Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1554
       
       
       
       
       
       
                                Ì939788sÎ939788                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2017           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Banking and Insurance (Young) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 194 - 234
    4  and insert:
    5         (g) If a document is provided to a recipient solely through
    6  electronic posting pursuant to this subsection, the recipient
    7  must be able to access and print or download the document until
    8  the earlier of remain accessible to the recipient on the
    9  electronic account or website for at least 4 years after the
   10  date that the document is deemed received by the recipient or
   11  the date upon which the recipient’s access to the electronic
   12  account or website is terminated for any reason.
   13         1. If the recipient’s access to the electronic account or
   14  website is terminated for any reason, such termination does not
   15  invalidate the notice or sending of any document previously
   16  posted on the electronic account or website in accordance with
   17  this subsection, but may toll the applicable limitations period
   18  as provided in subparagraph 2.
   19         2. If the recipient’s access to the electronic account or
   20  website is terminated by the sender sooner than 4 years after
   21  the date on which the document was received by the recipient,
   22  any applicable limitations period set forth in s. 736.1008(1) or
   23  (2) which is still running is tolled for any information
   24  adequately disclosed in a document sent solely by electronic
   25  posting, from the date on which the recipient’s access to the
   26  electronic account or website was terminated by the sender until
   27  45 days after the date on which the sender provides one of the
   28  following to the recipient by means other than electronic
   29  posting:
   30         a. Notice of such termination and notification to the
   31  recipient that he or she may request that any documents sent
   32  during the prior 4 years solely through electronic posting be
   33  provided to him or her by other means at no cost; or
   34         b. Notice of such termination and notification to the
   35  recipient that his or her access to the electronic account or
   36  website has been restored.
   37  
   38  Any applicable limitations period is further tolled from the
   39  date on which any request is made pursuant to sub-subparagraph
   40  2.a. until 20 days after the date on which the requested
   41  documents are provided to the recipient by means other than
   42  electronic posting The electronic account or website must allow
   43  the recipient to download or print the document. This subsection
   44  does not affect or alter the duties of a trustee to keep clear,
   45  distinct, and accurate records pursuant to s. 736.0810 or affect
   46  or alter the time periods for which the trustee must maintain
   47  those records.