
   73         (c)(3) Application for renewal of registered name, $25:
   74  $87.50.
   75         (d)(4) Corporation’s statement of change of registered
   76  agent or registered office or both if not included on the annual
   77  report, $25: $35.
   78         (e)(5) Designation of and acceptance by registered agent,
   79  $25: $35.
   80         (f)(6) Agent’s statement of resignation, $25 from active
   81  corporation: $87.50.
   82         (7) Agent’s statement of resignation from an inactive
   83  corporation: $35.
   84         (g)(8) Amendment of articles of incorporation, $25: $35.
   85         (h)(9) Restatement of articles of incorporation with
   86  amendment of articles, $25: $35.
   87         (i)(10) Articles of merger or share exchange, $25 for each
   88  party thereto: $35.
   89         (j)(11) Articles of dissolution, $25: $35.
   90         (k)(12) Articles of revocation of dissolution, $25: $35.
   91         (l)(13) Application for reinstatement following
   92  administrative dissolution,: $600.
   93         (m)(14) Application for certificate of authority to
   94  transact business in this state by a foreign corporation and
   95  initial registered agent designation, $70: $35.
   96         (n)(15) Application for amended certificate of authority,
   97  $25: $35.
   98         (o)(16) Application for certificate of withdrawal by a
   99  foreign corporation, $25: $35.
  100         (p)(17) Annual report, $125: $61.25.
  101         (q)(18) Articles of correction, $25: $35.
  102         (19) Application for certificate of status: $8.75.
  103         (r)(20) Certificate of domestication of a foreign
  104  corporation, $25: $50.
  105         (21) Certified copy of document: $52.50.
  106         (22) Serving as agent for substitute service of process:
  107  $87.50.
  108         (23) Supplemental corporate fee: $88.75.
  109         (s)(24) Any other document required or permitted to be
  110  filed by this act, $25: $35.
  111         (2) The department shall collect the following fees on
  112  documents furnished by the department:
  113         (a) Certified copy, $8.75.
  114         (b) Certificate of status, $8.75.
  115         (3) The department shall collect a fee of $8.75 to serve as
  116  an agent for substitute service of process.
  117         Section 3. Present subsections (8) through (31) of section
  118  607.01401, Florida Statutes, are redesignated as subsections (9)
  119  through (32), respectively, and a new subsection (8) is added to
  120  that section, to read:
  121         607.01401 Definitions.—As used in this act, unless the
  122  context otherwise requires, the term:
  123         (8) “Department” means the Department of State.
  124         Section 4. Section 607.1623, Florida Statutes, is created
  125  to read:
  126         607.1623 Annual report late fee.—
  127         (1) In addition to the fees required under ss. 605.0213,
  128  607.0122, and 620.1109, the department shall collect one of the
  129  following late fees:
  130         (a) If the annual report fee is remitted after May 1, $125.
  131         (b) If the annual report fee is remitted after May 31,
  132  $250.
  133         (c) If the annual report fee is remitted after June 30,
  134  $375.
  135         (d) If the annual report fee is remitted after July 31,
  136  $400.
  137         (2) A late fee under subsection (1) may not be collected if
  138  a business entity is administratively dissolved or its
  139  certificate of authority is revoked due to its failure to file
  140  an annual report and the entity subsequently applies for
  141  reinstatement and pays the applicable reinstatement fee.
  142         Section 5. Section 607.193, Florida Statutes, is repealed.
  143         Section 6. Section 617.0122, Florida Statutes, is amended
  144  to read:
  145         617.0122 Fees of the department for filing documents and
  146  issuing certificates.—
  147         (1) The department of State shall collect the following
  148  fees on documents delivered to the department for filing:
  149         (a)(1)Original articles of incorporation and initial
  150  registered agent designation, $70: $35.
  151         (b)(2) Application for registered name, $25: $87.50.
  152         (c)(3) Application for renewal of registered name, $25:
  153  $87.50.
  154         (d)(4) Corporation’s statement of change of registered
  155  agent or registered office or both if not included on the annual
  156  report, $25: $35.
