Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1104
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Brandes) recommended the following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete line 449
    5  and insert:
    6         Section 14. Effective January 1, 2019, subsection (10) of
    7  section 320.03, Florida Statutes, is amended to read:
    8         320.03 Registration; duties of tax collectors;
    9  International Registration Plan.—
   10         (10) Jurisdiction over the electronic filing system for use
   11  by authorized electronic filing system agents to electronically
   12  title or register motor vehicles, vessels, mobile homes, or off
   13  highway vehicles; process title transactions, derelict motor
   14  vehicle certificates, and certificates of destruction for
   15  derelict and salvage motor vehicles pursuant to s. 319.30(2),
   16  (3), (7), and (8); issue or transfer registration license plates
   17  or decals; electronically transfer fees due for the title and
   18  registration process; and perform inquiries for title,
   19  registration, and lienholder verification and certification of
   20  service providers is expressly preempted to the state, and the
   21  department shall have regulatory authority over the system. The
   22  electronic filing system shall be available for use statewide
   23  and applied uniformly throughout the state. An entity that, in
   24  the normal course of its business, sells products that must be
   25  titled or registered;, provides title and registration services
   26  on behalf of its consumers; or processes title transactions,
   27  derelict motor vehicle certificates, or certificates of
   28  destruction for derelict or salvage motor vehicles pursuant to
   29  s. 319.30(2), (3), (7), or (8); and meets all established
   30  requirements may be an authorized electronic filing system agent
   31  and shall not be precluded from participating in the electronic
   32  filing system in any county. Upon request from a qualified
   33  entity, the tax collector shall appoint the entity as an
   34  authorized electronic filing system agent for that county. The
   35  department shall adopt rules in accordance with chapter 120 to
   36  replace the December 10, 2009, program standards and to
   37  administer the provisions of this section, including, but not
   38  limited to, establishing participation requirements,
   39  certification of service providers, electronic filing system
   40  requirements, and enforcement authority for noncompliance. The
   41  December 10, 2009, program standards, excluding any standards
   42  which conflict with this subsection, shall remain in effect
   43  until the rules are adopted. An authorized electronic filing
   44  system agent may charge a fee to the customer for use of the
   45  electronic filing system. The department shall adopt rules to
   46  administer this subsection, including, but not limited to, rules
   47  establishing participation requirements, certification of
   48  service providers, electronic filing system requirements,
   49  disclosures, and enforcement authority for noncompliance.
   50         Section 15. Except as otherwise expressly provided in this
   51  act, this act shall take effect October 1, 2018.
   52  
   53  ================= T I T L E  A M E N D M E N T ================
   54  And the title is amended as follows:
   55         Delete line 2
   56  and insert:
   57         An act relating to transportation; amending s. 320.03,
   58         F.S.; preempting to the state jurisdiction over the
   59         electronic filing system for use by authorized
   60         electronic filing system agents to process title
   61         transactions, derelict motor vehicle certificates, and
   62         certain certificates of destruction for derelict and
   63         salvage motor vehicles; authorizing an entity that, in
   64         the normal course of its business, processes title
   65         transactions, derelict motor vehicle certificates, or
   66         certain certificates of destruction for derelict or
   67         salvage motor vehicles and meets all established
   68         requirements to be an authorized electronic filing
   69         system agent; prohibiting such an entity from being
   70         precluded from participating in the electronic filing
   71         system in any county; deleting provisions requiring
   72         the Department of Highway Safety and Motor Vehicles to
   73         adopt certain rules to replace specified program
   74         standards; requiring the department to adopt certain
   75         rules; amending