HB 747

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 Commission;
9providing the commission with certain powers and duties;
10providing for membership and meetings of the commission;
11providing that commission members shall serve without
12compensation and may not claim per diem and travel
13expenses from the Secretary of State; providing guidelines
14for the department, in consultation with the commission,
15to consider in adopting, amending, and repealing
16standards; providing for uniformity of application and
17construction; specifying the relation to a federal act;
18providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Section 695.27, Florida Statutes, is created to
23read:
24     695.27  Florida Uniform Real Property Electronic Recording
25Act.--
26     (1)  SHORT TITLE.--This section may be cited as the
27"Florida 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 Official Records, as
34defined in s. 28.222, and maintained by a county recorder.
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 such that, when recorded, is assigned the same document
43number or a consecutive page number immediately following such
44document and which is executed or adopted by a person with the
45intent to sign the document.
46     (e)  "Person" means an individual, corporation, business
47trust, estate, trust, partnership, limited liability company,
48association, joint venture, public corporation, government or
49governmental subdivision, agency, instrumentality, or any other
50legal or commercial entity.
51     (f)  "State" means a state of the United States, the
52District of Columbia, Puerto Rico, the United States Virgin
53Islands, or any territory or insular possession subject to the
54jurisdiction of the United States.
55     (3)  VALIDITY OF ELECTRONIC DOCUMENTS.--
56     (a)  If a law requires, as a condition for recording, that
57a document be an original, be on paper or another tangible
58medium, or be in writing, the requirement is satisfied by an
59electronic document satisfying the requirements of this section.
60     (b)  If a law requires, as a condition for recording, that
61a document be signed, the requirement is satisfied by an
62electronic signature.
63     (c)  A requirement that a document or a signature
64associated with a document be notarized, acknowledged, verified,
65witnessed, or made under oath is satisfied if the electronic
66signature of the person authorized to perform that act, and all
67other information required to be included, is attached to or
68logically associated with the document or signature such that,
69when recorded, it is assigned the same document number or a
70consecutive page number immediately following such document. A
71physical or electronic image of a stamp, impression, or seal
72need not accompany 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 accept electronically any fee or taxes that the
94county recorder is authorized to collect.
95     8.  May agree with other officials of a state or a
96political subdivision thereof, or of the United States, on
97procedures or processes to facilitate the electronic
98satisfaction of prior approvals and conditions precedent to
99recording and the electronic payment of fees and taxes.
100     (5)  ADMINISTRATION AND STANDARDS.--
101     (a)  The Department of State, by rule pursuant to ss.
102120.536(1) and 120.54, shall prescribe standards to implement
103this section as developed by the Electronic Recording
104Commission, which is hereby created. In developing the
105standards, the commission may include requirements,
106restrictions, and limitations on persons who may file
107electronically to ensure the integrity of the documents
108recorded. The commission shall consist of nine members, as
109follows:
110     1.  Five members appointed by the Florida Association of
111Court Clerks and Comptrollers.
112     2.  One attorney appointed by the Real Property, Probate
113and Trust Law Section of The Florida Bar Association.
114     3.  Two members appointed by the Florida Land Title
115Association.
116     4.  One member appointed by the Florida Bankers
117Association.
118     (b)  Appointed members shall serve 2-year terms. All
119initial terms shall commence on the effective date of this act.
120Members shall serve until their successors are appointed. An
121appointing authority may reappoint a member for successive
122terms. A vacancy on the commission shall be filled in the same
123manner in which the original appointment was made, and the term
124shall be for the balance of the unexpired term.
125     (c)  The first meeting of the commission shall be within 60
126days of the effective date of this act. Thereafter, the
127commission shall meet at the call of the chair, but at least
128annually.
129     (d)  The members of the council shall serve without
130compensation and shall not claim per diem and travel expenses
131from the Secretary of State.
132     (e)  Standards developed by the commission shall be adopted
133by the Secretary of State and published in the Florida
134Administrative Code.
135     (f)  To keep the standards and practices of county
136recorders in this state in harmony with the standards and
137practices of recording offices in other jurisdictions that enact
138substantially this section and to keep the technology used by
139county recorders in this state compatible with technology used
140by recording offices in other jurisdictions that enact
141substantially this section, the commission, so far as is
142consistent with the purposes, policies, and provisions of this
143section, in adopting, amending, and repealing standards, shall
144consider:
145     1.  Standards and practices of other jurisdictions.
146     2.  The most recent standards adopted by national standard-
147setting bodies, such as the Property Records Industry
148Association.
149     3.  The views of interested persons and governmental
150officials and entities.
151     4.  The needs of counties of varying size, population, and
152resources.
153     5.  Standards requiring adequate information security
154protection to ensure that electronic documents are accurate,
155authentic, adequately preserved, and resistant to tampering.
156     (6)  UNIFORMITY OF APPLICATION AND CONSTRUCTION.--In
157applying and construing this section, consideration must be
158given to the need to promote uniformity of the law with respect
159to its subject matter among states that enact it.
160     (7)  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND
161NATIONAL COMMERCE ACT.--This section modifies, limits, and
162supersedes the federal Electronic Signatures in Global and
163National Commerce Act, 15 U.S.C. ss. 7001 et seq., but this
164section does not modify, limit, or supersede s. 101(c) of that
165act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of
166any of the notices described in s. 103(b) of that act, 15 U.S.C.
167s. 7003(b).
168     Section 2.  This act shall take effect upon becoming a law.


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