Florida Senate - 2009                             CS for SB 1780
       
       
       
       By the Committee on Transportation and Economic Development
       Appropriations; and Senator Fasano
       
       
       
       606-04026-09                                          20091780c1
    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         amending s. 120.55, F.S.; deleting a provision that
   10         requires the Department of State to provide the
   11         Florida Administrative Weekly to the Legislative
   12         Library each year; repealing ss. 265.2861, 265.2862,
   13         265.289, 265.608, 265.609, 265.702, and 265.708, F.S.,
   14         relating to the Cultural Institutions Program and
   15         Trust Fund, general support program for cultural
   16         institutions, audit information and admission fees for
   17         state theater contract organizations, science museums
   18         and grants, youth and children’s museum and grants,
   19         regional cultural facilities, and historical museum
   20         grants; amending s. 265.281, F.S.; renaming the
   21         “Florida Fine Arts Act of 1980” as the “Florida Arts
   22         and Culture Act”; amending s. 265.282, F.S.; revising
   23         legislative intent to include the promotion of
   24         activities involving arts and culture; providing
   25         support for museums and nonprofit organizations;
   26         amending s. 265.283, F.S.; revising and providing
   27         definitions; amending s. 265.284, F.S.; revising the
   28         duties and responsibilities of the Division of
   29         Cultural Affairs within the department to administer
   30         funds, sponsor events encouraging arts and cultural
   31         programs, and enter into certain contracts; requiring
   32         that the division adopt rules; amending s. 265.285,
   33         F.S.; renaming the “Florida Arts Council” as the
   34         “Florida Council on Arts and Culture”; requiring that
   35         the council meet at the request of the division;
   36         deleting provisions authorizing the Secretary of State
   37         to appoint review panels; revising the duties of the
   38         council; amending s. 265.286, F.S.; authorizing the
   39         Secretary of State to appoint review panels
   40         representing arts and cultural disciplines and
   41         programs to assist the council in the grant review
   42         process; providing membership; providing terms;
   43         providing duties and responsibilities; requiring that
   44         the council review grant application lists; requiring
   45         that the secretary review the council’s
   46         recommendations and submit approved lists to the
   47         Legislature by a specified date; establishing
   48         procedures for the awarding and funding of grants;
   49         authorizing the division to provide funding for
   50         certain programs and areas; requiring that the
   51         division adopt rules establishing eligibility
   52         criteria, grant programs, and the panel review
   53         process; requiring that the division award grants
   54         under certain circumstances; establishing eligibility
   55         requirements for grantees; limiting grant awards to
   56         one recipient per grant cycle; providing exceptions;
   57         providing a formula for the distribution of matching
   58         and nonmatching funds; providing for certain in-kind
   59         funds; deleting provisions relating to the division’s
   60         authority to expend appropriated funds for grants;
   61         deleting provisions establishing criteria for such
   62         grants; amending ss. 607.1420 and 607.1421, F.S.;
   63         revising provisions relating to the administrative
   64         dissolution of a corporation by the department to
   65         conform to changes made by the act; amending ss.
   66         607.1530 and 607.1531, F.S.; revising provisions
   67         relating to revocation of a certificate of authority
   68         to conform to changes made by the act; amending ss.
   69         608.448 and 608.4481, F.S.; revising provisions
   70         relating to administrative dissolution of a limited
   71         liability company to conform to changes made by the
   72         act; amending ss. 608.512 and 608.513, F.S.; revising
   73         provisions relating to the revocation of a certificate
   74         of authority of a foreign limited liability company to
   75         conform to changes made by the act; amending ss.
   76         617.1420, 617.1421, 617.1530, 617.1531, 620.1809,
   77         620.1906, and 620.9003, F.S.; conforming provisions to
   78         changes made by the act; amending s. 679.527, F.S.;
   79         deleting provisions relating to the department’s
   80         authority to determine and select certain respondents
   81         and to negotiate and enter into certain contracts;
   82         providing that a contract to perform administrative
   83         and operational functions for the Florida Secured
   84         Transaction Registry terminates on a specified date;
   85         requiring that the Department of State perform the
   86         administrative and operational functions of the filing
   87         officer or filing office for the registry after such
   88         termination; amending s. 865.09, F.S.; revising
   89         provisions relating to notice of the expiration of a
   90         fictitious name registration; requiring that the
   91         department serve such notice by electronic
   92         transmission if the owner or registrant of the
   93         fictitious name has provided an electronic mail
   94         address to the department; providing an effective
   95         date.
   96  
   97  Be It Enacted by the Legislature of the State of Florida:
   98  
   99         Section 1. Subsection (3) of section 15.16, Florida
  100  Statutes, is amended to read:
  101         15.16 Reproduction of records; admissibility in evidence;
  102  electronic receipt and transmission of records; certification;
  103  acknowledgment.—
  104         (3) The Department of State may cause to be received
  105  electronically any records that are required to be filed with it
  106  pursuant to chapter 55, chapter 117, chapter 118, chapter 495,
  107  chapter 606, chapter 607, chapter 608, chapter 610, chapter 617,
  108  chapter 620, chapter 621, chapter 679, chapter 713, or chapter
  109  865, through facsimile or other electronic transfers, for the
  110  purpose of filing such records. The originals of all such
  111  electronically transmitted records must be executed in the
  112  manner provided in paragraph (5)(b). The receipt of such
  113  electronic transfer constitutes delivery to the department as
  114  required by law. The department may use electronic transmissions
  115  for purposes of notice in the administration of chapters 55,
  116  117, 118, 495, 606, 607, 608, 610, 617, 620, 621, 679 and 713
  117  and s. 865.09. The Department of State may collect e-mail
  118  addresses for purposes of notice and communication in the
  119  performance of its duties and may require filers and registrants
  120  to furnish such e-mail addresses when presenting documents for
  121  filing.
  122         Section 2. Paragraph (a) of subsection (7) of section
  123  120.55, Florida Statutes, is amended to read:
  124         120.55 Publication.—
  125         (7)(a) Each year the Department of State shall furnish the
  126  Florida Administrative Weekly, without charge and upon request,
  127  as follows:
  128         1. One subscription to each federal and state court having
  129  jurisdiction over the residents of the state; the Legislative
  130  Library; each state university library; the State Library; each
  131  depository library designated pursuant to s. 257.05; and each
  132  standing committee of the Senate and House of Representatives
  133  and each state legislator.
  134         2. Two subscriptions to each state department.
