Florida Senate - 2009             CONFERENCE COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1780
       
       
       
       
       
       
                                Barcode 662430                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/08/2009 12:42 PM       .                                
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       The Conference Committee on CS for CS for SB 1780 recommended
       the following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (3) of section 15.16, Florida
    7  Statutes, is amended to read:
    8         15.16 Reproduction of records; admissibility in evidence;
    9  electronic receipt and transmission of records; certification;
   10  acknowledgment.—
   11         (3) The Department of State may cause to be received
   12  electronically any records that are required to be filed with it
   13  pursuant to chapter 55, chapter 117, chapter 118, chapter 495,
   14  chapter 606, chapter 607, chapter 608, chapter 610, chapter 617,
   15  chapter 620, chapter 621, chapter 679, chapter 713, or chapter
   16  865, through facsimile or other electronic transfers, for the
   17  purpose of filing such records. The originals of all such
   18  electronically transmitted records must be executed in the
   19  manner provided in paragraph (5)(b). The receipt of such
   20  electronic transfer constitutes delivery to the department as
   21  required by law. The department may use electronic transmissions
   22  for purposes of notice in the administration of chapters 55,
   23  117, 118, 495, 606, 607, 608, 610, 617, 620, 621, 679 and 713
   24  and s. 865.09. The Department of State may collect e-mail
   25  addresses for purposes of notice and communication in the
   26  performance of its duties and may require filers and registrants
   27  to furnish such e-mail addresses when presenting documents for
   28  filing.
   29         Section 2. Sections 265.2861, 265.2862, 265.289, 265.608,
   30  265.609, 265.702, and 265.708, Florida Statutes, are repealed.
   31         Section 3. Section 265.281, Florida Statutes, is amended to
   32  read:
   33         265.281 Florida Fine Arts and Culture Act; short title.
   34  Sections 265.281-265.709 265.281-265.286 shall be known and may
   35  be cited as the “Florida Fine Arts and Culture Act of 1980.”
   36         Section 4. Section 265.282, Florida Statutes, is amended to
   37  read:
   38         265.282 Legislative intent.—The Legislature recognizes the
   39  vast cultural resources available in Florida the state for the
   40  development, promotion, and enjoyment of arts and culture the
   41  fine arts. It is the intent of the Legislature by enactment of
   42  this legislation to provide for maximum efficiency in providing
   43  state support for, and to gain gaining national and
   44  international recognition of, the efforts, works, and
   45  performances of Florida artists, and art agencies, museums, and
   46  nonprofit organizations. Furthermore, it is the intent of the
   47  Legislature shall to foster and ensure, through the state arts
   48  administrative agency programs authorized in this act, that arts
   49  and culture have a significant and positive effect on Florida
   50  residents created hereunder, the development of a receptive
   51  climate for the fine arts; to enrich culturally and benefit the
   52  citizens of this state in their daily lives; to make Florida
   53  visits and vacations all the more appealing to the world; and to
   54  attract to Florida residency additional outstanding creators in
   55  the fields of fine arts through appropriate programs of
   56  publicity, education, coordination, grants, and activities, such
   57  as sponsorship of art lectures and exhibitions and central
   58  compilation and dissemination of information on the progress of
   59  the fine arts in Florida.
   60         Section 5. Section 265.283, Florida Statutes, is amended to
   61  read:
   62         265.283 Definitions relating to Florida Fine Arts Act of
   63  1980.—The following definitions shall apply to ss. 265.281
   64  265.709 265.281-265.286:
   65         (1) “Council” means the Florida Arts Council on Arts and
   66  Culture.
   67         (2) “Department” means the Department of State.
   68         (3) “Director” means the Director of the Division of
   69  Cultural Affairs of the Department of State.
   70         (4) “Division” means the Division of Cultural Affairs of
   71  the Department of State.
   72         (5) “Panel” means a grant review panel.
   73         (6) “Secretary” means the Secretary of State.
   74         (7) Arts and cultural disciplines” The arts means any
   75  and all artistic disciplines, which include, but are not limited
   76  to, music, dance, theatre drama, theater programs, creative
   77  writing, literature, architecture, painting, sculpture, folk
   78  arts, photography, crafts, and public media arts, visual arts,
   79  programs of museums, and the execution and exhibition of other
   80  such allied, major art forms.
   81         (8)“Local arts agency” means a public or private nonprofit
   82  organization located in Florida and operating on a permanent
   83  basis for the primary purpose of strengthening, supporting, and
   84  stabilizing the activities of one or more county art and
   85  cultural constituencies.
   86         (9)“Historical museum” means a department or agency of
   87  state or local government or a public or private nonprofit
   88  organization located in Florida and operating on a permanent
   89  basis for the primary purpose of sponsoring, producing, and
   90  exhibiting educational programs that are related to the
   91  historical resources of Florida.
   92         (10)“Science museum” means a public or private nonprofit
   93  organization located in Florida and operating on a permanent
   94  basis for the primary purpose of sponsoring, producing, and
   95  exhibiting programs for the observation and study of various
   96  types of natural science and science technology.
   97         (11)“Youth and children’s museum” means a public or
   98  private nonprofit organization located in Florida and operating
   99  on a permanent basis for the primary purpose of sponsoring,
  100  producing, and exhibiting multidisciplinary and participatory
  101  programs for visitors who are 6 months to 15 years old, and
  102  their families, teachers, and caregivers.
  103         (12)“State service organization” means a public or private
  104  nonprofit organization located in Florida operating on a
  105  permanent basis for the primary purpose of implementing programs
  106  that have cultural significance and that emphasize American
  107  creativity and the maintenance and encouragement of professional
  108  excellence.
  109         (13)“Arts in education grants” means grants used to
  110  cultivate the learning and artistic development of all students
  111  and teachers by promoting, encouraging, and supporting arts and
  112  culture as an integral part of education and lifelong learning
  113  for residents and visitors.
  114         (14)“Cultural support grants” means grants that provide
  115  support for general programs and specific cultural projects.
