Bill Text: FL S1490 | 2013 | Regular Session | Comm Sub
Bill Title: Business Entity Filing Fees
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Appropriations Subcommittee on Finance and Tax, companion bill(s) passed, see CS/CS/SB 1300 (Ch. 2013-180) [S1490 Detail]
Download: Florida-2013-S1490-Comm_Sub.html
Florida Senate - 2013 CS for SB 1490 By the Committee on Governmental Oversight and Accountability; and Senator Latvala 585-03463-13 20131490c1 1 A bill to be entitled 2 An act relating to business entity filing fees; 3 amending ss. 607.0122, 608.452, 617.0122, and 4 620.1109, F.S.; combining certain individual fees into 5 one initial filing fee, revising fees, and requiring 6 the imposition of a late charge under certain 7 circumstances for a corporation for profit, a limited 8 liability company, a corporation not for profit, a 9 domestic limited partnership, and a foreign limited 10 partnership, respectively; amending s. 620.81055, 11 F.S.; revising fees and requiring the imposition of a 12 late charge under certain circumstances for a limited 13 liability partnership; repealing s. 607.193, F.S., 14 relating to supplemental corporate fees; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 607.0122, Florida Statutes, is amended 20 to read: 21 607.0122 Fees for filing documents and issuing 22 certificates.—The Department of State shall collect the 23 following fees when the documents described in this section are 24 delivered to the department for filing: 25 (1) Initial filing, $70, including: 26 (a) Articles of incorporation or application for 27 certificate of authority to transact business in this state by a 28 foreign corporation. 29 (b) Designation of and acceptance by registered agent: $35. 30 (2) Application for registered name: $35$87.50. 31 (3) Application for renewal of registered name: $35$87.50. 32 (4) Corporation’s statement of change of registered agent 33 or registered office or both if not included on the annual 34 report: $35. 35(5) Designation of and acceptance by registered agent: $35.36 (5)(6)Agent’s statement of resignation from active 37 corporation: $85$87.50. 38 (6)(7)Agent’s statement of resignation from an inactive 39 corporation: $35. 40 (7)(8)Amendment of articles of incorporation: $35. 41 (8)(9)Restatement of articles of incorporation with 42 amendment of articles: $35. 43 (9)(10)Articles of merger or share exchange for each party 44 thereto: $35. 45 (10)(11)Articles of dissolution: $35. 46 (11)(12)Articles of revocation of dissolution: $35. 47 (12)(13)Application for reinstatement following 48 administrative dissolution: $400$600. 49(14) Application for certificate of authority to transact50business in this state by a foreign corporation: $35.51 (13)(15)Application for amended certificate of authority: 52 $35. 53 (14)(16)Application for certificate of withdrawal by a 54 foreign corporation: $35. 55 (15)(17)Annual report: $150$61.25. 56 (16)(18)Articles of correction: $35. 57 (17)(19)Application for certificate of status: $8.75. 58 (18)(20)Certificate of domestication of a foreign 59 corporation: $50. 60 (19)(21)Certified copy of document: $8.75$52.50. 61 (20)(22)Serving as agent for substitute service of 62 process: $35$87.50. 63(23) Supplemental corporate fee: $88.75.64 (21)(24)Any other document required or permitted to be 65 filed by this act: $35. 66 (22) A late charge of $400 if the annual report fee is 67 remitted after May 1 except in circumstances in which a business 68 entity was administratively dissolved or its certificate of 69 authority was revoked due to its failure to file an annual 70 report and the entity subsequently applied for reinstatement and 71 paid the applicable reinstatement fee. 72 Section 2. Section 607.193, Florida Statutes, is repealed. 73 Section 3. Section 608.452, Florida Statutes, is amended to 74 read: 75 608.452 Fees of the Department of State.—The fees of the 76 Department of State under this chapter are as follows: 77 (1) For furnishing a certified copy, $8.75$30. 78 (2) For initial filing, $70, including: 79 (a) Original articles of organization or a foreign limited 80 liability company’s application for a certificate of authority 81 to transact business. 82 (b) A certificate designating a registered agent. 