Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 346
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/06/2017           .                                

       The Committee on Rules (Stargel) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 48 - 202
    4  and insert:
    5         4.If the registrant is a business entity that was required
    6  to file incorporation or similar documents with its state of
    7  organization when it was organized, such entity must be
    8  registered with the division and in active status with the
    9  division; provide its Florida document registration number; and
   10  provide its federal employer identification number if the entity
   11  has such a number.
   12         5.(d) Certification by at least one registrant the
   13  applicant that the intention to register such fictitious name
   14  has been advertised at least once in a newspaper as defined in
   15  chapter 50 in the county in which where the principal place of
   16  business of the registrant is or applicant will be located.
   17         6.(e) Any other information the division may reasonably
   18  deem necessary to adequately inform other governmental agencies
   19  and the public as to the registrant persons so conducting
   20  business.
   21         (b) Such registration statement shall be accompanied by the
   22  applicable processing fees and any other taxes or penalties owed
   23  to the state.
   24         (c)With respect to a general partnership that is not
   25  registered with the division, its partners are the registrants
   26  and not the partnership entity. With respect to a general
   27  partnership that is registered with the division, the
   28  partnership is the registrant and it must be in active status
   29  with the division at the time the registration is filed.
   31  a registrant ceases to engage in business under a registered
   32  fictitious name, such registrant the ownership of a business
   33  registered under this section changes, the owner of record with
   34  the division shall file a cancellation with the division and
   35  reregistration that meets the requirements set forth in
   36  subsection (3) within 30 days after the cessation occurs the
   37  occurrence of such change. If such cessation is in connection
   38  with a transfer of the business or, with respect to a general
   39  partnership that is not registered with the division, is in
   40  connection with a transfer by a general partner of all or any
   41  part of the general partner’s partnership interest and, as a
   42  result, a new person will engage in business under the
   43  registered fictitious name, such new person may reregister the
   44  name pursuant to subsection (3) at the same time as the
   45  cancellation is filed.
   46         (5) TERM.—
   47         (a) A fictitious name registered under this section shall
   48  be valid for a period beginning on the date of registration or
   49  reregistration and expiring on December 31 of the 5th calendar
   50  year thereafter, counting the period from registration or
   51  reregistration through December 31 of the year of registration
   52  or reregistration as the first calendar year.
   53         (b)Each renewal under subsection (6) is valid for a period
   54  of 5 years beginning on January 1 of the year following the
   55  prior registration expiration date and expiring of 5 years and
   56  expires on December 31 of the 5th calendar year.
   57         (6) RENEWAL.—
   58         (a) Renewal of a fictitious name registration shall occur
   59  on or after January 1 and on or before December 31 of the
   60  expiration year. Upon timely filing of a renewal statement, the
   61  effectiveness of the name registration is continued for 5 years
   62  as provided in subsection (5).
   63         (b) In the last year that a of the registration is to
   64  expire, the division shall notify the owner or registrant of the
   65  fictitious name registration of the upcoming expiration of the
   66  fictitious name no later than September 1. If the owner or
   67  registrant of the fictitious name has provided the division
   68  department with an electronic mail address, such notice shall be
   69  by electronic transmission. If the business is a general
   70  partnership that is not registered with the division and, thus,
   71  there is more than one registrant for the fictitious name, the
   72  division need only notify one of the registrants.
   73         (c) If a registrant the owner of the fictitious name
   74  registration fails to timely file a renewal and pay the
   75  appropriate processing fees on or before prior to December 31 of
   76  the year of expiration, the fictitious name registration
   77  expires. The division shall remove any expired or canceled
   78  fictitious name registration from its records and may purge such
   79  registrations. Failure to receive the notice statement of
   80  expiration renewal required by paragraph (b) shall not
   81  constitute grounds for appeal of a registration’s expiration or
   82  removal from the division’s records.
   83         (d)If a registered fictitious name is prohibited by
   84  subsection (14) at the time of renewal, the fictitious name may
   85  not be renewed.
