(1) A document that is otherwise entitled to be recorded and that was or is submitted to the clerk of the court or county recorder by electronic or other means and accepted for recordation is deemed validly recorded and provides notice to all persons notwithstanding:
(a) That the document was received and accepted for recordation before the Department of State adopted standards implementing s. 695.27;
(b) Any defects in, deviations from, or the inability to demonstrate strict compliance with any statute, rule, or procedure relating to electronic signatures, electronic witnesses, electronic notarization, or online notarization, or for submitting or recording an electronic document in effect at the time the electronic document was executed or was submitted for recording;
(c) That the document was signed, witnessed, or notarized electronically, and that the document was notarized by an online notary public outside the physical presence of the signer through audio-video communication technology, as defined in s. 117.201, or that witnessing may have been done outside the physical presence of the notary public or principal through such audio-visual communication; or
(d) That the document recorded was a certified printout of a document to which one or more electronic signatures have been affixed.
(2) This section does not alter the duty of the clerk or recorder to comply with s. 28.222, s. 695.27, or any rules adopted pursuant to those sections.
(3) This section does not preclude a challenge to the validity or enforceability of an instrument or electronic record based upon fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or any other basis not in the nature of those matters described in subsection (1).
History.—s. 1, ch. 2011-173; s. 26, ch. 2019-71.
Structure Florida Statutes
Title XL - Real and Personal Property
Chapter 695 - Record of Conveyances of Real Estate
695.01 - Conveyances and Liens to Be Recorded.
695.015 - Conveyances by Law Between Governmental Agencies, Recording.
695.02 - Blank or Master Form of Instruments May Be Recorded.
695.031 - Affidavits and Acknowledgments by Members of Armed Forces and Their Spouses.
695.032 - Provisions Not Applicable to Transactions Under Chapter 679, Uniform Commercial Code.
695.04 - Requirements of Certificate.
695.05 - Certain Defects Cured as to Acknowledgments and Witnesses.
695.06 - Certain Irregularities as to Venue Validated.
695.07 - Use of Scrawl as Seal.
695.08 - Prior Use of Scrawl as Seal.
695.11 - Instruments Deemed to Be Recorded From Time of Filing.
695.13 - Want of Certificate of Record.
695.14 - Unsigned Certificate of Record.
695.15 - Recording Conveyances Lost by Fire.
695.16 - When Mortgage or Lien Is Destroyed.
695.17 - United States Deeds and Patents May Be Recorded.
695.18 - Indorsement by Clerk.
695.19 - Certified Copies of Recorded Instruments May Be Recorded.
695.20 - Unperformed Contracts of Record.
695.25 - Short Form of Acknowledgment.
695.26 - Requirements for Recording Instruments Affecting Real Property.