  116         (15)“State touring program grants” means grants used to
  117  provide performances, activities, and exhibitions by Florida
  118  artists to communities.
  119         (16)“Underserved arts community assistance program grants”
  120  means grants used by qualified organizations under the Rural
  121  Economic Development Initiative, pursuant to ss. 288.0656 and
  122  288.06561, for the purpose of economic and organizational
  123  development for underserved cultural organizations.
  124         (17)“Culture Builds Florida grants” means grants used for
  125  the purpose of connecting the arts to key areas of the
  126  division’s long-term strategic plan.
  127         Section 6. Section 265.284, Florida Statutes, is amended to
  128  read:
  129         265.284 Chief cultural officer; director of division;
  130  powers and duties.—
  131         (1) The Secretary of State is the chief cultural officer of
  132  the state, and the Division of Cultural Affairs is designated as
  133  the state arts administrative agency.
  134         (2) The division is the state arts administrative agency
  135  and Division of Cultural Affairs of the Department of State
  136  shall be headed by a director who shall serve at the pleasure of
  137  the secretary of State.
  138         (3) The division of Cultural Affairs shall directly
  139  administer and oversee have direct administrative authority and
  140  responsibility for all of the programs authorized by this act.
  141  In furtherance thereof, the division shall have the authority
  142  to:
  143         (a) Accept and administer state and federal funds
  144  appropriated by the Legislature or funds received from other
  145  public or private sources provided for the fine arts, the
  146  grants, and any program authorized by this act.
  147         (b)Advance funds for grants on a quarterly basis.
  148         (c)(b)Subject to the approval of the Secretary of State,
  149  Enter into agreements for awarding grants or other such
  150  contracts with any person, firm, performing arts company,
  151  educational institution, arts organization, corporation, or
  152  governmental agency as may be necessary or advisable to carry
  153  out its functions under this act.
  154         (c)Seek, and help assure, a uniformity of artwork within
  155  state buildings and review all art content of existing public
  156  buildings or buildings of state ownership for the purpose of
  157  making recommendations to the Department of Management Services
  158  as to matters of installation, relocation, restoration, removal,
  159  or any other disposition of such works of art.
  160         (d) Upon On request, or at its own initiative, consult with
  161  and advise other individuals, groups, organizations, or state
  162  agencies and officials, particularly the Governor and the
  163  Cabinet, concerning the acquisition by gift or purchase of fine
  164  art works, the appropriate use and display of state-owned art
  165  treasures for maximum public benefit, and the suitability of any
  166  structures or fixtures, including framing, primarily intended
  167  for ornamental or decorative purposes in the interior of public
  168  buildings.
  169         (e) Accept on behalf of the state donations of money,
  170  property, art objects, and antiquities. Such donations of money
  171  and any cash income which may be received by the division or
  172  which were previously received by the Florida Fine Arts Council
  173  from the disposal of any donations of property, art objects, or
  174  antiquities, which shall be deposited into the Florida Fine Arts
  175  a separate Trust Fund and are hereby appropriated for to the use
  176  by of the division for the purposes authorized in of this act.
  177         (f)Sponsor performances and exhibits; promote and
  178  encourage the study and appreciation of arts and culture; and
  179  collect, publish, and print pamphlets, papers, newsletters, and
  180  other materials related to arts and cultural programs available
  181  throughout the state.
  182         (g)Conduct and support cultural programs and cultural
  183  exchanges by coordinating with the appropriate state agencies
  184  and other organizations.
  185         (h)Accept funding and other forms of support for the
  186  purposes in this act.
  187         (i)Notwithstanding s. 287.022 or s. 287.025(1)(e), enter
  188  into contracts to insure museum collections, artifacts, relics,
  189  and fine arts to which it holds title or which are on loan to
  190  the division.
  191         (j)Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  192  implement this subsection.
  193         (4) There is created the Florida Fine Arts Trust Fund to be
  194  administered by the department and which of State for the
  195  purposes set forth by law. The Florida Fine Arts Trust Fund
  196  shall consist of moneys appropriated by the Legislature or and
  197  moneys contributed to the fund from any other source.
  198         (5)The division is further authorized to:
  199         (a)Accept and administer moneys appropriated by the
  200  Legislature, and moneys received from the Federal Government or
  201  from other public or private sources, for the development of
  202  nationally recognized Florida performing arts groups through a
  203  state touring program. The division shall develop and establish
  204  a selection procedure which will ensure maximum opportunity for
  205  selection of and participation by Florida performing arts groups
  206  in the state touring program.
  207         (b)Sponsor performances and exhibits; promote and
  208  encourage the study and appreciation of fine arts; and collect,
  209  publish, and print pamphlets, papers, newsletters, and other
  210  materials relating to fine arts programs available throughout
  211  the state.
  212         (c)Conduct and support cultural programs and cultural
  213  exchanges in conjunction with the appropriate state agencies,
  214  including the acceptance of funding, technical assistance, and
  215  other forms of support for such purposes.
  216         (d)Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  217  implement provisions of law conferring duties on it.
  218         (6)Notwithstanding any provision of s. 287.022 or s.
  219  287.025(1)(e), the division may enter into contracts to insure
  220  museum collections, artifacts, relics, and fine arts to which it
  221  holds title.
