Bill Text: FL S1288 | 2010 | Regular Session | Comm Sub

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Bill Title: Official Records/Electronic Documents [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal and Civil Justice Appropriations [S1288 Detail]

Download: Florida-2010-S1288-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1288 
 
By the Committee on Judiciary; and Senator Negron 
590-03225-10                                          20101288c1 
1                        A bill to be entitled 
2         An act relating to electronic documents recorded in 
3         the official records; amending s. 695.27, F.S.; 
4         providing for the inclusion of an additional statute 
5         in the Uniform Real Property Electronic Recording Act; 
6         delaying the termination of the Electronic Recording 
7         Advisory Committee; creating s. 695.28, F.S.; 
8         declaring that certain electronic documents accepted 
9         for recordation are deemed validly recorded; providing 
10         intent to clarify existing law; providing for 
11         retroactive application; providing an effective date. 
12 
13  Be It Enacted by the Legislature of the State of Florida: 
14 
15         Section 1. Section 695.27, Florida Statutes, is amended to 
16  read: 
17         695.27 Uniform Real Property Electronic Recording Act.— 
18         (1) SHORT TITLE.—This section and s. 695.28 may be cited as 
19  the “Uniform Real Property Electronic Recording Act.” 
20         (2) DEFINITIONS.—As used in this section and s. 695.28: 
21         (a) “Document” means information that is: 
22         1. Inscribed on a tangible medium or that is stored in an 
23  electronic or other medium and is retrievable in perceivable 
24  form; and 
25         2. Eligible to be recorded in the Official Records, as 
26  defined in s. 28.222, and maintained by a county recorder. 
27         (b) “Electronic” means relating to technology having 
28  electrical, digital, magnetic, wireless, optical, 
29  electromagnetic, or similar capabilities. 
30         (c) “Electronic document” means a document that is received 
31  by a county recorder in an electronic form. 
32         (d) “Electronic signature” means an electronic sound, 
33  symbol, or process that is executed or adopted by a person with 
34  the intent to sign the document and is attached to or logically 
35  associated with a document such that, when recorded, it is 
36  assigned the same document number or a consecutive page number 
37  immediately following such document. 
38         (e) “Person” means an individual, corporation, business 
39  trust, estate, trust, partnership, limited liability company, 
40  association, joint venture, public corporation, government or 
41  governmental subdivision, agency, instrumentality, or any other 
42  legal or commercial entity. 
43         (f) “State” means a state of the United States, the 
44  District of Columbia, Puerto Rico, the United States Virgin 
45  Islands, or any territory or insular possession subject to the 
46  jurisdiction of the United States. 
47         (3) VALIDITY OF ELECTRONIC DOCUMENTS.— 
48         (a) If a law requires, as a condition for recording, that a 
49  document be an original, be on paper or another tangible medium, 
50  or be in writing, the requirement is satisfied by an electronic 
51  document satisfying the requirements of this section. 
52         (b) If a law requires, as a condition for recording, that a 
53  document be signed, the requirement is satisfied by an 
54  electronic signature. 
55         (c) A requirement that a document or a signature associated 
56  with a document be notarized, acknowledged, verified, witnessed, 
57  or made under oath is satisfied if the electronic signature of 
58  the person authorized to perform that act, and all other 
59  information required to be included, is attached to or logically 
60  associated with the document or signature. A physical or 
61  electronic image of a stamp, impression, or seal need not 
62  accompany an electronic signature. 
63         (4) RECORDING OF DOCUMENTS.— 
64         (a) In this subsection, the term “paper document” means a 
65  document that is received by the county recorder in a form that 
66  is not electronic. 
67         (b) A county recorder: 
68         1. Who implements any of the functions listed in this 
69  section shall do so in compliance with standards established by 
70  rule by the Department of State. 
71         2. May receive, index, store, archive, and transmit 
72  electronic documents. 
73         3. May provide for access to, and for search and retrieval 
74  of, documents and information by electronic means. 
75         4. Who accepts electronic documents for recording shall 
76  continue to accept paper documents as authorized by state law 
77  and shall place entries for both types of documents in the same 
78  index. 
79         5. May convert paper documents accepted for recording into 
80  electronic form. 
81         6. May convert into electronic form information recorded 
82  before the county recorder began to record electronic documents. 
83         7. May agree with other officials of a state or a political 
84  subdivision thereof, or of the United States, on procedures or 
85  processes to facilitate the electronic satisfaction of prior 