  157         (e)(5) Designation of and acceptance by registered agent,
  158  $25: $35.
  159         (f)(6) Agent’s statement of resignation, $25 from active
  160  corporation: $87.50.
  161         (7) Agent’s statement of resignation from inactive
  162  corporation: $35.
  163         (g)(8) Amendment of articles of incorporation, $25: $35.
  164         (h)(9) Restatement of articles of incorporation with
  165  amendment of articles, $25: $35.
  166         (i)(10) Articles of merger, $25 for each party thereto:
  167  $35.
  168         (j)(11) Articles of dissolution, $25: $35.
  169         (k)(12) Articles of revocation of dissolution, $25: $35.
  170         (l)(13) Application for reinstatement following
  171  administrative dissolution,: $175.
  172         (m)(14) Application for certificate of authority to
  173  transact business in this state by a foreign corporation and
  174  initial registered agent designation, $70: $35.
  175         (n)(15) Application for amended certificate of authority,
  176  $25: $35.
  177         (o)(16) Application for certificate of withdrawal by a
  178  foreign corporation, $25: $35.
  179         (p)(17) Annual report,: $61.25.
  180         (q)(18) Articles of correction, $25: $35.
  181         (19) Application for certificate of status: $8.75.
  182         (20) Certified copy of document: $52.50.
  183         (21)Serving as agent for substitute service of process:
  184  $87.50.
  185         (r)(22) Certificate of conversion of a limited agricultural
  186  association to a domestic corporation, $25: $35.
  187         (s)(23) Any other document required or permitted to be
  188  filed by this chapter, $25: $35.
  189         (2) The department shall collect the following fees on
  190  documents furnished by the department:
  191         (a) Certified copy, $8.75.
  192         (b) Certificate of status, $8.75.
  193         (3) The department shall collect a fee of $8.75 to serve as
  194  an agent for substitute service of process.
  195         (4) A Any citizen support organization that is required by
  196  rule of the Department of Environmental Protection to be formed
  197  as a nonprofit organization and is under contract with the
  198  department is exempt from the any fees required for
  199  incorporation as a nonprofit organization, and the Secretary of
  200  State may not assess any such fees if the citizen support
  201  organization is certified by the Department of Environmental
  202  Protection to the Secretary of State as being under contract
  203  with the Department of Environmental Protection.
  204         Section 7. Present subsections (5) through (26) of section
  205  620.1102, Florida Statutes, are redesignated as subsections (6)
  206  through (27), respectively, and a new subsection (5) is added to
  207  that section, to read:
  208         620.1102 Definitions.—As used in this act:
  209         (5) “Department” means the Department of State.
  210         Section 8. Section 620.1109, Florida Statutes, is amended
  211  to read:
  212         620.1109 Fees of the department of State; fees.—
  213         (1) The department shall collect the following fees on
  214  documents delivered to the department for filing In addition to
  215  the supplemental corporate fee of $88.75 imposed pursuant to s.
  216  607.193, the fees of the Department of State under this act are
  217  as follows:
  218         (1) For furnishing a certified copy, $52.50 for the first
  219  15 pages plus $1.00 for each additional page.
  220         (a)(2)For filing an Original certificate of limited
  221  partnership and initial registered agent designation, $1,000
  222  $965.
  223         (b)(3)For filing an Original application for registration
  224  as a foreign limited partnership and initial registered agent
  225  designation, $1,000 $965.
  226         (c)(4)For filing Certificate of conversion, $25 $52.50.
  227         (d)(5)For filing Certificate of merger, $25 $52.50 for
  228  each party thereto.
  229         (e)(6)For filing a Reinstatement application, $500 for
  230  each calendar year or part thereof the limited partnership was
  231  administratively dissolved or foreign limited partnership was
  232  revoked in the records of the Department of State.
  233         (f)(7)For filing an Annual report, $125 $411.25.
