ENROLLED
       2009 Legislature            CS for CS for SB 1780, 1st Engrossed
       
       
       
       
       
       
                                                             20091780er
    1  
    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         repealing ss. 265.2861, 265.2862, 265.289, 265.608,
   10         265.609, 265.702, and 265.708, F.S., relating to the
   11         Cultural Institutions Program and Trust Fund, general
   12         support program for cultural institutions, audit
   13         information and admission fees for state theater
   14         contract organizations, science museums and grants,
   15         youth and children’s museum and grants, regional
   16         cultural facilities, and historical museum grants;
   17         amending s. 265.281, F.S.; renaming the “Florida Fine
   18         Arts Act of 1980” as the “Florida Arts and Culture
   19         Act”; amending s. 265.282, F.S.; revising legislative
   20         intent to include the promotion of activities
   21         involving arts and culture; providing support for
   22         museums and nonprofit organizations; amending s.
   23         265.283, F.S.; revising and providing definitions;
   24         amending s. 265.284, F.S.; revising the duties and
   25         responsibilities of the Division of Cultural Affairs
   26         within the department to administer funds, sponsor
   27         events encouraging arts and cultural programs, and
   28         enter into certain contracts; requiring that the
   29         division adopt rules; amending s. 265.285, F.S.;
   30         renaming the “Florida Arts Council” as the “Florida
   31         Council on Arts and Culture”; requiring that the
   32         council meet at the request of the division; deleting
   33         provisions authorizing the Secretary of State to
   34         appoint review panels; revising the duties of the
   35         council; amending s. 265.286, F.S.; authorizing the
   36         Secretary of State to appoint review panels
   37         representing arts and cultural disciplines and
   38         programs to assist the council in the grant review
   39         process; providing membership; providing terms;
   40         providing duties and responsibilities; requiring that
   41         the council review grant application lists; requiring
   42         that the secretary review the council’s
   43         recommendations and submit approved lists to the
   44         Legislature by a specified date; establishing
   45         procedures for the awarding and funding of grants;
   46         authorizing the division to provide funding for
   47         certain programs and areas; requiring that the
   48         division adopt rules establishing eligibility
   49         criteria, grant programs, and the panel review
   50         process; requiring that the division award grants
   51         under certain circumstances; establishing eligibility
   52         requirements for grantees; limiting grant awards to
   53         one recipient per grant cycle; providing exceptions;
   54         providing a formula for the distribution of matching
   55         and nonmatching funds; providing for certain in-kind
   56         funds; deleting provisions relating to the division’s
   57         authority to expend appropriated funds for grants;
   58         deleting provisions establishing criteria for such
   59         grants; amending ss. 607.1420 and 607.1421, F.S.;
   60         revising provisions relating to the administrative
   61         dissolution of a corporation by the department to
   62         conform to changes made by the act; amending ss.
   63         607.1530 and 607.1531, F.S.; revising provisions
   64         relating to revocation of a certificate of authority
   65         to conform to changes made by the act; amending ss.
   66         608.448 and 608.4481, F.S.; revising provisions
   67         relating to administrative dissolution of a limited
   68         liability company to conform to changes made by the
   69         act; amending ss. 608.512 and 608.513, F.S.; revising
   70         provisions relating to the revocation of a certificate
   71         of authority of a foreign limited liability company to
   72         conform to changes made by the act; amending ss.
   73         617.1420, 617.1421, 617.1530, 617.1531, 620.1809,
   74         620.1906, and 620.9003, F.S.; conforming provisions to
   75         changes made by the act; amending s. 679.525, F.S.,
   76         relating to processing fees; requiring an additional
   77         fee for filing an initial financing statement;
   78         providing for deposit of receipts into the General
   79         Revenue Fund; prohibiting inclusion of receipts for
   80         calculating contractor’s compensation for performing
   81         services; amending s. 865.09, F.S.; revising
   82         provisions relating to notice of the expiration of a
   83         fictitious name registration; requiring that the
   84         department serve such notice by electronic
   85         transmission if the owner or registrant of the
   86         fictitious name has provided an electronic mail
   87         address to the department; providing an effective
   88         date.
   89  
   90  Be It Enacted by the Legislature of the State of Florida:
   91  
   92         Section 1. Subsection (3) of section 15.16, Florida
   93  Statutes, is amended to read:
   94         15.16 Reproduction of records; admissibility in evidence;
   95  electronic receipt and transmission of records; certification;
   96  acknowledgment.—
   97         (3) The Department of State may cause to be received
   98  electronically any records that are required to be filed with it
   99  pursuant to chapter 55, chapter 117, chapter 118, chapter 495,
  100  chapter 606, chapter 607, chapter 608, chapter 610, chapter 617,
  101  chapter 620, chapter 621, chapter 679, chapter 713, or chapter
  102  865, through facsimile or other electronic transfers, for the
  103  purpose of filing such records. The originals of all such
  104  electronically transmitted records must be executed in the
  105  manner provided in paragraph (5)(b). The receipt of such
  106  electronic transfer constitutes delivery to the department as
  107  required by law. The department may use electronic transmissions
  108  for purposes of notice in the administration of chapters 55,
  109  117, 118, 495, 606, 607, 608, 610, 617, 620, 621, 679 and 713
  110  and s. 865.09. The Department of State may collect e-mail
  111  addresses for purposes of notice and communication in the
  112  performance of its duties and may require filers and registrants
  113  to furnish such e-mail addresses when presenting documents for
  114  filing.
  115         Section 2. Sections 265.2861, 265.2862, 265.289, 265.608,
  116  265.609, 265.702, and 265.708, Florida Statutes, are repealed.
  117         Section 3. Section 265.281, Florida Statutes, is amended to
  118  read:
  119         265.281 Florida Fine Arts and Culture Act; short title.
  120  Sections 265.281-265.709 265.281-265.286 shall be known and may
  121  be cited as the “Florida Fine Arts and Culture Act of 1980.”