  222         Section 7. Section 265.285, Florida Statutes, is amended to
  223  read:
  224         265.285 Florida Arts Council on Arts and Culture;
  225  membership, duties.—
  226         (1)(a) The Florida Arts Council on Arts and Culture is
  227  created within in the department as an advisory body, as defined
  228  in s. 20.03(7), consisting to consist of 15 members. Seven
  229  members shall be appointed by the Governor, four members shall
  230  be appointed by the President of the Senate, and four members
  231  shall be appointed by the Speaker of the House of
  232  Representatives. The appointments, to be made in consultation
  233  with the Secretary of State, shall recognize the need for
  234  geographical representation. Council members appointed by the
  235  Governor shall be appointed for 4-year terms beginning on
  236  January 1 of the year of appointment. Council members appointed
  237  by the President of the Senate and the Speaker of the House of
  238  Representatives shall be appointed for 2-year terms beginning on
  239  January 1 of the year of appointment. A member of the council
  240  who serves two 4-year terms or two 2-year terms is not eligible
  241  for reappointment for 1 year following the expiration of the
  242  member’s second term. A member whose term has expired shall
  243  continue to serve on the council until such time as a
  244  replacement is appointed. Any vacancy on the council shall be
  245  filled for the remainder of the unexpired term in the same
  246  manner as for the original appointment. Members should have a
  247  substantial history of community service in the performing or
  248  visual arts, which includes, but is not limited to, theatre,
  249  dance, folk arts, music, architecture, photography, and
  250  literature, and media arts, or in the areas of science, history,
  251  or children’s museums. In addition, it is desirable that members
  252  have successfully served on boards of cultural institutions such
  253  as museums and performing arts centers or are recognized as
  254  patrons of the arts.
  255         (b) The members shall elect a chair from their number
  256  annually. The council shall meet at the call of its chair, at
  257  the request of the division department, or at such times as may
  258  be prescribed by its rules. A majority of the members of the
  259  council constitutes a quorum, and a meeting may not be held with
  260  less than a quorum present. The affirmative vote of a majority
  261  of the members of the council present is necessary for any
  262  official action by the council.
  263         (c)The Secretary of State may appoint review panels
  264  representing various artistic disciplines to assist the Florida
  265  Arts Council in the grant review process. Review panel members
  266  shall serve for 1-year terms. Each panel shall include
  267  practicing artists or other persons actively involved in the
  268  specific discipline for which the panel is to review grants. The
  269  panels shall review grant applications and make recommendations
  270  to the council concerning the relative merits of the applicants.
  271  The division shall, by rule, establish criteria for reviewing
  272  grant applications to ensure compliance with applicable federal
  273  and state laws relating to discrimination and conflicts of
  274  interest.
  275         (d)The council and panels shall provide a forum for public
  276  comment prior to voting on any art grant application.
  277         (c)(e) Members of the council and panels may shall not
  278  receive any compensation for their services but shall be
  279  reimbursed for travel and expenses incurred in the performance
  280  of their duties, as provided in s. 112.061.
  281         (d)(f) If a member of the council is absent from two
  282  consecutive meetings or any two regularly scheduled meetings in
  283  any calendar year, the council member’s appointment shall be
  284  terminated unless the original appointing authority determines
  285  that extenuating circumstances exist.
  286         (e)(g) The original appointing authority may remove any of
  287  his or her appointees from the council for misconduct or
  288  malfeasance in office, neglect of duty, incompetence, or
  289  permanent inability to perform official duties or if there has
  290  been an adjudication that the member is guilty of a felony.
  291         (2) The duties of the council shall be to:
  292         (a)Advocate for arts and culture by encouraging the study
  293  and presentation of arts and cultural activities that are of
  294  public interest and encourage participation in such activities
  295  throughout the state.
  296         (b)(a) Advise the secretary of State in all matters
  297  pertaining to arts and cultural art, specifically with respect
  298  to any programs and grants administered operated by the division
  299  department as authorized hereunder.
  300         (b)Stimulate and encourage throughout the state the study
  301  and presentation of the arts and public interest and
  302  participation therein.
  303         (c)Make such surveys as may be advisable of public and
  304  private institutions which are engaged within the state in
  305  artistic and cultural activities.
  306         (c)(d) Encourage the participation in and appreciation of
  307  the arts and culture to meet the needs and aspirations of
  308  persons in all parts of the state.
  309         (d)(e) Encourage public interest in the state’s cultural
  310  heritage of this state and expand its the cultural resources of
  311  the state.
  312         (e)(f) Encourage and assist freedom of artistic expression
  313  that is essential for the well-being of the arts.
  314         (f)(g) Advise the secretary of State in all matters
  315  concerning the awarding of grants for the arts and culture as
  316  authorized in under this act.
  317         (h)Promote the enhancement and beautification of the
  318  interiors of the Capitol Building and other public buildings and
  319  advise appropriate state officers, state agencies, and the
  320  Department of Management Services in this regard.
  321         (g)(i) Review applications for grants for the acquisition,
  322  renovation, or construction of cultural facilities and recommend
  323  a priority for the receipt of such grants, as provided in s.
  324  265.701.
  325         Section 8. Section 265.286, Florida Statutes, is amended to
  326  read:
  327         (Substantial rewording of section. See
  328         s. 265.286, F.S., for present text.)
  329         265.286Art and cultural grants.—
  330         (1)The secretary may appoint review panels consisting of
  331  members from various art and cultural disciplines and programs
  332  to assist the council in the grant review process. Each panel
  333  member shall be appointed to a 1-year term. Each panel shall
  334  consist of practicing artists or other professionals actively
  335  involved in the specific discipline or program for which the
  336  panel has been appointed. Each panel shall review and score
  337  grant applications and recommend to the council the applicants
  338  to which grants should be awarded. The panels shall submit lists
  339  of eligible applicants by score. The division shall adopt rules
  340  establishing a formula for such scoring.
  341         (2)The council and each panel shall provide a forum for
  342  public comment before voting on any grant application.
  343         (3)After the council reviews the lists of eligible
  344  applicants submitted by each review panel, it shall develop two
  345  lists, one of which must consist of eligible applicants for
  346  general program support funding and one of which must consist of
  347  eligible applicants for specific cultural project funding, and
  348  submit the lists to the secretary. The secretary shall review
  349  the council’s recommendations and, beginning July 1, 2010,
  350  include the lists of approved applicants in the department’s
  351  legislative budget request submitted to the Legislature.
  352         (4)Project grants shall be funded from the secretary’s
  353  approved list by score until all appropriated funds are
  354  depleted. If specific project grant funds are returned to the
  355  division, it shall award such funds to the next grant applicant
  356  on the secretary’s list of approved applicants. General program
  357  support grants shall be awarded to applicants on the secretary’s
  358  list in amounts determined by rule.
