Bill Text: FL S0776 | 2014 | Regular Session | Introduced
Bill Title: Business Entities
Spectrum: Moderate Partisan Bill (Republican 8-1)
Status: (Failed) 2014-05-02 - Died in Appropriations [S0776 Detail]
Download: Florida-2014-S0776-Introduced.html
Florida Senate - 2014 SB 776
By Senator Simpson
18-00880A-14 2014776__
1 A bill to be entitled
2 An act relating to business entities; amending s.
3 605.0213, F.S.; revising the filing fees of a limited
4 liability company; making technical changes; amending
5 s. 607.0122, F.S.; revising the filing fees for a
6 corporation; making technical changes; amending s.
7 607.01401, F.S.; defining the term “department”;
8 creating s. 607.1623, F.S.; requiring a fee to be
9 imposed for late annual reports; specifying the fee;
10 repealing s. 607.193, F.S., relating to a supplemental
11 corporate fee; amending 617.0122, F.S.; revising the
12 filing fees of a corporation not for profit; making
13 technical changes; amending s. 620.1102, F.S.;
14 defining the term “department”; amending s. 620.1109,
15 F.S.; revising the filing fees of a limited
16 partnership; making technical changes; amending s.
17 620.8101, F.S.; defining the term “department”;
18 amending s. 620.81055, F.S.; revising the filing fees
19 of a partnership; making technical changes; amending
20 ss. 339.12, 605.0118, 607.0505, 610.104, and 631.0515,
21 F.S.; conforming cross-references to changes made in
22 the act; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 605.0213, Florida Statutes, is amended
27 to read:
28 605.0213 Fees of the department.—
29 (1) The fees of the department shall collect the following
30 fees on documents delivered to the department for filing under
31 this chapter are as follows:
32 (1) For furnishing a certified copy, $30.
33 (a)(2) For filing Original articles of organization and
34 initial registered agent designation or articles of revocation
35 of dissolution, $125 $100.
36 (b)(3) For filing a Foreign limited liability company’s
37 application for a certificate of authority to transact business
38 and initial registered agent designation, $125 $100.
39 (c)(4) For filing a Certificate of merger of limited
40 liability companies or other business entities, $25 per
41 constituent party to the merger, unless a specific fee is
42 required for a party under other applicable law.
43 (d)(5) For filing an Annual report, $125 $50.
44 (e)(6) For filing an Application for reinstatement after an
45 administrative or judicial dissolution or a revocation of
46 authority to transact business, $100.
47 (f)(7) For filing a Certificate designating a registered
48 agent or changing a registered agent, $25.
49 (g)(8) For filing a Registered agent’s statement of
50 resignation from a an active limited liability company, $25 $85.
51 (9) For filing a registered agent’s statement of
52 resignation from a dissolved limited liability company, $25.
53 (h)(10) For filing a Certificate of conversion of a limited
54 liability company, $25.
55 (i) Articles of revocation of dissolution, $25.
56 (j)(11) For filing Any other limited liability company
57 document, $25.
58 (12) For furnishing a certificate of status, $5.
59 (2) The department shall collect the following fees on
60 documents furnished by the department:
61 (a) Certified copy, $8.75.
62 (b) Certificate of status, $5.
63 Section 2. Section 607.0122, Florida Statutes, is amended
64 to read:
65 607.0122 Fees of the department for filing documents and
66 issuing certificates.—
67 (1) The department of State shall collect the following
68 fees on when the documents described in this section are
69 delivered to the department for filing:
70 (a)(1) Original articles of incorporation and initial
71 registered agent designation, $70: $35.
72 (b)(2) Application for registered name, $25: $87.50.
73 (c)(3) Application for renewal of registered name, $25:
74 $87.50.
75 (d)(4) Corporation’s statement of change of registered
76 agent or registered office or both if not included on the annual
77 report, $25: $35.
78 (e)(5) Designation of and acceptance by registered agent,
79 $25: $35.
80 (f)(6) Agent’s statement of resignation, $25 from active
81 corporation: $87.50.
82 (7) Agent’s statement of resignation from an inactive
83 corporation: $35.
84 (g)(8) Amendment of articles of incorporation, $25: $35.
85 (h)(9) Restatement of articles of incorporation with
86 amendment of articles, $25: $35.
87 (i)(10) Articles of merger or share exchange, $25 for each
88 party thereto: $35.
89 (j)(11) Articles of dissolution, $25: $35.
