Florida 2023 2023 Regular Session

Florida House Bill H0909 Introduced / Bill

Filed 02/16/2023

                       
 
HB 909  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0909-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to electronic filing of records with 2 
the Department of State; amending s. 15.16, F.S.; 3 
authorizing the department to implement a password 4 
protected system for the electronic filing of certain 5 
records; providing that a person using the system may 6 
be required to verify his or her credentials and 7 
provide supplemental materials to the department; 8 
authorizing the department to allow certain entit ies 9 
to identify authorized account holders for a certain 10 
purpose; requiring the department to use certain e -11 
mail addresses as the initial authorized account 12 
holder and send certain codes to such e -mail 13 
addresses; authorizing the department to require the 14 
verification of certain identities; providing an 15 
effective date. 16 
 17 
Be It Enacted by the Legislature of the State of Florida: 18 
 19 
 Section 1.  Subsection (3) of section 15.16, Florida 20 
Statutes, is amended to read: 21 
 15.16  Reproduction of records; admissibi lity in evidence; 22 
electronic receipt and transmission of records; certification; 23 
acknowledgment.— 24 
 (3)  The Department of State may cause to be received 25     
 
HB 909  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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electronically any records that are required to be filed with it 26 
pursuant to chapter 55, chapter 117, c hapter 118, chapter 495, 27 
chapter 605, chapter 606, chapter 607, chapter 610, chapter 617, 28 
chapter 620, chapter 621, chapter 679, chapter 713, or chapter 29 
865, through facsimile or other electronic transfers, for the 30 
purpose of filing such records. The department may implement a 31 
password protected system for the filing of such records. A 32 
person using the password protected system to electronically 33 
file a record may be required to verify his or her credentials 34 
and provide supplemental materials to the departme nt, including 35 
his or her original signature. The department may allow an 36 
entity organized under a chapter specified in this subsection to 37 
identify authorized account holders for the purpose of 38 
electronically filing records related to the entity. The 39 
department shall use the e -mail address on file with the 40 
Division of Corporations on January 1, 2024, as the initial 41 
authorized account holder and shall send to that e -mail address 42 
a code providing access to the password protected system. The 43 
department may require verification of the identity of an 44 
authorized account holder before such account holder may file a 45 
record with the department through the password protected 46 
system. The originals of all such electronically transmitted 47 
records must be executed in the ma nner provided in paragraph 48 
(5)(b). The receipt of such electronic transfer constitutes 49 
delivery to the department as required by law. The department 50     
 
HB 909  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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may use electronic transmissions for purposes of notice in the 51 
administration of chapters 55, 117, 118, 495 , 605, 606, 607, 52 
610, 617, 620, 621, 679, and 713 and s. 865.09. The Department 53 
of State may collect e -mail addresses for purposes of notice and 54 
communication in the performance of its duties and may require 55 
filers and registrants to furnish such e -mail addresses when 56 
presenting documents for filing. 57 
 Section 2.  This act shall take effect July 1, 2023. 58