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 subsection program upon 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.