90 (k)(12) Articles of revocation of dissolution, $25: $35.
91 (l)(13) Application for reinstatement following
92 administrative dissolution,: $600.
93 (m)(14) Application for certificate of authority to
94 transact business in this state by a foreign corporation and
95 initial registered agent designation, $70: $35.
96 (n)(15) Application for amended certificate of authority,
97 $25: $35.
98 (o)(16) Application for certificate of withdrawal by a
99 foreign corporation, $25: $35.
100 (p)(17) Annual report, $125: $61.25.
101 (q)(18) Articles of correction, $25: $35.
102 (19) Application for certificate of status: $8.75.
103 (r)(20) Certificate of domestication of a foreign
104 corporation, $25: $50.
105 (21) Certified copy of document: $52.50.
106 (22) Serving as agent for substitute service of process:
107 $87.50.
108 (23) Supplemental corporate fee: $88.75.
109 (s)(24) Any other document required or permitted to be
110 filed by this act, $25: $35.
111 (2) The department shall collect the following fees on
112 documents furnished by the department:
113 (a) Certified copy, $8.75.
114 (b) Certificate of status, $8.75.
115 (3) The department shall collect a fee of $8.75 to serve as
116 an agent for substitute service of process.
117 Section 3. Present subsections (8) through (31) of section
118 607.01401, Florida Statutes, are redesignated as subsections (9)
119 through (32), respectively, and a new subsection (8) is added to
120 that section, to read:
121 607.01401 Definitions.—As used in this act, unless the
122 context otherwise requires, the term:
123 (8) “Department” means the Department of State.
124 Section 4. Section 607.1623, Florida Statutes, is created
125 to read:
126 607.1623 Annual report late fee.—
127 (1) In addition to the fees required under ss. 605.0213,
128 607.0122, and 620.1109, the department shall collect one of the
129 following late fees:
130 (a) If the annual report fee is remitted after May 1, $125.
131 (b) If the annual report fee is remitted after May 31,
132 $250.
133 (c) If the annual report fee is remitted after June 30,
134 $375.
135 (d) If the annual report fee is remitted after July 31,
136 $400.
137 (2) A late fee under subsection (1) may not be collected if
138 a business entity is administratively dissolved or its
139 certificate of authority is revoked due to its failure to file
140 an annual report and the entity subsequently applies for
141 reinstatement and pays the applicable reinstatement fee.
142 Section 5. Section 607.193, Florida Statutes, is repealed.
143 Section 6. Section 617.0122, Florida Statutes, is amended
144 to read:
145 617.0122 Fees of the department for filing documents and
146 issuing certificates.—
147 (1) The department of State shall collect the following
148 fees on documents delivered to the department for filing:
149 (a)(1) Original articles of incorporation and initial
150 registered agent designation, $70: $35.
151 (b)(2) Application for registered name, $25: $87.50.
152 (c)(3) Application for renewal of registered name, $25:
153 $87.50.
154 (d)(4) Corporation’s statement of change of registered
155 agent or registered office or both if not included on the annual
156 report, $25: $35.
157 (e)(5) Designation of and acceptance by registered agent,
158 $25: $35.
159 (f)(6) Agent’s statement of resignation, $25 from active
160 corporation: $87.50.
161 (7) Agent’s statement of resignation from inactive
162 corporation: $35.
163 (g)(8) Amendment of articles of incorporation, $25: $35.
164 (h)(9) Restatement of articles of incorporation with
165 amendment of articles, $25: $35.
166 (i)(10) Articles of merger, $25 for each party thereto:
167 $35.
168 (j)(11) Articles of dissolution, $25: $35.
169 (k)(12) Articles of revocation of dissolution, $25: $35.
170 (l)(13) Application for reinstatement following
171 administrative dissolution,: $175.
172 (m)(14) Application for certificate of authority to
173 transact business in this state by a foreign corporation and
174 initial registered agent designation, $70: $35.
175 (n)(15) Application for amended certificate of authority,
176 $25: $35.
177 (o)(16) Application for certificate of withdrawal by a
178 foreign corporation, $25: $35.
179 (p)(17) Annual report,: $61.25.
180 (q)(18) Articles of correction, $25: $35.
181 (19) Application for certificate of status: $8.75.
182 (20) Certified copy of document: $52.50.
183 (21) Serving as agent for substitute service of process:
184 $87.50.
