CS/HB 909 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0909-01-c1
Page 1 of 3
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
CS/HB 909 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0909-01-c1
Page 2 of 3
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
electronically any records that are required or authorized to be 26
filed with it pursuant to chapter 48, chapter 55, chapter 117, 27
chapter 118, chapter 495, chapter 605, chapter 606, chapter 607, 28
chapter 610, chapter 617, chapter 620, chapter 621, chapter 679, 29
chapter 713, or chapter 865, through facsimile or other 30
electronic transfers, for the purpose of fili ng such records. 31
The department may implement a password protected system for the 32
filing of such records. A person using the password protected 33
system to electronically file a record may be required to verify 34
his or her credentials and provide supplemental materials to the 35
department, including his or her original signature. The 36
department may allow an entity organized under a chapter 37
specified in this subsection to identify authorized account 38
holders for the purpose of electronically filing records related 39
to the entity. The department shall use the e -mail address on 40
file with the Division of Corporations on January 1, 2024, as 41
the initial authorized account holder and shall send to that e -42
mail address a code providing access to the password protected 43
system. The department may require verification of the identity 44
of an authorized account holder before such account holder may 45
file a record with the department through the password protected 46
system. The originals of all such electronically transmitted 47
records must be executed in the manner 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
CS/HB 909 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0909-01-c1
Page 3 of 3
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
may use electronic transmissions for purposes of notice in the 51
administration of chapters 48, 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