  135         3. Three subscriptions to the library of the Supreme Court
  136  of Florida, the library of each state district court of appeal,
  137  the division, the library of the Attorney General, each law
  138  school library in Florida, the Secretary of the Senate, and the
  139  Clerk of the House of Representatives.
  140         4. Ten subscriptions to the committee.
  141         Section 3. Sections 265.2861, 265.2862, 265.289, 265.608,
  142  265.609, 265.702, and 265.708, Florida Statutes, are repealed.
  143         Section 4. Section 265.281, Florida Statutes, is amended to
  144  read:
  145         265.281 Florida Fine Arts and Culture Act; short title.
  146  Sections 265.281-265.709 265.281-265.286 shall be known and may
  147  be cited as the “Florida Fine Arts and Culture Act of 1980.”
  148         Section 5. Section 265.282, Florida Statutes, is amended to
  149  read:
  150         265.282 Legislative intent.—The Legislature recognizes the
  151  vast cultural resources available in Florida the state for the
  152  development, promotion, and enjoyment of arts and culture the
  153  fine arts. It is the intent of the Legislature by enactment of
  154  this legislation to provide for maximum efficiency in providing
  155  state support for, and to gain gaining national and
  156  international recognition of, the efforts, works, and
  157  performances of Florida artists, and art agencies, museums, and
  158  nonprofit organizations. Furthermore, it is the intent of the
  159  Legislature shall to foster and ensure, through the state arts
  160  administrative agency programs authorized in this act, that arts
  161  and culture have a significant and positive effect on Florida
  162  residents created hereunder, the development of a receptive
  163  climate for the fine arts; to enrich culturally and benefit the
  164  citizens of this state in their daily lives; to make Florida
  165  visits and vacations all the more appealing to the world; and to
  166  attract to Florida residency additional outstanding creators in
  167  the fields of fine arts through appropriate programs of
  168  publicity, education, coordination, grants, and activities, such
  169  as sponsorship of art lectures and exhibitions and central
  170  compilation and dissemination of information on the progress of
  171  the fine arts in Florida.
  172         Section 6. Section 265.283, Florida Statutes, is amended to
  173  read:
  174         265.283 Definitions relating to Florida Fine Arts Act of
  175  1980.—The following definitions shall apply to ss. 265.281
  176  265.709 265.281-265.286:
  177         (1) “Council” means the Florida Arts Council on Arts and
  178  Culture.
  179         (2) “Department” means the Department of State.
  180         (3) “Director” means the Director of the Division of
  181  Cultural Affairs of the Department of State.
  182         (4) “Division” means the Division of Cultural Affairs of
  183  the Department of State.
  184         (5) “Panel” means a grant review panel.
  185         (6) “Secretary” means the Secretary of State.
  186         (7) Arts and cultural disciplines” The arts means any
  187  and all artistic disciplines, which include, but are not limited
  188  to, music, dance, theatre drama, theater programs, creative
  189  writing, literature, architecture, painting, sculpture, folk
  190  arts, photography, crafts, and public media arts, visual arts,
  191  programs of museums, and the execution and exhibition of other
  192  such allied, major art forms.
  193         (8)“Local arts agency” means a public or private nonprofit
  194  organization located in Florida and operating on a permanent
  195  basis for the primary purpose of strengthening, supporting, and
  196  stabilizing the activities of one or more county art and
  197  cultural constituencies.
  198         (9)“Historical museum” means a department or agency of
  199  state or local government or a public or private nonprofit
  200  organization located in Florida and operating on a permanent
  201  basis for the primary purpose of sponsoring, producing, and
  202  exhibiting educational programs that are related to the
  203  historical resources of Florida.
  204         (10)“Science museum” means a public or private nonprofit
  205  organization located in Florida and operating on a permanent
  206  basis for the primary purpose of sponsoring, producing, and
  207  exhibiting programs for the observation and study of various
  208  types of natural science and science technology.
  209         (11)“Youth and children’s museum” means a public or
  210  private nonprofit organization located in Florida and operating
  211  on a permanent basis for the primary purpose of sponsoring,
  212  producing, and exhibiting multidisciplinary and participatory
  213  programs for visitors who are 6 months to 15 years old, and
  214  their families, teachers, and caregivers.
  215         (12)“State service organization” means a public or private
  216  nonprofit organization located in Florida operating on a
  217  permanent basis for the primary purpose of implementing programs
  218  that have cultural significance and that emphasize American
  219  creativity and the maintenance and encouragement of professional
  220  excellence.
  221         (13)“Arts in education grants” means grants used to
  222  cultivate the learning and artistic development of all students
  223  and teachers by promoting, encouraging, and supporting arts and
  224  culture as an integral part of education and lifelong learning
  225  for residents and visitors.
  226         (14)“Cultural support grants” means grants that provide
  227  support for general programs and specific cultural projects.
  228         (15)“State touring program grants” means grants used to
  229  provide performances, activities, and exhibitions by Florida
  230  artists to communities.
  231         (16)“Underserved arts community assistance program grants”
  232  means grants used by qualified organizations under the Rural
  233  Economic Development Initiative, pursuant to ss. 288.0656 and
  234  288.06561, for the purpose of economic and organizational
  235  development for underserved cultural organizations.
  236         (17)“Culture Builds Florida grants” means grants used for
  237  the purpose of connecting the arts to key areas of the
  238  division’s long-term strategic plan.
  239         Section 7. Section 265.284, Florida Statutes, is amended to
  240  read:
  241         265.284 Chief cultural officer; director of division;
  242  powers and duties.—
  243         (1) The Secretary of State is the chief cultural officer of
  244  the state, and the Division of Cultural Affairs is designated as
  245  the state arts administrative agency.
  246         (2) The division is the state arts administrative agency
  247  and Division of Cultural Affairs of the Department of State
  248  shall be headed by a director who shall serve at the pleasure of
  249  the secretary of State.
  250         (3) The division of Cultural Affairs shall directly
  251  administer and oversee have direct administrative authority and
  252  responsibility for all of the programs authorized by this act.
  253  In furtherance thereof, the division shall have the authority
  254  to:
  255         (a) Accept and administer state and federal funds
  256  appropriated by the Legislature or funds received from other
  257  public or private sources provided for the fine arts, the
  258  grants, and any program authorized by this act.
  259         (b)Advance funds for grants on a quarterly basis.
  260         (c)(b)Subject to the approval of the Secretary of State,
  261  Enter into agreements for awarding grants or other such
  262  contracts with any person, firm, performing arts company,
  263  educational institution, arts organization, corporation, or
  264  governmental agency as may be necessary or advisable to carry
  265  out its functions under this act.
