December 30, 2010
TO: ETR Providers, Tax Collectors, Dealers and License Plate Agencies
FROM: Carl A. Ford, Director
Division of Motor Vehicles
SUBJECT: Upcoming Changes
In our continuing partnership to implement provisions of the law requiring rule making for electronic temporary plate transfers (ETR), we are sending an update to provide some information and guidance to those involved with the systems. We are also providing some information on the new legislation regarding fees required for inquiries which goes into effect January 1, 2011.
1. ETR Rules - Effective December 19, 2010
The Cabinet approved the Department’s electronic temporary registration (ETR) Florida administrative code rules on November 9, 2010 and they became effective on December 19, 2010.
a. ETR Roll-out
The new rules supplement existing rules and provide requirements on the electronic temporary plate transfer. The rules will require all users of the ETR system to undergo criminal history checks and ETR providers to verify this.
· The Department will create a procedure for dealers to notify the Department what ETR provider they are using.
· The Department will create a procedure to become an ETR provider.
· Dealers and ETR providers must ensure that only authorized users have access to the system.
· Dealers must provide verification to their ETR provider that all principals and prospective users have had a criminal history check.
o Dealers must have criminal history checks done on all principals or prospective users.
o The criminal history check must be conducted by the Florida Department of Law Enforcement (click here for information on obtaining a FDLE criminal history check).
o The dealer must provide verification to the ETR provider that this has been done. We will be preparing an affidavit for dealers to use and provide to their ETR provider.
o ETR providers must ensure all principals or prospective users for the dealer have had the criminal history checks done and maintain lists of authorized users.
o Any FDLE criminal history checks already done within the last three years on principals or users are valid.
o The criminal history checks shall remain valid and at this time, there are no requirements to have these redone at regular intervals. However, should a dealer have a user who commits a felony as described by rule, they should immediately have the user’s access removed.
o If an authorized user changes employment or otherwise moves from one dealer to another, they may use the criminal history from the previous dealer if the criminal history check is provided to the user’s new dealer. If not, a new criminal history check shall be required.
b. April 1, 2011 – Programming Changes
The Department is planning an April release for technology enhancements which include the following changes related to ETR:
· Provides an electronic method for the Department to designate what vendor each dealer is using.
· Provides a transaction to allow an ETR provider to maintain user accounts.
· Provides reports indicating which ETR dealers are signed up with which ETR providers and the authorized users for each ETR dealer.
· Modifies system to require a valid user ID on all transactions including inquiries.
c. Transition after April Programming Changes
· Within 15 days after the April release, the Department will enter all dealers and their ETR provider.
· The ETR providers will then update authorized users in the system within 30 days.
· After this time, the system will enforce edits to ensure compliance with the rules and only authorized users will have access to the system.
January 1, 2011 – Fee Inquiries
While not a part of the ETR Florida Administrative Code rule implementation, Florida law mandates that beginning January 1, 2011, the ETR users must pay a 50-cent inquiry fee for registration data that does not result in the issuance of a title certificate or the registration credential (see section 320.05(3)(e), Florida Statutes). The new fee implementation process will work as follows:
· The ETR dealer performs an inquiry transaction.
· The ETR system logs all responses sent for inquiries, quotes, issuances, and transfers. An inquiry in one system (EFS or ETR) can be offset by an update from the other system.
· The Department will generate nightly reports of unsatisfied inquiries over 15 days old.
· The Department will bill ETR providers for dealers they represent.
· The Department will email an end of day report in spreadsheet form to the ETR providers.
· ETR providers will remit payment using the existing Bank of America Remote Payments Online system.
Thank you for your assistance with the implementation in all areas above. If you have any questions, please contact Julie Baker at (850) 617-3001.