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The Florida Senate

2019 Florida Statutes

Title XXXVI BUSINESS ORGANIZATIONS
Chapter 605 FLORIDA REVISED LIMITED LIABILITY COMPANY ACT Entire Chapter
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 send notice of the filing to the electronic mail address on file for the company or foreign limited liability company or its authorized representative or shall send a copy of the document to the address of such company or authorized representative. If the record changes the electronic mail address for the company, the department must send such notice to the new electronic mail address and to the most recent prior electronic mail address. If the record changes the mailing address for the company, the department must send such notice to the new mailing address and to the most recent prior mailing address.
(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 delivered to its office for filing, the person who submitted the record for filing may petition the Circuit Court of Leon County to compel filing of the record. The record and the explanation from the department of the refusal to file must be attached to the petition. The court may decide the matter in a summary proceeding, and the court may summarily order the department to file the record or take other action the court considers appropriate. The court’s final decision may be appealed as in other civil proceedings.
(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; s. 2, ch. 2018-58; s. 246, ch. 2019-90.