Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 1314 Ì203012XÎ203012 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/23/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Richter) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 33 - 114 4 and insert: 5 (3) In addition to the methods listed in subsection (1) for 6 sending a document, a sender may post a document to a secure 7 electronic account or website where the document can be 8 accessed. 9 (a) Before a document may be posted to an electronic 10 account or website, the recipient must sign a separate written 11 authorization solely for the purpose of authorizing the sender 12 to post documents on the electronic account or website. The 13 written authorization must: 14 1. Enumerate the documents that may be posted in this 15 manner. 16 2. Contain specific instructions for accessing the 17 electronic account or website, including the security procedures 18 required to access the electronic account or website, such as a 19 username and password. 20 3. Advise the recipient that a separate notice will be sent 21 when a document is posted to the electronic account or website 22 and the manner in which the separate notice will be sent. 23 4. Advise the recipient that the authorization to receive 24 documents by electronic posting may be amended or revoked at any 25 time and include specific instructions for revoking or amending 26 the authorization, including the address designated for the 27 purpose of receiving notice of the revocation or amendment. 28 5. Advise the recipient that posting a document on the 29 electronic account or website may commence a limitations period 30 as short as 6 months even if the recipient never actually 31 accesses the electronic account or website or the document. 32 (b) Once the recipient signs the written authorization, the 33 sender must provide a separate notice to the recipient when a 34 document is posted to the electronic account or website. As used 35 in this subsection, the term “separate notice” means a notice 36 sent to the recipient by means other than electronic posting 37 which identifies each document posted to the electronic account 38 or website and provides instructions for accessing the posted 39 document. The separate notice requirement is satisfied if the 40 recipient accesses the document on the electronic account or 41 website. 42 (c) A document sent by electronic posting is deemed 43 received by the recipient on the earlier of the date that the 44 separate notice is received or the date that the recipient 45 accesses the document on the electronic account or website. 46 (d) At least annually after a recipient signs a written 47 authorization, a sender shall send a notice advising the 48 recipient that posting a document on the electronic account or 49 website may commence a limitations period as short as 6 months 50 even if the recipient never accesses the electronic account or 51 website or the document and that the authorization to receive 52 documents by electronic posting may be amended or revoked at any 53 time. This notice must be given by means other than electronic 54 posting and may not be accompanied by any other written 55 communication. Failure to provide such notice within 380 days 56 after the last notice is deemed to automatically revoke the 57 authorization to receive documents in the manner permitted under 58 this subsection 380 days after the last notice is sent. 59 (e) The notice required in paragraph (d) may be in 60 substantially the following form: “You have authorized receipt 61 of documents through posting to an electronic account or website 62 where the documents can be accessed. This notice is being sent 63 to advise you that a limitations period, which may be as short 64 as 6 months, may be running as to matters disclosed in a trust 65 accounting or other written report of a trustee posted to the 66 electronic account or website even if you never actually access 67 the electronic account or website or the documents. You may 68 amend or revoke the authorization to receive documents by 69 electronic posting at any time. If you have any questions, 70 please consult your attorney.” 71 (f) A sender may rely on the recipient’s authorization 72 until the recipient amends or revokes the authorization by 73 sending a notice to the address designated for that purpose in 74 the authorization. The recipient, at any time, may amend or 75 revoke an authorization to have documents posted on the 76 electronic account or website. 77 (g) A document provided to a recipient solely through 78 electronic posting must remain accessible to the recipient on 79 the electronic account or website for at least 4 years after the 80 date that the document is deemed received by the recipient. The 81 electronic account or website must allow the recipient to 82 download or print the document. This subsection does not affect 83 or alter the duties of a trustee to keep clear, distinct, and 84 accurate records pursuant to s. 736.0810 or affect or alter the 85 time periods for which the trustee must maintain those records. 86 (h) To be effective, the posting of a document to an 87 electronic account or website must be done in accordance with 88 this subsection. The sender has the burden of 89 90 ================= T I T L E A M E N D M E N T ================ 91 And the title is amended as follows: 92 Delete lines 4 - 12 93 and insert: 94 sender to post a document to a secure electronic 95 account or website upon the authorization of a 96 recipient; providing for effective authorization for 97 such posting; requiring a sender to provide a separate 98 notice once a document is electronically posted; 99 specifying when a document sent electronically is 100 deemed received by the recipient; requiring a sender 101 to provide notice of the beginning of a limitations 102 period and authority of a recipient to amend or revoke