HB 1179

1	A bill to be entitled
2	An act relating to electronic documents recorded in the
3	official records; amending s. 695.27, F.S.; providing for
4	the inclusion of an additional statute in the Uniform Real
5	Property Electronic Recording Act; delaying termination of
6	the Electronic Recording Advisory Committee; creating s.
7	695.28, F.S.; declaring that certain electronic documents
8	accepted for recordation are deemed validly recorded;
9	providing intent to clarify existing law; providing for
10	retroactive application; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 695.27, Florida Statutes, is amended to
15	read:
16	695.27  Uniform Real Property Electronic Recording Act.-
17	(1)  SHORT TITLE.-This section and s. 695.28 may be cited
18	as the "Uniform Real Property Electronic Recording Act."
19	(2)  DEFINITIONS.-As used in this section and s. 695.28:
20	(a)  "Document" means information that is:
21	1.  Inscribed on a tangible medium or that is stored in an
22	electronic or other medium and is retrievable in perceivable
23	form; and
24	2.  Eligible to be recorded in the Official Records, as
25	defined in s. 28.222, and maintained by a county recorder.
26	(b)  "Electronic" means relating to technology having
27	electrical, digital, magnetic, wireless, optical,
28	electromagnetic, or similar capabilities.
29	(c)  "Electronic document" means a document that is
30	received by a county recorder in an electronic form.
31	(d)  "Electronic signature" means an electronic sound,
32	symbol, or process that is executed or adopted by a person with
33	the intent to sign the document and is attached to or logically
34	associated with a document such that, when recorded, it is
35	assigned the same document number or a consecutive page number
36	immediately following such document.
37	(e)  "Person" means an individual, corporation, business
38	trust, estate, trust, partnership, limited liability company,
39	association, joint venture, public corporation, government or
40	governmental subdivision, agency, instrumentality, or any other
41	legal or commercial entity.
42	(f)  "State" means a state of the United States, the
43	District of Columbia, Puerto Rico, the United States Virgin
44	Islands, or any territory or insular possession subject to the
45	jurisdiction of the United States.
46	(3)  VALIDITY OF ELECTRONIC DOCUMENTS.-
47	(a)  If a law requires, as a condition for recording, that
48	a document be an original, be on paper or another tangible
49	medium, or be in writing, the requirement is satisfied by an
50	electronic document satisfying the requirements of this section.
51	(b)  If a law requires, as a condition for recording, that
52	a document be signed, the requirement is satisfied by an
53	electronic signature.
54	(c)  A requirement that a document or a signature
55	associated with a document be notarized, acknowledged, verified,
56	witnessed, or made under oath is satisfied if the electronic
57	signature of the person authorized to perform that act, and all
58	other information required to be included, is attached to or
59	logically associated with the document or signature. A physical
60	or electronic image of a stamp, impression, or seal need not
61	accompany an electronic signature.
62	(4)  RECORDING OF DOCUMENTS.-
63	(a)  In this subsection, the term "paper document" means a
64	document that is received by the county recorder in a form that
65	is not electronic.
66	(b)  A county recorder:
67	1.  Who implements any of the functions listed in this
68	section shall do so in compliance with standards established by
69	rule by the Department of State.
70	2.  May receive, index, store, archive, and transmit
71	electronic documents.
72	3.  May provide for access to, and for search and retrieval
73	of, documents and information by electronic means.
74	4.  Who accepts electronic documents for recording shall
75	continue to accept paper documents as authorized by state law
76	and shall place entries for both types of documents in the same
77	index.
78	5.  May convert paper documents accepted for recording into
79	electronic form.
80	6.  May convert into electronic form information recorded
81	before the county recorder began to record electronic documents.
82	7.  May agree with other officials of a state or a
83	political subdivision thereof, or of the United States, on
84	procedures or processes to facilitate the electronic
85	satisfaction of prior approvals and conditions precedent to
86	recording.
87	(5)  ADMINISTRATION AND STANDARDS.-
88	(a)  The Department of State, by rule pursuant to ss.
89	120.536(1) and 120.54, shall prescribe standards to implement
90	this section in consultation with the Electronic Recording
91	Advisory Committee, which is hereby created. The Florida
92	Association of Court Clerks and Comptrollers shall provide
93	administrative support to the committee and technical support to
94	the Department of State and the committee at no charge. The
95	committee shall consist of nine members, as follows:
96	1.  Five members appointed by the Florida Association of
97	Court Clerks and Comptrollers, one of whom must be an official
98	from a large urban charter county where the duty to maintain
99	official records exists in a county office other than the clerk
100	of court or comptroller.
101	2.  One attorney appointed by the Real Property, Probate
102	and Trust Law Section of The Florida Bar Association.
103	3.  Two members appointed by the Florida Land Title
104	Association.
105	4.  One member appointed by the Florida Bankers
106	Association.
107	(b)  Appointed members shall serve a 1-year term. All
108	initial terms shall commence on the effective date of this act.
109	Members shall serve until their successors are appointed. An
110	appointing authority may reappoint a member for successive
111	terms. A vacancy on the committee shall be filled in the same
112	manner in which the original appointment was made, and the term
113	shall be for the balance of the unexpired term.
114	(c)  The first meeting of the committee shall be within 60
115	days of the effective date of this act. Thereafter, the
116	committee shall meet at the call of the chair, but at least
117	annually.
118	(d)  The members of the committee shall serve without
119	compensation and shall not claim per diem and travel expenses
120	from the Secretary of State.
121	(e)  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 committee, so far as is consistent with
129	the purposes, policies, and provisions of this section, in
130	adopting, 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	(f)  The committee shall terminate on July 1, 2013 2010.
143	(6)  UNIFORMITY OF APPLICATION AND CONSTRUCTION.-In
144	applying and construing this section, consideration must be
145	given to the need to promote uniformity of the law with respect
146	to its subject matter among states that enact it.
147	(7)  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND
148	NATIONAL COMMERCE ACT.-This section modifies, limits, and
149	supersedes the federal Electronic Signatures in Global and
150	National Commerce Act, 15 U.S.C. ss. 7001 et seq., but this
151	section does not modify, limit, or supersede s. 101(c) of that
152	act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of
153	any of the notices described in s. 103(b) of that act, 15 U.S.C.
154	s. 7003(b).
155	Section 2.  Section 695.28, Florida Statutes is created to
156	read:
157	695.28  Validity of recorded electronic documents.-
158	(1)  A document that is otherwise entitled to be recorded
159	and that was or is submitted to the clerk of the court or county
160	recorder by electronic means and accepted for recordation is
161	deemed validly recorded and provides notice to all persons
162	notwithstanding:
163	(a)  That the document was received and accepted for
164	recordation before the Department of State adopted standards
165	implementing s. 695.27; or
166	(b)  Any defects in, deviations from, or the inability to
167	demonstrate strict compliance with any statute, rule, or
168	procedure to submit or record an electronic document in effect
169	at the time the electronic document was submitted for recording.
170	(2)  This section does not alter the duty of the clerk or
171	recorder to comply with s. 695.27 or rules adopted pursuant to
172	that section.
173	Section 3.  This act is intended to clarify existing law
174	and applies prospectively and retroactively.
175	Section 4.  This act shall take effect upon becoming a law.

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