  359         (5)The division shall fund:
  360         (a)Grants for general program support for science museums,
  361  youth and children’s museums, historical museums, local arts
  362  agencies, state service organizations, and organizations that
  363  have cultural program activities in any of the art and cultural
  364  disciplines defined in s. 265.283(7).
  365         (b)Grants for specific cultural projects for arts in
  366  education, museums, Culture Builds Florida, or nonprofit public
  367  or private organizations having cultural project activity in any
  368  of the art and cultural disciplines.
  369         (c)Grants for a touring program that has a selection
  370  procedure that ensures the maximum opportunity for Florida
  371  artists and cultural groups.
  372         (d)An individual artist fellowship program. The division
  373  shall establish a selection procedure that identifies individual
  374  artists of exceptional talent and demonstrated ability and
  375  distribute grant appropriations as provided by rule.
  376         (e)Other programs consistent with the purpose of this act.
  377         (6)The division shall adopt rules establishing:
  378         (a)Eligibility criteria for the award of grants, which may
  379  include, but need not be limited to, application requirements,
  380  program quality, artistic quality, creativity, potential public
  381  exposure and benefit, the ability to properly administer grant
  382  funds, professional excellence, fiscal stability, state or
  383  regional impact, matching requirements, and other requirements
  384  to further the purposes of this act.
  385         (b)Particular grant programs, categories of grants, and
  386  procedures necessary for the prudent administration of the grant
  387  programs.
  388         (c)The panel review process, including, but not limited
  389  to, criteria for reviewing grant applications to ensure
  390  compliance with applicable federal and state law, including
  391  those related to discrimination and conflicts of interest. The
  392  division may not award any new grant that will, in whole or in
  393  part, inure to the personal benefit of any council or review
  394  panel member during the member’s term of office if the council
  395  or panel member participated in the vote of the council or panel
  396  recommending the award. This paragraph does not prohibit the
  397  division from awarding a grant to an entity with which a council
  398  or panel member is associated.
  399         (7)The division shall award grants:
  400         (a)To supplement the financial support of artistic and
  401  cultural activities and programs that, without the assistance,
  402  may otherwise be unavailable to Florida residents.
  403         (b)To activities and programs that have substantial
  404  artistic and cultural significance and emphasize creativity and
  405  professional excellence.
  406         (c)To activities and programs that meet the professional
  407  standards or standards of authenticity of significant merit,
  408  regardless of origin.
  409         (d)For other reasons consistent with this act.
  410         (8)Eligible grantees must:
  411         (a)Be a nonprofit, tax-exempt Florida corporation; or
  412         (b)A local or state governmental entity, school district,
  413  community college, college, university, agency of state
  414  government, or artist engaged in or concerned with arts and
  415  cultural activities.
  416         (9)In order to equitably distribute limited state funding,
  417  applicants may apply for and be awarded only one grant per
  418  annual grant cycle, except for cultural facilities, a cultural
  419  endowment, or touring program grants and individual artist
  420  fellowships.
  421         (10)Of the total amount of grant funds available from all
  422  sources for grants, except cultural facilities and cultural
  423  endowments, 70 percent shall be awarded on at least a dollar-to
  424  dollar matching basis. Up to 50 percent of the grantee’s match
  425  may consist of in-kind funds. Up to 30 percent of all grant
  426  funds may be awarded on a nonmatching basis, including
  427  individual fellowships.
  428         (11)The division shall adopt rules to administer and
  429  implement this section.
  430         Section 9. Subsection (1) of section 607.1420, Florida
  431  Statutes, is amended to read:
  432         607.1420 Grounds for administrative dissolution.—
  433         (1) The Department of State may commence a proceeding under
  434  s. 607.1421 to administratively dissolve a corporation if:
  435         (a) The corporation has failed to file its annual report
  436  and or pay the annual report filing fee by 5 p.m. Eastern Time
  437  on the third Friday in September within the time required by
  438  this act;
  439         (b) The corporation is without a registered agent or
  440  registered office in this state for 30 days or more;
  441         (c) The corporation does not notify the Department of State
  442  within 30 days that its registered agent or registered office
  443  has been changed, that its registered agent has resigned, or
  444  that its registered office has been discontinued;
  445         (d) The corporation has failed to answer truthfully and
  446  fully, within the time prescribed by this act, interrogatories
  447  propounded by the Department of State; or
  448         (e) The corporation’s period of duration stated in its
  449  articles of incorporation has expired.
  450         Section 10. Subsections (1) and (2) of section 607.1421,
  451  Florida Statutes, are amended to read:
  452         607.1421 Procedure for and effect of administrative
  453  dissolution.—
  454         (1) If the Department of State determines that one or more
  455  grounds exist under s. 607.1420 for dissolving a corporation, it
  456  shall serve the corporation with written notice of its intention
  457  to administratively dissolve the corporation determination under
  458  s. 607.0504(2), stating the grounds therefor. If the corporation
  459  has provided the department with an electronic mail address,
  460  such notice shall be by electronic transmission. Administrative
  461  dissolution for failure to file an annual report shall occur on
  462  the fourth Friday in September of each year. The Department of
  463  State shall issue a certificate of dissolution to each dissolved
  464  corporation. Issuance of the certificate of dissolution may be
  465  by electronic transmission to any corporation that has provided
  466  the department with an electronic mail address.
  467         (2) If the corporation does not correct each ground for
  468  dissolution under s. 607.1420(1)(b), (c), (d), or (e) or
  469  demonstrate to the reasonable satisfaction of the Department of
  470  State that each ground determined by the department does not
  471  exist within 60 days of issuance of the notice, the department
  472  shall administratively dissolve the corporation by issuing a
  473  certificate of dissolution that recites the ground or grounds
  474  for dissolution and its effective date. Issuance of the
  475  certificate of dissolution may be by electronic transmission to
  476  any corporation that has provided the department with an
  477  electronic mail address.