  122         Section 4. Section 265.282, Florida Statutes, is amended to
  123  read:
  124         265.282 Legislative intent.—The Legislature recognizes the
  125  vast cultural resources available in Florida the state for the
  126  development, promotion, and enjoyment of arts and culture the
  127  fine arts. It is the intent of the Legislature by enactment of
  128  this legislation to provide for maximum efficiency in providing
  129  state support for, and to gain gaining national and
  130  international recognition of, the efforts, works, and
  131  performances of Florida artists, and art agencies, museums, and
  132  nonprofit organizations. Furthermore, it is the intent of the
  133  Legislature shall to foster and ensure, through the state arts
  134  administrative agency programs authorized in this act, that arts
  135  and culture have a significant and positive effect on Florida
  136  residents created hereunder, the development of a receptive
  137  climate for the fine arts; to enrich culturally and benefit the
  138  citizens of this state in their daily lives; to make Florida
  139  visits and vacations all the more appealing to the world; and to
  140  attract to Florida residency additional outstanding creators in
  141  the fields of fine arts through appropriate programs of
  142  publicity, education, coordination, grants, and activities, such
  143  as sponsorship of art lectures and exhibitions and central
  144  compilation and dissemination of information on the progress of
  145  the fine arts in Florida.
  146         Section 5. Section 265.283, Florida Statutes, is amended to
  147  read:
  148         265.283 Definitions relating to Florida Fine Arts Act of
  149  1980.—The following definitions shall apply to ss. 265.281
  150  265.709 265.281-265.286:
  151         (1) “Council” means the Florida Arts Council on Arts and
  152  Culture.
  153         (2) “Department” means the Department of State.
  154         (3) “Director” means the Director of the Division of
  155  Cultural Affairs of the Department of State.
  156         (4) “Division” means the Division of Cultural Affairs of
  157  the Department of State.
  158         (5) “Panel” means a grant review panel.
  159         (6) “Secretary” means the Secretary of State.
  160         (7) “Arts and cultural disciplines” “The arts” means any
  161  and all artistic disciplines, which include, but are not limited
  162  to, music, dance, theatre drama, theater programs, creative
  163  writing, literature, architecture, painting, sculpture, folk
  164  arts, photography, crafts, and public media arts, visual arts,
  165  programs of museums, and the execution and exhibition of other
  166  such allied, major art forms.
  167         (8) “Local arts agency” means a public or private nonprofit
  168  organization located in Florida and operating on a permanent
  169  basis for the primary purpose of strengthening, supporting, and
  170  stabilizing the activities of one or more county art and
  171  cultural constituencies.
  172         (9) “Historical museum” means a department or agency of
  173  state or local government or a public or private nonprofit
  174  organization located in Florida and operating on a permanent
  175  basis for the primary purpose of sponsoring, producing, and
  176  exhibiting educational programs that are related to the
  177  historical resources of Florida.
  178         (10) “Science museum” means a public or private nonprofit
  179  organization located in Florida and operating on a permanent
  180  basis for the primary purpose of sponsoring, producing, and
  181  exhibiting programs for the observation and study of various
  182  types of natural science and science technology.
  183         (11) “Youth and children’s museum” means a public or
  184  private nonprofit organization located in Florida and operating
  185  on a permanent basis for the primary purpose of sponsoring,
  186  producing, and exhibiting multidisciplinary and participatory
  187  programs for visitors who are 6 months to 15 years old, and
  188  their families, teachers, and caregivers.
  189         (12) “State service organization” means a public or private
  190  nonprofit organization located in Florida operating on a
  191  permanent basis for the primary purpose of implementing programs
  192  that have cultural significance and that emphasize American
  193  creativity and the maintenance and encouragement of professional
  194  excellence.
  195         (13) “Arts in education grants” means grants used to
  196  cultivate the learning and artistic development of all students
  197  and teachers by promoting, encouraging, and supporting arts and
  198  culture as an integral part of education and lifelong learning
  199  for residents and visitors.
  200         (14) “Cultural support grants” means grants that provide
  201  support for general programs and specific cultural projects.
  202         (15) “State touring program grants” means grants used to
  203  provide performances, activities, and exhibitions by Florida
  204  artists to communities.
  205         (16) “Underserved arts community assistance program grants”
  206  means grants used by qualified organizations under the Rural
  207  Economic Development Initiative, pursuant to ss. 288.0656 and
  208  288.06561, for the purpose of economic and organizational
  209  development for underserved cultural organizations.
  210         (17) “Culture Builds Florida grants” means grants used for
  211  the purpose of connecting the arts to key areas of the
  212  division’s long-term strategic plan.
  213         Section 6. Section 265.284, Florida Statutes, is amended to
  214  read:
  215         265.284 Chief cultural officer; director of division;
  216  powers and duties.—
  217         (1) The Secretary of State is the chief cultural officer of
  218  the state, and the Division of Cultural Affairs is designated as
  219  the state arts administrative agency.
  220         (2) The division is the state arts administrative agency
  221  and Division of Cultural Affairs of the Department of State
  222  shall be headed by a director who shall serve at the pleasure of
  223  the secretary of State.
  224         (3) The division of Cultural Affairs shall directly
  225  administer and oversee have direct administrative authority and
  226  responsibility for all of the programs authorized by this act.
  227  In furtherance thereof, the division shall have the authority
  228  to:
  229         (a) Accept and administer state and federal funds
  230  appropriated by the Legislature or funds received from other
  231  public or private sources provided for the fine arts, the
  232  grants, and any program authorized by this act.
  233         (b) Advance funds for grants on a quarterly basis.
  234         (c)(b)Subject to the approval of the Secretary of State,
  235  Enter into agreements for awarding grants or other such
  236  contracts with any person, firm, performing arts company,
  237  educational institution, arts organization, corporation, or
  238  governmental agency as may be necessary or advisable to carry
  239  out its functions under this act.