  266         (c)Seek, and help assure, a uniformity of artwork within
  267  state buildings and review all art content of existing public
  268  buildings or buildings of state ownership for the purpose of
  269  making recommendations to the Department of Management Services
  270  as to matters of installation, relocation, restoration, removal,
  271  or any other disposition of such works of art.
  272         (d) Upon On request, or at its own initiative, consult with
  273  and advise other individuals, groups, organizations, or state
  274  agencies and officials, particularly the Governor and the
  275  Cabinet, concerning the acquisition by gift or purchase of fine
  276  art works, the appropriate use and display of state-owned art
  277  treasures for maximum public benefit, and the suitability of any
  278  structures or fixtures, including framing, primarily intended
  279  for ornamental or decorative purposes in the interior of public
  280  buildings.
  281         (e) Accept on behalf of the state donations of money,
  282  property, art objects, and antiquities. Such donations of money
  283  and any cash income which may be received by the division or
  284  which were previously received by the Florida Fine Arts Council
  285  from the disposal of any donations of property, art objects, or
  286  antiquities which shall be deposited into the Florida Fine Arts
  287  a separate Trust Fund and are hereby appropriated for to the use
  288  by of the division for the purposes authorized in of this act.
  289         (f)Sponsor performances and exhibits; promote and
  290  encourage the study and appreciation of arts and culture; and
  291  collect, publish, and print pamphlets, papers, newsletters, and
  292  other materials related to arts and cultural programs available
  293  throughout the state.
  294         (g)Conduct and support cultural programs and cultural
  295  exchanges by coordinating with the appropriate state agencies
  296  and other organizations.
  297         (h)Accept funding and other forms of support for the
  298  purposes in this act.
  299         (i)Notwithstanding s. 287.022 or s. 287.025(1)(e), enter
  300  into contracts to insure museum collections, artifacts, relics,
  301  and fine arts to which it holds title or which are on loan to
  302  the division.
  303         (j)Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  304  implement this subsection.
  305         (4) There is created the Florida Fine Arts Trust Fund to be
  306  administered by the department which of State for the purposes
  307  set forth by law. The Florida Fine Arts Trust Fund shall consist
  308  of moneys appropriated by the Legislature or and moneys
  309  contributed to the fund from any other source.
  310         (5)The division is further authorized to:
  311         (a)Accept and administer moneys appropriated by the
  312  Legislature, and moneys received from the Federal Government or
  313  from other public or private sources, for the development of
  314  nationally recognized Florida performing arts groups through a
  315  state touring program. The division shall develop and establish
  316  a selection procedure which will ensure maximum opportunity for
  317  selection of and participation by Florida performing arts groups
  318  in the state touring program.
  319         (b)Sponsor performances and exhibits; promote and
  320  encourage the study and appreciation of fine arts; and collect,
  321  publish, and print pamphlets, papers, newsletters, and other
  322  materials relating to fine arts programs available throughout
  323  the state.
  324         (c)Conduct and support cultural programs and cultural
  325  exchanges in conjunction with the appropriate state agencies,
  326  including the acceptance of funding, technical assistance, and
  327  other forms of support for such purposes.
  328         (d)Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  329  implement provisions of law conferring duties on it.
  330         (6)Notwithstanding any provision of s. 287.022 or s.
  331  287.025(1)(e), the division may enter into contracts to insure
  332  museum collections, artifacts, relics, and fine arts to which it
  333  holds title.
  334         Section 8. Section 265.285, Florida Statutes, is amended to
  335  read:
  336         265.285 Florida Arts Council on Arts and Culture;
  337  membership, duties.—
  338         (1)(a) The Florida Arts Council on Arts and Culture is
  339  created within in the department as an advisory body, as defined
  340  in s. 20.03(7), consisting to consist of 15 members. Seven
  341  members shall be appointed by the Governor, four members shall
  342  be appointed by the President of the Senate, and four members
  343  shall be appointed by the Speaker of the House of
  344  Representatives. The appointments, to be made in consultation
  345  with the Secretary of State, shall recognize the need for
  346  geographical representation. Council members appointed by the
  347  Governor shall be appointed for 4-year terms beginning on
  348  January 1 of the year of appointment. Council members appointed
  349  by the President of the Senate and the Speaker of the House of
  350  Representatives shall be appointed for 2-year terms beginning on
  351  January 1 of the year of appointment. A member of the council
  352  who serves two 4-year terms or two 2-year terms is not eligible
  353  for reappointment for 1 year following the expiration of the
  354  member’s second term. A member whose term has expired shall
  355  continue to serve on the council until such time as a
  356  replacement is appointed. Any vacancy on the council shall be
  357  filled for the remainder of the unexpired term in the same
  358  manner as for the original appointment. Members should have a
  359  substantial history of community service in the performing or
  360  visual arts, which includes, but is not limited to, theatre,
  361  dance, folk arts, music, architecture, photography, and
  362  literature, and media arts, or in the areas of science, history,
  363  or children. In addition, it is desirable that members have
  364  successfully served on boards of cultural institutions such as
  365  museums and performing arts centers or are recognized as patrons
  366  of the arts.
  367         (b) The members shall elect a chair from their number
  368  annually. The council shall meet at the call of its chair, at
  369  the request of the division department, or at such times as may
  370  be prescribed by its rules. A majority of the members of the
  371  council constitutes a quorum, and a meeting may not be held with
  372  less than a quorum present. The affirmative vote of a majority
  373  of the members of the council present is necessary for any
  374  official action by the council.
  375         (c)The Secretary of State may appoint review panels
  376  representing various artistic disciplines to assist the Florida
  377  Arts Council in the grant review process. Review panel members
  378  shall serve for 1-year terms. Each panel shall include
  379  practicing artists or other persons actively involved in the
  380  specific discipline for which the panel is to review grants. The
  381  panels shall review grant applications and make recommendations
  382  to the council concerning the relative merits of the applicants.
  383  The division shall, by rule, establish criteria for reviewing
  384  grant applications to ensure compliance with applicable federal
  385  and state laws relating to discrimination and conflicts of
  386  interest.
  387         (d)The council and panels shall provide a forum for public
  388  comment prior to voting on any art grant application.
  389         (c)(e) Members of the council and panels may shall not
  390  receive any compensation for their services but shall be
  391  reimbursed for travel and expenses incurred in the performance
  392  of their duties, as provided in s. 112.061.
  393         (d)(f) If a member of the council is absent from two
  394  consecutive meetings or any two regularly scheduled meetings in
  395  any calendar year, the council member’s appointment shall be
  396  terminated unless the original appointing authority determines
  397  that extenuating circumstances exist.
