Florida Senate - 2026                                    SB 1324
       
       
        
       By Senator McClain
       
       
       
       
       
       9-01096-26                                            20261324__
    1                        A bill to be entitled                      
    2         An act relating to the principal offices of limited
    3         liability companies and corporations; amending ss.
    4         605.0102 and 607.01401, F.S.; revising the definition
    5         of the term “principal office”; amending ss. 605.0113
    6         and 607.0501, F.S.; conforming provisions to changes
    7         made by the act; reenacting ss. 605.0114(2) and
    8         605.0203(1)(b) and (e), F.S., relating to change of
    9         registered agent or registered office and the signing
   10         of records to be delivered for filing to the
   11         Department of State, respectively, to incorporate the
   12         amendment made to s. 605.0113, F.S., in references
   13         thereto; reenacting ss. 607.0202(1) and 607.0502(2),
   14         F.S., relating to the content of the articles of
   15         incorporation and the change of registered office or
   16         registered agent, respectively, to incorporate the
   17         amendment made to s. 607.0501, F.S., in references
   18         thereto; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (54) of section 605.0102, Florida
   23  Statutes, is amended to read:
   24         605.0102 Definitions.—As used in this chapter, the term:
   25         (54) “Principal office” means:
   26         (a) The principal executive office of a limited liability
   27  company or foreign limited liability company, regardless of
   28  whether the office is located in this state; or
   29         (b) The registered address of the registered agent filed
   30  with the department pursuant to s. 605.0113(2).
   31         Section 2. Subsection (57) of section 607.01401, Florida
   32  Statutes, is amended to read:
   33         607.01401 Definitions.—As used in this chapter, unless the
   34  context otherwise requires, the term:
   35         (57) “Principal office” means:
   36         (a) The office, whether inside (in or outside out of this
   37  state,) where the principal executive offices of a domestic or
   38  foreign corporation are located as designated in the articles of
   39  incorporation or other initial filing until an annual report has
   40  been filed, and thereafter as designated in the annual report;
   41  or
   42         (b) The registered office’s address filed with the
   43  department pursuant to s. 607.0501(3).
   44         Section 3. Subsection (2) of section 605.0113, Florida
   45  Statutes, is amended to read:
   46         605.0113 Registered agent.—
   47         (2) Each initial registered agent, and each successor
   48  registered agent that is appointed, shall file a statement in
   49  writing with the department, in the form and manner prescribed
   50  by the department, accepting the appointment as registered agent
   51  while simultaneously being designated as the registered agent.
   52  The statement of acceptance must provide the address of the
   53  registered office and that the registered agent is familiar with
   54  and accepts the obligations of that position.
   55         Section 4. Subsection (3) of section 607.0501, Florida
   56  Statutes, is amended to read:
   57         607.0501 Registered office and registered agent.—
   58         (3) Each initial registered agent, and each successor
   59  registered agent that is appointed, shall file a statement in
   60  writing with the department, in the form and manner prescribed
   61  by the department, accepting the appointment as registered agent
   62  while simultaneously being designated as the registered agent.
   63  The statement of acceptance must provide the address of the
   64  registered office and that the registered agent is familiar
   65  with, and accepts, the obligations of that position.
   66         Section 5. For the purpose of incorporating the amendment
   67  made by this act to section 605.0113, Florida Statutes, in a
   68  reference thereto, subsection (2) of section 605.0114, Florida
   69  Statutes, is reenacted to read:
   70         605.0114 Change of registered agent or registered office.—
   71         (2) If the registered agent is changed, the written
   72  acceptance of the successor registered agent described in s.
   73  605.0113(2) must also be included in or attached to the
   74  statement of change.
   75         Section 6. For the purpose of incorporating the amendment
   76  made by this act to section 605.0113, Florida Statutes, in
   77  references thereto, paragraphs (b) and (e) of subsection (1) of
   78  section 605.0203, Florida Statutes, are reenacted to read:
   79         605.0203 Signing of records to be delivered for filing to
   80  department.—
   81         (1) A record delivered to the department for filing
   82  pursuant to this chapter must be signed as follows:
   83         (b) A company’s initial articles of organization must be
   84  signed by at least one person acting as an authorized
   85  representative. The articles of organization must also include
   86  or have attached a statement signed by the company’s initial
   87  registered agent in the form described in s. 605.0113(2).
   88         (e) A record changing the registered agent must also
   89  include or be accompanied by a statement signed by the successor
   90  registered agent in the form described in s. 605.0113(2).
   91         Section 7. For the purpose of incorporating the amendment
   92  made by this act to section 607.0501, Florida Statutes, in a
   93  reference thereto, subsection (1) of section 607.0202, Florida
   94  Statutes, is reenacted to read:
   95         607.0202 Articles of incorporation; content.—
   96         (1) The articles of incorporation must set forth:
   97         (a) A corporate name for the corporation that satisfies the
   98  requirements of s. 607.0401;
   99         (b) The street address of the initial principal office and,
  100  if different, the mailing address of the corporation;
  101         (c) The number of shares the corporation is authorized to
  102  issue;
  103         (d) The street address of the corporation’s initial
  104  registered office and the name of its initial registered agent
  105  at that office together with a written acceptance as required in
  106  s. 607.0501(3); and
  107         (e) The name and address of each incorporator.
  108         Section 8. For the purpose of incorporating the amendment
  109  made by this act to section 607.0501, Florida Statutes, in a
  110  reference thereto, subsection (2) of section 607.0502, Florida
  111  Statutes, is reenacted to read:
  112         607.0502 Change of registered office or registered agent.—
  113         (2) If the registered agent is changed, the written
  114  acceptance of the successor registered agent described in s.
  115  607.0501(3) must also be included in or attached to the
  116  statement of change.
  117         Section 9. This act shall take effect July 1, 2026.