CS/CS/HB 909 2023
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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 through the use of 15
certain methods; providing an effective date. 16
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Be It Enacted by the Legislature of the State of Florida: 18
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Section 1. Subsection (3) of section 15.16, Florida 20
Statutes, is amended to read: 21
15.16 Reproduction of records; admissibility 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/CS/HB 909 2023
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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
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 filing 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 el ectronically 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 acc ess 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. For an account holder who is unable to verify his or her 47
identity using an automated process, the department may use 48
alternate methods of verification, including video chat, in -49
person verification, and the use of credential service providers 50
CS/CS/HB 909 2023
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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
that comply with the National Institute of Standards and 51
Technology identity verification guidelines. The originals of 52
all such electronically transmitted records must be executed in 53
the manner provided in paragraph (5)(b). The receipt of such 54
electronic transfer constitutes delivery to the depa rtment as 55
required by law. The department may use electronic transmissions 56
for purposes of notice in the administration of chapters 48, 55, 57
117, 118, 495, 605, 606, 607, 610, 617, 620, 621, 679, and 713 58
and s. 865.09. The Department of State may collect e -mail 59
addresses for purposes of notice and communication in the 60
performance of its duties and may require filers and registrants 61
to furnish such e-mail addresses when presenting documents for 62
filing. 63
Section 2. This act shall take effect July 1, 2023. 64