  398         (e)(g) The original appointing authority may remove any of
  399  his or her appointees from the council for misconduct or
  400  malfeasance in office, neglect of duty, incompetence, or
  401  permanent inability to perform official duties or if there has
  402  been an adjudication that the member is guilty of a felony.
  403         (2) The duties of the council shall be to:
  404         (a)Advocate for arts and culture by encouraging the study
  405  and presentation of arts and cultural activities that are of
  406  public interest and encourage participation in such activities
  407  throughout the state.
  408         (b)(a) Advise the secretary of State in all matters
  409  pertaining to arts and cultural art, specifically with respect
  410  to any programs and grants administered operated by the division
  411  department as authorized hereunder.
  412         (b)Stimulate and encourage throughout the state the study
  413  and presentation of the arts and public interest and
  414  participation therein.
  415         (c)Make such surveys as may be advisable of public and
  416  private institutions which are engaged within the state in
  417  artistic and cultural activities.
  418         (c)(d) Encourage the participation in and appreciation of
  419  the arts and culture to meet the needs and aspirations of
  420  persons in all parts of the state.
  421         (d)(e) Encourage public interest in the state’s cultural
  422  heritage of this state and expand its the cultural resources of
  423  the state.
  424         (e)(f) Encourage and assist freedom of artistic expression
  425  that is essential for the well-being of the arts.
  426         (f)(g) Advise the secretary of State in all matters
  427  concerning the awarding of grants for the arts and culture as
  428  authorized in under this act.
  429         (h)Promote the enhancement and beautification of the
  430  interiors of the Capitol Building and other public buildings and
  431  advise appropriate state officers, state agencies, and the
  432  Department of Management Services in this regard.
  433         (g)(i) Review applications for grants for the acquisition,
  434  renovation, or construction of cultural facilities and recommend
  435  a priority for the receipt of such grants, as provided in s.
  436  265.701.
  437         Section 9. Section 265.286, Florida Statutes, is amended to
  438  read:
  439         (Substantial rewording of section. See
  440         s. 265.286, F.S., for present text.)
  441         265.286Art and cultural grants.—
  442         (1)The secretary may appoint review panels consisting of
  443  members from various art and cultural disciplines and programs
  444  to assist the council in the grant review process. Each panel
  445  member shall be appointed to a 1-year term. Each panel shall
  446  consist of practicing artists or other professionals actively
  447  involved in the specific discipline or program for which the
  448  panel has been appointed. Each panel shall review and score
  449  grant applications and recommend to the council the applicants
  450  to which grants should be awarded. The panels shall submit lists
  451  of eligible applicants by score. The division shall adopt rules
  452  establishing a formula for such scoring.
  453         (2)The council and each panel shall provide a forum for
  454  public comment before voting on any grant application.
  455         (3)After the council reviews the lists of eligible
  456  applicants submitted by each review panel, it shall develop two
  457  lists, one of which must consist of eligible applicants for
  458  general program support funding and one of which must consist of
  459  eligible applicants for specific cultural project funding, and
  460  submit the lists to the secretary. The secretary shall review
  461  the council’s recommendations and, beginning July 1, 2010,
  462  include the lists of approved applicants in the department’s
  463  legislative budget request submitted to the Legislature.
  464         (4)Project grants shall be funded from the secretary’s
  465  approved list by score until all appropriated funds are
  466  depleted. If specific project grant funds are returned to the
  467  division, it shall award such funds to the next grant applicant
  468  on the secretary’s list of approved applicants. General program
  469  support grants shall be awarded to applicants on the secretary’s
  470  list in amounts determined by rule.
  471         (5)The division shall fund:
  472         (a)Grants for general program support for science museums,
  473  youth and children’s museums, historical museums, local arts
  474  agencies, state service organizations, and organizations that
  475  have cultural program activities in any of the art and cultural
  476  disciplines defined in s. 265.283(7).
  477         (b)Grants for specific cultural projects for arts in
  478  education, museums, Culture Builds Florida, or nonprofit public
  479  or private organizations having cultural project activity in any
  480  of the art and cultural disciplines.
  481         (c)Grants for a touring program that has a selection
  482  procedure that ensures the maximum opportunity for Florida
  483  artists and cultural groups.
  484         (d)An individual artist fellowship program. The division
  485  shall establish a selection procedure that identifies individual
  486  artists of exceptional talent and demonstrated ability and
  487  distribute grant appropriations as provided by rule.
  488         (e)Other programs consistent with the purpose of this act.
  489         (6)The division shall adopt rules establishing:
  490         (a)Eligibility criteria for the award of grants, which may
  491  include, but need not be limited to, application requirements,
  492  program quality, artistic quality, creativity, potential public
  493  exposure and benefit, the ability to properly administer grant
  494  funds, professional excellence, fiscal stability, state or
  495  regional impact, matching requirements, and other requirements
  496  to further the purposes of this act.
  497         (b)Particular grant programs, categories of grants, and
  498  procedures necessary for the prudent administration of the grant
  499  programs.
  500         (c)The panel review process, including, but not limited
  501  to, criteria for reviewing grant applications to ensure
  502  compliance with applicable federal and state law, including
  503  those related to discrimination and conflicts of interest. The
  504  division may not award any new grant that will, in whole or in
  505  part, inure to the personal benefit of any council or review
  506  panel member during the member’s term of office if the council
  507  or panel member participated in the vote of the council or panel
  508  recommending the award. This paragraph does not prohibit the
  509  division from awarding a grant to an entity with which a council
  510  or panel member is associated.
  511         (7)The division shall award grants:
  512         (a)To supplement the financial support of artistic and
  513  cultural activities and programs that, without the assistance,
  514  may otherwise be unavailable to Florida residents.
  515         (b)To activities and programs that have substantial
  516  artistic and cultural significance and emphasize creativity and
  517  professional excellence.
  518         (c)To activities and programs that meet the professional
  519  standards or standards of authenticity of significant merit,
  520  regardless of origin.
  521         (d)For other reasons consistent with this act.
  522         (8)Eligible grantees must:
  523         (a)Be a nonprofit, tax-exempt Florida corporation; or
  524         (b)A local or state governmental entity, school district,
  525  community college, college, university, agency of state
  526  government, or artist engaged in or concerned with arts and
  527  cultural activities.
  528         (9)In order to equitably distribute limited state funding,
  529  applicants may apply for and be awarded only one grant per
  530  annual grant cycle, except for cultural facilities, a cultural
  531  endowment, or touring program grants and individual artist
  532  fellowships.
