Florida Senate - 2021 SB 754 By Senator Diaz 36-00785-21 2021754__ 1 A bill to be entitled 2 An act relating to electronic transactions for title 3 certificates and registrations; amending s. 319.40, 4 F.S.; authorizing tax collectors to accept 5 applications for motor vehicle certificates of title 6 by electronic or telephonic means and to collect 7 electronic mail addresses for use as a method of 8 notification; authorizing tax collectors to contract 9 with vendors to provide electronic and telephonic 10 transactions; providing that an electronic signature 11 that meets certain requirements satisfies any 12 signature required for an application for a 13 certificate of title; providing an exception; amending 14 s. 320.03, F.S.; specifying tax collection systems for 15 which certain fees may be used for integration with 16 the Florida Real Time Vehicle Information System; 17 requiring the Department of Highway Safety and Motor 18 Vehicles to provide tax collectors and their approved 19 vendors with certain data access and interface 20 functionality; specifying authorized uses for such 21 data and functionality; defining the term “approved 22 vendor”; requiring the department to ensure that 23 approved vendors protect customer privacy and data 24 collection; amending s. 328.30, F.S.; authorizing tax 25 collectors to accept applications for vessel 26 certificates of title by electronic or telephonic 27 means and to collect electronic mail addresses for use 28 as a method of providing renewal notices; authorizing 29 tax collectors to contract with vendors to provide 30 electronic and telephonic transactions; providing that 31 an electronic signature that meets certain 32 requirements satisfies any signature required for an 33 application for a certificate of title; amending s. 34 328.73, F.S.; authorizing certain tax collection 35 systems for in-person and online transactions; 36 requiring the department to provide tax collectors and 37 their approved vendors with certain data access and 38 interface functionality; specifying authorized uses 39 for such data and functionality; providing an 40 effective date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1. Section 319.40, Florida Statutes, is amended to 45 read: 46 319.40 Transactions by electronic or telephonic means.— 47 (1) The department and tax collectors may accept any 48 application provided for under this chapter by electronic or 49 telephonic means. 50 (2) The department may issue an electronic certificate of 51 title in lieu of printing a paper title. 52 (3) The department and tax collectors may collect 53 electronic mail addresses and use electronic mail in lieu of the 54 United States Postal Service as a method of notification. 55 However, any notice regarding the potential forfeiture or 56 foreclosure of an interest in property must be sent via the 57 United States Postal Service. 58 (4) Tax collectors may contract with vendors for technology 59 services in order to provide transactions by electronic and 60 telephonic means provided for under this chapter. 61 (5) An electronic signature that is consistent with chapter 62 668 satisfies any signature required for an application under 63 this chapter, except when the electronic signature must be 64 executed using an electronic signature as defined in s. 65 668.003(4), which uses a system providing an Identity Assurance 66 Level, an Authenticator Assurance Level, and a Federation 67 Assurance Level, as described in the National Institute of 68 Standards and Technology Special Publication 800-63-3, as of 69 December 1, 2017, which are equivalent to or greater than Level 70 2. 71 Section 2. Subsection (5) of section 320.03, Florida 72 Statutes, is amended to read: 73 320.03 Registration; duties of tax collectors; 74 International Registration Plan.— 75 (5) In addition to the fees required under s. 320.08, a fee 76 of 50 cents shall be charged on every license registration sold 77 to cover the costs of the Florida Real Time Vehicle Information 78 System. The fees collected shall be deposited into the Highway 79 Safety Operating Trust Fund to be used exclusively to fund the 80 system. The fee may only be used to fund the system equipment, 81 software, personnel associated with the maintenance and 82 programming of the system, and networks used in the offices of 83 the county tax collectors as agents of the department and the 84 ancillary technology necessary to integrate the system with 85 other tax collection systems. Other tax collection systems 86 include technology systems provided by a tax collector’s 87 approved vendors for registration renewal transactions, 88 including, but not limited to, renewal of motor vehicle and 89 mobile home registration certificates, registration license 90 plates, and validation stickers. Such registration renewal 91 transactions shall be performed on behalf of an applicant either 92 in person at a county tax collector’s office or online via a 93 county tax collector’s website. Upon a tax collector’s request, 94 the department shall provide the tax collector and his or her 95 approved vendors with data access and interface functionality, 96 including, but not limited to, data access and interface 97 functionality that other third parties receive from the 98 department. Such data and functionality shall be used for the 99 purpose of processing renewal transactions and shall include, 100 but not be limited to, bulk data for vehicle registrations which 101 includes each applicant’s current residential address and 102 electronic mail address collected under s. 320.95 and the 103 ability to record registration renewals in the state system in 104 real time. Such data and functionality may be used only for 105 purposes of fulfilling the tax collector’s statutory duties and 106 may not be resold or used for any other purpose. For purposes of 107 this subsection, the term “approved vendor” means a third-party 108 entity that has a contract with tax collectors, and a memorandum 109 of understanding with the department, to assist tax collectors 110 in carrying out their duties under this chapter and in 111 accordance with federal and state law. The department shall 112 administer this subsectionprogramupon consultation with the 113 Florida Tax Collectors, Inc., to ensure that each county tax 114 collector’s office is technologically equipped and functional 115 for the operation of the Florida Real Time Vehicle Information 116 System and that tax collectors’ approved vendors protect 117 customer privacy and data collection. Any designated revenue 118 collected to support functions of the county tax collectors and 119 not used in a given year must remain exclusively in the trust 120 fund as a carryover to the following year. 121 Section 3. Section 328.30, Florida Statutes, is amended to 122 read: 123 328.30 Transactions by electronic or telephonic means.— 124 (1) The department and tax collectors may accept any 125 application provided for under this chapter by electronic or 126 telephonic means. 127 (2) The department may issue an electronic certificate of 128 title in lieu of printing a paper title. 129 (3) The department and tax collectors may collect 130 electronic mail addresses and use electronic mail in lieu of the 131 United States Postal Service for the purpose of providing 132 renewal notices. 133 (4) Tax collectors may contract with vendors for technology 134 services in order to provide transactions by electronic and 135 telephonic means provided for under this chapter. 136 (5) An electronic signature that is consistent with chapter 137 668 satisfies any signature required for an application under 138 this chapter. 139 Section 4. Subsection (1) of section 328.73, Florida 140 Statutes, is amended to read: 141 328.73 Registration; duties of tax collectors.— 142 (1) The tax collectors in the counties of the state, as 143 authorized agents of the department, shall issue registration 144 certificates and vessel numbers and decals to applicants, 145 subject to the requirements of law and in accordance with rules 146 of the department. Tax collection systems may include technology 147 systems provided by vendors contracted with tax collectors for 148 in-person and online vessel registration certificates and vessel 149 numbers and decals. Upon a tax collector’s request, the 150 department shall provide the tax collector and his or her 151 approved vendors with data access and interface functionality, 152 including, but not limited to, data access and interface 153 functionality that other third parties receive from the 154 department. Such data and functionality shall be used for the 155 purpose of processing renewal transactions and shall include, 156 but not be limited to, bulk data for vessel registrations which 157 includes each applicant’s current residential address and 158 electronic mail address collected under s. 320.95 and the 159 ability to record registration renewals in the state system in 160 real time. Such data and functionality may be used only for 161 purposes of fulfilling the tax collector’s statutory duties and 162 may not be resold or used for any other purpose. 163 Section 5. This act shall take effect July 1, 2021.