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Secretary of State of Florida

From Wikipedia, the free encyclopedia

Secretary of State of Florida
Seal of Florida.svg
Incumbent
Laurel M. Lee

since January 28, 2019
Inaugural holderJames T. Archer
1845
FormationFlorida Constitution
1838
Websitewww.dos.state.fl.us

The Secretary of State of Florida is a constitutional officer of the state government of the U.S. state of Florida, established by the original 1838 state constitution.[1]

Like the corresponding officials in other states, the original charge of the Secretary of State — to be the "Keeper of the Great Seal" — has expanded greatly since the office was first created. According to the state website, "Today, the Secretary of State is Florida's Chief of Elections, Chief Cultural Officer, the State Protocol Officer and the head of the Department of State."[1]

Seal of Florida.svg
This article is part of a series on the
politics and government of
Florida

The current secretary is Laurel M. Lee.[2]

YouTube Encyclopedic

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  • ✪ Florida LLC - Filing Forms & Documents
  • ✪ Florida LLC - Certificate of Status
  • ✪ Florida LLC - Certified Copy (of Articles of Organization)
  • ✪ Florida LLC - Annual Report

Transcription

Articles of Organization. In order to form your LLC, the Articles of Organization must be filed with the Division of Corporations. The Articles of Organization are the LLC "formation documents", and once approved by the Division they, create your LLC by state statute. Your desired LLC name must be available for use. Please make sure you have watched the Name Research Video in Lesson 1. You will need to provide the State with your Principal Office Address as well as a Mailing Address. It is common that both addresses are the same. You are not allowed to use a PO Box for your Principal Office Address, but you can use a PO Box for your Mailing Address. The Principal Office Address can be considered your "main" business address. You can use the Mailing Address if you would like your business mail sent elsewhere. Again, it is common that both addresses will be the same. Neither of these addresses have to be Florida addresses In Florida, a Registered Agent must be appointed for your LLC. A Registered Agent must have a business address located in the state of Florida. A Registered Agent serves as a point of contact in case legal papers need to be sent to your LLC and the state has been unsuccessful in contacting you or your LLC. Consider it an emergency contact. All business mail and tax-related documents will still be sent to your Mailing Address. A Registered Agent can either be an individual person or an entity (such as an LLC, a Corporation, or another company). Furthermore, a Registered Agent can be yourself or can be someone you know. You must have them agree to be your Registered Agent, as they will need to sign the Articles of Organization. If you do not have a Florida address and you do not know anyone in the state who can act as your LLC's agent, you can hire the services of a Commercial Registered Agent. Typical annual fees range from $100-130 per year. There is a link below this video to Northwest Registered Agent. They come highly recommended and have been in the business for 15 years. They also provide Registered Agent services in all 50 states. To form your Florida LLC, you will need to send in your Articles of Organization along with your filing fee. The filing fee is $125. The $125 fee must be made payable to "Florida Department of State". The State will accept check, money order or cashier's check. Any form of personal or business check is okay, and the address on the check does not have to be in Florida. When filing your Articles of Organization, it is optional to obtain a Certified Copy as well as a Certificate of Status. A Certified Copy is $30 and a Certificate of Status is $5. A Certified Copy of the (Articles of Organization) is a certificate, with a watermark and state seal. It has a copy of the Articles of Organization along with it and states "I certify the attached is a true and correct copy of the Articles of Organization for XYZ LLC, a Florida Limited Liability Company" filed on such-and-such date, as shown by records of this office". A Certificate of Status is also known as a "Certificate of Good Standing"or a "Certificate of Authority" It is a document with a state seal and a watermark, which provides evidence that your LLC has been properly registered with the State of Florida. Many times, when opening a bank account, obtaining business licenses, or dealing with certain institutions, it will be requested of you to provide a Certified Copy of your Articles of Organization and/or your Certificate of Status. If money is an issue, you can simply file the Articles of Organization now and then wait until either document is requested. Both the Certified Copy and the Certificate of Status can be obtained after your initial filing. There are 2 additional videos below this which will walk you through those steps if you choose to wait until after you file your