Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1314
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2015           .                                
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       The Committee on Banking and Insurance (Richter) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 33 - 114
    4  and insert:
    5         (3) In addition to the methods listed in subsection (1) for
    6  sending a document, a sender may post a document to a secure
    7  electronic account or website where the document can be
    8  accessed.
    9         (a) Before a document may be posted to an electronic
   10  account or website, the recipient must sign a separate written
   11  authorization solely for the purpose of authorizing the sender
   12  to post documents on the electronic account or website. The
   13  written authorization must:
   14         1. Enumerate the documents that may be posted in this
   15  manner.
   16         2. Contain specific instructions for accessing the
   17  electronic account or website, including the security procedures
   18  required to access the electronic account or website, such as a
   19  username and password.
   20         3. Advise the recipient that a separate notice will be sent
   21  when a document is posted to the electronic account or website
   22  and the manner in which the separate notice will be sent.
   23         4. Advise the recipient that the authorization to receive
   24  documents by electronic posting may be amended or revoked at any
   25  time and include specific instructions for revoking or amending
   26  the authorization, including the address designated for the
   27  purpose of receiving notice of the revocation or amendment.
   28         5. Advise the recipient that posting a document on the
   29  electronic account or website may commence a limitations period
   30  as short as 6 months even if the recipient never actually
   31  accesses the electronic account or website or the document.
   32         (b) Once the recipient signs the written authorization, the
   33  sender must provide a separate notice to the recipient when a
   34  document is posted to the electronic account or website. As used
   35  in this subsection, the term “separate notice” means a notice
   36  sent to the recipient by means other than electronic posting
   37  which identifies each document posted to the electronic account
   38  or website and provides instructions for accessing the posted
   39  document. The separate notice requirement is satisfied if the
   40  recipient accesses the document on the electronic account or
   41  website.
   42         (c) A document sent by electronic posting is deemed
   43  received by the recipient on the earlier of the date that the
   44  separate notice is received or the date that the recipient
   45  accesses the document on the electronic account or website.
   46         (d) At least annually after a recipient signs a written
   47  authorization, a sender shall send a notice advising the
   48  recipient that posting a document on the electronic account or
   49  website may commence a limitations period as short as 6 months
   50  even if the recipient never accesses the electronic account or
   51  website or the document and that the authorization to receive
   52  documents by electronic posting may be amended or revoked at any
   53  time. This notice must be given by means other than electronic
   54  posting and may not be accompanied by any other written
   55  communication. Failure to provide such notice within 380 days
   56  after the last notice is deemed to automatically revoke the
   57  authorization to receive documents in the manner permitted under
   58  this subsection 380 days after the last notice is sent.
   59         (e)The notice required in paragraph (d) may be in
   60  substantially the following form: “You have authorized receipt
   61  of documents through posting to an electronic account or website
   62  where the documents can be accessed. This notice is being sent
   63  to advise you that a limitations period, which may be as short
   64  as 6 months, may be running as to matters disclosed in a trust
   65  accounting or other written report of a trustee posted to the
   66  electronic account or website even if you never actually access
   67  the electronic account or website or the documents. You may
   68  amend or revoke the authorization to receive documents by
   69  electronic posting at any time. If you have any questions,
   70  please consult your attorney.”
   71         (f)A sender may rely on the recipient’s authorization
   72  until the recipient amends or revokes the authorization by
   73  sending a notice to the address designated for that purpose in
   74  the authorization. The recipient, at any time, may amend or
   75  revoke an authorization to have documents posted on the
   76  electronic account or website.
   77         (g) A document provided to a recipient solely through
   78  electronic posting must remain accessible to the recipient on
   79  the electronic account or website for at least 4 years after the
   80  date that the document is deemed received by the recipient. The
   81  electronic account or website must allow the recipient to
   82  download or print the document. This subsection does not affect
   83  or alter the duties of a trustee to keep clear, distinct, and
   84  accurate records pursuant to s. 736.0810 or affect or alter the
   85  time periods for which the trustee must maintain those records.
   86         (h) To be effective, the posting of a document to an
   87  electronic account or website must be done in accordance with
   88  this subsection. The sender has the burden of
   89  
   90  ================= T I T L E  A M E N D M E N T ================
   91  And the title is amended as follows:
   92         Delete lines 4 - 12
   93  and insert:
   94         sender to post a document to a secure electronic
   95         account or website upon the authorization of a
   96         recipient; providing for effective authorization for
   97         such posting; requiring a sender to provide a separate
   98         notice once a document is electronically posted;
   99         specifying when a document sent electronically is
  100         deemed received by the recipient; requiring a sender
  101         to provide notice of the beginning of a limitations
  102         period and authority of a recipient to amend or revoke