Current through Reg. 50, No. 249, December 24, 2024
(1) Technical standards and implementation
guidelines.
(a) Electronic recording of real
property documents shall meet technical standards for document formatting and
document data fields and follow implementation guidelines as prescribed by the
Property Records Industry Association (PRIA) which are hereby incorporated by
reference, made a part of this rule, and listed below:
1. PRIA Request Version 2.4.2, August
2007;
2. PRIA Response Version
2.4.2, August 2007;
3. Document
Version 2.4.1, October 2007;
4.
Notary Version 2.4.1, October 2007;
5. eRecording XML Implementation Guide for
Version 2.4.1, Revision 2, March 2007;
6. URPERA Enactment and eRecording Standards
Implementation Guide, January 2006.
These standards are available from the Property Records
Industry Association, 2501 Aerial Center Parkway, Ste. 103, Morrisville, NC
27560, and at the Internet Uniform Resource Locator:
http://www.pria.us/cart/publications.htm.
(b) eRecording shall be offered and conducted
in accordance with the models of submission described in the URPERA Enactment
and eRecording Standards Implementation Guide, Section 2.3, eRecording
Models.
(c) Each County Recorder
who accepts documents for eRecording shall provide open architecture for
reception of electronic documents. All reception software, including Web
portals, must support PRIA standard Version 2.4.1.
(2) Web Portals.
(a) If the World Wide Web is used as the
medium for electronic document delivery, the County Recorder shall designate
for use a Web portal that supports the three models of submission described in
the URPERA Enactment and eRecording Standards Implementation Guide, section
2.3, eRecording Models, and complies with the security requirements specified
in subsection 1B-31.002(4),
F.A.C. of this rule.
(b) A document
delivered over the Web should provide a minimum amount of information in the
delivery package sufficient to identify and authenticate the sender to the
County Recorder, while also itemizing the contents of the package.
(c) Payment processing, if supplied at the
portal, shall comply with the 2008 ACH Operating Rules & Guidelines, which
is hereby incorporated by reference and made a part of this rule. This
publication is available from NACHA-The Electronic Payments Association, 13450
Sunrise Valley Drive, Suite 100 Herndon, VA 20171, and at the Internet Uniform
Resource Locator: http://pubs.nacha.org/rules.html. The County Recorder and
portal provider shall determine the portal's payment processing capabilities,
and each County Recorder shall designate approved methods of payment, which may
include credit cards, ACH (automated clearing house), escrow accounts,
electronic checks, or other methods.
(3) Business Rules.
(a) County Recorders shall establish and
publish Business Rules that govern how eRecording will be conducted. A set of
Model County Recorder Business Rules appears in Appendix H of the Florida
Electronic Recording Advisory Committee Final Report (November 30, 2007), which
is hereby incorporated by reference, and made a part of this rule. County
Recorders may modify this model set of Business Rules to fit the needs of
individual counties.
(b) The
Business Rules may be in electronic or hard copy format and may appear on a
portal or the County Recorder's website. The parties' electronic
acknowledgement of acceptance of the terms of the Business Rules is
acceptable.
(c) The Business Rules
must cover the following items:
1. Defined
technical specifications;
2.
Document and indexing specifications;
3. Hours of operations and processing
schedules;
6. Document Rejection
rights;
7. Statement that any
amendments and/or alterations to the Business Rules will be published with
adequate notice before taking effect;
8. Statement identifying the venue of any
litigation arising between the parties.
(4) Security.
(a) All electronic documents must be secured
in such a way that both the transmitting and receiving parties are assured of
each other's identity and that no unauthorized party can view or alter the
electronic document during transmission, processing, and delivery. If followed
through the entire electronic document process of execution through recording,
the security measures identified in Chapter 6 of the eRecording XML
Implementation Guide for Version 2.4.1, Revision 2, March 2007 satisfy this
requirement.
(b) Each County
Recorder who elects to accept electronic real property documents for
recordation shall implement reasonable measures such that each electronic
document accepted for recordation is protected from alteration and unauthorized
access.
(5) Electronic
signatures. County Recorders are only required to accept electronic signatures
that they have the technology to support. County Recorders have no
responsibility to authenticate electronic signatures embedded within the body
of the document.
(6) County
Recorders have no responsibility for verifying or authenticating notary
signatures and acknowledgments. Transactions filed pursuant to section
695.27, F.S. must comply with
section 117.021, F.S., Electronic
notarization, in those instances when an electronic notarization is
used.
(7) File formats for
erecording. Electronically recorded documents shall be converted to (if
necessary) and stored in accordance with the TIFF 6.0 specification published
as ISO 12639:2004, Graphic technology-Prepress digital data exchange-Tag image
file format for image technology (TIFF/IT), or the PDF Version 1.7
specification (November 2006), which specifications are hereby incorporated by
reference and made a part of this rule. The PDF 1.7 specification is available
from Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, and
at the Internet Uniform Resource Locator:
http://www.adobe.com/devnet/pdf/pdf_reference.html.
The TIFF 6.0 specification published as ISO 12639:2004 is available from the
American National Standards Institute, 25 West 43rd Street, Fourth Floor, New
York, NY 10036-7417, and at the Internet Uniform Resource Locator:
http://webstore.ansi.org/RecordDetail.aspx?sku=ANSI+CGATS%2fISO+12639-2004.
(8) Processing. County Recorders will process
each eRecording in accordance with section
695.11, F.S., Instruments deemed
to be recorded from time of filing, and section
28.222, F.S., Clerk to be county
recorder.
(9) Records retention and
preservation. County Recorders must retain all records in their custody in
accordance with Florida law and the requirements detailed in records retention
schedules published by the Department of State's Division of Library and
Information Services applicable to County Recorders. Maintenance and
preservation of permanent or long-term imaged documents shall be in accordance
with Rule 1B-26.0021, F.A.C., Microfilm
Standards, or Rule 1B-26.003, F.A.C., Electronic
Recordkeeping.
(10) Payment of
recording fees. County Recorders shall collect electronic recording fee
payments, without incurring unreasonable electronic processing fees, as
prescribed by Florida Statutes, section
28.24, F.S., Service charges by
clerk of the circuit court; section
199.133, F.S., Levy of
nonrecurring tax; section
201.01, F.S., Documents taxable,
generally; section 201.02, F.S., Tax on deeds and
other instruments relating to real property or interests in real property; and
section 201.08, F.S., Tax on promissory
or nonnegotiable notes, written obligations to pay money, or assignments of
wages or other compensation; exception. Each County Recorder may collect
eRecording fees in a manner compatible with its internal software and financial
practices.
Rulemaking Authority
695.27(5)(a)
FS. Law Implemented 695.27(5)(a)
FS.
New 5-22-08.