  234         (g)(8)For filing a Certificate:
  235         (a) designating a registered agent, $25. $35;
  236         (h)(b)Certificate changing a registered agent or
  237  registered office address, $25. $35;
  238         (i)(c)Certificate resigning as a registered agent, $25.
  239  $87.50; or
  240         (j)(d)Certificate of amendment or restatement of the
  241  certificate of limited partnership, $25. $52.50;
  242         (k)(9)For filing a Statement of termination, $25 $52.50.
  243         (l)(10)For filing a Notice of cancellation for foreign
  244  limited partnership, $25 $52.50.
  245         (11)For furnishing a Certificate of status or
  246  authorization, $8.75.
  247         (m)(12)For filing a Certificate of dissolution, $25
  248  $52.50.
  249         (n)(13)For filing a Certificate of revocation of
  250  dissolution, $25 $52.50.
  251         (o)(14)For filing Any other domestic or foreign limited
  252  partnership document, $25 $52.50.
  253         (2) The department shall collect the following fees on
  254  documents furnished by the department:
  255         (a) Certified copy, $8.75.
  256         (b) Certificate of status or authorization, $8.75.
  257         Section 9. Present subsections (4) through (16) of section
  258  620.8101, Florida Statutes, are redesignated as subsections (5)
  259  through (17), respectively, and a new subsection (4) is added to
  260  that section, to read:
  261         620.8101 Definitions.—As used in this act, the term:
  262         (4) “Department” means the Department of State.
  263         Section 10. Section 620.81055, Florida Statutes, is amended
  264  to read:
  265         620.81055 Fees of the department for filing documents and
  266  issuing certificates; powers and authority of the department of
  267  State.—
  268         (1) The department of State shall collect the following
  269  fees on when documents authorized by this act are delivered to
  270  the department of State for filing:
  271         (a) Partnership registration statement,: $50.
  272         (b) Statement of partnership authority,: $25.
  273         (c) Statement of denial,: $25.
  274         (d) Statement of dissociation,: $25.
  275         (e) Statement of dissolution,: $25.
  276         (f) Statement of qualification,: $25.
  277         (g) Statement of foreign qualification,: $25.
  278         (h) Limited liability partnership annual report,: $25.
  279         (i) Certificate of merger, for each party thereto: $25.
  280         (j) Amendment to any statement or registration,: $25.
  281         (k) Cancellation of any statement or registration,: $25.
  282         (l) Certified copy of any recording or part thereof:
  283  $52.50.
  284         (m) Certificate of status: $8.75.
  285         (l)(n) Certificate of conversion,: $25.
  286         (m)(o) Any other document required or permitted to be filed
  287  by this act,: $25.
  288         (2) The department shall collect the following fees on
  289  documents furnished by the department:
  290         (a) Certified copy, $8.75.
  291         (b) Certificate of status, $8.75.
  292         (3)(2) The department of State has the power and authority
  293  reasonably necessary to enable it to administer this act
  294  efficiently, to perform the duties imposed upon it by this act,
  295  and to adopt rules pursuant to ss. 120.536(1) and 120.54 to
  296  implement the provisions of this act conferring duties upon it.
  297         Section 11. Paragraph (a) of subsection (4) of section
  298  339.12, Florida Statutes, is amended to read:
  299         339.12 Aid and contributions by governmental entities for
  300  department projects; federal aid.—
  301         (4)(a) Prior to accepting the contribution of road bond
  302  proceeds, time warrants, or cash for which reimbursement is
  303  sought, the department shall enter into agreements with the
  304  governing body of the governmental entity for the project or
  305  project phases in accordance with specifications agreed upon
  306  between the department and the governing body of the
  307  governmental entity. The department in no instance is to receive
  308  from such governmental entity an amount in excess of the actual
  309  cost of the project or project phase. By specific provision in
  310  the written agreement between the department and the governing
  311  body of the governmental entity, the department may agree to
  312  reimburse the governmental entity for the actual amount of the
  313  bond proceeds, time warrants, or cash used on a highway project
  314  or project phases that are not revenue producing and are
  315  contained in the department’s adopted work program, or any
  316  public transportation project contained in the adopted work
  317  program. Subject to appropriation of funds by the Legislature,
  318  the department may commit state funds for reimbursement of such
  319  projects or project phases. Reimbursement to the governmental
  320  entity for such a project or project phase must be made from
  321  funds appropriated by the Legislature, and reimbursement for the
  322  cost of the project or project phase is to begin in the year the
  323  project or project phase is scheduled in the work program as of
  324  the date of the agreement. Funds advanced pursuant to this
  325  section, which were originally designated for transportation
  326  purposes and so reimbursed to a county or municipality, shall be
  327  used by the county or municipality for any transportation
  328  expenditure authorized under s. 336.025(7). Also, cities and
  329  counties may receive funds from persons, and reimburse those
  330  persons, for the purposes of this section. Such persons may
  331  include, but are not limited to, those persons defined in s.
