CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___

                            CHAMBER ACTION
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10  ______________________________________________________________

11  Senator Latvala moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 1, line 10,

15

16  insert:

17         Section 1.  (1)  SHORT TITLE.--This section may be

18  cited as the "Uniform Electronic Transaction Act."

19         (2)  DEFINITIONS.--As used in this section:

20         (a)  "Agreement" means the bargain of the parties in

21  fact, as found in their language or inferred from other

22  circumstances and from rules, regulations, and procedures

23  given the effect of agreements under provisions of law

24  otherwise applicable to a particular transaction.

25         (b)  "Automated transaction" means a transaction

26  conducted or performed, in whole or in part, by electronic

27  means or electronic records, in which the acts or records of

28  one or both parties are not reviewed by an individual in the

29  ordinary course in forming a contract, performing under an

30  existing contract, or fulfilling an obligation required by the

31  transaction.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1         (c)  "Computer program" means a set of statements or

  2  instructions to be used directly or indirectly in an

  3  information processing system in order to bring about a

  4  certain result.

  5         (d)  "Contract" means the total legal obligation

  6  resulting from the parties' agreement as affected by this act

  7  and other applicable provisions of law.

  8         (e)  "Electronic" means relating to technology having

  9  electrical, digital, magnetic, wireless, optical,

10  electromagnetic, or similar capabilities.

11         (f)  "Electronic agent" means a computer program or an

12  electronic or other automated means used independently to

13  initiate an action or respond to electronic records or

14  performances in whole or in part, without review or action by

15  an individual.

16         (g)  "Electronic record" means a record created,

17  generated, sent, communicated, received, or stored by

18  electronic means.

19         (h)  "Electronic signature" means an electronic sound,

20  symbol, or process attached to or logically associated with a

21  record and executed or adopted by a person with the intent to

22  sign the record.

23         (i)  "Governmental agency" means an executive,

24  legislative, or judicial agency, department, board,

25  commission, authority, institution, or instrumentality of this

26  state, including a county, municipality, or other political

27  subdivision of this state and any other public or private

28  agency, person, partnership, corporation, or business entity

29  acting on behalf of any public agency.

30         (j)  "Information" means data, text, images, sounds,

31  codes, computer programs, software, databases, or other

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1  similar representations of knowledge.

  2         (k)  "Information processing system" means an

  3  electronic system for creating, generating, sending,

  4  receiving, storing, displaying, or processing information.

  5         (l)  "Person" means an individual, corporation,

  6  business trust, estate, trust, partnership, limited liability

  7  company, association, joint venture, governmental agency,

  8  public corporation, or any other legal or commercial entity.

  9         (m)  "Record" means information that is inscribed on a

10  tangible medium or that is stored in an electronic or other

11  medium and is retrievable in perceivable form, including

12  public records as defined in s. 119.011(1), Florida Statutes.

13         (n)  "Security procedure" means a procedure employed

14  for the purpose of verifying that an electronic signature,

15  record, or performance is that of a specific person or for

16  detecting changes or errors in the information in an

17  electronic record. The term includes a procedure that requires

18  the use of algorithms or other codes, identifying words or

19  numbers, encryption, or callback or other acknowledgment

20  procedures.

21         (o)  "State" means a state of the United States, the

22  District of Columbia, Puerto Rico, the United States Virgin

23  Islands, or any territory or insular possession subject to the

24  jurisdiction of the United States. The term includes an Indian

25  tribe or band, or Alaskan native village, which is recognized

26  by federal law or formally acknowledged by a state.

27         (p)  "Transaction" means an action or set of actions

28  occurring between two or more persons relating to the conduct

29  of business, commercial, insurance, or governmental affairs.

30         (3)  SCOPE.--

31         (a)  Except as otherwise provided in paragraph (b),

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1  this section applies to electronic records and electronic

  2  signatures relating to a transaction.

  3         (b)  This section does not apply to a transaction to

  4  the extent the transaction is governed by:

  5         1.  A provision of law governing the creation and

  6  execution of wills, codicils, or testamentary trusts;

  7         2.  The Uniform Commercial Code other than ss. 671.107

  8  and 671.206, Florida Statutes, and chapters 672 and 680,

  9  Florida Statutes;

10         3.  The Uniform Computer Information Transactions Act;

11  or

12         4.  Rules relating to judicial procedure.

