Create a new rule to reflect the addition of Section 320.96, F.S. The new statute requires the Department of Highway Safety and Motor Vehicles to implement a secure electronic process for the issuance of temporary license plates.

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Motor Vehicles

RULE NO: RULE TITLE
15C-16.001: Scope and Authority
15C-16.002: Data Security
15C-16.003: Exemptions
15C-16.004: Record Retention
PURPOSE AND EFFECT: Create a new rule to reflect the addition of Section 320.96, F.S. The new statute requires the Department of Highway Safety and Motor Vehicles to implement a secure electronic process for the issuance of temporary license plates.
SUMMARY: Per Section 320.96, Florida Statutes, the Department of Highway Safety and Motor Vehicles shall implement a secure print-on-demand electronic temporary license plate registration, record retention, and issue system for use by every department-authorized issuer of temporary license plates. Secure print-on-demand for this purpose means validating state registration data using higher levels of commercially accepted data encryption methods from the point of department connectivity to the license plate printer. The department may adopt rules as necessary to implement this program. The department may provide such exemptions as may be feasibly required.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The implementation of administrative Rule 15C-16, F.A.C., will have no appreciable effect on state, county, or local governments. The approximately 12,300 licensed motor vehicle dealers currently issuing temporary license plates will continue to pay the state mandated $2.00 per plate fee as they have done in the past. In addition, motor vehicle dealers who opt to use a department approved third party vendor to implement electronic temporary registration will have the additional costs associated with that option.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 320.131, 320.96 FS.
LAW IMPLEMENTED: 320.131, 320.96 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Palmer Brand, Assistant Chief, Bureau of Titles and Registration Services, Division of Motor Vehicles, Department of Highway Safety and Motor Vehicles, Room A334, MS 68, Neil Kirkman Building, Tallahassee, Florida 32399-0500, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

15C-16.001 Scope and Authority.

(1) This chapter governs the administration of electronic temporary registrations (ETR) and related requirements for motor vehicles under Chapter 320, F.S. It is promulgated and will be administered by the Department of Highway Safety and Motor Vehicles (“the Department”).

(2) The department shall implement a secure print-on-demand electronic temporary license plate registration, record retention, and issue system for use by every department-authorized issuer of temporary license plates. The department may provide exemptions as may be feasibly required.

(3) If a licensed dealer fails to comply with the department’s requirements for issuing temporary license plates using the electronic system, the department may deny, suspend, or revoke a license under Sections 320.27(9)(b)16., F.S., upon proof that the licensee has failed to comply with the department’s requirements.

Specific Authority 320.96 FS. Law Implemented 320.131, 320.96 FS. History–New________.

 

15C-16.002 Data Security.

All information communicated via ETR providers and the department must, at a minimum, be encrypted using a secure sockets layer (SSL) protocol with 128-bit encryption.

Specific Authority 320.96 FS. Law Implemented 320.131, 320.96 FS. History–New________.

 

15C-16.003 Exemptions.

(1) Trailers less than 2,000 lbs. net weight do not require the seller to be licensed for commercial sale and are therefore exempt from electronic temporary registration requirements.

(2) To ensure the continuation of operations with the least negative impact to temporary plate issuers when the Department is unable to authorize, or third party providers are unable to assign print on demand temporary license plates, a backup issuance method using pre-assigned stock will be authorized by the department. The issuance of a plate using this method must be reported to the department within one business day, not including weekends or state holidays, of the issuance of the plate. Every issuer shall keep a record of any temporary tag issued in a form specified by the Department. The record will include, but is not limited to: date of issuance, tag number issued, the name and address of the motor vehicle purchase, vehicle identification number, vehicle description, and reason for off-line issuance.

Specific Authority 320.96 FS. Law Implemented 320.131, 320.96 FS. History–New________.

 

15C-16.004 Record Retention.

Any person or entity authorized to issue electronic temporary registrations shall maintain all records relating to their issuance for a period of 5 years, and such records shall be open to inspection by the department or its agents during reasonable business hours.

Specific Authority 320.96 FS. Law Implemented 320.131, 320.96 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Palmer Brand, Assistant Chief, Bureau of Titles and Registration Services, Division of Motor Vehicles, Department of Highway Safety and Motor Vehicles, Room A334, MS 68, Neil Kirkman Building, Tallahassee, Florida 32399-0500, [phone]
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Carl Ford, Director, Division of Motor Vehicles, Department of Highway Safety and Motor Vehicles
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 15, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 15, 2008