  240         (c) Seek, and help assure, a uniformity of artwork within
  241  state buildings and review all art content of existing public
  242  buildings or buildings of state ownership for the purpose of
  243  making recommendations to the Department of Management Services
  244  as to matters of installation, relocation, restoration, removal,
  245  or any other disposition of such works of art.
  246         (d) Upon On request, or at its own initiative, consult with
  247  and advise other individuals, groups, organizations, or state
  248  agencies and officials, particularly the Governor and the
  249  Cabinet, concerning the acquisition by gift or purchase of fine
  250  art works, the appropriate use and display of state-owned art
  251  treasures for maximum public benefit, and the suitability of any
  252  structures or fixtures, including framing, primarily intended
  253  for ornamental or decorative purposes in the interior of public
  254  buildings.
  255         (e) Accept on behalf of the state donations of money,
  256  property, art objects, and antiquities. Such donations of money
  257  and any cash income which may be received by the division or
  258  which were previously received by the Florida Fine Arts Council
  259  from the disposal of any donations of property, art objects, or
  260  antiquities, which shall be deposited into the Florida Fine Arts
  261  a separate Trust Fund and are hereby appropriated for to the use
  262  by of the division for the purposes authorized in of this act.
  263         (f) Sponsor performances and exhibits; promote and
  264  encourage the study and appreciation of arts and culture; and
  265  collect, publish, and print pamphlets, papers, newsletters, and
  266  other materials related to arts and cultural programs available
  267  throughout the state.
  268         (g) Conduct and support cultural programs and cultural
  269  exchanges by coordinating with the appropriate state agencies
  270  and other organizations.
  271         (h) Accept funding and other forms of support for the
  272  purposes in this act.
  273         (i) Notwithstanding s. 287.022 or s. 287.025(1)(e), enter
  274  into contracts to insure museum collections, artifacts, relics,
  275  and fine arts to which it holds title or which are on loan to
  276  the division.
  277         (j) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  278  implement this subsection.
  279         (4) There is created the Florida Fine Arts Trust Fund to be
  280  administered by the department and which of State for the
  281  purposes set forth by law. The Florida Fine Arts Trust Fund
  282  shall consist of moneys appropriated by the Legislature or and
  283  moneys contributed to the fund from any other source.
  284         (5) The division is further authorized to:
  285         (a) Accept and administer moneys appropriated by the
  286  Legislature, and moneys received from the Federal Government or
  287  from other public or private sources, for the development of
  288  nationally recognized Florida performing arts groups through a
  289  state touring program. The division shall develop and establish
  290  a selection procedure which will ensure maximum opportunity for
  291  selection of and participation by Florida performing arts groups
  292  in the state touring program.
  293         (b) Sponsor performances and exhibits; promote and
  294  encourage the study and appreciation of fine arts; and collect,
  295  publish, and print pamphlets, papers, newsletters, and other
  296  materials relating to fine arts programs available throughout
  297  the state.
  298         (c) Conduct and support cultural programs and cultural
  299  exchanges in conjunction with the appropriate state agencies,
  300  including the acceptance of funding, technical assistance, and
  301  other forms of support for such purposes.
  302         (d) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  303  implement provisions of law conferring duties on it.
  304         (6) Notwithstanding any provision of s. 287.022 or s.
  305  287.025(1)(e), the division may enter into contracts to insure
  306  museum collections, artifacts, relics, and fine arts to which it
  307  holds title.
  308         Section 7. Section 265.285, Florida Statutes, is amended to
  309  read:
  310         265.285 Florida Arts Council on Arts and Culture;
  311  membership, duties.—
  312         (1)(a) The Florida Arts Council on Arts and Culture is
  313  created within in the department as an advisory body, as defined
  314  in s. 20.03(7), consisting to consist of 15 members. Seven
  315  members shall be appointed by the Governor, four members shall
  316  be appointed by the President of the Senate, and four members
  317  shall be appointed by the Speaker of the House of
  318  Representatives. The appointments, to be made in consultation
  319  with the Secretary of State, shall recognize the need for
  320  geographical representation. Council members appointed by the
  321  Governor shall be appointed for 4-year terms beginning on
  322  January 1 of the year of appointment. Council members appointed
  323  by the President of the Senate and the Speaker of the House of
  324  Representatives shall be appointed for 2-year terms beginning on
  325  January 1 of the year of appointment. A member of the council
  326  who serves two 4-year terms or two 2-year terms is not eligible
  327  for reappointment for 1 year following the expiration of the
  328  member’s second term. A member whose term has expired shall
  329  continue to serve on the council until such time as a
  330  replacement is appointed. Any vacancy on the council shall be
  331  filled for the remainder of the unexpired term in the same
  332  manner as for the original appointment. Members should have a
  333  substantial history of community service in the performing or
  334  visual arts, which includes, but is not limited to, theatre,
  335  dance, folk arts, music, architecture, photography, and
  336  literature, and media arts, or in the areas of science, history,
  337  or children’s museums. In addition, it is desirable that members
  338  have successfully served on boards of cultural institutions such
  339  as museums and performing arts centers or are recognized as
  340  patrons of the arts.
  341         (b) The members shall elect a chair from their number
  342  annually. The council shall meet at the call of its chair, at
  343  the request of the division department, or at such times as may
  344  be prescribed by its rules. A majority of the members of the
  345  council constitutes a quorum, and a meeting may not be held with
  346  less than a quorum present. The affirmative vote of a majority
  347  of the members of the council present is necessary for any
  348  official action by the council.
  349         (c) The Secretary of State may appoint review panels
  350  representing various artistic disciplines to assist the Florida
  351  Arts Council in the grant review process. Review panel members
  352  shall serve for 1-year terms. Each panel shall include
  353  practicing artists or other persons actively involved in the
  354  specific discipline for which the panel is to review grants. The
  355  panels shall review grant applications and make recommendations
  356  to the council concerning the relative merits of the applicants.