13         (c)  This section applies to an electronic record or

14  electronic signature otherwise excluded under paragraph (b) to

15  the extent such record or signature is governed by a provision

16  of law other than those specified in paragraph (b).

17         (d)  A transaction subject to this section is also

18  subject to other applicable provisions of substantive law.

19         (4)  PROSPECTIVE APPLICATION.--This section applies to

20  any electronic record or electronic signature created,

21  generated, sent, communicated, received, or stored on or after

22  July 1, 2000.

23         (5)  USE OF ELECTRONIC RECORDS AND ELECTRONIC

24  SIGNATURES; VARIATION BY AGREEMENT.--

25         (a)  This section does not require a record or

26  signature to be created, generated, sent, communicated,

27  received, stored, or otherwise processed or used by electronic

28  means or in electronic form.

29         (b)  This section applies only to transactions between

30  parties each of which has agreed to conduct transactions by

31  electronic means. Whether the parties agree to conduct a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1  transaction by electronic means is determined from the context

  2  and surrounding circumstances, including the parties' conduct.

  3         (c)  A party that agrees to conduct a transaction by

  4  electronic means may refuse to conduct other transactions by

  5  electronic means. The right granted by this paragraph may not

  6  be waived by agreement.

  7         (d)  Except as otherwise provided in this section, the

  8  effect of any provision of this section may be varied by

  9  agreement. The presence in certain provisions of this section

10  of the words "unless otherwise agreed," or words of similar

11  import, does not imply that the effect of other provisions may

12  not be varied by agreement.

13         (e)  Whether an electronic record or electronic

14  signature has legal consequences is determined by this section

15  and other applicable provisions of law.

16         (6)  CONSTRUCTION AND APPLICATION.--This section shall

17  be construed and applied to:

18         (a)  Facilitate electronic transactions consistent with

19  other applicable provisions of law.

20         (b)  Be consistent with reasonable practices concerning

21  electronic transactions and with the continued expansion of

22  those practices.

23         (c)  Effectuate its general purpose to make uniform the

24  law with respect to the subject of this section among states

25  enacting similar legislation.

26         (7)  LEGAL RECOGNITION OF ELECTRONIC RECORDS,

27  ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS.--

28         (a)  A record or signature may not be denied legal

29  effect or enforceability solely because the record or

30  signature is in electronic form.

31         (b)  A contract may not be denied legal effect or

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                                                  SENATE AMENDMENT

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  1  enforceability solely because an electronic record was used in

  2  the formation of the contract.

  3         (c)  If a provision of law requires a record to be in

  4  writing, an electronic record satisfies such provision.

  5         (d)  If a provision of law requires a signature, an

  6  electronic signature satisfies such provision.

  7         (8)  PROVISION OF INFORMATION IN WRITING; PRESENTATION

  8  OF RECORDS.--

  9         (a)  If parties have agreed to conduct a transaction by

10  electronic means and a provision of law requires a person to

11  provide, send, or deliver information in writing to another

12  person, the requirement is satisfied if the information is

13  provided, sent, or delivered, as the case may be, in an

14  electronic record capable of retention by the recipient at the

15  time of receipt. An electronic record is not capable of

16  retention by the recipient if the sender or the sender's

17  information processing system inhibits the ability of the

18  recipient to print or store the electronic record.

19         (b)  If a provision of law other than this section

20  requires a record to be posted or displayed in a certain

21  manner; to be sent, communicated, or transmitted by a

22  specified method; or to contain information that is formatted

23  in a certain manner, the following rules apply:

24         1.  The record must be posted or displayed in the

25  manner specified in the other provision of law.

26         2.  Except as otherwise provided in subparagraph (d)2.,

27  the record must be sent, communicated, or transmitted by the

28  method specified in the other provision of law.

29         3.  The record must contain the information formatted

30  in the manner specified in the other provision of law.

31         (c)  If a sender inhibits the ability of a recipient to

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                                                  SENATE AMENDMENT

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    Amendment No. ___





  1  store or print an electronic record, the electronic record is

  2  not enforceable against the recipient.

  3         (d)  The requirements of this section may not be varied

  4  by agreement, provided:

  5         1.  To the extent a provision of law other than this

  6  section requires information to be provided, sent, or

  7  delivered in writing but permits that requirement to be varied

  8  by agreement, the requirement under paragraph (a) that the

  9  information be in the form of an electronic record capable of

10  retention may also be varied by agreement.