83 (3)(2)For filingoriginal articles of organization,84 articles of revocation of dissolution, $35or a foreign limited85liability company’s application for a certificate of authority86to transact business, $100. 87 (4)(3)For filing a certificate of merger of limited 88 liability companies or other business entities, $35$25per 89 constituent party to the merger, unless a specific fee is 90 required for a party in other applicable law. 91 (5)(4)For filing an annual report, $150$50. 92 (6)(5)For filing an application for reinstatement after an 93 administrative or judicial dissolution or a revocation of 94 authority to transact business, $400$100. 95 (7)(6)For filing a certificatedesignating a registered96agent orchanging a registered agent, $35$25. 97 (8)(7)For filing a registered agent’s statement of 98 resignation from an active limited liability company, $85. 99 (9)(8)For filing a registered agent’s statement of 100 resignation from a dissolved limited liability company, $35$25. 101 (10)(9)For filing a certificate of conversion of a limited 102 liability company, $35$25. 103 (11)(10)For filing any other limited liability company 104 document, $35$25. 105 (12)(11)For furnishing a certificate of status, $8.75$5. 106 (13) A late charge of $400 if the annual report fee is 107 remitted after May 1 except in circumstances in which a business 108 entity was administratively dissolved or its certificate of 109 authority was revoked due to its failure to file an annual 110 report and the entity subsequently applied for reinstatement and 111 paid the applicable reinstatement fee. 112 Section 4. Section 617.0122, Florida Statutes, is amended 113 to read: 114 617.0122 Fees for filing documents and issuing 115 certificates.—The Department of State shall collect the 116 following fees on documents delivered to the department for 117 filing: 118 (1) Initial filing, $70, including: 119 (a) Articles of incorporation or application for 120 certificate of authority to transact business in this state by a 121 foreign corporation. 122 (b) Designation of and acceptance by registered agent: $35. 123 (2) Application for registered name: $35$87.50. 124 (3) Application for renewal of registered name: $35$87.50. 125 (4) Corporation’s statement of change of registered agent 126 or registered office or both if not included on the annual 127 report: $35. 128(5) Designation of and acceptance by registered agent: $35.129 (5)(6)Agent’s statement of resignation from active 130 corporation: $85$87.50. 131 (6)(7)Agent’s statement of resignation from inactive 132 corporation: $35. 133 (7)(8)Amendment of articles of incorporation: $35. 134 (8)(9)Restatement of articles of incorporation with 135 amendment of articles: $35. 136 (9)(10)Articles of merger for each party thereto: $35. 137 (10)(11)Articles of dissolution: $35. 138 (11)(12)Articles of revocation of dissolution: $35. 139 (12)(13)Application for reinstatement following 140 administrative dissolution: $400$175. 141(14) Application for certificate of authority to transact142business in this state by a foreign corporation: $35.143 (13)(15)Application for amended certificate of authority: 144 $35. 145 (14)(16)Application for certificate of withdrawal by a 146 foreign corporation: $35. 147 (15)(17)Annual report: $150$61.25. 148 (16)(18)Articles of correction: $35. 149 (17)(19)Application for certificate of status: $8.75. 150 (18)(20)Certified copy of document: $8.75$52.50. 151 (19)(21)Serving as agent for substitute service of 152 process: $35$87.50. 153 (20)(22)Certificate of conversion of a limited 154 agricultural association to a domestic corporation: $35. 155 (21)(23)Any other document required or permitted to be 156 filed by this chapter: $35. 157 (22) A late charge of $400 if the annual report fee is 158 remitted after May 1 except in circumstances in which a business 159 entity was administratively dissolved or its certificate of 160 authority was revoked due to its failure to file an annual 161 report and the entity subsequently applied for reinstatement and 162 paid the applicable reinstatement fee. 163 164 Any citizen support organization that is required by rule of the 165 Department of Environmental Protection to be formed as a 166 nonprofit organization and is under contract with the department 167 is exempt from any fees required for incorporation as a 168 nonprofit organization, and the Secretary of State may not 169 assess any such fees if the citizen support organization is 170 certified by the Department of Environmental Protection to the 171 Secretary of State as being under contract with the Department 172 of Environmental Protection. 