  357  The division shall, by rule, establish criteria for reviewing
  358  grant applications to ensure compliance with applicable federal
  359  and state laws relating to discrimination and conflicts of
  360  interest.
  361         (d) The council and panels shall provide a forum for public
  362  comment prior to voting on any art grant application.
  363         (c)(e) Members of the council and panels may shall not
  364  receive any compensation for their services but shall be
  365  reimbursed for travel and expenses incurred in the performance
  366  of their duties, as provided in s. 112.061.
  367         (d)(f) If a member of the council is absent from two
  368  consecutive meetings or any two regularly scheduled meetings in
  369  any calendar year, the council member’s appointment shall be
  370  terminated unless the original appointing authority determines
  371  that extenuating circumstances exist.
  372         (e)(g) The original appointing authority may remove any of
  373  his or her appointees from the council for misconduct or
  374  malfeasance in office, neglect of duty, incompetence, or
  375  permanent inability to perform official duties or if there has
  376  been an adjudication that the member is guilty of a felony.
  377         (2) The duties of the council shall be to:
  378         (a) Advocate for arts and culture by encouraging the study
  379  and presentation of arts and cultural activities that are of
  380  public interest and encourage participation in such activities
  381  throughout the state.
  382         (b)(a) Advise the secretary of State in all matters
  383  pertaining to arts and cultural art, specifically with respect
  384  to any programs and grants administered operated by the division
  385  department as authorized hereunder.
  386         (b) Stimulate and encourage throughout the state the study
  387  and presentation of the arts and public interest and
  388  participation therein.
  389         (c) Make such surveys as may be advisable of public and
  390  private institutions which are engaged within the state in
  391  artistic and cultural activities.
  392         (c)(d) Encourage the participation in and appreciation of
  393  the arts and culture to meet the needs and aspirations of
  394  persons in all parts of the state.
  395         (d)(e) Encourage public interest in the state’s cultural
  396  heritage of this state and expand its the cultural resources of
  397  the state.
  398         (e)(f) Encourage and assist freedom of artistic expression
  399  that is essential for the well-being of the arts.
  400         (f)(g) Advise the secretary of State in all matters
  401  concerning the awarding of grants for the arts and culture as
  402  authorized in under this act.
  403         (h) Promote the enhancement and beautification of the
  404  interiors of the Capitol Building and other public buildings and
  405  advise appropriate state officers, state agencies, and the
  406  Department of Management Services in this regard.
  407         (g)(i) Review applications for grants for the acquisition,
  408  renovation, or construction of cultural facilities and recommend
  409  a priority for the receipt of such grants, as provided in s.
  410  265.701.
  411         Section 8. Section 265.286, Florida Statutes, is amended to
  412  read:
  413         (Substantial rewording of section. See
  414         s. 265.286, F.S., for present text.)
  415         265.286 Art and cultural grants.—
  416         (1) The secretary may appoint review panels consisting of
  417  members from various art and cultural disciplines and programs
  418  to assist the council in the grant review process. Each panel
  419  member shall be appointed to a 1-year term. Each panel shall
  420  consist of practicing artists or other professionals actively
  421  involved in the specific discipline or program for which the
  422  panel has been appointed. Each panel shall review and score
  423  grant applications and recommend to the council the applicants
  424  to which grants should be awarded. The panels shall submit lists
  425  of eligible applicants by score. The division shall adopt rules
  426  establishing a formula for such scoring.
  427         (2) The council and each panel shall provide a forum for
  428  public comment before voting on any grant application.
  429         (3) After the council reviews the lists of eligible
  430  applicants submitted by each review panel, it shall develop two
  431  lists, one of which must consist of eligible applicants for
  432  general program support funding and one of which must consist of
  433  eligible applicants for specific cultural project funding, and
  434  submit the lists to the secretary. The secretary shall review
  435  the council’s recommendations and, beginning July 1, 2010,
  436  include the lists of approved applicants in the department’s
  437  legislative budget request submitted to the Legislature.
  438         (4) Project grants shall be funded from the secretary’s
  439  approved list by score until all appropriated funds are
  440  depleted. If specific project grant funds are returned to the
  441  division, it shall award such funds to the next grant applicant
  442  on the secretary’s list of approved applicants. General program
  443  support grants shall be awarded to applicants on the secretary’s
  444  list in amounts determined by rule.
  445         (5) The division shall fund:
  446         (a) Grants for general program support for science museums,
  447  youth and children’s museums, historical museums, local arts
  448  agencies, state service organizations, and organizations that
  449  have cultural program activities in any of the art and cultural
  450  disciplines defined in s. 265.283(7).
  451         (b) Grants for specific cultural projects for arts in
  452  education, museums, Culture Builds Florida, or nonprofit public
  453  or private organizations having cultural project activity in any
  454  of the art and cultural disciplines.
  455         (c) Grants for a touring program that has a selection
  456  procedure that ensures the maximum opportunity for Florida
  457  artists and cultural groups.
  458         (d) An individual artist fellowship program. The division
  459  shall establish a selection procedure that identifies individual
  460  artists of exceptional talent and demonstrated ability and
  461  distribute grant appropriations as provided by rule.
  462         (e) Other programs consistent with the purpose of this act.
  463         (6) The division shall adopt rules establishing:
  464         (a) Eligibility criteria for the award of grants, which may
  465  include, but need not be limited to, application requirements,
  466  program quality, artistic quality, creativity, potential public
  467  exposure and benefit, the ability to properly administer grant
  468  funds, professional excellence, fiscal stability, state or
  469  regional impact, matching requirements, and other requirements
  470  to further the purposes of this act.
  471         (b) Particular grant programs, categories of grants, and
  472  procedures necessary for the prudent administration of the grant
  473  programs.