  332  607.01401(20) s. 607.01401(19).
  333         Section 12. Subsection (3) of section 605.0118, Florida
  334  Statutes, is amended to read:
  335         605.0118 Delivery of record.—
  336         (3) If a check is mailed to the department for payment of
  337  an annual report fee or the annual fee required under s.
  338  607.193, the check shall be deemed to have been received by the
  339  department as of the postmark date appearing on the envelope or
  340  package transmitting the check if the envelope or package is
  341  received by the department.
  342         Section 13. Paragraph (b) of subsection (1) and subsections
  343  (5) and (6) of section 607.0505, Florida Statutes, are amended
  344  to read:
  345         607.0505 Registered agent; duties.—
  346         (1)
  347         (b) Each such corporation, foreign corporation, or alien
  348  business organization which fails to have and continuously
  349  maintain a registered office and a registered agent as required
  350  in this section will be liable to this state for $500 for each
  351  year, or part of a year, during which the corporation, foreign
  352  corporation, or alien business organization fails to comply with
  353  these requirements; but such liability will be forgiven in full
  354  upon the compliance by the corporation, foreign corporation, or
  355  alien business organization with the requirements of this
  356  subsection, even if such compliance occurs after an action to
  357  collect such liability is instituted. The Department of Legal
  358  Affairs may file an action in the circuit court for the judicial
  359  circuit in which the corporation, foreign corporation, or alien
  360  business organization is found or transacts business, or in
  361  which real property belonging to the corporation, foreign
  362  corporation, or alien business organization is located, to
  363  petition the court for an order directing that a registered
  364  agent be appointed and that a registered office be designated,
  365  and to obtain judgment for the amount owed under this
  366  subsection. In connection with such proceeding, the Department
  367  of Legal Affairs may, without prior approval by the court, file
  368  a lis pendens against real property owned by the corporation,
  369  foreign corporation, or alien business organization, which lis
  370  pendens shall set forth the legal description of the real
  371  property and shall be filed in the public records of the county
  372  where the real property is located. If the lis pendens is filed
  373  in any county other than the county in which the action is
  374  pending, the lis pendens which is filed must be a certified copy
  375  of the original lis pendens. The failure to comply timely or
  376  fully with an order directing that a registered agent be
  377  appointed and that a registered office be designated will result
  378  in a civil penalty of not more than $1,000 for each day of
  379  noncompliance. A judgment or an order of payment entered
  380  pursuant to this subsection will become a judgment lien against
  381  any real property owned by the corporation, foreign corporation,
  382  or alien business organization when a certified copy of the
  383  judgment or order is recorded as required by s. 55.10. The
  384  Department of Legal Affairs will be able to avail itself of, and
  385  is entitled to use, any provision of law or of the Florida Rules
  386  of Civil Procedure to further the collecting or obtaining of
  387  payment pursuant to a judgment or order of payment. The state,
  388  through the Attorney General, may bid, at any judicial sale to
  389  enforce its judgment lien, any amount up to the amount of the
  390  judgment or lien obtained pursuant to this subsection. All
  391  moneys recovered under this subsection shall be treated as
  392  forfeitures under ss. 895.01-895.09 and used or distributed in
  393  accordance with the procedure set forth in s. 895.09. A
  394  corporation, foreign corporation, or alien business organization
  395  which fails to have and continuously maintain a registered
  396  office and a registered agent as required in this section may
  397  not defend itself against any action instituted by the
  398  Department of Legal Affairs or by any other agency of this state
  399  until the requirements of this subsection have been met.