  478         Section 11. Subsection (1) of section 607.1530, Florida
  479  Statutes, is amended to read:
  480         607.1530 Grounds for revocation of authority to transact
  481  business.—The Department of State may commence a proceeding
  482  under s. 607.1531 to revoke the certificate of authority of a
  483  foreign corporation authorized to transact business in this
  484  state if:
  485         (1) The foreign corporation has failed to file its annual
  486  report with the Department of State by 5 p.m. Eastern Time on
  487  the third Friday in September within the time required by this
  488  act.
  489         Section 12. Subsections (1) and (2) of section 607.1531,
  490  Florida Statutes, are amended to read:
  491         607.1531 Procedure for and effect of revocation.—
  492         (1) If the Department of State determines that one or more
  493  grounds exist under s. 607.1530 for revocation of a certificate
  494  of authority, the Department of State shall serve the foreign
  495  corporation with written notice of its intent to revoke the
  496  foreign corporation’s certificate of authority such
  497  determination under s. 607.15101. If the foreign corporation has
  498  provided the department with an electronic mail address, such
  499  notice shall be by electronic transmission. Revocation for
  500  failure to file an annual report shall occur on the fourth
  501  Friday in September of each year. The department shall issue a
  502  certificate of revocation to each revoked corporation. Issuance
  503  of the certificate of revocation may be by electronic
  504  transmission to any corporation that has provided the department
  505  with an electronic mail address.
  506         (2) If the foreign corporation does not correct each ground
  507  for revocation under s. 607.1530(2)-(7) or demonstrate to the
  508  reasonable satisfaction of the Department of State that each
  509  ground determined by the Department of State does not exist
  510  within 60 days after issuance of notice is perfected under s.
  511  607.15101, the Department of State shall revoke the foreign
  512  corporation’s certificate of authority by issuing signing a
  513  certificate of revocation that recites the ground or grounds for
  514  revocation and its effective date. Issuance of the certificate
  515  of revocation may be by electronic transmission to any foreign
  516  corporation that has provided the department with an electronic
  517  mail address.
  518         Section 13. Paragraph (a) of subsection (1) of section
  519  608.448, Florida Statutes, is amended to read:
  520         608.448 Grounds for administrative dissolution.—
  521         (1) The Department of State may commence a proceeding under
  522  s. 608.4481 to administratively dissolve a limited liability
  523  company if:
  524         (a) The limited liability company has failed to file its
  525  annual report and or pay the annual report filing fee by 5 p.m.
  526  Eastern Time on the third Friday in September within the time
  527  required by this chapter.
  528         Section 14. Subsections (1) and (2) of section 608.4481,
  529  Florida Statutes, are amended to read:
  530         608.4481 Procedure for and effect of administrative
  531  dissolution.—
  532         (1) If the Department of State determines that one or more
  533  grounds exist under s. 608.448 for dissolving a limited
  534  liability company, it shall serve the limited liability company
  535  with written notice of its intent to administratively dissolve
  536  the limited liability company determination, stating the grounds
  537  therefor. If the limited liability company has provided the
  538  department with an electronic mail address, such notice shall be
  539  by electronic transmission. Administrative dissolution for
  540  failure to file an annual report shall occur on the fourth
  541  Friday in September of each year. The Department of State shall
  542  issue a certificate of dissolution to each dissolved limited
  543  liability company. Issuance of the certificate of dissolution
  544  may be by electronic transmission to any limited liability
  545  company that has provided the department with an electronic mail
  546  address.
  547         (2) If the limited liability company does not correct each
  548  ground for dissolution under s. 608.448(1)(b), (c), (d), or (e)
  549  or demonstrate to the reasonable satisfaction of the Department
  550  of State that each ground determined by the Department of State
  551  does not exist within 60 days after issuance of the notice, the
  552  Department of State shall administratively dissolve the limited
  553  liability company by issuing a certificate of dissolution that
  554  recites the ground or grounds for dissolution and its effective
  555  date. Issuance of the certificate of dissolution may be by
  556  electronic transmission to any limited liability company that
  557  has provided the department with an electronic mail address.
  558         Section 15. Subsection (1) of section 608.512, Florida
  559  Statutes, is amended to read:
  560         608.512 Grounds for revocation of authority to transact
  561  business.—The Department of State may commence a proceeding
  562  under s. 608.513 to revoke the certificate of authority of a
  563  foreign limited liability company authorized to transact
  564  business in this state if:
  565         (1) The foreign limited liability company has failed to
  566  file its annual report with the Department of State by 5 p.m.
  567  Eastern Time on the third Friday in September within the time
  568  required by this chapter.
  569         Section 16. Subsections (1) and (2) of section 608.513,
  570  Florida Statutes, are amended to read:
  571         608.513 Procedure for and effect of revocation.—
  572         (1) If the Department of State determines that one or more
  573  grounds exist under s. 608.512 for revocation of a certificate
  574  of authority, the Department of State shall serve the foreign
  575  limited liability company with written notice of its intent to
  576  revoke the foreign limited liability company’s certificate of
  577  authority such determination under s. 608.5101. If the foreign
  578  limited liability company has provided the department with an
  579  electronic mail address, such notice shall be by electronic
  580  transmission. Revocation for failure to file an annual report
  581  shall occur on the fourth Friday in September of each year. The
  582  Department of State shall issue a certificate of revocation to
  583  each revoked foreign limited liability company. Issuance of the
  584  certificate of revocation may be by electronic transmission to
  585  any foreign limited liability company that has provided the
  586  department with an electronic mail address.
  587         (2) If the foreign limited liability company does not
  588  correct each ground for revocation under s. 608.512(2)-(9) or
  589  demonstrate to the reasonable satisfaction of the Department of
  590  State that each ground determined by the Department of State
  591  does not exist within 60 days after issuance of notice is
  592  perfected under s. 608.5101, the Department of State shall
  593  revoke the foreign limited liability company’s certificate of
  594  authority by issuing signing a certificate of revocation that
  595  recites the ground or grounds for revocation and its effective
  596  date. Issuance of the certificate of revocation may be by
  597  electronic transmission to any foreign limited liability company
  598  that has provided the department with an electronic mail
  599  address.
