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