| 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 are |
| 5 | validly recorded; providing legislative intent; providing |
| 6 | for prospective and retroactive application; providing an |
| 7 | effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 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 |
| 30 | and applies prospectively and retroactively. |
| 31 | Section 3. This act shall take effect upon becoming a law. |