  400         (5) If a corporation, foreign corporation, or alien
  401  business organization fails without lawful excuse to comply
  402  timely or fully with a subpoena issued pursuant to subsection
  403  (2), the Department of Legal Affairs may file an action in the
  404  circuit court for the judicial circuit in which the corporation,
  405  foreign corporation, or alien business organization is found or
  406  transacts business or in which real property belonging to the
  407  corporation, foreign corporation, or alien business organization
  408  is located, for an order compelling compliance with the
  409  subpoena. The failure without a lawful excuse to comply timely
  410  or fully with an order compelling compliance with the subpoena
  411  will result in a civil penalty of not more than $1,000 for each
  412  day of noncompliance with the order. In connection with such
  413  proceeding, the Department of Legal Affairs may, without prior
  414  approval by the court, file a lis pendens against real property
  415  owned by the corporation, foreign corporation, or alien business
  416  organization, which lis pendens shall set forth the legal
  417  description of the real property and shall be filed in the
  418  public records of the county where the real property is located.
  419  If the lis pendens is filed in any county other than the county
  420  in which the action is pending, the lis pendens which is filed
  421  must be a certified copy of the original lis pendens. A judgment
  422  or an order of payment entered pursuant to this subsection will
  423  become a judgment lien against any real property owned by the
  424  corporation, foreign corporation, or alien business organization
  425  when a certified copy of the judgment or order is recorded as
  426  required by s. 55.10. The Department of Legal Affairs will be
  427  able to avail itself of, and is entitled to use, any provision
  428  of law or of the Florida Rules of Civil Procedure to further the
  429  collecting or obtaining of payment pursuant to a judgment or
  430  order of payment. The state, through the Attorney General, may
  431  bid, at any judicial sale to enforce its judgment lien, an
  432  amount up to the amount of the judgment or lien obtained
  433  pursuant to this subsection. All moneys recovered under this
  434  subsection shall be treated as forfeitures under ss. 895.01
  435  895.09 and used or distributed in accordance with the procedure
  436  set forth in s. 895.09.
  437         (6) Information provided to, and records and transcriptions
  438  of testimony obtained by, the Department of Legal Affairs
  439  pursuant to this section are confidential and exempt from the
  440  provisions of s. 119.07(1) while the investigation is active.
  441  For purposes of this section, an investigation shall be
  442  considered “active” while such investigation is being conducted
  443  with a reasonable, good faith belief that it may lead to the
  444  filing of an administrative, civil, or criminal proceeding. An
  445  investigation does not cease to be active so long as the
  446  Department of Legal Affairs is proceeding with reasonable
  447  dispatch and there is a good faith belief that action may be
  448  initiated by the Department of Legal Affairs or other
  449  administrative or law enforcement agency. Except for active
  450  criminal intelligence or criminal investigative information, as
  451  defined in s. 119.011, and information which, if disclosed,
  452  would reveal a trade secret, as defined in s. 688.002, or would
  453  jeopardize the safety of an individual, all information,
  454  records, and transcriptions become public record when the
  455  investigation is completed or ceases to be active. The
  456  Department of Legal Affairs may shall not disclose confidential
  457  information, records, or transcriptions of testimony except
  458  pursuant to the authorization by the Attorney General in any of
  459  the following circumstances:
  460         (a) To a law enforcement agency participating in or
  461  conducting a civil investigation under chapter 895, or
  462  participating in or conducting a criminal investigation.
  463         (b) In the course of filing, participating in, or
  464  conducting a judicial proceeding instituted pursuant to this
  465  section or chapter 895.
