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 Commission; |
9 | providing the commission with certain powers and duties; |
10 | providing for membership and meetings of the commission; |
11 | providing that commission members shall serve without |
12 | compensation and may not claim per diem and travel |
13 | expenses from the Secretary of State; providing guidelines |
14 | for the department, in consultation with the commission, |
15 | to consider in adopting, amending, and repealing |
16 | standards; providing for uniformity of application and |
17 | construction; specifying the relation to a federal act; |
18 | providing an effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Section 695.27, Florida Statutes, is created to |
23 | read: |
24 | 695.27 Florida Uniform Real Property Electronic Recording |
25 | Act.-- |
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 |
31 | electronic or other medium and is retrievable in perceivable |
32 | form; and |
33 | 2. Eligible to be recorded in the Official Records, as |
34 | defined in s. 28.222, and maintained by a county recorder. |
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 such that, when recorded, is assigned the same document |
43 | number or a consecutive page number immediately following such |
44 | document and which is executed or adopted by a person with the |
45 | intent to sign the document. |
46 | (e) "Person" means an individual, corporation, business |
47 | trust, estate, trust, partnership, limited liability company, |
48 | association, joint venture, public corporation, government or |
49 | governmental subdivision, agency, instrumentality, or any other |
50 | legal or commercial entity. |
51 | (f) "State" means a state of the United States, the |
52 | District of Columbia, Puerto Rico, the United States Virgin |
53 | Islands, or any territory or insular possession subject to the |
54 | jurisdiction of the United States. |
55 | (3) VALIDITY OF ELECTRONIC DOCUMENTS.-- |
56 | (a) If a law requires, as a condition for recording, that |
57 | a document be an original, be on paper or another tangible |
58 | medium, or be in writing, the requirement is satisfied by an |
59 | electronic document satisfying the requirements of this section. |
60 | (b) If a law requires, as a condition for recording, that |
61 | a document be signed, the requirement is satisfied by an |
62 | electronic signature. |
63 | (c) A requirement that a document or a signature |
64 | associated with a document be notarized, acknowledged, verified, |
65 | witnessed, or made under oath is satisfied if the electronic |
66 | signature of the person authorized to perform that act, and all |
67 | other information required to be included, is attached to or |
68 | logically associated with the document or signature such that, |
69 | when recorded, it is assigned the same document number or a |
70 | consecutive page number immediately following such document. A |
71 | physical or electronic image of a stamp, impression, or seal |
72 | need not 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 accept electronically any fee or taxes that the |
94 | county recorder is authorized to collect. |
95 | 8. May agree with other officials of a state or a |
96 | political subdivision thereof, or of the United States, on |
97 | procedures or processes to facilitate the electronic |
98 | satisfaction of prior approvals and conditions precedent to |
99 | recording and the electronic payment of fees and taxes. |
100 | (5) ADMINISTRATION AND STANDARDS.-- |
101 | (a) The Department of State, by rule pursuant to ss. |
102 | 120.536(1) and 120.54, shall prescribe standards to implement |
103 | this section as developed by the Electronic Recording |
104 | Commission, which is hereby created. In developing the |
105 | standards, the commission may include requirements, |
106 | restrictions, and limitations on persons who may file |
107 | electronically to ensure the integrity of the documents |
108 | recorded. The commission shall consist of nine members, as |
109 | follows: |
110 | 1. Five members appointed by the Florida Association of |
111 | Court Clerks and Comptrollers. |
112 | 2. One attorney appointed by the Real Property, Probate |
113 | and Trust Law Section of The Florida Bar Association. |
114 | 3. Two members appointed by the Florida Land Title |
115 | Association. |
116 | 4. One member appointed by the Florida Bankers |
117 | Association. |
118 | (b) Appointed members shall serve 2-year terms. All |
119 | initial terms shall commence on the effective date of this act. |
120 | Members shall serve until their successors are appointed. An |
121 | appointing authority may reappoint a member for successive |
122 | terms. A vacancy on the commission shall be filled in the same |
123 | manner in which the original appointment was made, and the term |
124 | shall be for the balance of the unexpired term. |
125 | (c) The first meeting of the commission shall be within 60 |
126 | days of the effective date of this act. Thereafter, the |
127 | commission shall meet at the call of the chair, but at least |
128 | annually. |
129 | (d) The members of the council shall serve without |
130 | compensation and shall not claim per diem and travel expenses |
131 | from the Secretary of State. |
132 | (e) Standards developed by the commission shall be adopted |
133 | by the Secretary of State and published in the Florida |
134 | Administrative Code. |
135 | (f) To keep the standards and practices of county |
136 | recorders in this state in harmony with the standards and |
137 | practices of recording offices in other jurisdictions that enact |
138 | substantially this section and to keep the technology used by |
139 | county recorders in this state compatible with technology used |
140 | by recording offices in other jurisdictions that enact |
141 | substantially this section, the commission, so far as is |
142 | consistent with the purposes, policies, and provisions of this |
143 | section, in adopting, amending, and repealing standards, shall |
144 | consider: |
145 | 1. Standards and practices of other jurisdictions. |
146 | 2. The most recent standards adopted by national standard- |
147 | setting bodies, such as the Property Records Industry |
148 | Association. |
149 | 3. The views of interested persons and governmental |
150 | officials and entities. |
151 | 4. The needs of counties of varying size, population, and |
152 | resources. |
153 | 5. Standards requiring adequate information security |
154 | protection to ensure that electronic documents are accurate, |
155 | authentic, adequately preserved, and resistant to tampering. |
156 | (6) UNIFORMITY OF APPLICATION AND CONSTRUCTION.--In |
157 | applying and construing this section, consideration must be |
158 | given to the need to promote uniformity of the law with respect |
159 | to its subject matter among states that enact it. |
160 | (7) RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND |
161 | NATIONAL COMMERCE ACT.--This section modifies, limits, and |
162 | supersedes the federal Electronic Signatures in Global and |
163 | National Commerce Act, 15 U.S.C. ss. 7001 et seq., but this |
164 | section does not modify, limit, or supersede s. 101(c) of that |
165 | act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of |
166 | any of the notices described in s. 103(b) of that act, 15 U.S.C. |
167 | s. 7003(b). |
168 | Section 2. This act shall take effect upon becoming a law. |