Florida Senate - 2010 SB 1288 By Senator Negron 28-01045B-10 20101288__ 1 A bill to be entitled 2 An act relating to electronic documents recorded in 3 the official records; amending s. 695.27, F.S.; 4 providing for the inclusion of an additional statute 5 in the Uniform Real Property Electronic Recording Act; 6 creating s. 695.28, F.S.; declaring that certain 7 electronic documents accepted for recordation are 8 deemed validly recorded; providing intent to clarify 9 existing law; providing for retroactive application; 10 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 as 18 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 received 30 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 a 48 document be an original, be on paper or another tangible medium, 49 or be in writing, the requirement is satisfied by an electronic 50 document satisfying the requirements of this section. 51 (b) If a law requires, as a condition for recording, that a 52 document be signed, the requirement is satisfied by an 53 electronic signature. 54 (c) A requirement that a document or a signature associated 55 with a document be notarized, acknowledged, verified, witnessed, 56 or made under oath is satisfied if the electronic signature of 57 the person authorized to perform that act, and all other 58 information required to be included, is attached to or logically 59 associated with the document or signature. A physical or 60 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 political 83 subdivision thereof, or of the United States, on procedures or 84 processes to facilitate the electronic satisfaction of prior 85 approvals and conditions precedent to recording. 86 (5) ADMINISTRATION AND STANDARDS.— 87 (a) The Department of State, by rule pursuant to ss. 88 120.536(1) and 120.54, shall prescribe standards to implement 89 this section in consultation with the Electronic Recording 90 Advisory Committee, which is hereby created. The Florida 91 Association of Court Clerks and Comptrollers shall provide 92 administrative support to the committee and technical support to 93 the Department of State and the committee at no charge. The 94 committee shall consist of nine members, as follows: 95 1. Five members appointed by the Florida Association of 96 Court Clerks and Comptrollers, one of whom must be an official 97 from a large urban charter county where the duty to maintain 98 official records exists in a county office other than the clerk 99 of court or comptroller. 100 2. One attorney appointed by the Real Property, Probate and 101 Trust Law Section of The Florida Bar Association. 102 3. Two members appointed by the Florida Land Title 103 Association. 104 4. One member appointed by the Florida Bankers Association. 105 (b) Appointed members shall serve a 1-year term. All 106 initial terms shall commence on the effective date of this act. 107 Members shall serve until their successors are appointed. An 108 appointing authority may reappoint a member for successive 109 terms. A vacancy on the committee shall be filled in the same 110 manner in which the original appointment was made, and the term 111 shall be for the balance of the unexpired term. 112 (c) The first meeting of the committee shall be within 60 113 days of the effective date of this act. Thereafter, the 114 committee shall meet at the call of the chair, but at least 115 annually. 116 (d) The members of the committee shall serve without 117 compensation and shall not claim per diem and travel expenses 118 from the Secretary of State. 119 (e) To keep the standards and practices of county recorders 120 in this state in harmony with the standards and practices of 121 recording offices in other jurisdictions that enact 122 substantially this section and to keep the technology used by 123 county recorders in this state compatible with technology used 124 by recording offices in other jurisdictions that enact 125 substantially this section, the Department of State, in 126 consultation with the committee, so far as is consistent with 127 the purposes, policies, and provisions of this section, in 128 adopting, amending, and repealing standards, shall consider: 129 1. Standards and practices of other jurisdictions. 130 2. The most recent standards adopted by national standard 131 setting bodies, such as the Property Records Industry 132 Association. 133 3. The views of interested persons and governmental 134 officials and entities. 135 4. The needs of counties of varying size, population, and 136 resources. 137 5. Standards requiring adequate information security 138 protection to ensure that electronic documents are accurate, 139 authentic, adequately preserved, and resistant to tampering. 140 (f) The committee shall terminate on July 1, 2010. 141 (6) UNIFORMITY OF APPLICATION AND CONSTRUCTION.—In applying 142 and construing this section, consideration must be given to the 143 need to promote uniformity of the law with respect to its 144 subject matter among states that enact it. 145 (7) RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND 146 NATIONAL COMMERCE ACT.—This section modifies, limits, and 147 supersedes the federal Electronic Signatures in Global and 148 National Commerce Act, 15 U.S.C. ss. 7001 et seq., but this 149 section does not modify, limit, or supersede s. 101(c) of that 150 act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of 151 any of the notices described in s. 103(b) of that act, 15 U.S.C. 152 s. 7003(b). 153 Section 2. Section 695.28, Florida Statutes is created to 154 read: 155 695.28 Validity of recorded electronic documents.— 156 (1) A document that is otherwise entitled to be recorded 157 and that was or is submitted to the clerk of the court or county 158 recorder by electronic means and accepted for recordation is 159 deemed validly recorded and provides notice to all persons 160 notwithstanding: 161 (a) That the document was received and accepted for 162 recordation before the Department of State adopted standards 163 implementing s. 695.27; or 164 (b) Any defects in, deviations from, or the inability to 165 demonstrate strict compliance with any statute, rule, or 166 procedure to submit or record an electronic document in effect 167 at the time the electronic document was submitted for recording. 168 (2) This section does not alter the duty of the clerk or 169 recorder to comply with s. 695.27 or rules adopted pursuant to 170 that section. 171 Section 3. This act is intended to clarify existing law and 172 applies prospectively and retroactively. 173 Section 4. This act shall take effect upon becoming a law.