185 (r)(22) Certificate of conversion of a limited agricultural
186 association to a domestic corporation, $25: $35.
187 (s)(23) Any other document required or permitted to be
188 filed by this chapter, $25: $35.
189 (2) The department shall collect the following fees on
190 documents furnished by the department:
191 (a) Certified copy, $8.75.
192 (b) Certificate of status, $8.75.
193 (3) The department shall collect a fee of $8.75 to serve as
194 an agent for substitute service of process.
195 (4) A Any citizen support organization that is required by
196 rule of the Department of Environmental Protection to be formed
197 as a nonprofit organization and is under contract with the
198 department is exempt from the any fees required for
199 incorporation as a nonprofit organization, and the Secretary of
200 State may not assess any such fees if the citizen support
201 organization is certified by the Department of Environmental
202 Protection to the Secretary of State as being under contract
203 with the Department of Environmental Protection.
204 Section 7. Present subsections (5) through (26) of section
205 620.1102, Florida Statutes, are redesignated as subsections (6)
206 through (27), respectively, and a new subsection (5) is added to
207 that section, to read:
208 620.1102 Definitions.—As used in this act:
209 (5) “Department” means the Department of State.
210 Section 8. Section 620.1109, Florida Statutes, is amended
211 to read:
212 620.1109 Fees of the department of State; fees.—
213 (1) The department shall collect the following fees on
214 documents delivered to the department for filing In addition to
215 the supplemental corporate fee of $88.75 imposed pursuant to s.
216 607.193, the fees of the Department of State under this act are
217 as follows:
218 (1) For furnishing a certified copy, $52.50 for the first
219 15 pages plus $1.00 for each additional page.
220 (a)(2) For filing an Original certificate of limited
221 partnership and initial registered agent designation, $1,000
222 $965.
223 (b)(3) For filing an Original application for registration
224 as a foreign limited partnership and initial registered agent
225 designation, $1,000 $965.
226 (c)(4) For filing Certificate of conversion, $25 $52.50.
227 (d)(5) For filing Certificate of merger, $25 $52.50 for
228 each party thereto.
229 (e)(6) For filing a Reinstatement application, $500 for
230 each calendar year or part thereof the limited partnership was
231 administratively dissolved or foreign limited partnership was
232 revoked in the records of the Department of State.
233 (f)(7) For filing an Annual report, $125 $411.25.
234 (g)(8) For filing a Certificate:
235 (a) designating a registered agent, $25. $35;
236 (h)(b) Certificate changing a registered agent or
237 registered office address, $25. $35;
238 (i)(c) Certificate resigning as a registered agent, $25.
239 $87.50; or
240 (j)(d) Certificate of amendment or restatement of the
241 certificate of limited partnership, $25. $52.50;
242 (k)(9) For filing a Statement of termination, $25 $52.50.
243 (l)(10) For filing a Notice of cancellation for foreign
244 limited partnership, $25 $52.50.
245 (11) For furnishing a Certificate of status or
246 authorization, $8.75.
247 (m)(12) For filing a Certificate of dissolution, $25
248 $52.50.
249 (n)(13) For filing a Certificate of revocation of
250 dissolution, $25 $52.50.
251 (o)(14) For filing Any other domestic or foreign limited
252 partnership document, $25 $52.50.
253 (2) The department shall collect the following fees on
254 documents furnished by the department:
255 (a) Certified copy, $8.75.
256 (b) Certificate of status or authorization, $8.75.
257 Section 9. Present subsections (4) through (16) of section
258 620.8101, Florida Statutes, are redesignated as subsections (5)
259 through (17), respectively, and a new subsection (4) is added to
260 that section, to read:
261 620.8101 Definitions.—As used in this act, the term:
262 (4) “Department” means the Department of State.
263 Section 10. Section 620.81055, Florida Statutes, is amended
264 to read:
265 620.81055 Fees of the department for filing documents and
266 issuing certificates; powers and authority of the department of
267 State.—
268 (1) The department of State shall collect the following
269 fees on when documents authorized by this act are delivered to
270 the department of State for filing:
271 (a) Partnership registration statement,: $50.
272 (b) Statement of partnership authority,: $25.
273 (c) Statement of denial,: $25.
274 (d) Statement of dissociation,: $25.
275 (e) Statement of dissolution,: $25.
276 (f) Statement of qualification,: $25.
277 (g) Statement of foreign qualification,: $25.
278 (h) Limited liability partnership annual report,: $25.