  474         (c) The panel review process, including, but not limited
  475  to, criteria for reviewing grant applications to ensure
  476  compliance with applicable federal and state law, including
  477  those related to discrimination and conflicts of interest. The
  478  division may not award any new grant that will, in whole or in
  479  part, inure to the personal benefit of any council or review
  480  panel member during the member’s term of office if the council
  481  or panel member participated in the vote of the council or panel
  482  recommending the award. This paragraph does not prohibit the
  483  division from awarding a grant to an entity with which a council
  484  or panel member is associated.
  485         (7) The division shall award grants:
  486         (a) To supplement the financial support of artistic and
  487  cultural activities and programs that, without the assistance,
  488  may otherwise be unavailable to Florida residents.
  489         (b) To activities and programs that have substantial
  490  artistic and cultural significance and emphasize creativity and
  491  professional excellence.
  492         (c) To activities and programs that meet the professional
  493  standards or standards of authenticity of significant merit,
  494  regardless of origin.
  495         (d) For other reasons consistent with this act.
  496         (8) Eligible grantees must:
  497         (a) Be a nonprofit, tax-exempt Florida corporation; or
  498         (b) A local or state governmental entity, school district,
  499  community college, college, university, agency of state
  500  government, or artist engaged in or concerned with arts and
  501  cultural activities.
  502         (9) In order to equitably distribute limited state funding,
  503  applicants may apply for and be awarded only one grant per
  504  annual grant cycle, except for cultural facilities, a cultural
  505  endowment, or touring program grants and individual artist
  506  fellowships.
  507         (10) Of the total amount of grant funds available from all
  508  sources for grants, except cultural facilities and cultural
  509  endowments, 70 percent shall be awarded on at least a dollar-to
  510  dollar matching basis. Up to 50 percent of the grantee’s match
  511  may consist of in-kind funds. Up to 30 percent of all grant
  512  funds may be awarded on a nonmatching basis, including
  513  individual fellowships.
  514         (11) The division shall adopt rules to administer and
  515  implement this section.
  516         Section 9. Subsection (1) of section 607.1420, Florida
  517  Statutes, is amended to read:
  518         607.1420 Grounds for administrative dissolution.—
  519         (1) The Department of State may commence a proceeding under
  520  s. 607.1421 to administratively dissolve a corporation if:
  521         (a) The corporation has failed to file its annual report
  522  and or pay the annual report filing fee by 5 p.m. Eastern Time
  523  on the third Friday in September within the time required by
  524  this act;
  525         (b) The corporation is without a registered agent or
  526  registered office in this state for 30 days or more;
  527         (c) The corporation does not notify the Department of State
  528  within 30 days that its registered agent or registered office
  529  has been changed, that its registered agent has resigned, or
  530  that its registered office has been discontinued;
  531         (d) The corporation has failed to answer truthfully and
  532  fully, within the time prescribed by this act, interrogatories
  533  propounded by the Department of State; or
  534         (e) The corporation’s period of duration stated in its
  535  articles of incorporation has expired.
  536         Section 10. Subsections (1) and (2) of section 607.1421,
  537  Florida Statutes, are amended to read:
  538         607.1421 Procedure for and effect of administrative
  539  dissolution.—
  540         (1) If the Department of State determines that one or more
  541  grounds exist under s. 607.1420 for dissolving a corporation, it
  542  shall serve the corporation with written notice of its intention
  543  to administratively dissolve the corporation determination under
  544  s. 607.0504(2), stating the grounds therefor. If the corporation
  545  has provided the department with an electronic mail address,
  546  such notice shall be by electronic transmission. Administrative
  547  dissolution for failure to file an annual report shall occur on
  548  the fourth Friday in September of each year. The Department of
  549  State shall issue a certificate of dissolution to each dissolved
  550  corporation. Issuance of the certificate of dissolution may be
  551  by electronic transmission to any corporation that has provided
  552  the department with an electronic mail address.
  553         (2) If the corporation does not correct each ground for
  554  dissolution under s. 607.1420(1)(b), (c), (d), or (e) or
  555  demonstrate to the reasonable satisfaction of the Department of
  556  State that each ground determined by the department does not
  557  exist within 60 days of issuance of the notice, the department
  558  shall administratively dissolve the corporation by issuing a
  559  certificate of dissolution that recites the ground or grounds
  560  for dissolution and its effective date. Issuance of the
  561  certificate of dissolution may be by electronic transmission to
  562  any corporation that has provided the department with an
  563  electronic mail address.
  564         Section 11. Subsection (1) of section 607.1530, Florida
  565  Statutes, is amended to read:
  566         607.1530 Grounds for revocation of authority to transact
  567  business.—The Department of State may commence a proceeding
  568  under s. 607.1531 to revoke the certificate of authority of a
  569  foreign corporation authorized to transact business in this
  570  state if:
  571         (1) The foreign corporation has failed to file its annual
  572  report with the Department of State by 5 p.m. Eastern Time on
  573  the third Friday in September within the time required by this
  574  act.
  575         Section 12. Subsections (1) and (2) of section 607.1531,
  576  Florida Statutes, are amended to read:
  577         607.1531 Procedure for and effect of revocation.—
  578         (1) If the Department of State determines that one or more
  579  grounds exist under s. 607.1530 for revocation of a certificate
  580  of authority, the Department of State shall serve the foreign
  581  corporation with written notice of its intent to revoke the
  582  foreign corporation’s certificate of authority such
  583  determination under s. 607.15101. If the foreign corporation has
  584  provided the department with an electronic mail address, such
  585  notice shall be by electronic transmission. Revocation for
  586  failure to file an annual report shall occur on the fourth
  587  Friday in September of each year. The department shall issue a
  588  certificate of revocation to each revoked corporation. Issuance
  589  of the certificate of revocation may be by electronic
  590  transmission to any corporation that has provided the department
  591  with an electronic mail address.
  592         (2) If the foreign corporation does not correct each ground
  593  for revocation under s. 607.1530(2)-(7) or demonstrate to the
  594  reasonable satisfaction of the Department of State that each
  595  ground determined by the Department of State does not exist
  596  within 60 days after issuance of notice is perfected under s.