  600         Section 17. Subsection (1) of section 617.1420, Florida
  601  Statutes, is amended to read:
  602         617.1420 Grounds for administrative dissolution.—
  603         (1) The Department of State may commence a proceeding under
  604  s. 617.1421 to administratively dissolve a corporation if:
  605         (a) The corporation has failed to file its annual report
  606  and or pay the annual report filing fee by 5 p.m. Eastern Time
  607  on the third Friday in September within the time required by
  608  this act;
  609         (b) The corporation is without a registered agent or
  610  registered office in this state for 30 days or more;
  611         (c) The corporation does not notify the Department of State
  612  within 30 days after its registered agent or registered office
  613  has been changed, after its registered agent has resigned, or
  614  after its registered office has been discontinued;
  615         (d) The corporation has failed to answer truthfully and
  616  fully, within the time prescribed by this act, interrogatories
  617  propounded by the Department of State; or
  618         (e) The corporation’s period of duration stated in its
  619  articles of incorporation has expired.
  620         Section 18. Subsections (1) and (2) of section 617.1421,
  621  Florida Statutes, are amended to read:
  622         617.1421 Procedure for and effect of administrative
  623  dissolution.—
  624         (1) If the Department of State determines that one or more
  625  grounds exist under s. 617.1420 for administratively dissolving
  626  a corporation, it shall serve the corporation with written
  627  notice of its intent determination under s. 617.0504(2) to
  628  administratively dissolve the corporation, stating the grounds
  629  therefor. If the corporation has provided the department with an
  630  electronic mail address, such notice shall be by electronic
  631  transmission. Administrative dissolution for failure to file an
  632  annual report shall occur on the fourth Friday in September of
  633  each year. The Department of State shall issue a certificate of
  634  dissolution to each dissolved corporation. Issuance of the
  635  certificate of dissolution may be by electronic transmission to
  636  any corporation that has provided the department with an
  637  electronic mail address.
  638         (2) If the corporation does not correct each ground for
  639  dissolution under s. 617.1420(1)(b), (c), (d), or (e) or
  640  demonstrate to the reasonable satisfaction of the Department of
  641  State that each ground determined by the department does not
  642  exist within 60 days after issuance of the notice, the
  643  department shall administratively dissolve the corporation by
  644  issuing a certificate of dissolution that recites the ground or
  645  grounds for dissolution and its effective date. Issuance of the
  646  certificate of dissolution may be by electronic transmission to
  647  any corporation that has provided the department with an
  648  electronic mail address.
  649         Section 19. Subsection (1) of section 617.1530, Florida
  650  Statutes, is amended to read:
  651         617.1530 Grounds for revocation of authority to conduct
  652  affairs.—The Department of State may commence a proceeding under
  653  s. 617.1531 to revoke the certificate of authority of a foreign
  654  corporation authorized to conduct its affairs in this state if:
  655         (1) The foreign corporation has failed to file its annual
  656  report with the Department of State by 5 p.m. Eastern Time on
  657  the third Friday in September within the time required by this
  658  act.
  659         Section 20. Subsections (1) and (2) of section 617.1531,
  660  Florida Statutes, are amended to read:
  661         617.1531 Procedure for and effect of revocation.—
  662         (1) If the Department of State determines that one or more
  663  grounds exist under s. 617.1530 for revocation of a certificate
  664  of authority, the Department of State shall serve the foreign
  665  corporation with written notice of its intent to revoke the
  666  foreign corporation’s certificate of authority such
  667  determination under s. 617.1510. If the foreign corporation has
  668  provided the department with an electronic mail address, such
  669  notice shall be by electronic transmission. Revocation for
  670  failure to file an annual report shall occur on the fourth
  671  Friday in September of each year. The Department of State shall
  672  issue a certificate of revocation to each revoked corporation.
  673  Issuance of the certificate of revocation may be by electronic
  674  transmission to any foreign corporation that has provided the
  675  department with an electronic mail address.
  676         (2) If the foreign corporation does not correct each ground
  677  for revocation under s. 617.1530(2)-(7) or demonstrate to the
  678  reasonable satisfaction of the Department of State that each
  679  ground determined by the Department of State does not exist
  680  within 60 days after issuance of notice is perfected under s.
  681  617.1510, the Department of State shall revoke the foreign
  682  corporation’s certificate of authority by issuing signing a
  683  certificate of revocation that recites the ground or grounds for
  684  revocation and its effective date. Issuance of the certificate
  685  of revocation may be by electronic transmission to any foreign
  686  corporation that has provided the department with an electronic
  687  mail address.
  688         Section 21. Subsections (1), (2), and (3) of section
  689  620.1809, Florida Statutes, are amended to read:
  690         620.1809 Administrative dissolution.—
  691         (1) The Department of State may dissolve a limited
  692  partnership administratively if the limited partnership does
  693  not, within 60 days after the due date:
  694         (a) Pay any fee or penalty due to the Department of State
  695  under this act or other law;
  696         (b) Deliver its annual report to the Department of State by
  697  5 p.m. Eastern Time on the third Friday in September;
  698         (c) Appoint and maintain a registered agent as required by
  699  s. 620.1114; or
  700         (d) Deliver for filing a statement of a change under s.
  701  620.1115 within 30 days after a change has occurred in the name
  702  of the registered agent or the registered office address.
  703         (2) If the Department of State determines that a ground
  704  exists for administratively dissolving a limited partnership,
  705  the Department of State shall serve notice on the limited
  706  partnership of its intent to administratively dissolve the
  707  limited partnership file a record of the determination and send
  708  a copy to the limited partnership. If the limited partnership
  709  has provided the department with an electronic mail address,
  710  such notice shall be by electronic transmission. Administrative
  711  dissolution for failure to file an annual report shall occur on
  712  the fourth Friday in September of each year. The Department of
  713  State shall issue a certificate of dissolution to each dissolved
  714  limited partnership. Issuance of the certificate of dissolution
  715  may be by electronic transmission to any limited partnership
  716  that has provided the department with an electronic mail
  717  address.
