Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2038
                        Barcode 681490
                            CHAMBER ACTION
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11  The Committee on Judiciary (Saunders) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 695.27, Florida Statutes, is
19  created to read:
20         695.27  Uniform Real Property Electronic Recording
21  Act.--
22         (1)  SHORT TITLE.--This section may be cited as the
23  "Uniform Real Property Electronic Recording Act."
24         (2)  DEFINITIONS.--As used in this section:
25         (a)  "Document" means information that is:
26         1.  Inscribed on a tangible medium or that is stored in
27  an electronic or other medium and is retrievable in
28  perceivable form; and
29         2.  Eligible to be recorded in the Official Records, as
30  defined in s. 28.222, and maintained by a county recorder.
31         (b)  "Electronic" means relating to technology having
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2038 Barcode 681490 1 electrical, digital, magnetic, wireless, optical, 2 electromagnetic, or similar capabilities. 3 (c) "Electronic document" means a document that is 4 received by a county recorder in an electronic form. 5 (d) "Electronic signature" means an electronic sound, 6 symbol, or process that is executed or adopted by a person 7 with the intent to sign the document and is attached to or 8 logically associated with a document such that, when recorded, 9 it is assigned the same document number or a consecutive page 10 number immediately following such document. 11 (e) "Person" means an individual, corporation, 12 business trust, estate, trust, partnership, limited liability 13 company, association, joint venture, public corporation, 14 government or governmental subdivision, agency, 15 instrumentality, or any other legal or commercial entity. 16 (f) "State" means a state of the United States, the 17 District of Columbia, Puerto Rico, the United States Virgin 18 Islands, or any territory or insular possession subject to the 19 jurisdiction of the United States. 20 (3) VALIDITY OF ELECTRONIC DOCUMENTS.-- 21 (a) If a law requires, as a condition for recording, 22 that a document be an original, be on paper or another 23 tangible medium, or be in writing, the requirement is 24 satisfied by an electronic document satisfying the 25 requirements of this section. 26 (b) If a law requires, as a condition for recording, 27 that a document be signed, the requirement is satisfied by an 28 electronic signature. 29 (c) A requirement that a document or a signature 30 associated with a document be notarized, acknowledged, 31 verified, witnessed, or made under oath is satisfied if the 2 3:48 PM 03/16/07 s2038d-ju37-t02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2038 Barcode 681490 1 electronic signature of the person authorized to perform that 2 act, and all other information required to be included, is 3 attached to or logically associated with the document or 4 signature. A physical or electronic image of a stamp, 5 impression, or seal need not accompany an electronic 6 signature. 7 (4) RECORDING OF DOCUMENTS.-- 8 (a) In this subsection, the term "paper document" 9 means a document that is received by the county recorder in a 10 form that is not electronic. 11 (b) A county recorder: 12 1. Who implements any of the functions listed in this 13 section shall do so in compliance with standards established 14 by rule by the Department of State. 15 2. May receive, index, store, archive, and transmit 16 electronic documents. 17 3. May provide for access to, and for search and 18 retrieval of, documents and information by electronic means. 19 4. Who accepts electronic documents for recording 20 shall continue to accept paper documents as authorized by 21 state law and shall place entries for both types of documents 22 in the same index. 23 5. May convert paper documents accepted for recording 24 into electronic form. 25 6. May convert into electronic form information 26 recorded before the county recorder began to record electronic 27 documents. 28 7. May agree with other officials of a state or a 29 political subdivision thereof, or of the United States, on 30 procedures or processes to facilitate the electronic 31 satisfaction of prior approvals and conditions precedent to 3 3:48 PM 03/16/07 s2038d-ju37-t02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2038 Barcode 681490 1 recording. 2 (5) ADMINISTRATION AND STANDARDS.-- 3 (a) The Department of State, by rule pursuant to ss. 4 120.536(1) and 120.54, shall prescribe standards to implement 5 this section in consultation with the Electronic Recording 6 Advisory Committee, which is hereby created. The Florida 7 Association of County Clerks and Comptrollers shall provide 8 administrative support to the committee and technical support 9 to the Department of State and the committee. The committee 10 shall consist of nine members, as follows: 11 1. Five members appointed by the Florida Association 12 of Court Clerks and Comptrollers. 13 2. One attorney appointed by the Real Property, 14 Probate and Trust Law Section of The Florida Bar Association. 15 3. Two members appointed by the Florida Land Title 16 Association. 17 4. One member appointed by the Florida Bankers 18 Association. 19 (b) Appointed members shall serve a 1-year term. All 20 initial terms shall commence on the effective date of this 21 act. Members shall serve until their successors are appointed. 22 An appointing authority may reappoint a member for successive 23 terms. A vacancy on the committee shall be filled in the same 24 manner in which the original appointment was made, and the 25 term shall be for the balance of the unexpired term. 26 (c) The first meeting of the committee shall be within 27 60 days of the effective date of this act. Thereafter, the 28 committee shall meet at the call of the chair, but at least 29 annually. 30 (d) The members of the committee shall serve without 31 compensation and shall not claim per diem and travel expenses 4 3:48 PM 03/16/07 s2038d-ju37-t02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2038 Barcode 681490 1 from the Secretary of State. 2 (e) To keep the standards and practices of county 3 recorders in this state in harmony with the standards and 4 practices of recording offices in other jurisdictions that 5 enact substantially this section and to keep the technology 6 used by county recorders in this state compatible with 7 technology used by recording offices in other jurisdictions 8 that enact substantially this section, the Department of 9 State, in consultation with the committee, so far as is 10 consistent with the purposes, policies, and provisions of this 11 section, in adopting, amending, and repealing standards, shall 12 consider: 13 1. Standards and practices of other jurisdictions. 14 2. The most recent standards adopted by national 15 standard-setting bodies, such as the Property Records Industry 16 Association. 17 3. The views of interested persons and governmental 18 officials and entities. 19 4. The needs of counties of varying size, population, 20 and resources. 21 5. Standards requiring adequate information security 22 protection to ensure that electronic documents are accurate, 23 authentic, adequately preserved, and resistant to tampering. 24 (f) The committee shall terminate on July 1, 2010. 25 (6) UNIFORMITY OF APPLICATION AND CONSTRUCTION.--In 26 applying and construing this section, consideration must be 27 given to the need to promote uniformity of the law with 28 respect to its subject matter among states that enact it. 29 (7) RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND 30 NATIONAL COMMERCE ACT.--This section modifies, limits, and 31 supersedes the federal Electronic Signatures in Global and 5 3:48 PM 03/16/07 s2038d-ju37-t02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2038 Barcode 681490 1 National Commerce Act, 15 U.S.C. ss. 7001 et seq., but this 2 section does not modify, limit, or supersede s. 101(c) of that 3 act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of 4 any of the notices described in s. 103(b) of that act, 15 5 U.S.C. s. 7003(b). 6 Section 2. This act shall take effect upon becoming a 7 law. 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 On page 1, lines 10-19, delete those lines 13 14 and insert: 15 Recording Advisory Committee; providing the 16 committee with certain powers and duties; 17 providing for membership and meetings of the 18 committee; providing that committee members 19 shall serve without compensation and may not 20 claim per diem and travel expenses from the 21 Secretary of State; providing guidelines for 22 the department, in consultation with the 23 committee, to consider in adopting, amending, 24 and repealing standards; providing for the 25 termination of the committee; providing for 26 uniformity of 27 28 29 30 31 6 3:48 PM 03/16/07 s2038d-ju37-t02