2011 Florida Statutes
Uniform Real Property Electronic Recording Act.
Uniform Real Property Electronic Recording Act.
695.27 Uniform Real Property Electronic Recording Act.—
(1) SHORT TITLE.—This section may be cited as the “Uniform Real Property Electronic Recording Act.”
(2) DEFINITIONS.—As used in this section:
(a) “Document” means information that is:
1. Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
2. Eligible to be recorded in the Official Records, as defined in s. 28.222, and maintained by a county recorder.
(b) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(c) “Electronic document” means a document that is received by a county recorder in an electronic form.
(d) “Electronic signature” means an electronic sound, symbol, or process that is executed or adopted by a person with the intent to sign the document and is attached to or logically associated with a document such that, when recorded, it is assigned the same document number or a consecutive page number immediately following such document.
(e) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, instrumentality, or any other legal or commercial entity.
(f) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(3) VALIDITY OF ELECTRONIC DOCUMENTS.—
(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying the requirements of this section.
(b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
(c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
(4) RECORDING OF DOCUMENTS.—
(a) In this subsection, the term “paper document” means a document that is received by the county recorder in a form that is not electronic.
(b) A county recorder:
1. Who implements any of the functions listed in this section shall do so in compliance with standards established by rule by the Department of State.
2. May receive, index, store, archive, and transmit electronic documents.
3. May provide for access to, and for search and retrieval of, documents and information by electronic means.
4. Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index.
5. May convert paper documents accepted for recording into electronic form.
6. May convert into electronic form information recorded before the county recorder began to record electronic documents.
7. May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording.
(5) ADMINISTRATION AND STANDARDS.—
(a) The Department of State, by rule pursuant to ss. 120.536(1) and 120.54, shall prescribe standards to implement this section in consultation with the Electronic Recording Advisory Committee, which is hereby created. The Florida Association of Court Clerks and Comptrollers shall provide administrative support to the committee and technical support to the Department of State and the committee at no charge. The committee shall consist of nine members, as follows:
1. Five members appointed by the Florida Association of Court Clerks and Comptrollers, one of whom must be an official from a large urban charter county where the duty to maintain official records exists in a county office other than the clerk of court or comptroller.
2. One attorney appointed by the Real Property, Probate and Trust Law Section of The Florida Bar Association.
3. Two members appointed by the Florida Land Title Association.
4. One member appointed by the Florida Bankers Association.
(b) Appointed members shall serve a 1-year term. All initial terms shall commence on the effective date of this act. Members shall serve until their successors are appointed. An appointing authority may reappoint a member for successive terms. A vacancy on the committee shall be filled in the same manner in which the original appointment was made, and the term shall be for the balance of the unexpired term.
(c) The first meeting of the committee shall be within 60 days of the effective date of this act. Thereafter, the committee shall meet at the call of the chair, but at least annually.
(d) The members of the committee shall serve without compensation and shall not claim per diem and travel expenses from the Secretary of State.
(e) To keep the standards and practices of county recorders in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this section and to keep the technology used by county recorders in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this section, the Department of State, in consultation with the committee, so far as is consistent with the purposes, policies, and provisions of this section, in adopting, amending, and repealing standards, shall consider:
1. Standards and practices of other jurisdictions.
2. The most recent standards adopted by national standard-setting bodies, such as the Property Records Industry Association.
3. The views of interested persons and governmental officials and entities.
4. The needs of counties of varying size, population, and resources.
5. Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
(f) The committee shall terminate on July 1, 2010.
(6) UNIFORMITY OF APPLICATION AND CONSTRUCTION.—In applying and construing this section, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(7) RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.—This section modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. ss. 7001 et seq., but this section does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of any of the notices described in s. 103(b) of that act, 15 U.S.C. s. 7003(b).
History.—s. 1, ch. 2007-233.