  597  607.15101, the Department of State shall revoke the foreign
  598  corporation’s certificate of authority by issuing signing a
  599  certificate of revocation that recites the ground or grounds for
  600  revocation and its effective date. Issuance of the certificate
  601  of revocation may be by electronic transmission to any foreign
  602  corporation that has provided the department with an electronic
  603  mail address.
  604         Section 13. Paragraph (a) of subsection (1) of section
  605  608.448, Florida Statutes, is amended to read:
  606         608.448 Grounds for administrative dissolution.—
  607         (1) The Department of State may commence a proceeding under
  608  s. 608.4481 to administratively dissolve a limited liability
  609  company if:
  610         (a) The limited liability company has failed to file its
  611  annual report and or pay the annual report filing fee by 5 p.m.
  612  Eastern Time on the third Friday in September within the time
  613  required by this chapter.
  614         Section 14. Subsections (1) and (2) of section 608.4481,
  615  Florida Statutes, are amended to read:
  616         608.4481 Procedure for and effect of administrative
  617  dissolution.—
  618         (1) If the Department of State determines that one or more
  619  grounds exist under s. 608.448 for dissolving a limited
  620  liability company, it shall serve the limited liability company
  621  with written notice of its intent to administratively dissolve
  622  the limited liability company determination, stating the grounds
  623  therefor. If the limited liability company has provided the
  624  department with an electronic mail address, such notice shall be
  625  by electronic transmission. Administrative dissolution for
  626  failure to file an annual report shall occur on the fourth
  627  Friday in September of each year. The Department of State shall
  628  issue a certificate of dissolution to each dissolved limited
  629  liability company. Issuance of the certificate of dissolution
  630  may be by electronic transmission to any limited liability
  631  company that has provided the department with an electronic mail
  632  address.
  633         (2) If the limited liability company does not correct each
  634  ground for dissolution under s. 608.448(1)(b), (c), (d), or (e)
  635  or demonstrate to the reasonable satisfaction of the Department
  636  of State that each ground determined by the Department of State
  637  does not exist within 60 days after issuance of the notice, the
  638  Department of State shall administratively dissolve the limited
  639  liability company by issuing a certificate of dissolution that
  640  recites the ground or grounds for dissolution and its effective
  641  date. Issuance of the certificate of dissolution may be by
  642  electronic transmission to any limited liability company that
  643  has provided the department with an electronic mail address.
  644         Section 15. Subsection (1) of section 608.512, Florida
  645  Statutes, is amended to read:
  646         608.512 Grounds for revocation of authority to transact
  647  business.—The Department of State may commence a proceeding
  648  under s. 608.513 to revoke the certificate of authority of a
  649  foreign limited liability company authorized to transact
  650  business in this state if:
  651         (1) The foreign limited liability company has failed to
  652  file its annual report with the Department of State by 5 p.m.
  653  Eastern Time on the third Friday in September within the time
  654  required by this chapter.
  655         Section 16. Subsections (1) and (2) of section 608.513,
  656  Florida Statutes, are amended to read:
  657         608.513 Procedure for and effect of revocation.—
  658         (1) If the Department of State determines that one or more
  659  grounds exist under s. 608.512 for revocation of a certificate
  660  of authority, the Department of State shall serve the foreign
  661  limited liability company with written notice of its intent to
  662  revoke the foreign limited liability company’s certificate of
  663  authority such determination under s. 608.5101. If the foreign
  664  limited liability company has provided the department with an
  665  electronic mail address, such notice shall be by electronic
  666  transmission. Revocation for failure to file an annual report
  667  shall occur on the fourth Friday in September of each year. The
  668  Department of State shall issue a certificate of revocation to
  669  each revoked foreign limited liability company. Issuance of the
  670  certificate of revocation may be by electronic transmission to
  671  any foreign limited liability company that has provided the
  672  department with an electronic mail address.
  673         (2) If the foreign limited liability company does not
  674  correct each ground for revocation under s. 608.512(2)-(9) or
  675  demonstrate to the reasonable satisfaction of the Department of
  676  State that each ground determined by the Department of State
  677  does not exist within 60 days after issuance of notice is
  678  perfected under s. 608.5101, the Department of State shall
  679  revoke the foreign limited liability company’s certificate of
  680  authority by issuing signing a certificate of revocation that
  681  recites the ground or grounds for revocation and its effective
  682  date. Issuance of the certificate of revocation may be by
  683  electronic transmission to any foreign limited liability company
  684  that has provided the department with an electronic mail
  685  address.
  686         Section 17. Subsection (1) of section 617.1420, Florida
  687  Statutes, is amended to read:
  688         617.1420 Grounds for administrative dissolution.—
  689         (1) The Department of State may commence a proceeding under
  690  s. 617.1421 to administratively dissolve a corporation if:
  691         (a) The corporation has failed to file its annual report
  692  and or pay the annual report filing fee by 5 p.m. Eastern Time
  693  on the third Friday in September within the time required by
  694  this act;
  695         (b) The corporation is without a registered agent or
  696  registered office in this state for 30 days or more;
  697         (c) The corporation does not notify the Department of State
  698  within 30 days after its registered agent or registered office
  699  has been changed, after its registered agent has resigned, or
  700  after its registered office has been discontinued;
  701         (d) The corporation has failed to answer truthfully and
  702  fully, within the time prescribed by this act, interrogatories
  703  propounded by the Department of State; or
  704         (e) The corporation’s period of duration stated in its
  705  articles of incorporation has expired.
