Bill Text: FL S1314 | 2015 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Electronic Noticing of Trust Accounts

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-04-22 - Laid on Table, companion bill(s) passed, see CS/HB 961 (Ch. 2015-176) [S1314 Detail]

Download: Florida-2015-S1314-Introduced.html

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       Florida Senate - 2015                                    SB 1314
       
       
        
       By Senator Bradley
       
       
       
       
       
       7-00468B-15                                           20151314__
    1                        A bill to be entitled                      
    2         An act relating to electronic noticing of trust
    3         accounts; amending s. 736.0109, F.S.; authorizing a
    4         sender to post a document to an electronic account or
    5         website upon the authorization of a recipient;
    6         providing for effective authorization for such
    7         posting; requiring a sender to provide a separate
    8         notice once a document is electronically posted;
    9         specifying when a document sent electronically is
   10         deemed received by the recipient; requiring a sender
   11         to provide notice of the beginning of a limitations
   12         period and authority of a recipient to revoke
   13         authorization for electronic posting; providing a form
   14         that may be used to effectuate such notice; requiring
   15         documents posted to an electronic website to remain
   16         accessible to the recipient for a specified period;
   17         establishing burdens of proof for purposes of
   18         determining whether proper notifications were
   19         provided; specifying that electronic messages are
   20         deemed received when sent; specifying situations under
   21         which electronic messages are not deemed received;
   22         specifying that service of documents in a judicial
   23         proceeding are governed by the Florida Rules of Civil
   24         Procedure; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Present subsections (3) and (4) of section
   29  736.0109, Florida Statutes, are redesignated as subsections (5)
   30  and (6), respectively, present subsection (4) is amended, and
   31  new subsections (3) and (4) are added to that section, to read:
   32         736.0109 Methods and waiver of notice.—
   33         (3) In addition to the methods listed in subsection (1) for
   34  sending a document, a sender may post a document to an
   35  electronic account or website where the document can be
   36  accessed.
   37         (a) Posting a document to an electronic account or website
   38  must be authorized by the recipient in a separate written
   39  authorization that must be signed by the recipient solely for
   40  the purpose of authorizing a sender to post documents on an
   41  electronic account or website. The written authorization must:
   42         1. Enumerate the documents that may be posted in this
   43  manner.
   44         2. Contain specific instructions for accessing the
   45  electronic account or website, including the security procedures
   46  required to access the electronic account or website, such as a
   47  username and password.
   48         3. Advise the recipient that a separate notice will be sent
   49  when a document is posted to the electronic account or website
   50  and the manner in which the separate notice will be sent.
   51         4. Advise the recipient that the authorization to receive
   52  documents by electronic posting may be amended or revoked at any
   53  time and include specific instructions for revoking or amending
   54  the authorization, including the address designated for the
   55  purpose of receiving notice of the revocation or amendment.
   56         5. Advise the recipient that posting a document on the
   57  electronic account or website may commence a limitations period
   58  as short as 6 months even if the recipient never actually
   59  accesses the electronic account or website or the document.
   60         (b) Once the recipient signs the written authorization, the
   61  sender must provide a separate notice to the recipient when a
   62  document is posted to the electronic account or website. As used
   63  in this subsection, the term “separate notice” means a notice
   64  sent to the recipient by means other than electronic posting
   65  which identifies each document posted to the electronic account
   66  or website and provides instructions for accessing the posted
   67  document. The separate notice requirement is satisfied if the
   68  recipient accesses the document on the electronic account or
   69  website.
   70         (c) A document sent by electronic posting is deemed
   71  received by the recipient on the earlier of the date that the
   72  separate notice is received or the date that the recipient
   73  accesses the document on the electronic account or website.
   74         (d) At least annually after a recipient signs a written
   75  authorization, a sender shall send a notice advising the
   76  recipient that posting a document on the electronic account or
   77  website may commence a limitations period as short as 6 months
   78  even if the recipient never accesses the electronic account or
   79  website or the document and that the authorization to receive
   80  documents by electronic posting may be revoked at any time. This
   81  notice must be given by means other than electronic posting.
   82  Failure to provide such notice within 1 year after the last
   83  notice is deemed to automatically revoke the authorization to
   84  receive documents in the manner permitted under this subsection
   85  1 year after the last notice is sent.
   86         (e) The notice required in paragraph (d) may be in
   87  substantially the following form: “You have authorized receipt
   88  of documents through posting to an electronic account or website
   89  where the documents can be accessed. This notice is being sent
   90  to advise you that a limitations period, which may be as short
   91  as 6 months, may be running as to matters disclosed in a trust
   92  accounting or other written report of a trustee posted to the
   93  electronic account or website even if you never actually access
   94  the electronic account or website or the documents. You may
   95  revoke the authorization to receive documents by electronic
   96  posting at any time. If you have any questions, please consult
   97  your attorney.”
   98         (f) A sender may rely on the recipient’s authorization
   99  until the recipient revokes the authorization by sending a
  100  notice to the address designated for that purpose in the
  101  authorization. An authorization to have documents posted on the
  102  electronic account or website may be revoked at any time.
  103         (g) A document provided to a recipient solely through
  104  electronic posting must remain accessible to the recipient on
  105  the electronic account or website for at least 4 years after the
  106  date that the document is deemed received by the recipient. The
  107  electronic account or website must allow the recipient to
  108  download or print the document. This subsection does not affect
  109  or alter the duties of a trustee to keep clear, distinct, and
  110  accurate records pursuant to s. 736.0810 or affect or alter the
  111  time periods for which the trustee must maintain those records.
  112         (h) To be effective, the posting of a document to an
  113  electronic account or website must be done in accordance with
  114  the provisions of this subsection. The sender has the burden of
  115  establishing compliance with this subsection.
  116         (i) This subsection does not preclude the sending of a
  117  document by other means.
  118         (4) Notice to a person under this code, or the sending of a
  119  document to a person under this code by electronic message, is
  120  complete when the document is sent.
  121         (a) An electronic message is presumed received on the date
  122  that the message is sent.
  123         (b) If the sender has knowledge that an electronic message
  124  did not reach the recipient, the electronic message is deemed to
  125  have not been received. The sender has the burden to prove that
  126  another copy of the notice or document was sent by electronic
  127  message or by other means authorized under this section.
  128         (6)(4) Notice and service of documents in of a judicial
  129  proceeding are governed by must be given as provided in the
  130  Florida Rules of Civil Procedure.
  131         Section 2. This act shall take effect July 1, 2015.