279 (i) Certificate of merger, for each party thereto: $25.
280 (j) Amendment to any statement or registration,: $25.
281 (k) Cancellation of any statement or registration,: $25.
282 (l) Certified copy of any recording or part thereof:
283 $52.50.
284 (m) Certificate of status: $8.75.
285 (l)(n) Certificate of conversion,: $25.
286 (m)(o) Any other document required or permitted to be filed
287 by this act,: $25.
288 (2) The department shall collect the following fees on
289 documents furnished by the department:
290 (a) Certified copy, $8.75.
291 (b) Certificate of status, $8.75.
292 (3)(2) The department of State has the power and authority
293 reasonably necessary to enable it to administer this act
294 efficiently, to perform the duties imposed upon it by this act,
295 and to adopt rules pursuant to ss. 120.536(1) and 120.54 to
296 implement the provisions of this act conferring duties upon it.
297 Section 11. Paragraph (a) of subsection (4) of section
298 339.12, Florida Statutes, is amended to read:
299 339.12 Aid and contributions by governmental entities for
300 department projects; federal aid.—
301 (4)(a) Prior to accepting the contribution of road bond
302 proceeds, time warrants, or cash for which reimbursement is
303 sought, the department shall enter into agreements with the
304 governing body of the governmental entity for the project or
305 project phases in accordance with specifications agreed upon
306 between the department and the governing body of the
307 governmental entity. The department in no instance is to receive
308 from such governmental entity an amount in excess of the actual
309 cost of the project or project phase. By specific provision in
310 the written agreement between the department and the governing
311 body of the governmental entity, the department may agree to
312 reimburse the governmental entity for the actual amount of the
313 bond proceeds, time warrants, or cash used on a highway project
314 or project phases that are not revenue producing and are
315 contained in the department’s adopted work program, or any
316 public transportation project contained in the adopted work
317 program. Subject to appropriation of funds by the Legislature,
318 the department may commit state funds for reimbursement of such
319 projects or project phases. Reimbursement to the governmental
320 entity for such a project or project phase must be made from
321 funds appropriated by the Legislature, and reimbursement for the
322 cost of the project or project phase is to begin in the year the
323 project or project phase is scheduled in the work program as of
324 the date of the agreement. Funds advanced pursuant to this
325 section, which were originally designated for transportation
326 purposes and so reimbursed to a county or municipality, shall be
327 used by the county or municipality for any transportation
328 expenditure authorized under s. 336.025(7). Also, cities and
329 counties may receive funds from persons, and reimburse those
330 persons, for the purposes of this section. Such persons may
331 include, but are not limited to, those persons defined in s.
332 607.01401(20) s. 607.01401(19).
333 Section 12. Subsection (3) of section 605.0118, Florida
334 Statutes, is amended to read:
335 605.0118 Delivery of record.—
336 (3) If a check is mailed to the department for payment of
337 an annual report fee or the annual fee required under s.
338 607.193, the check shall be deemed to have been received by the
339 department as of the postmark date appearing on the envelope or
340 package transmitting the check if the envelope or package is
341 received by the department.
342 Section 13. Paragraph (b) of subsection (1) and subsections
343 (5) and (6) of section 607.0505, Florida Statutes, are amended
344 to read:
345 607.0505 Registered agent; duties.—
346 (1)
347 (b) Each such corporation, foreign corporation, or alien
348 business organization which fails to have and continuously
349 maintain a registered office and a registered agent as required
350 in this section will be liable to this state for $500 for each
351 year, or part of a year, during which the corporation, foreign
352 corporation, or alien business organization fails to comply with
353 these requirements; but such liability will be forgiven in full
354 upon the compliance by the corporation, foreign corporation, or
355 alien business organization with the requirements of this
356 subsection, even if such compliance occurs after an action to
357 collect such liability is instituted. The Department of Legal
358 Affairs may file an action in the circuit court for the judicial
359 circuit in which the corporation, foreign corporation, or alien
360 business organization is found or transacts business, or in
361 which real property belonging to the corporation, foreign
362 corporation, or alien business organization is located, to
363 petition the court for an order directing that a registered
364 agent be appointed and that a registered office be designated,
365 and to obtain judgment for the amount owed under this
366 subsection. In connection with such proceeding, the Department
367 of Legal Affairs may, without prior approval by the court, file
368 a lis pendens against real property owned by the corporation,
369 foreign corporation, or alien business organization, which lis
370 pendens shall set forth the legal description of the real
371 property and shall be filed in the public records of the county
372 where the real property is located. If the lis pendens is filed
373 in any county other than the county in which the action is
374 pending, the lis pendens which is filed must be a certified copy
