Florida Senate - 2015 CS for SB 1314
By the Committee on Banking and Insurance; and Senator Bradley
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 a secure electronic
5 account or website upon the authorization of a
6 recipient; providing for effective authorization for
7 such 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 amend or 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.
26 Be It Enacted by the Legislature of the State of Florida:
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 a secure
35 electronic account or website where the document can be
37 (a) Before a document may be posted to an electronic
38 account or website, the recipient must sign a separate written
39 authorization solely for the purpose of authorizing the sender
40 to post documents on the electronic account or website. The
41 written authorization must:
42 1. Enumerate the documents that may be posted in this
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
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 amended or revoked at any
81 time. This notice must be given by means other than electronic
82 posting and may not be accompanied by any other written
83 communication. Failure to provide such notice within 380 days
84 after the last notice is deemed to automatically revoke the
85 authorization to receive documents in the manner permitted under
86 this subsection 380 days after the last notice is sent.
87 (e) The notice required in paragraph (d) may be in
88 substantially the following form: “You have authorized receipt
89 of documents through posting to an electronic account or website
90 where the documents can be accessed. This notice is being sent
91 to advise you that a limitations period, which may be as short
92 as 6 months, may be running as to matters disclosed in a trust
93 accounting or other written report of a trustee posted to the
94 electronic account or website even if you never actually access
95 the electronic account or website or the documents. You may
96 amend or revoke the authorization to receive documents by
97 electronic posting at any time. If you have any questions,
98 please consult your attorney.”
99 (f) A sender may rely on the recipient’s authorization
100 until the recipient amends or revokes the authorization by
101 sending a notice to the address designated for that purpose in
102 the authorization. The recipient, at any time, may amend or
103 revoke an authorization to have documents posted on the
104 electronic account or website.
105 (g) A document provided to a recipient solely through
106 electronic posting must remain accessible to the recipient on
107 the electronic account or website for at least 4 years after the
108 date that the document is deemed received by the recipient. The
109 electronic account or website must allow the recipient to
110 download or print the document. This subsection does not affect
111 or alter the duties of a trustee to keep clear, distinct, and
112 accurate records pursuant to s. 736.0810 or affect or alter the
113 time periods for which the trustee must maintain those records.
114 (h) To be effective, the posting of a document to an
115 electronic account or website must be done in accordance with
116 this subsection. The sender has the burden of establishing
117 compliance with this subsection.
118 (i) This subsection does not preclude the sending of a
119 document by other means.
120 (4) Notice to a person under this code, or the sending of a
121 document to a person under this code by electronic message, is
122 complete when the document is sent.
123 (a) An electronic message is presumed received on the date
124 that the message is sent.
125 (b) If the sender has knowledge that an electronic message
126 did not reach the recipient, the electronic message is deemed to
127 have not been received. The sender has the burden to prove that
128 another copy of the notice or document was sent by electronic
129 message or by other means authorized under this section.
(4) Notice and service of documents in of a judicial
131 proceeding are governed by must be given as provided in the
132 Florida Rules of Civil Procedure.
133 Section 2. This act shall take effect July 1, 2015.