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FAW Notice of Rule and Rule Workshop


NOTICE OF PROPOSED RULE DEVELOPMENT

NAME OF AGENCY:  Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles.
RULE TITLE: RULE NUMBER:
Electronic Temporary Registrations 15C-16

PURPOSE AND EFFECT:  Create a new rule to reflect the addition of 320.96 FS. 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.

SUBJECT AREA TO BE ADDRESSED:  The proposed rule action describes how the department will move from a manual process of issuing temporary license plates to a secure electronic process as required by 320.96 FS.

SPECIFIC AUTHORITY: 320.96 FS.  LAW IMPLEMENTED: 320.131, 320.96 FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Tuesday, March 4, 2008, 9:30 a.m. or as soonest thereafter

PLACE: Division of Motor Vehicles, DMV Conference Room, Room A-339, Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, Florida 32399-0500.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations at this meeting because of a disability or physical impairment should contact: Angela Starbuck, Department of Highway Safety and Motor Vehicles, (850)617-3171 or e-mail at AngelaStarbuck@flhsmv.gov, at least five (5) calendar days prior to the meeting.  If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO CONTACT REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, 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, 850 617-3001.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

RULE TITLE: RULE NUMBER:
Electronic Temporary Registration 15C-16
Rule Titles: Rule Numbers:
Scope and Authority 15C-16.001
Data Security 15C-16.002
Exemptions 15C-16.003
Record Retention 15C-16.004

15C-16.001 Scope and Authority
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”).

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.

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 s. 320.27(9)(b)16 upon proof that the licensee has failed to comply with the department's requirements.

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.

15C-16.003 Exemptions

  1. Trailers less than 2,000 lbs. gross vehicle weight (GVW) 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 system outages occur, 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 24 hours of the issuance of the plate. Every issuer shall keep a record of any temporary tag issued by this method. The record will include, but is not limited to: date of issuance, tag number issued, the name and address of the motor vehicle purchaser, vehicle identification number, vehicle description, and reason for off-line issuance.

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.


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