ENROLLED 2023 Legislature SB 948 2023948er 1 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.