181.0211(1) (1) A person on whose behalf a filed record was delivered to the department for filing may correct the record if any of the following applies:

181.0211(1)(a) (a) The record at the time of filing was inaccurate.

181.0211(1)(b) (b) The record was defectively signed.

181.0211(1)(c) (c) The electronic transmission of the record to the department was defective.

181.0211(2) (2) To correct a filed record, a person on whose behalf the record was delivered to the department must deliver to the department for filing a statement of correction.

181.0211(3) (3) 

181.0211(3)(a) (a) A statement of correction may not state a delayed effective date.

181.0211(3)(b) (b) A statement of correction must satisfy all of the following:

181.0211(3)(b)1. 1. It must be signed by the person correcting the filed record.

181.0211(3)(b)2. 2. It must identify the filed record to be corrected.

181.0211(3)(b)3. 3. It must specify the inaccuracy or defect to be corrected.

181.0211(3)(b)4. 4. It must correct the inaccuracy or defect.

181.0211(4) (4) A statement of correction is effective as of the effective date of the filed record that it corrects except as to persons relying on the uncorrected filed record and adversely affected by the correction. For those purposes and as to those persons, the statement of correction is effective when filed.

181.0211 History History: 2021 a. 258.

181.0212 181.0212 Duty of department to file; review of refusal to file; delivery of record by department.

181.0212(1) (1) The department shall file a record delivered to the department for filing which satisfies this chapter. The duty of the department under this section is ministerial.

181.0212(2) (2) When the department files a record, the department shall record it as filed on the date of its delivery. After filing a record, the department shall deliver to the person that submitted the record a copy of the record with an acknowledgment of the date of filing.

181.0212(3) (3) If the department refuses to file a record, the department shall, not later than 5 business days after the record is delivered, do all of the following:

181.0212(3)(a) (a) Return the record or notify the person that submitted the record of the refusal.

181.0212(3)(b) (b) Provide a brief explanation in a record of the reason for the refusal.

181.0212(4) (4) If the department refuses to file a record, the person that submitted the record may petition the circuit court to compel filing of the record. The record and the explanation of the department of the refusal to file must be attached to the petition. The court may decide the matter in a summary proceeding.

181.0212(5) (5) If a record that has been refused for filing by the department is resubmitted and filed by the department, the effective date of the filed record is the date that the resubmitted record is received by the department for filing or a delayed effective date specified in the resubmitted record in accordance with s. 181.0209 (2).

181.0212(6) (6) The filing of or refusal to file a record does not create a presumption of any of the following:

181.0212(6)(a) (a) That the record does or does not conform to the requirements of this chapter.

181.0212(6)(b) (b) That the information contained in the record is correct or incorrect.

181.0212(7) (7) Except as otherwise provided by s. 181.0504 or 181.1510 or by law other than this chapter, the department may deliver any record to a person by delivering it in any of the following ways:

181.0212(7)(a) (a) In person to the person that submitted it.

181.0212(7)(b) (b) To the e-mail or street address of the person’s registered agent.

181.0212(7)(c) (c) To the principal office of the person.