  706         Section 18. Subsections (1) and (2) of section 617.1421,
  707  Florida Statutes, are amended to read:
  708         617.1421 Procedure for and effect of administrative
  709  dissolution.—
  710         (1) If the Department of State determines that one or more
  711  grounds exist under s. 617.1420 for administratively dissolving
  712  a corporation, it shall serve the corporation with written
  713  notice of its intent determination under s. 617.0504(2) to
  714  administratively dissolve the corporation, stating the grounds
  715  therefor. If the corporation has provided the department with an
  716  electronic mail address, such notice shall be by electronic
  717  transmission. Administrative dissolution for failure to file an
  718  annual report shall occur on the fourth Friday in September of
  719  each year. The Department of State shall issue a certificate of
  720  dissolution to each dissolved corporation. Issuance of the
  721  certificate of dissolution may be by electronic transmission to
  722  any corporation that has provided the department with an
  723  electronic mail address.
  724         (2) If the corporation does not correct each ground for
  725  dissolution under s. 617.1420(1)(b), (c), (d), or (e) or
  726  demonstrate to the reasonable satisfaction of the Department of
  727  State that each ground determined by the department does not
  728  exist within 60 days after issuance of the notice, the
  729  department shall administratively dissolve the corporation by
  730  issuing a certificate of dissolution that recites the ground or
  731  grounds for dissolution and its effective date. Issuance of the
  732  certificate of dissolution may be by electronic transmission to
  733  any corporation that has provided the department with an
  734  electronic mail address.
  735         Section 19. Subsection (1) of section 617.1530, Florida
  736  Statutes, is amended to read:
  737         617.1530 Grounds for revocation of authority to conduct
  738  affairs.—The Department of State may commence a proceeding under
  739  s. 617.1531 to revoke the certificate of authority of a foreign
  740  corporation authorized to conduct its affairs in this state if:
  741         (1) The foreign corporation has failed to file its annual
  742  report with the Department of State by 5 p.m. Eastern Time on
  743  the third Friday in September within the time required by this
  744  act.
  745         Section 20. Subsections (1) and (2) of section 617.1531,
  746  Florida Statutes, are amended to read:
  747         617.1531 Procedure for and effect of revocation.—
  748         (1) If the Department of State determines that one or more
  749  grounds exist under s. 617.1530 for revocation of a certificate
  750  of authority, the Department of State shall serve the foreign
  751  corporation with written notice of its intent to revoke the
  752  foreign corporation’s certificate of authority such
  753  determination under s. 617.1510. If the foreign corporation has
  754  provided the department with an electronic mail address, such
  755  notice shall be by electronic transmission. Revocation for
  756  failure to file an annual report shall occur on the fourth
  757  Friday in September of each year. The Department of State shall
  758  issue a certificate of revocation to each revoked corporation.
  759  Issuance of the certificate of revocation may be by electronic
  760  transmission to any foreign corporation that has provided the
  761  department with an electronic mail address.
  762         (2) If the foreign corporation does not correct each ground
  763  for revocation under s. 617.1530(2)-(7) or demonstrate to the
  764  reasonable satisfaction of the Department of State that each
  765  ground determined by the Department of State does not exist
  766  within 60 days after issuance of notice is perfected under s.
  767  617.1510, the Department of State shall revoke the foreign
  768  corporation’s certificate of authority by issuing signing a
  769  certificate of revocation that recites the ground or grounds for
  770  revocation and its effective date. Issuance of the certificate
  771  of revocation may be by electronic transmission to any foreign
  772  corporation that has provided the department with an electronic
  773  mail address.
  774         Section 21. Subsections (1), (2), and (3) of section
  775  620.1809, Florida Statutes, are amended to read:
  776         620.1809 Administrative dissolution.—
  777         (1) The Department of State may dissolve a limited
  778  partnership administratively if the limited partnership does
  779  not, within 60 days after the due date:
  780         (a) Pay any fee or penalty due to the Department of State
  781  under this act or other law;
  782         (b) Deliver its annual report to the Department of State by
  783  5 p.m. Eastern Time on the third Friday in September;
  784         (c) Appoint and maintain a registered agent as required by
  785  s. 620.1114; or
  786         (d) Deliver for filing a statement of a change under s.
  787  620.1115 within 30 days after a change has occurred in the name
  788  of the registered agent or the registered office address.
  789         (2) If the Department of State determines that a ground
  790  exists for administratively dissolving a limited partnership,
  791  the Department of State shall serve notice on the limited
  792  partnership of its intent to administratively dissolve the
  793  limited partnership file a record of the determination and send
  794  a copy to the limited partnership. If the limited partnership
  795  has provided the department with an electronic mail address,
  796  such notice shall be by electronic transmission. Administrative
  797  dissolution for failure to file an annual report shall occur on
  798  the fourth Friday in September of each year. The Department of
  799  State shall issue a certificate of dissolution to each dissolved
  800  limited partnership. Issuance of the certificate of dissolution
  801  may be by electronic transmission to any limited partnership
  802  that has provided the department with an electronic mail
  803  address.
  804         (3) If within 60 days after sending notice of dissolution,
  805  the copy the limited partnership does not correct each ground
  806  for dissolution under s. 620.1809(1)(a), (c), or (d) or
  807  demonstrate to the reasonable satisfaction of the Department of
  808  State that each ground determined by the Department of State
  809  does not exist, the Department of State shall administratively
  810  dissolve the limited partnership and issue a certificate by
  811  preparing, signing, and filing a declaration of dissolution that
  812  states the grounds for dissolution. Issuance of the certificate
  813  of dissolution may be by electronic transmission to any limited
  814  partnership that has provided the department with an electronic
  815  mail address. The Department of State shall send the limited
  816  partnership a copy of the filed declaration.
  817         Section 22. Section 620.1906, Florida Statutes, is amended
  818  to read:
  819         620.1906 Revocation of certificate of authority.—
  820         (1) A certificate of authority of a foreign limited
  821  partnership to transact business in this state may be revoked by
  822  the Department of State in the manner provided in subsections
  823  (2) and (3) if the foreign limited partnership does not:
  824         (a) Pay, within 60 days after the due date, any fee or
  825  penalty due to the Department of State under this act or other
  826  law;
  827         (b) Deliver, within 60 days after the due date, its annual
  828  report to the Department of State by 5 p.m. Eastern Time on the
  829  third Friday in September required under s. 620.1210;
  830         (c) Appoint and maintain an agent for service of process as
  831  required by s. 620.1114(2); or
  832         (d) Deliver for filing a statement of a change under s.
