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. |