173 Section 5. Section 620.1109, Florida Statutes, is amended 174 to read: 175 620.1109 Department of State; fees.—In addition to the176supplemental corporate fee of $88.75 imposed pursuant to s.177607.193,The fees of the Department of State under this act are 178 as follows: 179 (1) For furnishing a certified copy, $8.75$52.50 for the180first 15 pages plus $1.00 for each additional page. 181 (2) For initial filing, $70, including: 182 (a) An original certificate of limited partnership or an 183 original application for registration as a foreign limited 184 partnership.,185 (b) Designating a registered agent$965. 186(3) For filing an original application for registration as187a foreign limited partnership, $965.188 (3)(4)For filing certificate of conversion, $35$52.50. 189 (4)(5)For filing certificate of merger, $35$52.50for 190 each party thereto. 191 (5)(6)For filing a reinstatement, $400$500 for each192calendar year or part thereof the limited partnership was193administratively dissolved or foreign limited partnership was194revoked in the records of the Department of State. 195 (6)(7)For filing an annual report, $150$411.25. 196 (7)(8)For filing a certificate: 197(a) Designating a registered agent, $35;198 (a)(b)Changing a registered agent or registered office 199 address, $35; 200 (b)(c)Resigning as a registered agent from an active 201 limited partnership, $85$87.50;or202 (c) Resigning as a registered agent from an inactive 203 limited partnership, $35; or 204 (d) Of amendment or restatement of the certificate of 205 limited partnership, $35.$52.50;206 (8)(9)For filing a statement of termination, $35$52.50. 207 (9)(10)For filing a notice of cancellation for foreign 208 limited partnership, $35$52.50. 209 (10)(11)For furnishing a certificate of status or 210 authorization, $8.75. 211 (11)(12)For filing a certificate of dissolution, $35 212$52.50. 213 (12)(13)For filing a certificate of revocation of 214 dissolution, $35$52.50. 215 (13)(14)For filing any other domestic or foreign limited 216 partnership document, $35$52.50. 217 (14) A late charge of $400 if the annual report fee is 218 remitted after May 1 except in circumstances in which a business 219 entity was administratively dissolved or its certificate of 220 authority was revoked due to its failure to file an annual 221 report and the entity subsequently applied for reinstatement and 222 paid the applicable reinstatement fee. 223 Section 6. Subsection (1) of section 620.81055, Florida 224 Statutes, is amended to read: 225 620.81055 Fees for filing documents and issuing 226 certificates; powers of the Department of State.— 227 (1) The Department of State shall collect the following 228 fees when documents authorized by this act are delivered to the 229 Department of State for filing: 230 (a) Partnership registration statement: $70$50. 231 (b) Statement of partnership authority: $35$25. 232 (c) Statement of denial: $35$25. 233 (d) Statement of dissociation: $35$25. 234 (e) Statement of dissolution: $35$25. 235 (f) Statement of qualification: $35$25. 236 (g) Statement of foreign qualification: $35$25. 237 (h) Limited liability partnership annual report: $150$25. 238 (i) Certificate of merger for each party thereto: $35$25. 239 (j) Amendment to any statement or registration: $35$25. 240 (k) Cancellation of any statement or registration: $35$25. 241 (l) Certified copy of any recording or part thereof: $8.75 242$52.50. 243 (m) Certificate of status: $8.75. 244 (n) Certificate of conversion: $35$25. 245 (o) Any other document required or permitted to be filed by 246 this act: $35$25. 247 (p) A late charge of $400 if the annual report fee is 248 remitted after May 1 except in circumstances in which a limited 249 liability partnership’s statement of qualification was revoked 250 due to its failure to file an annual report and the entity 251 subsequently applied for reinstatement and paid the applicable 252 reinstatement fee. 253 Section 7. This act shall take effect July 1, 2014.