375 of the original lis pendens. The failure to comply timely or
376 fully with an order directing that a registered agent be
377 appointed and that a registered office be designated will result
378 in a civil penalty of not more than $1,000 for each day of
379 noncompliance. A judgment or an order of payment entered
380 pursuant to this subsection will become a judgment lien against
381 any real property owned by the corporation, foreign corporation,
382 or alien business organization when a certified copy of the
383 judgment or order is recorded as required by s. 55.10. The
384 Department of Legal Affairs will be able to avail itself of, and
385 is entitled to use, any provision of law or of the Florida Rules
386 of Civil Procedure to further the collecting or obtaining of
387 payment pursuant to a judgment or order of payment. The state,
388 through the Attorney General, may bid, at any judicial sale to
389 enforce its judgment lien, any amount up to the amount of the
390 judgment or lien obtained pursuant to this subsection. All
391 moneys recovered under this subsection shall be treated as
392 forfeitures under ss. 895.01-895.09 and used or distributed in
393 accordance with the procedure set forth in s. 895.09. A
394 corporation, foreign corporation, or alien business organization
395 which fails to have and continuously maintain a registered
396 office and a registered agent as required in this section may
397 not defend itself against any action instituted by the
398 Department of Legal Affairs or by any other agency of this state
399 until the requirements of this subsection have been met.
400 (5) If a corporation, foreign corporation, or alien
401 business organization fails without lawful excuse to comply
402 timely or fully with a subpoena issued pursuant to subsection
403 (2), the Department of Legal Affairs may file an action in the
404 circuit court for the judicial circuit in which the corporation,
405 foreign corporation, or alien business organization is found or
406 transacts business or in which real property belonging to the
407 corporation, foreign corporation, or alien business organization
408 is located, for an order compelling compliance with the
409 subpoena. The failure without a lawful excuse to comply timely
410 or fully with an order compelling compliance with the subpoena
411 will result in a civil penalty of not more than $1,000 for each
412 day of noncompliance with the order. In connection with such
413 proceeding, the Department of Legal Affairs may, without prior
414 approval by the court, file a lis pendens against real property
415 owned by the corporation, foreign corporation, or alien business
416 organization, which lis pendens shall set forth the legal
417 description of the real property and shall be filed in the
418 public records of the county where the real property is located.
419 If the lis pendens is filed in any county other than the county
420 in which the action is pending, the lis pendens which is filed
421 must be a certified copy of the original lis pendens. A judgment
422 or an order of payment entered pursuant to this subsection will
423 become a judgment lien against any real property owned by the
424 corporation, foreign corporation, or alien business organization
425 when a certified copy of the judgment or order is recorded as
426 required by s. 55.10. The Department of Legal Affairs will be
427 able to avail itself of, and is entitled to use, any provision
428 of law or of the Florida Rules of Civil Procedure to further the
429 collecting or obtaining of payment pursuant to a judgment or
430 order of payment. The state, through the Attorney General, may
431 bid, at any judicial sale to enforce its judgment lien, an
432 amount up to the amount of the judgment or lien obtained
433 pursuant to this subsection. All moneys recovered under this
434 subsection shall be treated as forfeitures under ss. 895.01
435 895.09 and used or distributed in accordance with the procedure
436 set forth in s. 895.09.
437 (6) Information provided to, and records and transcriptions
438 of testimony obtained by, the Department of Legal Affairs
439 pursuant to this section are confidential and exempt from the
440 provisions of s. 119.07(1) while the investigation is active.
441 For purposes of this section, an investigation shall be
442 considered “active” while such investigation is being conducted
443 with a reasonable, good faith belief that it may lead to the
444 filing of an administrative, civil, or criminal proceeding. An
445 investigation does not cease to be active so long as the
446 Department of Legal Affairs is proceeding with reasonable
447 dispatch and there is a good faith belief that action may be
448 initiated by the Department of Legal Affairs or other
449 administrative or law enforcement agency. Except for active
450 criminal intelligence or criminal investigative information, as
451 defined in s. 119.011, and information which, if disclosed,
452 would reveal a trade secret, as defined in s. 688.002, or would
453 jeopardize the safety of an individual, all information,
454 records, and transcriptions become public record when the
455 investigation is completed or ceases to be active. The
456 Department of Legal Affairs may shall not disclose confidential
457 information, records, or transcriptions of testimony except
458 pursuant to the authorization by the Attorney General in any of
459 the following circumstances:
460 (a) To a law enforcement agency participating in or
461 conducting a civil investigation under chapter 895, or
462 participating in or conducting a criminal investigation.