Articles of Organization. Florida requires all LLCs to file what is known as an Annual Report in order to maintain "active status". The Annual Report is due every year and must be filed between January 1st and May 1st. If your Annual Report is not submitted by May 1st, there is a non-negotiable late fee of $400. Your LLC's 1st Annual Report will be due between January 1st and May 1st of the calendar year following the year of formation. For example, if your LLC is formed on April 1st, 2010, your 1st Annual Report will be due between January 1st and May 1st of 2011. The purpose of the Annual Report is to keep your business records updated with the Division of Corporations. You are allowed to include changes of membership (such as new members), address changes, etcetera, changes in Registered Agent, and changes of the business and/or Mailing Address. The Annual Report will not allow you to change the name of your LLC. If you wish to change your LLC name, you will need to file what is known as an "Amendment". Even if there are no changes to your LLC, you are still required to file the Annual Report each year. The Annual Report can only be filed online and the fee is $138.75. Payment options are via debit or credit card. When you file your Articles of Organization, you will use an email address on your Cover Letter. Sometime between January 1st and may 1st, the Division of Corporations will send you a courtesy email reminder to file your Annual Report. We also recommend putting it on your calendar, because even if you don't receive the reminder, you still need to file your Annual Report. Failure to file your Annual Report will result in the administrative dissolution or revocation of your LLC. Simply put, they will shut down your LLC if you don't file the Annual Report. Once the Annual Report is filed, you can log into the Division of Corporations' website and print out a copy. This typically takes 24-48 hours. Some things to have ready prior to filing your Articles of Organization are the address of your LLC, the name and address of your LLC's Registered Agent. Remember this can be yourself, someone you know, or a Commercial Registered Agent. The only requirement is that their address must be in the State of Florida. And whether or not you would like to order a Certified Copy and or Certificate of Status along with your filing. We will go into details on all the above in just a few minutes. A Letter of Acknowledgement will be mailed to you at no charge once your LLC filing is approved. This is the initial correspondence from the State, telling you that the LLC has been registered and that you may now conduct business as the LLC. Typical turnaround time for LLC approval is 5-10 business days. Until that point, do not order your EIN, register any domain names, or start to use your LLC name until you receive approval from the State. If there are any errors with your filing or if your desired LLC name is not available for use, the State will simply send back your documentation along with instructions on what needs to be corrected. If anything in this presentation sounded confusing, do not worry we will go through the steps in detail. You can download the Articles of Organization below this video. Let's get started and fill out the Articles of Organization. Here we are inside the Articles of Organization. This is a 5-page document. Pages 1 and 2 have instructions on them. You can read through them if you like, but we've already covered this information in this video. Page 3 is the Cover Letter, and page 4 and page 5 are actually pages 1 and 2 of the actual Articles of Organization. Let's get started and let's start with the Cover Letter. Please note that this form can be filled out on the computer, or it can be printed and filled out by hand. If you fill it out by hand, please use black ink. Make sure to print the document on white paper that is letter-sized (that's your standard 8-and-half-by-11). Also, I have a professional version of Adobe Acrobat. You may just have the simple version of Adobe Reader and you may not have as much functionality in order to edit and type inside the document. If that's the case, again simply print out the document and fill it out by hand. At the top of the Cover Letter, under "Subject", you're going to list the name of your LLC. I'm going to be using a sample company for this video. Make sure to include the abbreviation "LLC: or "L . L . C .". You can see in this sample here, I do not have a comma. Sometimes you'll see a comma like it would be "ABC Widgets, LLC". The comma is not required, so you can use one if you like or you can leave it out if you prefer. Next, you're going to list your name and your address, as well as your email address, your name again, and your phone number. This is simply correspondence information. This is where the documents are going to be sent back to, and this is where the State's going to call there any questions. I filled in some sample information. You can leave the firm/company field blank, or you can list your existing company name there if you'd like. Let's scroll down a little bit