11         2.  A requirement under a law other than this section

12  to send, communicate, or transmit a record by first-class

13  mail, postage prepaid, or other regular United States mail,

14  may be varied by agreement to the extent permitted by the

15  other provision of law.

16         (9)  ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND

17  ELECTRONIC SIGNATURE.--

18         (a)  An electronic record or electronic signature is

19  attributable to a person if the record or signature was the

20  act of the person. The act of the person may be shown in any

21  manner, including a showing of the efficacy of any security

22  procedure applied to determine the person to which the

23  electronic record or electronic signature was attributable.

24         (b)  The effect of an electronic record or electronic

25  signature attributed to a person under paragraph (a) is

26  determined from the context and surrounding circumstances at

27  the time of its creation, execution, or adoption, including

28  the parties' agreement, if any, and otherwise as provided by

29  law.

30         (10)  EFFECT OF CHANGE OR ERROR.--If a change or error

31  in an electronic record occurs in a transmission between

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1  parties to a transaction, the following rules apply:

  2         (a)  If the parties have agreed to use a security

  3  procedure to detect changes or errors and one party has

  4  conformed to the procedure, but the other party has not, and

  5  the nonconforming party would have detected the change or

  6  error had that party also conformed, the conforming party may

  7  avoid the effect of the changed or erroneous electronic

  8  record.

  9         (b)  In an automated transaction involving an

10  individual, the individual may avoid the effect of an

11  electronic record that resulted from an error made by the

12  individual in dealing with the electronic agent of another

13  person if the electronic agent did not provide an opportunity

14  for the prevention or correction of the error and, at the time

15  the individual learns of the error, the individual:

16         1.  Promptly notifies the other person of the error and

17  that the individual did not intend to be bound by the

18  electronic record received by the other person.

19         2.  Takes reasonable steps, including steps that

20  conform to the other person's reasonable instructions, to

21  return to the other person or, if instructed by the other

22  person, to destroy the consideration received, if any, as a

23  result of the erroneous electronic record.

24         3.  Has not used or received any benefit or value from

25  the consideration, if any, received from the other person.

26         (c)  If paragraphs (a) and (b) do not apply, the change

27  or error has the effect provided by the other provision of

28  law, including the law of mistake, and the parties' contract,

29  if any.

30         (d)  Paragraphs (b) and (c) may not be varied by

31  agreement.

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                                                  SENATE AMENDMENT

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    Amendment No. ___





  1         (11)  NOTARIZATION AND ACKNOWLEDGMENT.--

  2         (a)  If a law requires a signature or record to be

  3  notarized, acknowledged, verified, or made under oath, the

  4  requirement is satisfied if the electronic signature of the

  5  person authorized by applicable law to perform those acts,

  6  together with all other information required to be included by

  7  other applicable law, is attached to or logically associated

  8  with the signature or record.  Neither a rubber stamp nor an

  9  impression type seal is required for an electronic

10  notarization.

11         (b)  A first-time applicant for a notary commission

12  must submit proof that the applicant has, within 1 year prior

13  to the application, completed at least 3 hours of interactive

14  or classroom instruction, including electronic notarization,

15  and covering the duties of the notary public. Courses

16  satisfying this section may be offered by any public or

17  private sector person or entity registered with the Executive

18  Office of the Governor and must include a core curriculum

19  approved by that office.

20         (12)  RETENTION OF ELECTRONIC RECORDS; ORIGINALS.--

21         (a)  If a law requires that a record be retained, the

22  requirement is satisfied by retaining an electronic record of

23  the information in the record which:

24         1.  Accurately reflects the information set forth in

25  the record after the record was first generated in final form

26  as an electronic record or otherwise.

27         2.  Remains accessible for later reference.

28         (b)  A requirement to retain a record in accordance

29  with paragraph (a) does not apply to any information the sole

30  purpose of which is to enable the record to be sent,

31  communicated, or received.

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                                                  SENATE AMENDMENT

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  1         (c)  A person may satisfy paragraph (a) by using the

  2  services of another person if the requirements of paragraph

  3  (a) are satisfied.