  833  620.1115 within 30 days after a change has occurred in the name
  834  or address of the agent.
  835         (2) If the Department of State determines that one or more
  836  grounds exist under s. 620.1906 for revocation of a foreign
  837  limited partnership, it shall notify the foreign limited
  838  partnership of its intent to revoke the foreign limited
  839  partnership’s certificate of authority. If the foreign limited
  840  partnership has provided the department with an electronic mail
  841  address, such notice shall be by electronic transmission.
  842  Revocation for failure to file an annual report shall occur on
  843  the fourth Friday in September of each year. The Department of
  844  State shall issue a certificate of revocation to each revoked
  845  foreign limited partnership. Issuance of the certificate of
  846  revocation may be by electronic transmission to any foreign
  847  limited partnership that has provided the department with an
  848  electronic mail address. In order to revoke a certificate of
  849  authority, the Department of State must prepare, sign, and file
  850  a notice of revocation and send a copy to the foreign limited
  851  partnership. The notice must state:
  852         (a) The effective date of the revocation, which must be at
  853  least 60 days after the date the Department of State sends the
  854  copy.
  855         (b) The foreign limited partnership’s failures to comply
  856  with subsection (1) which are the reason for the revocation.
  857         (3) If within 60 days after sending a notice of revocation,
  858  the foreign limited partnership does not correct each ground for
  859  revocation under s. 620.1906(1)(a), (c), or (d), or demonstrate
  860  to the reasonable satisfaction of the Department of State that
  861  each ground determined by the department does not exist, the
  862  department shall revoke the foreign limited partnership’s
  863  authority to transact business in this state and issue a
  864  certificate of revocation that states the grounds for
  865  revocation. Issuance of the certificate of revocation may be by
  866  electronic transmission to any foreign limited partnership that
  867  has provided the department with an electronic mail address.
  868         (4)(3) The authority of the foreign limited partnership to
  869  transact business in this state ceases on the effective date of
  870  the certificate notice of revocation unless before that date the
  871  foreign limited partnership cures each failure to comply with
  872  subsection (1) stated in the notice. If the foreign limited
  873  partnership cures the failures, the Department of State shall so
  874  indicate on the filed notice.
  875         Section 23. Subsection (3) of section 620.9003, Florida
  876  Statutes, is amended to read:
  877         620.9003 Annual report.—
  878         (3) The Department of State may administratively revoke the
  879  statement of qualification of a partnership that fails to file
  880  its annual report and pay the required filing fee by 5 p.m.
  881  Eastern Time on the third Friday in September. The Department of
  882  State shall serve 60-day notice on the limited liability
  883  partnership of its intent to revoke the statement of
  884  qualification. If the partnership has provided the department
  885  with an electronic mail address, such notice shall be by
  886  electronic transmission. Revocation for failure to file an
  887  annual report shall occur on the fourth Friday in September of
  888  each year. The Department of State shall issue a certificate of
  889  revocation of the statement of qualification to each revoked
  890  partnership. Issuance of the certificate of revocation of the
  891  statement of qualification may be by electronic transmission to
  892  any partnership that has provided the department with an
  893  electronic mail address. The Secretary of State may
  894  administratively revoke the statement of qualification of a
  895  partnership that fails to file an annual report when due or to
  896  pay the required filing fee. The Secretary of State shall
  897  provide the partnership at least 60 days’ written notice of
  898  intent to revoke the statement. The notice is effective 5 days
  899  after it is deposited in the United States mail addressed to the
  900  partnership at its chief executive office set forth in the last
  901  filed statement of qualification or annual report. The notice
  902  must specify the annual report that has not been filed, the fee
  903  that has not been paid, and the date on or after which the
  904  revocation will become effective. The revocation is not
  905  effective if the annual report is filed and the fee is paid
  906  before the effective date of the revocation.
  907         Section 24. Subsection (1) of section 679.525, Florida
  908  Statutes, is amended to read:
  909         679.525 Processing fees.—
  910         (1) Except as otherwise provided in subsection (3), the
  911  nonrefundable processing fee for filing and indexing a record
  912  under this part, other than an initial financing statement of
  913  the kind described in s. 679.5021(3), is:
  914         (a) For filing an initial financing statement, $25 for the
  915  first page, which shall include the cost of filing a termination
  916  statement for the financing statement;
  917         (b) For filing an amendment, $12 for the first page;
  918         (c) For indexing by additional debtor, secured party, or
  919  assignee, $3 per additional name indexed;
  920         (d) For use of a nonapproved form, $5;
  921         (e) For each additional page attached to a record, $3;
  922         (f) For a certified copy of a financing statement and any
  923  and all associated amendments, $30; and
  924         (g) For a photocopy of a filed record, $1 per page; and.
  925         (h) For filing an initial financing statement, an
  926  additional $10 for the first page. Receipts from this fee shall
  927  be deposited into the General Revenue Fund and are not included
  928  in the receipts for purposes of calculating the contractor’s
  929  compensation for performing services regarding the Florida
  930  Secured Transaction Registry.
  931         Section 25. Paragraph (b) of subsection (6) of section
  932  865.09, Florida Statutes, is amended to read:
  933         865.09 Fictitious name registration.—
  934         (6) RENEWAL.—
  935         (b) In the last year of the registration, the division
  936  shall notify the owner or registrant of the expiration of the
  937  fictitious name mail to the last reported mailing address or to
  938  the address of any registered owner of a name a statement of
  939  renewal. If the owner or registrant of the fictitious name has
  940  provided the department with an electronic mail address, such
  941  notice shall be by electronic transmission.
  942         Section 26. This act shall take effect upon becoming a law.


Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2019 State of Florida.