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.