   86         (7) EXEMPTIONS.—A business formed by an attorney actively
   87  licensed to practice law in this state, by a person actively
   88  licensed by the Department of Business and Professional
   89  Regulation or the Department of Health for the purpose of
   90  practicing his or her licensed profession, or by any
   91  corporation, limited liability company, partnership, or other
   92  business commercial entity that is actively organized or
   93  registered and in active status with the division Department of
   94  State is not required to register its name pursuant to this
   95  section, unless the name under which business is to be conducted
   96  differs from the name as licensed or registered.
   97         (8) EFFECT OF REGISTRATION.—Notwithstanding the provisions
   98  of any other law, registration under this section is for public
   99  notice only, and does not give gives rise to a no presumption of
  100  the registrant’s rights to own or use the name registered, nor
  101  does it affect trademark, service mark, trade name, or corporate
  102  or other business entity name rights previously acquired by
  103  others in the same or a similar name. Registration under this
  104  section does not reserve a fictitious name against future use.
  105         (9) PENALTIES.—
  106         (a) If a business fails to comply with this section,
  107  neither the business nor the person or persons engaging in the,
  108  its members, and those interested in doing such business may not
  109  maintain any action, suit, or proceeding in any court of this
  110  state with respect to or on behalf of such business until this
  111  section is complied with. An action, suit, or proceeding may not
  112  be maintained in any court of this state by any successor or
  113  assignee of such business on any right, claim, or demand arising
  114  out of the transaction of business by such business in this
  115  state until this section has been complied with.
  116         (b) The failure of a business to comply with this section
  117  does not impair the validity of any contract, deed, mortgage,
  118  security interest, lien, or act of such business and does not
  119  prevent such business from defending any action, suit, or
  120  proceeding in any court of this state. However, a party
  121  aggrieved by a noncomplying business may be awarded reasonable
  122  attorney attorney’s fees and court costs necessitated by the
  123  noncomplying business.
  124         (c) Any person who fails to comply with this section
  125  commits a noncriminal violation as defined in s. 775.08
  126  misdemeanor of the second degree, punishable as provided in s.
  127  775.082 or s. 775.083.
  128         (10) POWERS OF DIVISION DEPARTMENT.—The division Department
  129  of State is granted the power reasonably necessary to enable it
  130  to administer this section efficiently and, to perform the
  131  duties herein imposed upon it.
  132         (11) FORMS.—Registration, cancellation, and renewal shall
  133  be made on forms prescribed by the division Department of State,
  134  which may include the uniform business report, pursuant to s.
  135  606.06, as a means of satisfying the requirement of this
  136  section.
  137         (12) PROCESSING FEES.—The division Department of State
  138  shall charge and collect nonrefundable processing fees as
  139  follows:
  140         (a) For registration of a fictitious name, $50.
  141         (b) For cancellation or cancellation and reregistration of
  142  a fictitious name, $50.
  143         (c) For renewal of a fictitious name registration, $50.
  144         (d) For furnishing a certified copy of a fictitious name
  145  registration document, $30.
  146         (e) For furnishing a certificate of status, $10.
  147         (13) DEPOSIT OF FUNDS.—All funds required to be paid to the
  148  division Department of State pursuant to this section shall be
  149  collected and deposited into the General Revenue Fund.
  150         (14) PROHIBITION.—A fictitious name registered as provided
  151  in this section may not contain the following words,
  152  abbreviations, or designations:
  153         (a) “Corporation,or “incorporated,” or the abbreviations
  154  “Corp.,” or “Inc.,” unless the person or business for which the
  155  name is registered is incorporated or has obtained a certificate
  156  of authority to transact business in this state pursuant to part
  157  I of chapter 607 or chapter 617.
  158         (b)“Limited liability company,” “LLC,” or “L.L.C.,” unless
  159  the person or business for which the name is registered is
  160  organized as a limited liability company or has obtained a
  161  certificate of authority to transact business in this state
  162  pursuant to chapter 605.
  163         (c)“Limited liability partnership,” “LLP,” or “L.L.P.,”
  164  unless the person or business for which the name is registered
  165  is registered as a limited liability partnership or has obtained
  166  a certificate of authority to transact business in this state
  167  pursuant to s. 620.9102.
  169  ================= T I T L E  A M E N D M E N T ================
  170  And the title is amended as follows:
  171         Delete lines 13 - 16
  172  and insert:
  173         concerning penalties for violations; specifying
  174         additional terms that