Florida Senate - 2023                                     SB 948
       
       
        
       By Senator Grall
       
       
       
       
       
       29-01373-23                                            2023948__
    1                        A bill to be entitled                      
    2         An act relating to records electronically filed with
    3         the Department of State; amending s. 15.16, F.S.;
    4         authorizing the department to implement certain
    5         systems relating to electronically filed records;
    6         providing requirements and authorizations for the
    7         department relating to such systems; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (3) of section 15.16, Florida
   13  Statutes, as amended by chapter 2022-190, Laws of Florida, is
   14  amended to read:
   15         15.16 Reproduction of records; admissibility in evidence;
   16  electronic receipt and transmission of records; certification;
   17  acknowledgment.—
   18         (3)(a) The Department of State may cause to be received
   19  electronically any records that are required or authorized to be
   20  filed with it pursuant to chapter 48, chapter 55, chapter 117,
   21  chapter 118, chapter 495, chapter 605, chapter 606, chapter 607,
   22  chapter 610, chapter 617, chapter 620, chapter 621, chapter 679,
   23  chapter 713, or chapter 865, through facsimile or other
   24  electronic transfers, for the purpose of filing such records.
   25  The originals of all such electronically transmitted records
   26  must be executed in the manner provided in paragraph (5)(b). The
   27  receipt of such electronic transfer constitutes delivery to the
   28  department as required by law. The department may use electronic
   29  transmissions for purposes of notice in the administration of
   30  chapters 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620,
   31  621, 679, and 713 and s. 865.09. The Department of State may
   32  collect e-mail addresses for purposes of notice and
   33  communication in the performance of its duties and may require
   34  filers and registrants to furnish such e-mail addresses when
   35  presenting documents for filing.
   36         (b) The department may implement a password-protected
   37  system for any record electronically received pursuant to
   38  paragraph (a) and may require filers to produce supplemental
   39  materials to use such system, including, but not limited to, an
   40  original signature of the filer and verification of credentials.
   41  The department may also implement a password-protected system
   42  that allows entities organized under the chapters specified in
   43  paragraph (a) to identify authorized account holders for the
   44  purpose of electronically filing records related to the entity.
   45  If the department implements such a system, it must send to each
   46  e-mail address on file with the Division of Corporations on
   47  January 1, 2024, a code to participate in a password-protected
   48  system. The department may require verification of the identity
   49  of an authorized account holder before the account holder is
   50  authorized to electronically file a record with the department.
   51         Section 2. This act shall take effect July 1, 2023.