Notary Laws

FL Senate Bill 2038

Legislation

State: Florida
Signed: June 27, 2007

Effective: June 27, 2007
Chapter: 2007-233

Summary

Florida becomes the fourth state in 2007 to enact the Uniform Real Property Electronic Recording Act (URPERA) and the twelfth overall.

Affects

Creates Section 695.27 of the Florida Statutes.

Changes

Enacts the Uniform Real Property Electronic Recording Act (URPERA), which permits county recorders to establish an electronic recording system to record electronic real property documents.
Defines “Electronic signature” as 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.
Tasks the Department of State and the Electronic Recording Advisory Committee created under the act with the responsibility of creating technical standards for implementing the Act. The members of the commission are provided for in the new law.

Analysis

Florida becomes the fourth state in 2007 to enact the URPERA and the twelfth overall. Florida’s enactment is unique in that its definition of “electronic signature” departs from the original definition as adopted by the National Conference of Commissioners on Uniform State Laws. It is not completely clear how this definition will impact the practice of Notaries, who must notarize electronic real property documents with an electronic signature as defined under the act.