Florida 2023 Regular Session

Florida House Bill H0909 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to electronic filing of records with 2
1616 the Department of State; amending s. 15.16, F.S.; 3
1717 authorizing the department to implement a password 4
1818 protected system for the electronic filing of certain 5
1919 records; providing that a person using the system may 6
2020 be required to verify his or her credentials and 7
2121 provide supplemental materials to the department; 8
2222 authorizing the department to allow certain entit ies 9
2323 to identify authorized account holders for a certain 10
2424 purpose; requiring the department to use certain e -11
2525 mail addresses as the initial authorized account 12
2626 holder and send certain codes to such e -mail 13
2727 addresses; authorizing the department to require the 14
28-verification of certain identities through the use of 15
29-certain methods; providing an effective date. 16
28+verification of certain identities; providing an 15
29+effective date. 16
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3131 Be It Enacted by the Legislature of the State of Florida: 18
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3333 Section 1. Subsection (3) of section 15.16, Florida 20
3434 Statutes, is amended to read: 21
3535 15.16 Reproduction of records; admissibi lity in evidence; 22
3636 electronic receipt and transmission of records; certification; 23
3737 acknowledgment.— 24
3838 (3) The Department of State may cause to be received 25
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4747 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
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5151 electronically any records that are required or authorized to be 26
5252 filed with it pursuant to chapter 48, chapter 55, chapter 117, 27
5353 chapter 118, chapter 495, chapter 605, chapter 606, chapter 607, 28
5454 chapter 610, chapter 617, chapter 620, chapter 621, chapter 679, 29
5555 chapter 713, or chapter 865, through facsimile or other 30
5656 electronic transfers, for the purpose of fili ng such records. 31
5757 The department may implement a password protected system for the 32
5858 filing of such records. A person using the password protected 33
5959 system to electronically file a record may be required to verify 34
6060 his or her credentials and provide supplemental materials to the 35
6161 department, including his or her original signature. The 36
6262 department may allow an entity organized under a chapter 37
6363 specified in this subsection to identify authorized account 38
6464 holders for the purpose of electronically filing records related 39
6565 to the entity. The department shall use the e -mail address on 40
6666 file with the Division of Corporations on January 1, 2024, as 41
6767 the initial authorized account holder and shall send to that e -42
6868 mail address a code providing access to the password protected 43
6969 system. The department may require verification of the identity 44
7070 of an authorized account holder before such account holder may 45
7171 file a record with the department through the password protected 46
72-system. For an account holder who is unable to verify his or her 47
73-identity using an automated process, the department may use 48
74-alternate methods of verification, including video chat, in -49
75-person verification, and the use of credential service providers 50
72+system. The originals of all such electronically transmitted 47
73+records must be executed in the manner provided in paragraph 48
74+(5)(b). The receipt of such electronic transfer constitutes 49
75+delivery to the department as required by law. The department 50
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8484 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
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88-that comply with the National Institute of Standards and 51
89-Technology identity verification guidelines. The originals of 52
90-all such electronically transmitted records must be executed in 53
91-the manner provided in paragraph (5)(b). The receipt of such 54
92-electronic transfer constitutes delivery to the depa rtment as 55
93-required by law. The department may use electronic transmissions 56
94-for purposes of notice in the administration of chapters 48, 55, 57
95-117, 118, 495, 605, 606, 607, 610, 617, 620, 621, 679, and 713 58
96-and s. 865.09. The Department of State may collect e -mail 59
97-addresses for purposes of notice and communication in the 60
98-performance of its duties and may require filers and registrants 61
99-to furnish such e-mail addresses when presenting documents for 62
100-filing. 63
101- Section 2. This act shall take effect July 1, 2023. 64
88+may use electronic transmissions for purposes of notice in the 51
89+administration of chapters 48, 55, 117, 118, 495, 605, 606, 607, 52
90+610, 617, 620, 621, 679, and 713 and s. 865.09. The Department 53
91+of State may collect e -mail addresses for purposes of notice and 54
92+communication in the performance of its duties and may require 55
93+filers and registrants to furnish such e -mail addresses when 56
94+presenting documents for filing. 57
95+ Section 2. This act shall take effect July 1, 2023. 58