  718         (3) If within 60 days after sending notice of dissolution,
  719  the copy the limited partnership does not correct each ground
  720  for dissolution under s. 620.1809(1)(a), (c), or (d) or
  721  demonstrate to the reasonable satisfaction of the Department of
  722  State that each ground determined by the Department of State
  723  does not exist, the Department of State shall administratively
  724  dissolve the limited partnership and issue a certificate by
  725  preparing, signing, and filing a declaration of dissolution that
  726  states the grounds for dissolution. Issuance of the certificate
  727  of dissolution may be by electronic transmission to any limited
  728  partnership that has provided the department with an electronic
  729  mail address. The Department of State shall send the limited
  730  partnership a copy of the filed declaration.
  731         Section 22. Section 620.1906, Florida Statutes, is amended
  732  to read:
  733         620.1906 Revocation of certificate of authority.—
  734         (1) A certificate of authority of a foreign limited
  735  partnership to transact business in this state may be revoked by
  736  the Department of State in the manner provided in subsections
  737  (2) and (3) if the foreign limited partnership does not:
  738         (a) Pay, within 60 days after the due date, any fee or
  739  penalty due to the Department of State under this act or other
  740  law;
  741         (b) Deliver, within 60 days after the due date, its annual
  742  report to the Department of State by 5 p.m. Eastern Time on the
  743  third Friday in September required under s. 620.1210;
  744         (c) Appoint and maintain an agent for service of process as
  745  required by s. 620.1114(2); or
  746         (d) Deliver for filing a statement of a change under s.
  747  620.1115 within 30 days after a change has occurred in the name
  748  or address of the agent.
  749         (2) If the Department of State determines that one or more
  750  grounds exist under s. 620.1906 for revocation of a foreign
  751  limited partnership, it shall notify the foreign limited
  752  partnership of its intent to revoke the foreign limited
  753  partnership’s certificate of authority. If the foreign limited
  754  partnership has provided the department with an electronic mail
  755  address, such notice shall be by electronic transmission.
  756  Revocation for failure to file an annual report shall occur on
  757  the fourth Friday in September of each year. The Department of
  758  State shall issue a certificate of revocation to each revoked
  759  foreign limited partnership. Issuance of the certificate of
  760  revocation may be by electronic transmission to any foreign
  761  limited partnership that has provided the department with an
  762  electronic mail address. In order to revoke a certificate of
  763  authority, the Department of State must prepare, sign, and file
  764  a notice of revocation and send a copy to the foreign limited
  765  partnership. The notice must state:
  766         (a)The effective date of the revocation, which must be at
  767  least 60 days after the date the Department of State sends the
  768  copy.
  769         (b)The foreign limited partnership’s failures to comply
  770  with subsection (1) which are the reason for the revocation.
  771         (3)If within 60 days after sending a notice of revocation,
  772  the foreign limited partnership does not correct each ground for
  773  revocation under s. 620.1906(1)(a), (c), or (d), or demonstrate
  774  to the reasonable satisfaction of the Department of State that
  775  each ground determined by the department does not exist, the
  776  department shall revoke the foreign limited partnership’s
  777  authority to transact business in this state and issue a
  778  certificate of revocation that states the grounds for
  779  revocation. Issuance of the certificate of revocation may be by
  780  electronic transmission to any foreign limited partnership that
  781  has provided the department with an electronic mail address.
  782         (4)(3) The authority of the foreign limited partnership to
  783  transact business in this state ceases on the effective date of
  784  the certificate notice of revocation unless before that date the
  785  foreign limited partnership cures each failure to comply with
  786  subsection (1) stated in the notice. If the foreign limited
  787  partnership cures the failures, the Department of State shall so
  788  indicate on the filed notice.
  789         Section 23. Subsection (3) of section 620.9003, Florida
  790  Statutes, is amended to read:
  791         620.9003 Annual report.—
  792         (3) The Department of State may administratively revoke the
  793  statement of qualification of a partnership that fails to file
  794  its annual report and pay the required filing fee by 5 p.m.
  795  Eastern Time on the third Friday in September. The Department of
  796  State shall serve 60-day notice on the limited liability
  797  partnership of its intent to revoke the statement of
  798  qualification. If the partnership has provided the department
  799  with an electronic mail address, such notice shall be by
  800  electronic transmission. Revocation for failure to file an
  801  annual report shall occur on the fourth Friday in September of
  802  each year. The Department of State shall issue a certificate of
  803  revocation of the statement of qualification to each revoked
  804  partnership. Issuance of the certificate of revocation of the
  805  statement of qualification may be by electronic transmission to
  806  any partnership that has provided the department with an
  807  electronic mail address. The Secretary of State may
  808  administratively revoke the statement of qualification of a
  809  partnership that fails to file an annual report when due or to
  810  pay the required filing fee. The Secretary of State shall
  811  provide the partnership at least 60 days’ written notice of
  812  intent to revoke the statement. The notice is effective 5 days
  813  after it is deposited in the United States mail addressed to the
  814  partnership at its chief executive office set forth in the last
  815  filed statement of qualification or annual report. The notice
  816  must specify the annual report that has not been filed, the fee
  817  that has not been paid, and the date on or after which the
  818  revocation will become effective. The revocation is not
  819  effective if the annual report is filed and the fee is paid
  820  before the effective date of the revocation.