further. In the next section you're going to see the Mailing Address. This is where you're going to send your check or money order along with the Articles of Organization. Above here, you have 4 options: you can simply just pay $125 for the filing fee, you can pay $125 + $5 for the Certificate of Status, you can pay $125 + $30 for the Certified Copy, or you can pay $160 for the filing fee, the Certificate of Status and the Certified Copy. If money's a little tight, you can just go ahead and pay the $125 filing fee and then you can order the Certificate of Status and the Certified Copy at a later date if you need, or if the 160 dollars is not that much of an issue, we recommend you check out the last box and just get all of them now, and then you have it. If you need it, let's scroll down to the next page. This is page 4 of the PDF, which is actually page 1 of the Articles of Organization. Under Article 1 (the Name), I'm going to enter the name of the LLC. Under Article 2 (the Address), you're going to list the Principal Office Address as well as the Mailing Address. You cannot use a PO Box for the Principal Office Address, but you can use a PO Box for the Mailing Address. The Principal Office Address is where the LLC where the business is actually located, and the Mailing Address will be used if you wanted to receive your mail somewhere else. For this example, the Principal Office Address and the Mailing Address are the same. I'm going to fill those in now. Next in Article 3, I'm going to list the name and the address of the Registered Agent. For this example, I'm going to be the Registered Agent for my LLC because I have an address located in Florida. You cannot list the PO Box here for the Registered Agent (it has a physical street address). Again, the Registered Agent can be you, it can be someone you know, or it can be a commercial Registered Agent that you've hired such as Northwest Registered Agent. I'm going to fill my information in this box now. 1 other important thing to note is that your LLC cannot be its own Registered Agent. However, any member of the LLC can be, and again for this example I'm going to be the Registered Agent for my LLC. If you decide to use Northwest Registered Agent, you'll actually need to download the other Articles of Organization that we have below this video, the reason being is that if I scroll down, you'll notice here that once this document is printed, you need to have the Registered Agent sign. In this case, because I'm going to be the Registered Agent for my LLC, it's quite simple, and I'm just going to sign here when I print this out. However, if you use a Commercial Registered Agent Company, you'll need to get this document from them because they'll have it pre-signed. We have a pre-signed Articles of Organization from Northwest Registered Agent, and you can download that below this video. So again, if it's you or someone you know, simply print this document, have them sign on this line, or if you're using a Commercial Registered Agent, you're going to need to get the document from them 1st. If you're using Northwest Registered Agent, you can just download the other Articles of Organization below this video. Let's move on to page 2. In Article 4, you're going to list the names and addresses of the member or the LLC members. And then to the left, you're going to abbreviate their title. For the title you're going to abbreviate "AMBR" for an authorized member. Over 95% of our customers are member-managed LLCs, where the members of the LLC run the business and they have not hired a manager to do so. In your case, you're mostly going to use this abbreviation. I've entered "AMBR" in the box to the left, and then I would just repeat this process for each additional number. For this example, this is just a single-member LLC, but you may have 2-3 members. Make sure to list out all their information here, their names and addresses, and put a MBR on the left under "Title". Scrolling down, Section 5 (the Effective Date), you can leave this blank. What that means is that this LLC will be effective when it's received and then approved by the State. 1 small thing to note about the effect of dates: let's say that you're forming this LLC in the month of December (and maybe it's December 15th December, 20th) and you don't actually need the business open until January of next year, we recommend waiting and just filing a document in January. That way, you don't owe taxes for 15 days in the prior year, and it avoids any confusion. Under Article 6 (Other Provisions) you can leave that blank. Scrolling down (Required Signature), you're going to list your name here (you're going to type or print your name), and then after you print this document out, you're going to sign here on this line. Remember, this document does not need to be notarized: you're simply going to print it out, sign, and send this along with your check or money order made payable to the State, and you can find the address where to send that to within your Articles of Organization, or you can find that information below this video. And that concludes this Lesson.

