1 | A bill to be entitled |
2 | An act relating to real property electronic recording; |
3 | creating s. 695.27, F.S.; providing a short title; |
4 | providing definitions; providing for the validity of |
5 | electronic documents relating to real property; providing |
6 | for the recording of electronic documents by the county |
7 | recorder; granting the Department of State rulemaking |
8 | authority; creating the Electronic Recording Council; |
9 | requiring the department to make specific written findings |
10 | if any of the council's recommendations are rejected; |
11 | providing for membership and meetings of the council; |
12 | providing that council members shall serve without |
13 | compensation and may not claim per diem and travel |
14 | expenses from the Secretary of State; providing guidelines |
15 | for the department, in consultation with the council, to |
16 | consider in adopting, amending, and repealing standards; |
17 | providing for uniformity of application and construction; |
18 | specifying the relation to a federal act; providing an |
19 | effective date. |
20 |
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21 | Be It Enacted by the Legislature of the State of Florida: |
22 |
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23 | Section 1. Section 695.27, Florida Statutes, is created to |
24 | read: |
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 |
31 | electronic or other medium and is retrievable in perceivable |
32 | form; and |
33 | 2. Eligible to be recorded in the land records maintained |
34 | by a county recorder pursuant to s. 28.222. |
35 | (b) "Electronic" means relating to technology having |
36 | electrical, digital, magnetic, wireless, optical, |
37 | electromagnetic, or similar capabilities. |
38 | (c) "Electronic document" means a document that is |
39 | received by a county recorder in an electronic form. |
40 | (d) "Electronic signature" means an electronic sound, |
41 | symbol, or process attached to or logically associated with a |
42 | document and executed or adopted by a person with the intent to |
43 | sign the document. |
44 | (e) "Logically associated" means information recorded |
45 | simultaneously with the document to which it pertains and |
46 | assigned the same document number or a consecutive page number |
47 | immediately following such document. |
48 | (f) "Person" means an individual, corporation, business |
49 | trust, estate, trust, partnership, limited liability company, |
50 | association, joint venture, public corporation, or government; |
51 | governmental subdivision, agency, or instrumentality; or any |
52 | other legal or commercial entity. |
53 | (g) "State" means a state of the United States, the |
54 | District of Columbia, Puerto Rico, the United States Virgin |
55 | Islands, or any territory or insular possession subject to the |
56 | jurisdiction of the United States. |
57 | (3) VALIDITY OF ELECTRONIC DOCUMENTS.-- |
58 | (a) If a law requires, as a condition for recording, that |
59 | a document be an original, be on paper or another tangible |
60 | medium, or be in writing, the requirement is satisfied by an |
61 | electronic document satisfying the requirements of this section. |
62 | (b) If a law requires, as a condition for recording, that |
63 | a document be signed, the requirement is satisfied by an |
64 | electronic signature. |
65 | (c) A requirement that a document or a signature |
66 | associated with a document be notarized, acknowledged, verified, |
67 | witnessed, or made under oath is satisfied if the electronic |
68 | signature of the person authorized to perform that act, and all |
69 | other information required to be included, is attached to or |
70 | logically associated with the document or signature. A physical |
71 | or electronic image of a stamp, impression, or seal need not |
72 | accompany an electronic signature. |
73 | (4) RECORDING OF DOCUMENTS.-- |
74 | (a) In this subsection, the term "paper document" means a |
75 | document that is received by the county recorder in a form that |
76 | is not electronic. |
77 | (b) A county recorder: |
78 | 1. Who implements any of the functions listed in this |
79 | section shall do so in compliance with standards established by |
80 | rule by the Department of State. |
81 | 2. May receive, index, store, archive, and transmit |
82 | electronic documents. |
83 | 3. May provide for access to, and for search and retrieval |
84 | of, documents and information by electronic means. |
85 | 4. Who accepts electronic documents for recording shall |
86 | continue to accept paper documents as authorized by state law |
87 | and shall place entries for both types of documents in the same |
88 | index. |
89 | 5. May convert paper documents accepted for recording into |
90 | electronic form. |
91 | 6. May convert into electronic form information recorded |
92 | before the county recorder began to record electronic documents. |
93 | 7. May agree with other officials of a state or a |
94 | political subdivision thereof, or of the United States, on |
95 | procedures or processes to facilitate the electronic |
96 | satisfaction of prior approvals and conditions precedent to |
97 | recording. |
98 | (5) ADMINISTRATION AND STANDARDS.-- |
99 | (a) The Department of State, by rule pursuant to ss. |
100 | 120.536(1) and 120.54, shall prescribe standards to implement |
101 | this section in consultation with the Electronic Recording |
102 | Council, which is hereby created. The Secretary of State shall |
103 | provide administrative support to the council, appoint the |
104 | members of the council, and appoint the chair of the council. |
105 | The Department of State shall make specific written findings if |
106 | any of the council's recommendations are rejected. The council |
107 | shall 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 |
110 | are members of the Florida Land Title Association. |
111 | 3. One banker who is a member of the Florida Bankers |
112 | Association. |
113 | 4. One attorney who is a member of the Real Property, |
114 | Probate and Trust Law Section of The Florida Bar. |
115 | (b) The first meeting of the council shall be held on or |
116 | before July 30, 2006. Thereafter, the council shall meet at the |
117 | call of the chair. |
118 | (c) The members of the council shall serve without |
119 | compensation and shall not claim per diem and travel expenses |
120 | from the Secretary of State. |
121 | (d) To keep the standards and practices of county |
122 | recorders in this state in harmony with the standards and |
123 | practices of recording offices in other jurisdictions that enact |
124 | substantially this section and to keep the technology used by |
125 | county recorders in this state compatible with technology used |
126 | by recording offices in other jurisdictions that enact |
127 | substantially this section, the Department of State, in |
128 | consultation with the council, so far as is consistent with the |
129 | purposes, policies, and provisions of this section, in adopting, |
130 | amending, and repealing standards, shall consider: |
131 | 1. Standards and practices of other jurisdictions. |
132 | 2. The most recent standards adopted by national standard- |
133 | setting bodies, such as the Property Records Industry |
134 | Association. |
135 | 3. The views of interested persons and governmental |
136 | officials and entities. |
137 | 4. The needs of counties of varying size, population, and |
138 | resources. |
139 | 5. Standards requiring adequate information security |
140 | protection to ensure that electronic documents are accurate, |
141 | authentic, adequately preserved, and resistant to tampering. |
142 | (6) UNIFORMITY OF APPLICATION AND CONSTRUCTION.--In |
143 | applying and construing this section, consideration must be |
144 | given to the need to promote uniformity of the law with respect |
145 | to its subject matter among states that enact it. |
146 | (7) RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND |
147 | NATIONAL COMMERCE ACT.--This section modifies, limits, and |
148 | supersedes the federal Electronic Signatures in Global and |
149 | National Commerce Act, 15 U.S.C. ss. 7001 et seq., but this |
150 | section does not modify, limit, or supersede s. 101(c) of that |
151 | act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of |
152 | any of the notices described in s. 103(b) of that act, 15 U.S.C. |
153 | s. 7003(b). |
154 | Section 2. This act shall take effect upon becoming a law. |