  821         Section 24. Subsection (1) of section 679.525, Florida
  822  Statutes, is amended to read:
  823         679.525 Processing fees.—
  824         (1) Except as otherwise provided in subsection (3), the
  825  nonrefundable processing fee for filing and indexing a record
  826  under this part, other than an initial financing statement of
  827  the kind described in s. 679.5021(3), is:
  828         (a) For filing an initial financing statement, $25 for the
  829  first page, which shall include the cost of filing a termination
  830  statement for the financing statement;
  831         (b) For filing an amendment, $12 for the first page;
  832         (c) For indexing by additional debtor, secured party, or
  833  assignee, $3 per additional name indexed;
  834         (d) For use of a nonapproved form, $5;
  835         (e) For each additional page attached to a record, $3;
  836         (f) For a certified copy of a financing statement and any
  837  and all associated amendments, $30; and
  838         (g) For a photocopy of a filed record, $1 per page; and.
  839         (h)For filing an initial financing statement, an
  840  additional $10 for the first page. Receipts from this fee shall
  841  be deposited into the General Revenue Fund and are not included
  842  in the receipts for purposes of calculating the contractor’s
  843  compensation for performing services regarding the Florida
  844  Secured Transaction Registry.
  845         Section 25. Paragraph (b) of subsection (6) of section
  846  865.09, Florida Statutes, is amended to read:
  847         865.09 Fictitious name registration.—
  848         (6) RENEWAL.—
  849         (b) In the last year of the registration, the division
  850  shall notify the owner or registrant of the expiration of the
  851  fictitious name mail to the last reported mailing address or to
  852  the address of any registered owner of a name a statement of
  853  renewal. If the owner or registrant of the fictitious name has
  854  provided the department with an electronic mail address, such
  855  notice shall be by electronic transmission.
  856         Section 26. This act shall take effect upon becoming a law.
  857  
  858  ================= T I T L E  A M E N D M E N T ================
  859         And the title is amended as follows:
  860         Delete everything before the enacting clause
  861  and insert:
  862                        A bill to be entitled                      
  863         An act relating to the Department of State; amending
  864         s. 15.16, F.S.; authorizing the Department of State to
  865         use electronic transmission to notify and communicate
  866         in the performance of its duties; authorizing the
  867         department to collect e-mail addresses and require
  868         filers and registrants to furnish such e-mail
  869         addresses for presenting documents and filing;
  870         repealing ss. 265.2861, 265.2862, 265.289, 265.608,
  871         265.609, 265.702, and 265.708, F.S., relating to the
  872         Cultural Institutions Program and Trust Fund, general
  873         support program for cultural institutions, audit
  874         information and admission fees for state theater
  875         contract organizations, science museums and grants,
  876         youth and children’s museum and grants, regional
  877         cultural facilities, and historical museum grants;
  878         amending s. 265.281, F.S.; renaming the “Florida Fine
  879         Arts Act of 1980” as the “Florida Arts and Culture
  880         Act”; amending s. 265.282, F.S.; revising legislative
  881         intent to include the promotion of activities
  882         involving arts and culture; providing support for
  883         museums and nonprofit organizations; amending s.
  884         265.283, F.S.; revising and providing definitions;
  885         amending s. 265.284, F.S.; revising the duties and
  886         responsibilities of the Division of Cultural Affairs
  887         within the department to administer funds, sponsor
  888         events encouraging arts and cultural programs, and
  889         enter into certain contracts; requiring that the
  890         division adopt rules; amending s. 265.285, F.S.;
  891         renaming the “Florida Arts Council” as the “Florida
  892         Council on Arts and Culture”; requiring that the
  893         council meet at the request of the division; deleting
  894         provisions authorizing the Secretary of State to
  895         appoint review panels; revising the duties of the
  896         council; amending s. 265.286, F.S.; authorizing the
  897         Secretary of State to appoint review panels
  898         representing arts and cultural disciplines and
  899         programs to assist the council in the grant review
  900         process; providing membership; providing terms;
  901         providing duties and responsibilities; requiring that
  902         the council review grant application lists; requiring
  903         that the secretary review the council’s
  904         recommendations and submit approved lists to the
  905         Legislature by a specified date; establishing
  906         procedures for the awarding and funding of grants;
  907         authorizing the division to provide funding for
  908         certain programs and areas; requiring that the
  909         division adopt rules establishing eligibility
  910         criteria, grant programs, and the panel review
  911         process; requiring that the division award grants
  912         under certain circumstances; establishing eligibility
  913         requirements for grantees; limiting grant awards to
  914         one recipient per grant cycle; providing exceptions;
  915         providing a formula for the distribution of matching
  916         and nonmatching funds; providing for certain in-kind
  917         funds; deleting provisions relating to the division’s
  918         authority to expend appropriated funds for grants;
  919         deleting provisions establishing criteria for such
  920         grants; amending ss. 607.1420 and 607.1421, F.S.;
  921         revising provisions relating to the administrative
  922         dissolution of a corporation by the department to
  923         conform to changes made by the act; amending ss.
  924         607.1530 and 607.1531, F.S.; revising provisions
  925         relating to revocation of a certificate of authority
  926         to conform to changes made by the act; amending ss.
  927         608.448 and 608.4481, F.S.; revising provisions
  928         relating to administrative dissolution of a limited
  929         liability company to conform to changes made by the
  930         act; amending ss. 608.512 and 608.513, F.S.; revising
  931         provisions relating to the revocation of a certificate
  932         of authority of a foreign limited liability company to
  933         conform to changes made by the act; amending ss.
  934         617.1420, 617.1421, 617.1530, 617.1531, 620.1809,
  935         620.1906, and 620.9003, F.S.; conforming provisions to
  936         changes made by the act; amending s. 679.525, F.S.,
  937         relating to processing fees; requiring an additional
  938         fee for filing an initial financing statement;
  939         providing for deposit of receipts into the General
  940         Revenue Fund; prohibiting inclusion of receipts for
  941         calculating contractor’s compensation for performing
  942         services; amending s. 865.09, F.S.; revising
  943         provisions relating to notice of the expiration of a
  944         fictitious name registration; requiring that the
  945         department serve such notice by electronic
  946         transmission if the owner or registrant of the
  947         fictitious name has provided an electronic mail
  948         address to the department; providing an effective
  949         date.