HB 7091

1
A bill to be entitled
2An act relating to real property electronic recording;
3creating s. 695.27, F.S.; providing a short title;
4providing definitions; providing for the validity of
5electronic documents relating to real property; providing
6for the recording of electronic documents by the county
7recorder; granting the Department of State rulemaking
8authority; creating the Electronic Recording Council;
9requiring the department to make specific written findings
10if any of the council's recommendations are rejected;
11providing for membership and meetings of the council;
12providing that council members shall serve without
13compensation and may not claim per diem and travel
14expenses from the Secretary of State; providing guidelines
15for the department, in consultation with the council, to
16consider in adopting, amending, and repealing standards;
17providing for uniformity of application and construction;
18specifying the relation to a federal act; providing an
19effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Section 695.27, Florida Statutes, is created to
24read:
25     695.27  Uniform Real Property Electronic Recording Act.--
26     (1)  SHORT TITLE.--This section may be cited as the
27"Uniform Real Property Electronic Recording Act."
28     (2)  DEFINITIONS.--As used in this section:
29     (a)  "Document" means information that is:
30     1.  Inscribed on a tangible medium or that is stored in an
31electronic or other medium and is retrievable in perceivable
32form; and
33     2.  Eligible to be recorded in the land records maintained
34by a county recorder pursuant to s. 28.222.
35     (b)  "Electronic" means relating to technology having
36electrical, digital, magnetic, wireless, optical,
37electromagnetic, or similar capabilities.
38     (c)  "Electronic document" means a document that is
39received by a county recorder in an electronic form.
40     (d)  "Electronic signature" means an electronic sound,
41symbol, or process attached to or logically associated with a
42document and executed or adopted by a person with the intent to
43sign the document.
44     (e)  "Logically associated" means information recorded
45simultaneously with the document to which it pertains and
46assigned the same document number or a consecutive page number
47immediately following such document.
48     (f)  "Person" means an individual, corporation, business
49trust, estate, trust, partnership, limited liability company,
50association, joint venture, public corporation, or government;
51governmental subdivision, agency, or instrumentality; or any
52other legal or commercial entity.
53     (g)  "State" means a state of the United States, the
54District of Columbia, Puerto Rico, the United States Virgin
55Islands, or any territory or insular possession subject to the
56jurisdiction of the United States.
57     (3)  VALIDITY OF ELECTRONIC DOCUMENTS.--
58     (a)  If a law requires, as a condition for recording, that
59a document be an original, be on paper or another tangible
60medium, or be in writing, the requirement is satisfied by an
61electronic document satisfying the requirements of this section.
62     (b)  If a law requires, as a condition for recording, that
63a document be signed, the requirement is satisfied by an
64electronic signature.
65     (c)  A requirement that a document or a signature
66associated with a document be notarized, acknowledged, verified,
67witnessed, or made under oath is satisfied if the electronic
68signature of the person authorized to perform that act, and all
69other information required to be included, is attached to or
70logically associated with the document or signature. A physical
71or electronic image of a stamp, impression, or seal need not
72accompany an electronic signature.
73     (4)  RECORDING OF DOCUMENTS.--
74     (a)  In this subsection, the term "paper document" means a
75document that is received by the county recorder in a form that
76is not electronic.
77     (b)  A county recorder:
78     1.  Who implements any of the functions listed in this
79section shall do so in compliance with standards established by
80rule by the Department of State.
81     2.  May receive, index, store, archive, and transmit
82electronic documents.
83     3.  May provide for access to, and for search and retrieval
84of, documents and information by electronic means.
85     4.  Who accepts electronic documents for recording shall
86continue to accept paper documents as authorized by state law
87and shall place entries for both types of documents in the same
88index.
89     5.  May convert paper documents accepted for recording into
90electronic form.
91     6.  May convert into electronic form information recorded
92before the county recorder began to record electronic documents.
93     7.  May agree with other officials of a state or a
94political subdivision thereof, or of the United States, on
95procedures or processes to facilitate the electronic
96satisfaction of prior approvals and conditions precedent to
97recording.
98     (5)  ADMINISTRATION AND STANDARDS.--
99     (a)  The Department of State, by rule pursuant to ss.
100120.536(1) and 120.54, shall prescribe standards to implement
101this section in consultation with the Electronic Recording
102Council, which is hereby created. The Secretary of State shall
103provide administrative support to the council, appoint the
104members of the council, and appoint the chair of the council.
105The Department of State shall make specific written findings if
106any of the council's recommendations are rejected. The council
107shall consist of nine members, as follows:
108     1.  Five clerks of circuit court or county recorders.
109     2.  Two persons working in the title insurance industry who
110are members of the Florida Land Title Association.
111     3.  One banker who is a member of the Florida Bankers
112Association.
113     4.  One attorney who is a member of the Real Property,
114Probate and Trust Law Section of The Florida Bar.
115     (b)  The first meeting of the council shall be held on or
116before July 30, 2006. Thereafter, the council shall meet at the
117call of the chair.
118     (c)  The members of the council shall serve without
119compensation and shall not claim per diem and travel expenses
120from the Secretary of State.
121     (d)  To keep the standards and practices of county
122recorders in this state in harmony with the standards and
123practices of recording offices in other jurisdictions that enact
124substantially this section and to keep the technology used by
125county recorders in this state compatible with technology used
126by recording offices in other jurisdictions that enact
127substantially this section, the Department of State, in
128consultation with the council, so far as is consistent with the
129purposes, policies, and provisions of this section, in adopting,
130amending, and repealing standards, shall consider:
131     1.  Standards and practices of other jurisdictions.
132     2.  The most recent standards adopted by national standard-
133setting bodies, such as the Property Records Industry
134Association.
135     3.  The views of interested persons and governmental
136officials and entities.
137     4.  The needs of counties of varying size, population, and
138resources.
139     5.  Standards requiring adequate information security
140protection to ensure that electronic documents are accurate,
141authentic, adequately preserved, and resistant to tampering.
142     (6)  UNIFORMITY OF APPLICATION AND CONSTRUCTION.--In
143applying and construing this section, consideration must be
144given to the need to promote uniformity of the law with respect
145to its subject matter among states that enact it.
146     (7)  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND
147NATIONAL COMMERCE ACT.--This section modifies, limits, and
148supersedes the federal Electronic Signatures in Global and
149National Commerce Act, 15 U.S.C. ss. 7001 et seq., but this
150section does not modify, limit, or supersede s. 101(c) of that
151act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of
152any of the notices described in s. 103(b) of that act, 15 U.S.C.
153s. 7003(b).
154     Section 2.  This act shall take effect upon becoming a law.


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