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2017 Florida Statutes

SECTION 0210
Duty of department to file; review of refusal to file; transmission of information by department.
F.S. 605.0210
605.0210 Duty of department to file; review of refusal to file; transmission of information by department.
(1) The department files a document by stamping or otherwise endorsing the document as “filed,” together with the department’s official title and the date and time of receipt.
(2) After filing a record, the department shall deliver an acknowledgment of the filing or certified copy of the document to the company or foreign limited liability company or its authorized representative.
(3) If the department refuses to file a record, the department shall, within 15 days after the record is delivered:
(a) Return the record or notify the person who submitted the record of the refusal; and
(b) Provide a brief explanation in a record of the reason for the refusal.
(4) If the applicant returns the document with corrections in accordance with the rules of the department within 60 days after it was mailed to the applicant by the department and, if at the time of return, the applicant so requests in writing, the filing date of the document shall be the filing date that would have been applied had the original document not been deficient, except as to persons who relied on the record before correction and were adversely affected thereby.
(5) The department’s duty to file documents under this section is ministerial. Filing or refusing to file a document does not:
(a) Affect the validity or invalidity of the document in whole or part;
(b) Relate to the correctness or incorrectness of information contained in the document; or
(c) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.
(6) If not otherwise provided by law and this chapter, the department shall determine by rule the appropriate format for any document placed under its jurisdiction, and the number of copies, manner of execution, method of electronic transmission, and amount and method of payment of fees for such document.
(7) If the department refuses to file a record, the person who submitted the record may petition the circuit court to compel filing of the record. The record and the explanation of the department of the refusal to file must be attached to the petition. The court may decide the matter in a summary proceeding.
(8) Except as otherwise provided under s. 605.0117 or by any law other than this chapter, the department may deliver a record to a person by delivering it:
(a) In person to the person who submitted it;
(b) To the address of the person’s registered agent;
(c) To the principal office of the person; or
(d) To another address that the person provides to the department for delivery.
History.s. 2, ch. 2013-180.