Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 1314
Ì203012XÎ203012
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/23/2015 .
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The Committee on Banking and Insurance (Richter) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 33 - 114
4 and insert:
5 (3) In addition to the methods listed in subsection (1) for
6 sending a document, a sender may post a document to a secure
7 electronic account or website where the document can be
8 accessed.
9 (a) Before a document may be posted to an electronic
10 account or website, the recipient must sign a separate written
11 authorization solely for the purpose of authorizing the sender
12 to post documents on the electronic account or website. The
13 written authorization must:
14 1. Enumerate the documents that may be posted in this
15 manner.
16 2. Contain specific instructions for accessing the
17 electronic account or website, including the security procedures
18 required to access the electronic account or website, such as a
19 username and password.
20 3. Advise the recipient that a separate notice will be sent
21 when a document is posted to the electronic account or website
22 and the manner in which the separate notice will be sent.
23 4. Advise the recipient that the authorization to receive
24 documents by electronic posting may be amended or revoked at any
25 time and include specific instructions for revoking or amending
26 the authorization, including the address designated for the
27 purpose of receiving notice of the revocation or amendment.
28 5. Advise the recipient that posting a document on the
29 electronic account or website may commence a limitations period
30 as short as 6 months even if the recipient never actually
31 accesses the electronic account or website or the document.
32 (b) Once the recipient signs the written authorization, the
33 sender must provide a separate notice to the recipient when a
34 document is posted to the electronic account or website. As used
35 in this subsection, the term “separate notice” means a notice
36 sent to the recipient by means other than electronic posting
37 which identifies each document posted to the electronic account
38 or website and provides instructions for accessing the posted
39 document. The separate notice requirement is satisfied if the
40 recipient accesses the document on the electronic account or
41 website.
42 (c) A document sent by electronic posting is deemed
43 received by the recipient on the earlier of the date that the
44 separate notice is received or the date that the recipient
45 accesses the document on the electronic account or website.
46 (d) At least annually after a recipient signs a written
47 authorization, a sender shall send a notice advising the
48 recipient that posting a document on the electronic account or
49 website may commence a limitations period as short as 6 months
50 even if the recipient never accesses the electronic account or
51 website or the document and that the authorization to receive
52 documents by electronic posting may be amended or revoked at any
53 time. This notice must be given by means other than electronic
54 posting and may not be accompanied by any other written
55 communication. Failure to provide such notice within 380 days
56 after the last notice is deemed to automatically revoke the
57 authorization to receive documents in the manner permitted under
58 this subsection 380 days after the last notice is sent.
59 (e) The notice required in paragraph (d) may be in
60 substantially the following form: “You have authorized receipt
61 of documents through posting to an electronic account or website
62 where the documents can be accessed. This notice is being sent
63 to advise you that a limitations period, which may be as short
64 as 6 months, may be running as to matters disclosed in a trust
65 accounting or other written report of a trustee posted to the
66 electronic account or website even if you never actually access
67 the electronic account or website or the documents. You may
68 amend or revoke the authorization to receive documents by
69 electronic posting at any time. If you have any questions,
70 please consult your attorney.”
71 (f) A sender may rely on the recipient’s authorization
72 until the recipient amends or revokes the authorization by
73 sending a notice to the address designated for that purpose in
74 the authorization. The recipient, at any time, may amend or
75 revoke an authorization to have documents posted on the
76 electronic account or website.
77 (g) A document provided to a recipient solely through
78 electronic posting must remain accessible to the recipient on
79 the electronic account or website for at least 4 years after the
80 date that the document is deemed received by the recipient. The
81 electronic account or website must allow the recipient to
82 download or print the document. This subsection does not affect
83 or alter the duties of a trustee to keep clear, distinct, and
84 accurate records pursuant to s. 736.0810 or affect or alter the
85 time periods for which the trustee must maintain those records.
86 (h) To be effective, the posting of a document to an
87 electronic account or website must be done in accordance with
88 this subsection. The sender has the burden of
89
90 ================= T I T L E A M E N D M E N T ================
91 And the title is amended as follows:
92 Delete lines 4 - 12
93 and insert:
94 sender to post a document to a secure electronic
95 account or website upon the authorization of a
96 recipient; providing for effective authorization for
97 such posting; requiring a sender to provide a separate
98 notice once a document is electronically posted;
99 specifying when a document sent electronically is
100 deemed received by the recipient; requiring a sender
101 to provide notice of the beginning of a limitations
102 period and authority of a recipient to amend or revoke