86  approvals and conditions precedent to recording. 
87         (5) ADMINISTRATION AND STANDARDS.— 
88         (a) The Department of State, by rule pursuant to ss. 
89  120.536(1) and 120.54, shall prescribe standards to implement 
90  this section in consultation with the Electronic Recording 
91  Advisory Committee, which is hereby created. The Florida 
92  Association of Court Clerks and Comptrollers shall provide 
93  administrative support to the committee and technical support to 
94  the Department of State and the committee at no charge. The 
95  committee shall consist of nine members, as follows: 
96         1. Five members appointed by the Florida Association of 
97  Court Clerks and Comptrollers, one of whom must be an official 
98  from a large urban charter county where the duty to maintain 
99  official records exists in a county office other than the clerk 
100  of court or comptroller. 
101         2. One attorney appointed by the Real Property, Probate and 
102  Trust Law Section of The Florida Bar Association. 
103         3. Two members appointed by the Florida Land Title 
104  Association. 
105         4. One member appointed by the Florida Bankers Association. 
106         (b) Appointed members shall serve a 1-year term. All 
107  initial terms shall commence on the effective date of this act. 
108  Members shall serve until their successors are appointed. An 
109  appointing authority may reappoint a member for successive 
110  terms. A vacancy on the committee shall be filled in the same 
111  manner in which the original appointment was made, and the term 
112  shall be for the balance of the unexpired term. 
113         (c) The first meeting of the committee shall be within 60 
114  days of the effective date of this act. Thereafter, the 
115  committee shall meet at the call of the chair, but at least 
116  annually. 
117         (d) The members of the committee shall serve without 
118  compensation and shall not claim per diem and travel expenses 
119  from the Secretary of State. 
120         (e) To keep the standards and practices of county recorders 
121  in this state in harmony with the standards and practices of 
122  recording offices in other jurisdictions that enact 
123  substantially this section and to keep the technology used by 
124  county recorders in this state compatible with technology used 
125  by recording offices in other jurisdictions that enact 
126  substantially this section, the Department of State, in 
127  consultation with the committee, so far as is consistent with 
128  the purposes, policies, and provisions of this section, in 
129  adopting, amending, and repealing standards, shall consider: 
130         1. Standards and practices of other jurisdictions. 
131         2. The most recent standards adopted by national standard 
132  setting bodies, such as the Property Records Industry 
133  Association. 
134         3. The views of interested persons and governmental 
135  officials and entities. 
136         4. The needs of counties of varying size, population, and 
137  resources. 
138         5. Standards requiring adequate information security 
139  protection to ensure that electronic documents are accurate, 
140  authentic, adequately preserved, and resistant to tampering. 
141         (f) The committee shall terminate on July 1, 2013 2010. 
142         (6) UNIFORMITY OF APPLICATION AND CONSTRUCTION.—In applying 
143  and construing this section, consideration must be given to the 
144  need to promote uniformity of the law with respect to its 
145  subject matter among states that enact it. 
146         (7) RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND 
147  NATIONAL COMMERCE ACT.—This section modifies, limits, and 
148  supersedes the federal Electronic Signatures in Global and 
149  National Commerce Act, 15 U.S.C. ss. 7001 et seq., but this 
150  section does not modify, limit, or supersede s. 101(c) of that 
151  act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of 
152  any of the notices described in s. 103(b) of that act, 15 U.S.C. 
153  s. 7003(b). 
154         Section 2. Section 695.28, Florida Statutes is created to 
155  read: 
156         695.28 Validity of recorded electronic documents.— 
157         (1) A document that is otherwise entitled to be recorded 
158  and that was or is submitted to the clerk of the court or county 
159  recorder by electronic means and accepted for recordation is 
160  deemed validly recorded and provides notice to all persons 
161  notwithstanding: 
162         (a) That the document was received and accepted for 
163  recordation before the Department of State adopted standards 
164  implementing s. 695.27; or 
165         (b) Any defects in, deviations from, or the inability to 
166  demonstrate strict compliance with any statute, rule, or 
167  procedure to submit or record an electronic document in effect 
168  at the time the electronic document was submitted for recording. 
169         (2) This section does not alter the duty of the clerk or 
170  recorder to comply with s. 695.27 or rules adopted pursuant to 
171  that section. 
172         Section 3. This act is intended to clarify existing law and 
173  applies prospectively and retroactively. 
174         Section 4. This act shall take effect upon becoming a law.