  533         (10)Of the total amount of grant funds available from all
  534  sources for grants, except cultural facilities and cultural
  535  endowments, 70 percent shall be awarded on at least a dollar-to
  536  dollar matching basis. Up to 50 percent of the grantee’s match
  537  may consist of in-kind funds. Up to 30 percent of all grant
  538  funds may be awarded on a nonmatching basis, including
  539  individual fellowships.
  540         (11)The division shall adopt rules to administer and
  541  implement this section.
  542         Section 10. Subsection (1) of section 607.1420, Florida
  543  Statutes, is amended to read:
  544         607.1420 Grounds for administrative dissolution.—
  545         (1) The Department of State may commence a proceeding under
  546  s. 607.1421 to administratively dissolve a corporation if:
  547         (a) The corporation has failed to file its annual report
  548  and or pay the annual report filing fee by 5 p.m. Eastern
  549  Standard Time on the third Friday in September within the time
  550  required by this act;
  551         (b) The corporation is without a registered agent or
  552  registered office in this state for 30 days or more;
  553         (c) The corporation does not notify the Department of State
  554  within 30 days that its registered agent or registered office
  555  has been changed, that its registered agent has resigned, or
  556  that its registered office has been discontinued;
  557         (d) The corporation has failed to answer truthfully and
  558  fully, within the time prescribed by this act, interrogatories
  559  propounded by the Department of State; or
  560         (e) The corporation’s period of duration stated in its
  561  articles of incorporation has expired.
  562         Section 11. Subsections (1) and (2) of section 607.1421,
  563  Florida Statutes, are amended to read:
  564         607.1421 Procedure for and effect of administrative
  565  dissolution.—
  566         (1) If the Department of State determines that one or more
  567  grounds exist under s. 607.1420 for dissolving a corporation, it
  568  shall serve the corporation with written notice of its intention
  569  to administratively dissolve the corporation determination under
  570  s. 607.0504(2), stating the grounds therefor. If the corporation
  571  has provided the department with an electronic mail address,
  572  such notice shall be by electronic transmission. Administrative
  573  dissolution for failure to file an annual report shall occur on
  574  the fourth Friday in September of each year. The Department of
  575  State shall issue a certificate of dissolution to each dissolved
  576  corporation. Issuance of the certificate of dissolution may be
  577  by electronic transmission to any corporation that has provided
  578  the department with an electronic mail address.
  579         (2) If the corporation does not correct each ground for
  580  dissolution under s. 607.1420(1)(b), (c), (d), or (e) or
  581  demonstrate to the reasonable satisfaction of the Department of
  582  State that each ground determined by the department does not
  583  exist within 60 days of issuance of the notice, the department
  584  shall administratively dissolve the corporation by issuing a
  585  certificate of dissolution that recites the ground or grounds
  586  for dissolution and its effective date. Issuance of the
  587  certificate of dissolution may be by electronic transmission to
  588  any corporation that has provided the department with an
  589  electronic mail address.
  590         Section 12. Subsection (1) of section 607.1530, Florida
  591  Statutes, is amended to read:
  592         607.1530 Grounds for revocation of authority to transact
  593  business.—The Department of State may commence a proceeding
  594  under s. 607.1531 to revoke the certificate of authority of a
  595  foreign corporation authorized to transact business in this
  596  state if:
  597         (1) The foreign corporation has failed to file its annual
  598  report with the Department of State by 5 p.m. Eastern Standard
  599  Time on the third Friday in September within the time required
  600  by this act.
  601         Section 13. Subsections (1) and (2) of section 607.1531,
  602  Florida Statutes, are amended to read:
  603         607.1531 Procedure for and effect of revocation.—
  604         (1) If the Department of State determines that one or more
  605  grounds exist under s. 607.1530 for revocation of a certificate
  606  of authority, the Department of State shall serve the foreign
  607  corporation with written notice of its intent to revoke the
  608  foreign corporation’s certificate of authority such
  609  determination under s. 607.15101. If the foreign corporation has
  610  provided the department with an electronic mail address, such
  611  notice shall be by electronic transmission. Revocation for
  612  failure to file an annual report shall occur on the fourth
  613  Friday in September of each year. The department shall issue a
  614  certificate of revocation to each revoked corporation. Issuance
  615  of the certificate of revocation may be by electronic
  616  transmission to any corporation that has provided the department
  617  with an electronic mail address.
  618         (2) If the foreign corporation does not correct each ground
  619  for revocation under s. 607.1530(2)-(7) or demonstrate to the
  620  reasonable satisfaction of the Department of State that each
  621  ground determined by the Department of State does not exist
  622  within 60 days after issuance of notice is perfected under s.
  623  607.15101, the Department of State shall revoke the foreign
  624  corporation’s certificate of authority by issuing signing a
  625  certificate of revocation that recites the ground or grounds for
  626  revocation and its effective date. Issuance of the certificate
  627  of revocation may be by electronic transmission to any foreign
  628  corporation that has provided the department with an electronic
  629  mail address.
  630         Section 14. Paragraph (a) of subsection (1) of section
  631  608.448, Florida Statutes, is amended to read:
  632         608.448 Grounds for administrative dissolution.—
  633         (1) The Department of State may commence a proceeding under
  634  s. 608.4481 to administratively dissolve a limited liability
  635  company if:
  636         (a) The limited liability company has failed to file its
  637  annual report and or pay the annual report filing fee by 5 p.m.
  638  Eastern Standard Time on the third Friday in September within
  639  the time required by this chapter.
  640         Section 15. Subsections (1) and (2) of section 608.4481,
  641  Florida Statutes, are amended to read:
  642         608.4481 Procedure for and effect of administrative
  643  dissolution.—
  644         (1) If the Department of State determines that one or more
  645  grounds exist under s. 608.448 for dissolving a limited
  646  liability company, it shall serve the limited liability company
  647  with written notice of its intent to administratively dissolve
  648  the limited liability company determination, stating the grounds
  649  therefor. If the limited liability company has provided the
  650  department with an electronic mail address, such notice shall be
  651  by electronic transmission. Administrative dissolution for
  652  failure to file an annual report shall occur on the fourth
  653  Friday in September of each year. The Department of State shall
  654  issue a certificate of dissolution to each dissolved limited
  655  liability company. Issuance of the certificate of dissolution
  656  may be by electronic transmission to any limited liability
  657  company that has provided the department with an electronic mail
  658  address.