  4         (d)  If a provision of law requires a record to be

  5  presented or retained in its original form, or provides

  6  consequences if the record is not presented or retained in its

  7  original form, that law is satisfied by an electronic record

  8  retained in accordance with paragraph (a).

  9         (e)  If a provision of law requires retention of a

10  check, that requirement is satisfied by retention of an

11  electronic record of the information on the front and back of

12  the check in accordance with paragraph (a).

13         (f)  A record retained as an electronic record in

14  accordance with paragraph (a) satisfies a provision of law

15  requiring a person to retain a record for evidentiary, audit,

16  or similar purposes, unless a provision of law enacted after

17  July 1, 2000, specifically prohibits the use of an electronic

18  record for the specified purpose.

19         (g)  This section does not preclude a governmental

20  agency of this state from specifying additional requirements

21  for the retention of a record subject to the agency's

22  jurisdiction.

23         (13)  ADMISSIBILITY IN EVIDENCE.--In a proceeding,

24  evidence of a record or signature may not be excluded solely

25  because the record or signature is in electronic form.

26         (14)  AUTOMATED TRANSACTIONS.--In an automated

27  transaction, the following rules apply:

28         (a)  A contract may be formed by the interaction of

29  electronic agents of the parties, even if no individual was

30  aware of or reviewed the electronic agents' actions or the

31  resulting terms and agreements.

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                                                  SENATE AMENDMENT

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    Amendment No. ___





  1         (b)  A contract may be formed by the interaction of an

  2  electronic agent and an individual, acting on the individual's

  3  own behalf or for another person, including by an interaction

  4  in which the individual performs actions that the individual

  5  is free to refuse to perform and which the individual knows or

  6  has reason to know will cause the electronic agent to complete

  7  the transaction or performance.

  8         (c)  The terms of the contract are determined by the

  9  substantive law applicable to the contract.

10         (15)  TIME AND PLACE OF SENDING AND RECEIVING.--

11         (a)  Unless otherwise agreed between the sender and the

12  recipient, an electronic record is sent when the record:

13         1.  Is addressed properly or otherwise directed

14  properly to an information processing system that the

15  recipient has designated or uses for the purpose of receiving

16  electronic records or information of the type sent and from

17  which the recipient is able to retrieve the electronic record.

18         2.  Is in a form capable of being processed by that

19  system.

20         3.  Enters an information processing system outside the

21  control of the sender or of a person that sent the electronic

22  record on behalf of the sender or enters a region of the

23  information processing system designated or used by the

24  recipient which is under the control of the recipient.

25         (b)  Unless otherwise agreed between a sender and the

26  recipient, an electronic record is received when the record

27  enters an information processing system that the recipient has

28  designated or uses for the purpose of receiving electronic

29  records or information of the type sent and from which the

30  recipient is able to retrieve the electronic record; and is in

31  a form capable of being processed by that system.

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                                                  SENATE AMENDMENT

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    Amendment No. ___





  1         (c)  Paragraph (b) applies even if the place the

  2  information processing system is located is different from the

  3  place the electronic record is deemed to be received under

  4  paragraph (d).

  5         (d)  Unless otherwise expressly provided in the

  6  electronic record or agreed between the sender and the

  7  recipient, an electronic record is deemed to be sent from the

  8  sender's place of business and to be received at the

  9  recipient's place of business. For purposes of this paragraph,

10  the following rules apply:

11         1.  If the sender or recipient has more than one place

12  of business, the place of business of that person is the place

13  having the closest relationship to the underlying transaction.

14         2.  If the sender or the recipient does not have a

15  place of business, the place of business is the sender's or

16  recipient's residence, as the case may be.

17         (e)  An electronic record is received under paragraph

18  (b) even if no individual is aware of its receipt.

19         (f)  Receipt of an electronic acknowledgment from an

20  information processing system described in paragraph (b)

21  establishes that a record was received but, by itself, does

22  not establish that the content sent corresponds to the content

23  received.

24         (g)  If a person is aware that an electronic record

25  purportedly sent under paragraph (a), or purportedly received

26  under paragraph (b), was not actually sent or received, the

27  legal effect of the sending or receipt is determined by other

28  applicable provisions of law. Except to the extent permitted

29  by the other provisions of law, the requirements of this

30  paragraph may not be varied by agreement.

