Florida Senate - 2011                             CS for SB 1072
       
       
       
       By the Committee on Judiciary; and Senator Latvala
       
       
       
       
       590-02861-11                                          20111072c1
    1                        A bill to be entitled                      
    2         An act relating to the recording of real property
    3         documents; creating s. 695.28, F.S.; establishing that
    4         certain electronic documents accepted for recordation
    5         are validly recorded; providing legislative intent;
    6         providing for prospective and retroactive application;
    7         providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 695.28, Florida Statutes, is created to
   12  read:
   13         695.28 Validity of recorded electronic documents.—
   14         (1) A document that is otherwise entitled to be recorded
   15  and that was or is submitted to the clerk of the court or county
   16  recorder by electronic means and accepted for recordation is
   17  deemed validly recorded and provides notice to all persons
   18  notwithstanding:
   19         (a) That the document was received and accepted for
   20  recordation before the Department of State adopted standards
   21  implementing s. 695.27; or
   22         (b) Any defects in, deviations from, or the inability to
   23  demonstrate strict compliance with any statute, rule, or
   24  procedure to submit or record an electronic document in effect
   25  at the time the electronic document was submitted for recording.
   26         (2) This section does not alter the duty of the clerk or
   27  recorder to comply with s. 695.27 or rules adopted pursuant to
   28  that section.
   29         Section 2. This act is intended to clarify existing law and
   30  applies prospectively and retroactively.
   31         Section 3. This act shall take effect upon becoming a law.