  659         (2) If the limited liability company does not correct each
  660  ground for dissolution under s. 608.448(1)(b), (c), (d), or (e)
  661  or demonstrate to the reasonable satisfaction of the Department
  662  of State that each ground determined by the Department of State
  663  does not exist within 60 days after issuance of the notice, the
  664  Department of State shall administratively dissolve the limited
  665  liability company by issuing a certificate of dissolution that
  666  recites the ground or grounds for dissolution and its effective
  667  date. Issuance of the certificate of dissolution may be by
  668  electronic transmission to any limited liability company that
  669  has provided the department with an electronic mail address.
  670         Section 16. Subsection (1) of section 608.512, Florida
  671  Statutes, is amended to read:
  672         608.512 Grounds for revocation of authority to transact
  673  business.—The Department of State may commence a proceeding
  674  under s. 608.513 to revoke the certificate of authority of a
  675  foreign limited liability company authorized to transact
  676  business in this state if:
  677         (1) The foreign limited liability company has failed to
  678  file its annual report with the Department of State by 5 p.m.
  679  Eastern Standard Time on the third Friday in September within
  680  the time required by this chapter.
  681         Section 17. Subsections (1) and (2) of section 608.513,
  682  Florida Statutes, are amended to read:
  683         608.513 Procedure for and effect of revocation.—
  684         (1) If the Department of State determines that one or more
  685  grounds exist under s. 608.512 for revocation of a certificate
  686  of authority, the Department of State shall serve the foreign
  687  limited liability company with written notice of its intent to
  688  revoke the foreign limited liability company’s certificate of
  689  authority such determination under s. 608.5101. If the foreign
  690  limited liability company has provided the department with an
  691  electronic mail address, such notice shall be by electronic
  692  transmission. Revocation for failure to file an annual report
  693  shall occur on the fourth Friday in September of each year. The
  694  Department of State shall issue a certificate of revocation to
  695  each revoked foreign limited liability company. Issuance of the
  696  certificate of revocation may be by electronic transmission to
  697  any foreign limited liability company that has provided the
  698  department with an electronic mail address.
  699         (2) If the foreign limited liability company does not
  700  correct each ground for revocation under s. 608.512(2)-(9) or
  701  demonstrate to the reasonable satisfaction of the Department of
  702  State that each ground determined by the Department of State
  703  does not exist within 60 days after issuance of notice is
  704  perfected under s. 608.5101, the Department of State shall
  705  revoke the foreign limited liability company’s certificate of
  706  authority by issuing signing a certificate of revocation that
  707  recites the ground or grounds for revocation and its effective
  708  date. Issuance of the certificate of revocation may be by
  709  electronic transmission to any foreign limited liability company
  710  that has provided the department with an electronic mail
  711  address.
  712         Section 18. Subsection (1) of section 617.1420, Florida
  713  Statutes, is amended to read:
  714         617.1420 Grounds for administrative dissolution.—
  715         (1) The Department of State may commence a proceeding under
  716  s. 617.1421 to administratively dissolve a corporation if:
  717         (a) The corporation has failed to file its annual report
  718  and or pay the annual report filing fee by 5 p.m. Eastern
  719  Standard Time on the third Friday in September within the time
  720  required by this act;
  721         (b) The corporation is without a registered agent or
  722  registered office in this state for 30 days or more;
  723         (c) The corporation does not notify the Department of State
  724  within 30 days after its registered agent or registered office
  725  has been changed, after its registered agent has resigned, or
  726  after its registered office has been discontinued;
  727         (d) The corporation has failed to answer truthfully and
  728  fully, within the time prescribed by this act, interrogatories
  729  propounded by the Department of State; or
  730         (e) The corporation’s period of duration stated in its
  731  articles of incorporation has expired.
  732         Section 19. Subsections (1) and (2) of section 617.1421,
  733  Florida Statutes, are amended to read:
  734         617.1421 Procedure for and effect of administrative
  735  dissolution.—
  736         (1) If the Department of State determines that one or more
  737  grounds exist under s. 617.1420 for administratively dissolving
  738  a corporation, it shall serve the corporation with written
  739  notice of its intent determination under s. 617.0504(2) to
  740  administratively dissolve the corporation, stating the grounds
  741  therefor. If the corporation has provided the department with an
  742  electronic mail address, such notice shall be by electronic
  743  transmission. Administrative dissolution for failure to file an
  744  annual report shall occur on the fourth Friday in September of
  745  each year. The Department of State shall issue a certificate of
  746  dissolution to each dissolved corporation. Issuance of the
  747  certificate of dissolution may be by electronic transmission to
  748  any corporation that has provided the department with an
  749  electronic mail address.
  750         (2) If the corporation does not correct each ground for
  751  dissolution under s. 617.1420(1)(b), (c), (d), or (e) or
  752  demonstrate to the reasonable satisfaction of the Department of
  753  State that each ground determined by the department does not
  754  exist within 60 days after issuance of the notice, the
  755  department shall administratively dissolve the corporation by
  756  issuing a certificate of dissolution that recites the ground or
  757  grounds for dissolution and its effective date. Issuance of the
  758  certificate of dissolution may be by electronic transmission to
  759  any corporation that has provided the department with an
  760  electronic mail address.
  761         Section 20. Subsection (1) of section 617.1530, Florida
  762  Statutes, is amended to read:
  763         617.1530 Grounds for revocation of authority to conduct
  764  affairs.—The Department of State may commence a proceeding under
  765  s. 617.1531 to revoke the certificate of authority of a foreign
  766  corporation authorized to conduct its affairs in this state if:
  767         (1) The foreign corporation has failed to file its annual
  768  report with the Department of State by 5 p.m. Eastern Standard
  769  Time on the third Friday in September within the time required
  770  by this act.
  771         Section 21. Subsections (1) and (2) of section 617.1531,
  772  Florida Statutes, are amended to read:
  773         617.1531 Procedure for and effect of revocation.—
  774         (1) If the Department of State determines that one or more
  775  grounds exist under s. 617.1530 for revocation of a certificate
  776  of authority, the Department of State shall serve the foreign
  777  corporation with written notice of its intent to revoke the
  778  foreign corporation’s certificate of authority such
  779  determination under s. 617.1510. If the foreign corporation has
  780  provided the department with an electronic mail address, such
  781  notice shall be by electronic transmission. Revocation for
  782  failure to file an annual report shall occur on the fourth
  783  Friday in September of each year. The Department of State shall
  784  issue a certificate of revocation to each revoked corporation.
  785  Issuance of the certificate of revocation may be by electronic
  786  transmission to any foreign corporation that has provided the
  787  department with an electronic mail address.
