Archive for June, 2010


The office of the State of Florida Chief Financial Officer has published a special bulletin on the Deepwater Horizon Oil Spill.  Included in the bulletin is information on filing claims with BP, including suggested documentation to assemble in support of a claim, an overview of covered claims, and information on what agency to contact to appeal a claim denied by BP.

Of interest to small businesses affected by the disaster, there is information on the available Florida Small Business Emergency Bridge Loan Program being administered by Florida First Capital Finance Corporation, and federal disaster recovery loans being administered by the Small Business Administration (SBA).  There is also a link to a listing of Florida Gulf Recovery Jobs, information on how to enroll a commercial boat in the Vessels of Opportunity program, and a pending state tax amnesty period for those affected.

If you require assistance with the BP claims process or in evaluating your options with respect to available disaster recovery programs, contact a Florida environmental or business lawyer.

Robert W. Bivins of Bivins & Hemenway, P.A., was interviewed by AM 540 WFLA Orlando‘s Bud Hedinger regarding the BP/Deepwater Horizon oil disaster and its legal liability ramifications.  Click here to listen to the interview.  See also the news section of our updated website at http://www.bhpalaw.com/news.html.

Annual Reports

on June 1, 2010 in Business Law | Comments Off

All Florida business entities must file an annual report with the Division of Corporations by May 1st of each year.  The deadline for 2010 has of course passed, so late filings are now subject to a late fee of $400.00 in addition to the regular filing fee, which is currently $150.00 for corporations and $138.75 for limited liability companies.  While this is old news, there has been a recent development with respect to the late fees:  a 2010 legislative change has repealed the authority of the Division of Corporations to waive the late fee.  Accordingly, all companies, except non-profit corporations, that have not filed their 2010 annual reports will now be required to pay the late fee.

Note that it is important to file, even if late, to avoid being administratively dissolved.  Typically in September of each year the Division will dissolve all companies which have not filed their annual report.  To revive a company after dissolution requires an additional reinstatement fee of up to $600.00; failure to reinstate limits the legal authority of the company to certain statutory powers which essentially only allow the company to wind down or liquidate.

If you require assistance in filing your company’s annual report or in understanding the steps to reinstate a business entity, contact a Florida business lawyer.