Florida Statute 617.0126 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 617
CORPORATIONS NOT FOR PROFIT

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F.S. 617.0126

617.0126 Appeal from Department of State’s refusal to file document.—If the Department of State refuses to file a document delivered to its office for filing, within 30 days after return of the document by the department by mail, as evidenced by the postmark, the domestic or foreign corporation may:

(1) Appeal the refusal pursuant to s. 120.68; or

(2) Appeal the refusal to the circuit court of the county where the corporation’s principal office (or, if none in this state, its registered office) is or will be located. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the Department of State’s explanation of its refusal to file. The matter shall promptly be tried de novo by the court without a jury. The court may summarily order the Department of State to file the document or take other action the court considers appropriate. The court’s final decision may be appealed as in other civil proceedings.

History.—s. 9, ch. 90-179.

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Amendments to 617.0126

Arrestable Offenses / Crimes under Fla. Stat. 617.0126

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 617.0126.

Annotations, Discussions, Cases:

Cases Citing Statute 617.0126

Total Results: 1

Penney v. Penney

Court: Supreme Court of Florida | Date Filed: 1941-04-18

Citation: 1 So. 2d 883, 146 Fla. 652, 1941 Fla. LEXIS 1207

Snippet: 201, 93 So. 186; Hancock v. Dupree, 100 Fla. 617, 126 So. 822. "It is the father's responsibility to