Florida Statutes 605.09091 – Judicial review of denial of reinstatement
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 605.09091
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the Department of State. See Florida Statutes 605.0102
- Foreign limited liability company: means an unincorporated entity that was formed in a jurisdiction other than this state and is denominated by that law as a limited liability company. See Florida Statutes 605.0102
(1) If the department denies a foreign limited liability company‘s application for reinstatement after revocation of its certificate of authority, the department must serve the foreign limited liability company, pursuant to s. 605.0117(2), with a written notice that explains the reason or reasons for the denial.
(2) Within 30 days after service of a notice of denial of reinstatement, a foreign limited liability company may appeal the denial by petitioning the Circuit Court of Leon County to set aside the revocation. The petition must be served on the department and must contain a copy of the department’s notice of revocation, the foreign limited liability company’s application for reinstatement, and the department’s notice of denial.
(3) The circuit court may order the department to reinstate the certificate of authority of the foreign limited liability company or take other action the court considers appropriate.
(4) The circuit court’s final decision may be appealed as in other civil proceedings.