Contents

History

During the territorial period of Florida, the Secretary of the Territory was one of two major appointed positions within the executive department of the territory. Like the governor, the secretary was originally appointed by the president of the United States and confirmed by Congress. The job of the secretary was similar to that of a modern-day Lieutenant Governor, assuming administrative responsibilities of the territory in the absence of the governor. For example, the first Secretary of the Territory George Walton served as Acting Governor of the Territory until William P. Duval assumed office later that year. Walton was the first civilian to act in this capacity following the American acquisition of Florida.

The modern-day Department of State and the position of Secretary of State dates to 1845, when Florida achieved statehood. Originally, the Secretary of State of Florida was elected by the people of the state in a general election. However, in 1998,[3] constitutional changes removed the Secretary of State from the elected Cabinet of the executive branch.[4] That year, Katherine Harris won the last election for Secretary of State.[5]

Since 2002, the Secretary of State of Florida has been appointed by the Governor.[6]

List of Secretaries of the Territory of Florida

# Name Term of Service
1 George Walton 1822–1827
2 William M. McCarty 1827–1829
3 James Westcott 1829–1834
4 George K. Walker 1834–1835
5 John P. Duval 1837–1839
6 Joseph McCants 1840–1841
7 Thomas H. Duval 1841–1845

List of Secretaries of the State of Florida

Secretaries of State by party affiliation
Party Secretaries of State
Republican 19
Democratic 16
Whig 1
# Name Term of Service Political Party
1 James T. Archer 1845–1848 Democratic
2 Augustus Maxwell 1848–1849 Democratic
3 Charles W. Downing, Jr. 1849–1853 Whig
4 Frederick L. Villepigue 1853–1863 Democratic
5 Benjamin F. Allen 1863–1868 Democratic
6 George J. Alden 1868 Republican
7 Jonathan Clarkson Gibbs 1868–1873 Republican
8 Samuel Mclin 1873–1877 Republican
9 William D. Bloxham 1877–1880 Democratic
10 Frederick W. A. Rankin, Jr. 1880–1881 Democratic
11 John Lovic Crawford 1881–1902 Democratic
12 Henry Clay Crawford 1902–1929 Democratic
13 William Monroe Igou 1929–1930 Democratic
14 Robert Andrew Gray 1930–1961 Democratic
15 Thomas Burton Adams, Jr. 1961–1971 Democratic
16 Richard B. Stone 1971–1974 Democratic
17 Dorothy Glisson 1974–1975 Democratic
18 Bruce Smathers 1975–1978 Democratic
19 Jesse J. McCrary, Jr. 1978–1979 Democratic
20 George Firestone 1979–1987 Democratic
21 James C. Smith 1987–1995 Republican
22 Sandra Mortham 1995–1999 Republican
23 Katherine Harris 1999–2002 Republican
24 James C. Smith 2002–2003 Republican
25 Ken Detzner 2003 Republican
26 Glenda Hood[a] 2003–2005 Republican
27 David E. Mann 2005 Republican
28 Sue M. Cobb 2005–2007 Republican
29 Kurt S. Browning 2007–2010 Republican
30 Dawn K. Roberts 2010–2011 Republican
31 Jennifer Kennedy 2011 Republican
32 Kurt S. Browning 2011–2012 Republican
33 Ken Detzner 2012–2019 Republican
34 Mike Ertel 2019 Republican
35 Jennifer Kennedy 2019 Republican
36 Laurel M. Lee 2019–present Republican
  1. ^ Starting in 2003, the Florida Secretary of State was no longer an elective position. Rather, Secretaries of State are now appointed directly by the Governor of Florida.

See also

References

  1. ^ a b "Florida Department of State website". 2007. Retrieved July 7, 2008.
  2. ^ http://www.sunshinestatenews.com/story/laurel-m-lee-appointed-florida-secretary-state
  3. ^ "State and Local Government-Florida Executive Branch". The Green Papers. Retrieved August 18, 2011.
  4. ^ "Florida Legislature website: Florida Constitution". Leg.state.fl.us. Retrieved August 18, 2011.
  5. ^ "Florida Secretary of State". Our Campaigns.com. Retrieved August 18, 2011.
  6. ^ "Glenda Hood Steps Down as Secretary of State". Office of Secretary of State. November 1, 2005. Retrieved August 18, 2011.

External links

This page was last edited on 6 January 2020, at 18:28
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