  466         (c) In the course of filing, participating in, or
  467  conducting a judicial proceeding to enforce an order or judgment
  468  entered pursuant to this section or chapter 895.
  469         (d) In the course of a criminal or civil proceeding.
  470  
  471  A person or law enforcement agency which receives any
  472  information, record, or transcription of testimony that has been
  473  made confidential by this subsection shall maintain the
  474  confidentiality of such material and shall not disclose such
  475  information, record, or transcription of testimony except as
  476  provided for herein. Any person who willfully discloses any
  477  information, record, or transcription of testimony that has been
  478  made confidential by this subsection, except as provided for
  479  herein, is guilty of a misdemeanor of the first degree,
  480  punishable as provided in s. 775.082 or s. 775.083. If any
  481  information, record, or testimony obtained pursuant to
  482  subsection (2) is offered in evidence in any judicial
  483  proceeding, the court may, in its discretion, seal that portion
  484  of the record to further the policies of confidentiality set
  485  forth herein.
  486         Section 14. Subsection (12) of section 610.104, Florida
  487  Statutes, is amended to read:
  488         610.104 State authorization to provide cable or video
  489  service.—
  490         (12) Beginning 5 years after approval of the
  491  certificateholder’s initial certificate of franchise issued by
  492  the department, and every 5 years thereafter, the
  493  certificateholder shall update the information contained in the
  494  original application for a certificate of franchise. At the time
  495  of filing the information update, the certificateholder shall
  496  pay a processing fee of $1,000. Any certificateholder that fails
  497  to file the updated information and pay the processing fee on
  498  the 5-year anniversary dates shall be subject to cancellation of
  499  its state-issued certificate of franchise authority if, upon
  500  notice given to the certificateholder at its last address on
  501  file with the department, the certificateholder fails to file
  502  the updated information and pay the processing fee within 30
  503  days after the date notice was mailed. The application and
  504  processing fees imposed in this section shall be paid to the
  505  Department of State for deposit into the Clearing Funds Trust
  506  Fund for immediate transfer by the Chief Financial Officer to
  507  the General Inspection Trust Fund of the Department of
  508  Agriculture and Consumer Services. The Department of Agriculture
  509  and Consumer Services shall maintain a separate account within
  510  the General Inspection Trust Fund to distinguish cable franchise
  511  revenues from all other funds. The application, any amendments
  512  to the certificate, or information updates must be accompanied
  513  by a fee to the Department of State equal to that for filing
  514  articles of incorporation under s. 607.0122 pursuant to s.
  515  607.0122(1).
  516         Section 15. Section 631.0515, Florida Statutes, is amended
  517  to read:
  518         631.0515 Appointment of receiver; insurance holding
  519  company.—A delinquency proceeding pursuant to this chapter
  520  constitutes the sole and exclusive method of dissolving,
  521  liquidating, rehabilitating, reorganizing, conserving, or
  522  appointing a receiver of a Florida corporation which is not
  523  insolvent as defined by s. 607.01401(17) s. 607.01401(16); which
  524  through its shareholders, board of directors, or governing body
  525  is deadlocked in the management of its affairs; and which
  526  directly or indirectly owns all of the stock of a Florida
  527  domestic insurer. The department may petition for an order
  528  directing it to rehabilitate such corporation if the interests
  529  of policyholders or the public will be harmed as a result of the
  530  deadlock. The department shall use due diligence to resolve the
  531  deadlock. Whether or not the department petitions for an order,
  532  the circuit court does shall not have jurisdiction pursuant to
  533  s. 607.271, s. 607.274, or s. 607.277 to dissolve, liquidate, or
  534  appoint receivers with respect to, a Florida corporation that
  535  which directly or indirectly owns all of the stock of a Florida
  536  domestic insurer and that which is not insolvent as defined by
  537  s. 607.01401(17) s. 607.01401(16). However, a managing general
  538  agent or holding company with a controlling interest in a
  539  domestic insurer in this state is subject to jurisdiction of the
  540  court under the provisions of s. 631.025.
  541         Section 16. This act shall take effect January 1, 2015.