  788         (2) If the foreign corporation does not correct each ground
  789  for revocation under s. 617.1530(2)-(7) or demonstrate to the
  790  reasonable satisfaction of the Department of State that each
  791  ground determined by the Department of State does not exist
  792  within 60 days after issuance of notice is perfected under s.
  793  617.1510, the Department of State shall revoke the foreign
  794  corporation’s certificate of authority by signing a certificate
  795  of revocation that recites the ground or grounds for revocation
  796  and its effective date. Issuance of the certificate of
  797  revocation may be by electronic transmission to any foreign
  798  corporation that has provided the department with an electronic
  799  mail address.
  800         Section 22. Subsections (1), (2), and (3) of section
  801  620.1809, Florida Statutes, are amended to read:
  802         620.1809 Administrative dissolution.—
  803         (1) The Department of State may dissolve a limited
  804  partnership administratively if the limited partnership does
  805  not, within 60 days after the due date:
  806         (a) Pay any fee or penalty due to the Department of State
  807  under this act or other law;
  808         (b) Deliver its annual report to the Department of State by
  809  5 p.m. Eastern Standard Time on the third Friday in September;
  810         (c) Appoint and maintain a registered agent as required by
  811  s. 620.1114; or
  812         (d) Deliver for filing a statement of a change under s.
  813  620.1115 within 30 days after a change has occurred in the name
  814  of the registered agent or the registered office address.
  815         (2) If the Department of State determines that a ground
  816  exists for administratively dissolving a limited partnership,
  817  the Department of State shall serve notice on the limited
  818  partnership of its intent to administratively dissolve the
  819  limited partnership file a record of the determination and send
  820  a copy to the limited partnership. If the limited partnership
  821  has provided the department with an electronic mail address,
  822  such notice shall be by electronic transmission. Administrative
  823  dissolution for failure to file an annual report shall occur on
  824  the fourth Friday in September of each year. The Department of
  825  State shall issue a certificate of dissolution to each dissolved
  826  limited partnership. Issuance of the certificate of dissolution
  827  may be by electronic transmission to any limited partnership
  828  that has provided the department with an electronic mail
  829  address.
  830         (3) If within 60 days after sending notice of dissolution,
  831  the copy the limited partnership does not correct each ground
  832  for dissolution under s. 620.1809(1)(a), (c), or (d) or
  833  demonstrate to the reasonable satisfaction of the Department of
  834  State that each ground determined by the Department of State
  835  does not exist, the Department of State shall administratively
  836  dissolve the limited partnership and issue a certificate by
  837  preparing, signing, and filing a declaration of dissolution that
  838  states the grounds for dissolution. Issuance of the certificate
  839  of dissolution may be by electronic transmission to any limited
  840  partnership that has provided the department with an electronic
  841  mail address. The Department of State shall send the limited
  842  partnership a copy of the filed declaration.
  843         Section 23. Section 620.1906, Florida Statutes, is amended
  844  to read:
  845         620.1906 Revocation of certificate of authority.—
  846         (1) A certificate of authority of a foreign limited
  847  partnership to transact business in this state may be revoked by
  848  the Department of State in the manner provided in subsections
  849  (2) and (3) if the foreign limited partnership does not:
  850         (a) Pay, within 60 days after the due date, any fee or
  851  penalty due to the Department of State under this act or other
  852  law;
  853         (b) Deliver, within 60 days after the due date, its annual
  854  report to the Department of State by 5 p.m. Eastern Standard
  855  Time on the third Friday in September required under s.
  856  620.1210;
  857         (c) Appoint and maintain an agent for service of process as
  858  required by s. 620.1114(2); or
  859         (d) Deliver for filing a statement of a change under s.
  860  620.1115 within 30 days after a change has occurred in the name
  861  or address of the agent.
  862         (2)In order to revoke a certificate of authority, the
  863  Department of State must prepare, sign, and file a notice of
  864  revocation and send a copy to the foreign limited partnership.
  865  The notice must state:
  866         (a)The effective date of the revocation, which must be at
  867  least 60 days after the date the Department of State sends the
  868  copy.
  869         (b)The foreign limited partnership’s failures to comply
  870  with subsection (1) which are the reason for the revocation.
  871         (2)If the Department of State determines that one or more
  872  grounds exist under s. 620.1906 for revocation of a foreign
  873  limited partnership, it shall notify the foreign limited
  874  partnership of its intent to revoke the foreign limited
  875  partnership’s certificate of authority. If the foreign limited
  876  partnership has provided the department with an electronic mail
  877  address, such notice shall be by electronic transmission.
  878  Revocation for failure to file an annual report shall occur on
  879  the fourth Friday in September of each year. The Department of
  880  State shall issue a certificate of revocation to each revoked
  881  foreign limited partnership. Issuance of the certificate of
  882  revocation may be by electronic transmission to any foreign
  883  limited partnership that has provided the department with an
  884  electronic mail address.
  885         (3)If within 60 days after sending a notice of revocation,
  886  the foreign limited partnership does not correct each ground for
  887  revocation under s. 620.1906(1)(a), (c), or (d), or demonstrate
  888  to the reasonable satisfaction of the Department of State that
  889  each ground determined by the department does not exist, the
  890  department shall revoke the foreign limited partnership’s
  891  authority to transact business in this state and issue a
  892  certificate of revocation that states the grounds for
  893  revocation. Issuance of the certificate of revocation may be by
  894  electronic transmission to any foreign limited partnership that
  895  has provided the department with an electronic mail address.
  896         (4)(3) The authority of the foreign limited partnership to
  897  transact business in this state ceases on the effective date of
  898  the certificate notice of revocation unless before that date the
  899  foreign limited partnership cures each failure to comply with
  900  subsection (1) stated in the notice. If the foreign limited
  901  partnership cures the failures, the Department of State shall so
  902  indicate on the filed notice.
  903         Section 24. Subsection (3) of section 620.9003, Florida
  904  Statutes, is amended to read:
  905         620.9003 Annual report.—
  906         (3) The Department of State may administratively revoke the
  907  statement of qualification of a partnership that fails to file
  908  its annual report and pay the required filing fee by 5 p.m.