31         (h)  An automated transaction does not establish the

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                                                  SENATE AMENDMENT

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    Amendment No. ___





  1  acceptability of an electronic record for recording purposes.

  2         (16)  TRANSFERABLE RECORDS.--

  3         (a)  For purposes of this paragraph, "transferable

  4  record" means an electronic record that:

  5         1.  Would be a note under chapter 673, Florida

  6  Statutes, or a document under chapter 677, Florida Statutes,

  7  if the electronic record were in writing.

  8         2.  The issuer of the electronic record expressly has

  9  agreed is a transferable record.

10         (b)  A person has control of a transferable record if a

11  system employed for evidencing the transfer of interests in

12  the transferable record reliably establishes that person as

13  the person to which the transferable record was issued or

14  transferred.

15         (c)  A system satisfies paragraph (b), and a person is

16  deemed to have control of a transferable record, if the

17  transferable record is created, stored, and assigned in such a

18  manner that:

19         1.  A single authoritative copy of the transferable

20  record exists which is unique, identifiable, and, except as

21  otherwise provided in subparagraphs 4., 5., and 6.,

22  unalterable.

23         2.  The authoritative copy identifies the person

24  asserting control as the person to which the transferable

25  record was issued or, if the authoritative copy indicates that

26  the transferable record has been transferred, the person to

27  which the transferable record was most recently transferred.

28         3.  The authoritative copy is communicated to and

29  maintained by the person asserting control or its designated

30  custodian.

31         4.  Copies or revisions that add or change an

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  1  identified assignee of the authoritative copy can be made only

  2  with the consent of the person asserting control.

  3         5.  Each copy of the authoritative copy and any copy of

  4  a copy is readily identifiable as a copy that is not the

  5  authoritative copy.

  6         6.  Any revision of the authoritative copy is readily

  7  identifiable as authorized or unauthorized.

  8         (d)  Except as otherwise agreed, a person having

  9  control of a transferable record is the holder, as defined in

10  s. 671.201(20), of the transferable record and has the same

11  rights and defenses as a holder of an equivalent record or

12  writing under the Uniform Commercial Code, including, if the

13  applicable statutory requirements under s. 673.3021, s.

14  677.501, or s. 679.308 are satisfied, the rights and defenses

15  of a holder in due course, a holder to which a negotiable

16  document of title has been duly negotiated, or a purchaser,

17  respectively. Delivery, possession, and indorsement are not

18  required to obtain or exercise any of the rights under this

19  paragraph.

20         (e)  Except as otherwise agreed, an obligor under a

21  transferable record has the same rights and defenses as an

22  equivalent obligor under equivalent records or writings under

23  the Uniform Commercial Code.

24         (f)  If requested by a person against which enforcement

25  is sought, the person seeking to enforce the transferable

26  record shall provide reasonable proof that the person is in

27  control of the transferable record. Proof may include access

28  to the authoritative copy of the transferable record and

29  related business records sufficient to review the terms of the

30  transferable record and to establish the identity of the

31  person having control of the transferable record.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1         (17)  CREATION AND RETENTION OF ELECTRONIC RECORDS AND

  2  CONVERSION OF WRITTEN RECORDS BY GOVERNMENTAL AGENCIES.--Each

  3  governmental agency shall determine whether, and the extent to

  4  which, such agency will create and retain electronic records

  5  and convert written records to electronic records.

  6         (18)  ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS

  7  BY GOVERNMENTAL AGENCIES.--

  8         (a)  Except as otherwise provided in paragraph (12)(f),

  9  each governmental agency shall determine whether, and the

10  extent to which, such agency will send and accept electronic

11  records and electronic signatures to and from other persons

12  and otherwise create, generate, communicate, store, process,

13  use, and rely upon electronic records and electronic

14  signatures.

15         (b)  To the extent that a governmental agency uses

16  electronic records and electronic signatures under paragraph

17  (a), the state technology office, in consultation with the

18  governmental agency, giving due consideration to security, may

19  specify:

20         1.  The manner and format in which the electronic

21  records must be created, generated, sent, communicated,

22  received, and stored and the systems established for those

23  purposes.

24         2.  If electronic records must be signed by electronic

25  means, the type of electronic signature required, the manner

26  and format in which the electronic signature must be affixed

27  to the electronic record, and the identity of, or criteria

28  that must be met by, any third party used by a person filing a

29  document to facilitate the process.

