Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 346
       
       
       
       
       
       
                                Ì334308&Î334308                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/06/2017           .                                
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       The Committee on Governmental Oversight and Accountability
       (Stargel) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 52 - 110
    4  and insert:
    5  division, provide its Florida document number assigned by the
    6  division, and provide its federal employer identification number
    7  if the entity has such a number.
    8         5.(d) Certification by at least one registrant the
    9  applicant that the intention to register such fictitious name
   10  has been advertised at least once in a newspaper as defined in
   11  chapter 50 in the county in which where the principal place of
   12  business of the registrant is or applicant will be located.
   13         6.(e) Any other information the division may reasonably
   14  deem necessary to adequately inform other governmental agencies
   15  and the public as to the registrant persons so conducting
   16  business.
   17         (b) Such registration statement shall be accompanied by the
   18  applicable processing fees and any other taxes or penalties owed
   19  to the state.
   20         (c) If the registrant is a general partnership that is not
   21  registered with the division, its partners are the registrants
   22  and not the partnership entity. If the registrant is a general
   23  partnership that is registered with the division, the
   24  partnership is the registrant and must be in active status with
   25  the division.
   26         (4) CANCELLATION AND REREGISTRATION CHANGE OF OWNERSHIP.—If
   27  a registrant ceases to engage in business under a registered
   28  fictitious name, such registrant the ownership of a business
   29  registered under this section changes, the owner of record with
   30  the division shall file a cancellation with the division and
   31  reregistration that meets the requirements set forth in
   32  subsection (3) within 30 days after the cessation occurs the
   33  occurrence of such change. If such cessation is in connection
   34  with a transfer of the business and, as a result, a new person
   35  will engage in business under the registered fictitious name,
   36  such new person may reregister the name pursuant to subsection
   37  (3) at the same time as the cancellation is filed.
   38         (5) TERM.—
   39         (a) A fictitious name registered under this section shall
   40  be valid for a period beginning on the date of registration and
   41  expiring on December 31 of the 5th calendar year thereafter,
   42  counting the period from registration through December 31 of the
   43  year of registration as the first calendar year.
   44         (b) Each renewal under subsection (6) is valid for a period
   45  of 5 years beginning on January 1 of the year following the
   46  prior registration expiration date and expiring of 5 years and
   47  expires on December 31 of the 5th calendar year.
   48         (6) RENEWAL.—
   49         (a) Renewal of a fictitious name registration shall occur
   50  on or after January 1 and on or before December 31 of the
   51  expiration year. Upon timely filing of a renewal statement, the
   52  effectiveness of the name registration is continued for 5 years
   53  as provided in subsection (5).
   54         (b) In the last year that a of the registration is to
   55  expire, the division shall notify the owner or registrant of the
   56  fictitious name registration of the upcoming expiration of the
   57  fictitious name no later than September 1. If the owner or
   58  registrant of the fictitious name has provided the division
   59  department with an electronic mail address, such notice shall be
   60  by electronic transmission.
   61         (c) If a registrant the owner of the fictitious name
   62  registration fails to timely file a renewal and pay the
   63  appropriate processing fees on or before prior to December 31 of
   64  the year of