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         695.28Validity 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.