  909  Eastern Standard Time on the third Friday in September. The
  910  Department of State shall serve 60-day notice on the limited
  911  liability partnership of its intent to revoke the statement of
  912  qualification. If the partnership has provided the department
  913  with an electronic mail address, such notice shall be by
  914  electronic transmission. Revocation for failure to file an
  915  annual report shall occur on the fourth Friday in September of
  916  each year. The Department of State shall issue a certificate of
  917  revocation of the statement of qualification to each revoked
  918  partnership. Issuance of the certificate of revocation of the
  919  statement of qualification may be by electronic transmission to
  920  any partnership that has provided the department with an
  921  electronic mail address. The Secretary of State may
  922  administratively revoke the statement of qualification of a
  923  partnership that fails to file an annual report when due or to
  924  pay the required filing fee. The Secretary of State shall
  925  provide the partnership at least 60 days’ written notice of
  926  intent to revoke the statement. The notice is effective 5 days
  927  after it is deposited in the United States mail addressed to the
  928  partnership at its chief executive office set forth in the last
  929  filed statement of qualification or annual report. The notice
  930  must specify the annual report that has not been filed, the fee
  931  that has not been paid, and the date on or after which the
  932  revocation will become effective. The revocation is not
  933  effective if the annual report is filed and the fee is paid
  934  before the effective date of the revocation.
  935         Section 25. Section 679.527, Florida Statutes, is amended
  936  to read:
  937         679.527 Florida Secured Transaction Registry.—
  938         (1) As used in this section, the term:
  939         (a) The “Florida Secured Transaction Registry” or
  940  “registry” means the centralized database in which all initial
  941  financing statements, amendments, assignments, and other
  942  statements of change authorized to be filed under this chapter
  943  are filed, maintained, and retrieved. The term does not apply to
  944  documents that are filed under this chapter with the clerk of a
  945  circuit court.
  946         (b) “Department” means the Department of State.
  947         (c) “Materials and records” includes, but is not limited to
  948  databases, source or object codes, and any software relating to
  949  the Florida Secured Transaction Registry or other filing system
  950  for centralized filing under this chapter, regardless of the
  951  original source of its creation or maintenance.
  952         (2)Under chapter 287, the department has the authority to
  953  determine and select the most qualified respondents to the
  954  request for qualifications and to negotiate and enter into one
  955  or more contracts as provided in this section. The contract may
  956  not be assignable or otherwise transferable without the express
  957  written consent of the department, notwithstanding any
  958  limitations imposed by s. 679.4061 or s. 679.4081.
  959         (3)The department shall perform the duties, as filing
  960  officer and filing office under this chapter, for the Florida
  961  Secured Transaction Registry until October 1, 2001, or until the
  962  effective date of a contract executed by the department to
  963  administer and operate the registry for the performance of these
  964  duties, whichever occurs later. At that time, the department
  965  shall cease serving as the designated filing officer and filing
  966  office for the registry under this chapter, and thereafter,
  967  except to the extent the department may reclaim those duties as
  968  provided below, the department shall not be responsible for the
  969  performance of the duties of the filing office or officer under
  970  this chapter, including determining whether documents tendered
  971  for filing under this chapter satisfy the requirements of law.
  972  The department shall retain authority under this chapter to
  973  approve the forms required to be filed under this chapter. If
  974  authorized by the contract with the department, the entity
  975  performing the duties of the filing office may certify a copy of
  976  a financing statement, or an amendment thereto, which shall be
  977  admissible in a state or federal court or in a proceeding before
  978  any other tribunal.
  979         (2)(4)Notwithstanding The terms and conditions of any
  980  contract to perform the administrative and operational functions
  981  of the filing office or filing officer under this part for the
  982  Florida Secured Transaction Registry shall terminate on June 30,
  983  2009. Beginning July 1, 2009, the department shall perform the
  984  administrative and operational functions of the filing office or
  985  filing officer under this part for the Florida Secured
  986  Transaction Registry., The department and the state shall retain
  987  sole and exclusive ownership of the materials and records of the
  988  registry , shall have the right to inspect and make copies of
  989  the materials and records of the registry, and shall have the
  990  right to immediately reclaim and take possession of and control
  991  of the original materials and records of the registry if any
  992  entity under contract with the department to administer and
  993  operate the registry does not, or cannot, perform the terms and
  994  conditions of the contract for any reason or commences or is
  995  adjudicated a debtor in an insolvency proceeding. If the
  996  department reclaims control of the materials and records of the
  997  registry, the department shall provide for the uninterrupted
  998  fulfillment of the duties of the filing office and filing
  999  officer under this chapter by administration and operation by
 1000  the department until a subsequent contract for such duties can
 1001  be executed. The department shall be entitled to injunctive
 1002  relief if the entity fails to turn over the materials and
 1003  records upon demand, and the Circuit Court for Leon County,
 1004  Florida, shall have exclusive original jurisdiction to
 1005  adjudicate any disputes pertaining to this section or any
 1006  contract entered into under this section.
 1007         (5)The Department of State shall immediately develop and
 1008  issue a Request for Qualifications seeking capable entities to
 1009  perform both the duties currently being performed by the
 1010  department as a filing officer and filing office under this
 1011  chapter.
 1012         (a)The qualifications shall, at a minimum, provide for the
 1013  organization and maintenance of the Florida Secured Transaction
 1014  Registry as the centralized Uniform Commercial Code filing and
 1015  retrieval system, which:
 1016         1.Is comparable and compatible with the department’s
 1017  existing filing system.
 1018         2.Is open to the public and accessible through the
 1019  Internet, to permit the review of all existing filings of the
 1020  department and all future filings in the registry, in compliance
 1021  with chapter 119.
 1022         3.Provides for oversight and compliance audits by the
 1023  department.
 1024         4.Requires records maintenance in compliance with this
 1025  chapter and chapter 119.
 1026         5.Maintains the current level of filing fees and
 1027  procedures for the deposit of revenues with the department as
 1028  specified in chapter 15, net of operating costs, for a period of
 1029  5 years.
 1030         (b)The Department of State shall develop performance
 1031  standards to ensure that the Florida Secured Transaction
 1032  Registry is accurate and complete and that the users thereof are
 1033  being well-served. Periodically, the department shall verify
 1034  that these performance standards are being met or modified as
 1035  may be needed from time to time.
 1036         Section 26. Paragraph (b) of subsection (6) of section
 1037  865.09, Florida Statutes, is amended to read:
 1038         865.09 Fictitious name registration.—
 1039         (6) RENEWAL.—
 1040         (b) In the last year of the registration, the division
 1041  shall notify the owner or registrant of the expiration of the
 1042  fictitious name mail to the last reported mailing address or to
 1043  the address of any registered owner of a name a statement of
 1044  renewal. If the owner or registrant of the fictitious name has
 1045  provided the department with an electronic mail address, such
 1046  notice shall be by electronic transmission.
 1047         Section 27. This act shall take effect upon becoming a law.


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