30         3.  Control processes and procedures as appropriate to

31  ensure adequate preservation, disposition, integrity,

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                                                  SENATE AMENDMENT

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    Amendment No. ___





  1  security, confidentiality, and auditability of electronic

  2  records.

  3         4.  Any other required attributes for electronic

  4  records which are specified for corresponding nonelectronic

  5  records or reasonably necessary under the circumstances.

  6         (c)  Except as otherwise provided in paragraph (12)(f),

  7  this section does not require a governmental agency of this

  8  state to use or permit the use of electronic records or

  9  electronic signatures.

10         (d)  Service charges and fees otherwise established by

11  law applicable to the filing of nonelectronic records shall

12  apply in kind to the filing of electronic records.

13         (19)  INTEROPERABILITY.--The governmental agency which

14  adopts standards pursuant to subsection (18) may encourage and

15  promote consistency and interoperability with similar

16  requirements adopted by other governmental agencies of this

17  and other states and the Federal Government and

18  nongovernmental persons interacting with governmental agencies

19  of this state. If appropriate, those standards may specify

20  differing levels of standards from which governmental agencies

21  of this state may choose in implementing the most appropriate

22  standard for a particular application.

23         (20)  SEVERABILITY.--If any provision of this section

24  or its application to any person or circumstance is held

25  invalid, the invalidity does not affect other provisions or

26  applications of this section which can be given effect without

27  the invalid provision or application, and to this end the

28  provisions of this act are severable.

29         Section 2.  (1)  The Legislature finds that a proper

30  and legitimate state purpose is served by providing the public

31  with access to public records and information on the Internet

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1  and hereby determines that the provisions of this section

  2  fulfill and further an important state interest.

  3         (2)  No later than January 1, 2002, the county recorder

  4  in each county shall provide a current index of documents

  5  recorded in the official records of the county for the period

  6  beginning no later than January 1, 1990, on a publicly

  7  available Internet website which shall also contain a document

  8  requisition point for obtaining images or copies of the

  9  documents reflected in the index and which has the capability

10  of electronically providing the index data to a central

11  statewide search site.

12         (3)  Each county recorder shall use appropriate

13  Internet security measures to ensure that no person has the

14  ability to alter or to modify any public record.

15         (4)  Unless otherwise provided by law, no information

16  retrieved electronically pursuant to this section shall be

17  admissible in court as an authenticated document.

18         (5)  By January 1, 2006, each county recorder shall

19  provide for electronic retrieval, at a minimum, of images of

20  documents referenced as the index required to be maintained on

21  the county's official records website by this section.

22

23  (Redesignate subsequent sections.)

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25

26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 1, lines 2 and 3, delete those lines

29

30  and insert:

31                      A bill to be entitled

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1         An act relating to electronic commerce;

  2         providing a short title; providing definitions;

  3         providing scope; providing for prospective

  4         application; providing for use of electronic

  5         records and signatures; providing for variation

  6         by agreement among parties using electronic

  7         records and electronic signatures; providing

  8         construction and application; providing for

  9         uniformity; providing for legal recognition of

10         electronic records, signatures, and contracts;

11         providing for provision of information in

12         writing; providing for presentation of records;

13         providing for attribution and effect of

14         electronic records and electronic signatures;

15         providing for the effect of changes or errors

16         in electronic records; providing for

17         notarization and acknowledgment; providing for

18         retention of electronic records and originals;

19         providing for admissibility of electronic

20         records as evidence; providing for rules

21         applying to automated transactions; providing

22         for time and place of sending and receiving

23         electronic records and signatures; providing

24         for transferable records; providing for

25         creation and retention of electronic records by

26         governmental agencies; providing for conversion

27         of written records by governmental agencies;

28         providing for acceptance and distribution of

29         electronic records by governmental agencies;

30         providing for interoperability; providing

31         severability; requiring the county recorders to

                                  18
    9:11 AM   05/04/00                              s2474c1c-19j01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1         provide a statewide index of official records

  2         available on the Internet by a time certain;

  3         providing for security; requiring that the

  4         Internet information shall not be admissible in

  5         court; authorizing charging a reasonable fee

  6         for certain purposes; providing that the

  7         official records must be made available for

  8         electronic retrieval on the statewide site by a

  9         time certain; amending ss. 282.005, 282.101,

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