463 (b) In the course of filing, participating in, or
464 conducting a judicial proceeding instituted pursuant to this
465 section or chapter 895.
466 (c) In the course of filing, participating in, or
467 conducting a judicial proceeding to enforce an order or judgment
468 entered pursuant to this section or chapter 895.
469 (d) In the course of a criminal or civil proceeding.
470
471 A person or law enforcement agency which receives any
472 information, record, or transcription of testimony that has been
473 made confidential by this subsection shall maintain the
474 confidentiality of such material and shall not disclose such
475 information, record, or transcription of testimony except as
476 provided for herein. Any person who willfully discloses any
477 information, record, or transcription of testimony that has been
478 made confidential by this subsection, except as provided for
479 herein, is guilty of a misdemeanor of the first degree,
480 punishable as provided in s. 775.082 or s. 775.083. If any
481 information, record, or testimony obtained pursuant to
482 subsection (2) is offered in evidence in any judicial
483 proceeding, the court may, in its discretion, seal that portion
484 of the record to further the policies of confidentiality set
485 forth herein.
486 Section 14. Subsection (12) of section 610.104, Florida
487 Statutes, is amended to read:
488 610.104 State authorization to provide cable or video
489 service.—
490 (12) Beginning 5 years after approval of the
491 certificateholder’s initial certificate of franchise issued by
492 the department, and every 5 years thereafter, the
493 certificateholder shall update the information contained in the
494 original application for a certificate of franchise. At the time
495 of filing the information update, the certificateholder shall
496 pay a processing fee of $1,000. Any certificateholder that fails
497 to file the updated information and pay the processing fee on
498 the 5-year anniversary dates shall be subject to cancellation of
499 its state-issued certificate of franchise authority if, upon
500 notice given to the certificateholder at its last address on
501 file with the department, the certificateholder fails to file
502 the updated information and pay the processing fee within 30
503 days after the date notice was mailed. The application and
504 processing fees imposed in this section shall be paid to the
505 Department of State for deposit into the Clearing Funds Trust
506 Fund for immediate transfer by the Chief Financial Officer to
507 the General Inspection Trust Fund of the Department of
508 Agriculture and Consumer Services. The Department of Agriculture
509 and Consumer Services shall maintain a separate account within
510 the General Inspection Trust Fund to distinguish cable franchise
511 revenues from all other funds. The application, any amendments
512 to the certificate, or information updates must be accompanied
513 by a fee to the Department of State equal to that for filing
514 articles of incorporation under s. 607.0122 pursuant to s.
515 607.0122(1).
516 Section 15. Section 631.0515, Florida Statutes, is amended
517 to read:
518 631.0515 Appointment of receiver; insurance holding
519 company.—A delinquency proceeding pursuant to this chapter
520 constitutes the sole and exclusive method of dissolving,
521 liquidating, rehabilitating, reorganizing, conserving, or
522 appointing a receiver of a Florida corporation which is not
523 insolvent as defined by s. 607.01401(17) s. 607.01401(16); which
524 through its shareholders, board of directors, or governing body
525 is deadlocked in the management of its affairs; and which
526 directly or indirectly owns all of the stock of a Florida
527 domestic insurer. The department may petition for an order
528 directing it to rehabilitate such corporation if the interests
529 of policyholders or the public will be harmed as a result of the
530 deadlock. The department shall use due diligence to resolve the
531 deadlock. Whether or not the department petitions for an order,
532 the circuit court does shall not have jurisdiction pursuant to
533 s. 607.271, s. 607.274, or s. 607.277 to dissolve, liquidate, or
534 appoint receivers with respect to, a Florida corporation that
535 which directly or indirectly owns all of the stock of a Florida
536 domestic insurer and that which is not insolvent as defined by
537 s. 607.01401(17) s. 607.01401(16). However, a managing general
538 agent or holding company with a controlling interest in a
539 domestic insurer in this state is subject to jurisdiction of the
540 court under the provisions of s. 631.025.
541 Section 16. This act shall take effect January 1, 2015.
