Item M6BOARD OF COUNTY COMMISSIONERS
County of Monroe Al Mayor George Neugent, District 2
The Florida. Keys m i = U, Mayor Pro Tem David Rice, District 4
j l Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
August 16, 2017
Agenda Item Number: M.6
Agenda Item Summary #3237
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292 -3470
No
AGENDA ITEM WORDING: Discussion and direction to the County Attorney's Office to draft
regulations that would authorize the use of electronic signatures on all County documents permitted
by law.
ITEM BACKGROUND: Both Federal and state law authorize the use of electronic and digital
signatures in many contexts including for many contracts and other documents executed by the
County. Staff believes that adopting standards and protocols for the use of electronic signatures on
County documents would improve efficiency and eliminate unnecessary delays while still remaining
the benefits of accountability associated with traditional "wet" signatures. Therefore, staff seeks
authorization to expend the time and resources necessary to develop regulations establishing
standards for use of electronic signatures on appropriate documents.
If authorized to proceed, it is anticipated that such regulations will result in revisions to the County
Code, the BOCC's Administrative Procedures, and the Administrative Instructions issued by the
County Administrator. It is estimated that this effort will consume approximately 100 hours of staff
time from the County Attorney's Office and various departments.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT /AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Memo, electronic signature 7.7.2017a- signed
Chart -- other Florida statutes
FINANCIAL IMPACT:
Effective Date: TBD
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: Staff time
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details: This initiative will consume staff time but, upon adoption of new rules,
will result in a net reduction in staff time spent on processing documents.
n/a
REVIEWED BY:
Bob Shillinger
Completed
07/28/2017 10:42 AM
Cynthia Hall
Completed
07/28/2017 11:25 AM
Budget and Finance
Completed
07/28/2017 12:35 PM
Maria Slavik
Completed
07/28/2017 12:50 PM
Kathy Peters
Completed
07/31/2017 9:34 AM
Board of County Commissioners
Pending
08/16/2017 9:00 AM
MEMORANDUM
Office of the Monroe County Attorney
TO: Bob Shillinger, County Attorney
FROM: Cynthia L. Hall, Assistant County Attorney C
Cc: Kathy Peters
DATE: July 7, 2017
SUBJECT: Overview, Possible Use of Electronic Signatures and Implementation of
Electronic Signature Policy
You asked that I look into the legal requirements by which a local government may use
electronic signatures, and the steps that would be required in order to implement such a policy.
The purpose of this memo is to:
1. Provide a an overview of the relevant statutes (federal and state) that govern the ability to
use an electronic signature;
2. Describe the types of documents on which electronic signatures might be used and issues
to be addressed by type of document;
3. Describe how this project could be rolled out and describe the next steps that would be
required in this project; and
4. Provide a draft ordinance that could be adopted by the County as a starting point.
KEY RELEVANT STATUTES
Relevant federal and Florida state statutes are described more fully in Appendix A. All
statutes place the onus on the person creating the electronic or digital signature (not the recipient)
to ensure that the signature is authentic and secure.
Federal
The Electronic Signatures in Global and National Commerce Act ( ESIGN), 15 U.S.C. §§
7001 — 7006 was passed by Congress in 2000. The act generally authorizes the use of
electronic signatures in commerce, and provides that with respect to any transaction affecting
interstate or foreign commerce, any "signature, contract or other record relating to such
transaction may not be denied legal effect solely because it is in electronic form ", and "any
contract relating to the transaction may not be denied legal effect solely because an electronic
signature or electronic record was used in its formation."
ESIGN does not apply to certain instruments: wills, codicils and testamentary trusts; any
document required by statute to be created in connection with adoptions, divorce, or other family
law matters; any document covered by the Uniform Commercial Code other than leases or sales
documents. ESIGN also explicitly does not apply to certain other types of documents (court
orders, notices in connection with cancellation of utilities or foreclosure under a mortgage,
cancellation of health or life insurance benefits, notices of product recalls, and notices related to
hazardous materials).
State
1. Electronic Signature Act of 1996 (F.S. 668.001 — 668.006) (ESA): ESA
provides, broadly, that the intent is specifically to "facilitate economic development and efficient
delivery of government services, as well as to "foster the development" of e- commerce.
The act provides: "Unless otherwise provided by law, an electronic signature may be
used to sign a writing and shall have the same force and effect as a written signature." F.S.
668.005.
ESA also allows for digital signatures. A digital signature is a subset of electronic
signatures, and is defined in the statute to mean "a type of electronic signature that transforms a
message using an asymmetric cryptosystem" in a way that allows the person receiving the
signature to determine whether the signature was signed by the signer, and whether any changes
have been made to the document subsequent to the electronic signature.
2. Florida Uniform Electronic Transaction Act (UETA) (F.S. 668.50): The
Florida UETA was adopted by the Florida legislature in 2000, and is the Florida version of the
UETA adopted by the National Conference of Commissioners Uniform State Laws in 1999. The
UETA applies to any type of transaction by any person, including governmental agencies.
Florida UETA states that it only applies to transactions between parties, where each has agreed
to conduct transactions by electronic means.
As with ESIGN, the Florida UETA explicitly states that it does not apply to transactions
involving:
• Wills, codicils, testamentary trusts;
• The Uniform Commercial Code, other than sales and lease documents; and
• The Uniform Computer Information Transactions Act.
The Florida UETA provides that an electronic record or signature may not denied legal
effect solely because it is in electronic form. The UETA also states that if a notarized signature
is required, the requirement is satisfied by the electronic signature of the notary.
2
KEY POINTS
A. Contracts covered by Federal ESIGN, the Florida Electronic Signature Act or
Florida UETA do not require original signatures to be enforceable provided the
parties consent to using electronic signatures, and provided certain requirements
for the electronic signatures are met.
The easiest place to start with respect to implementation of electronic signatures is with
contracts to which the County is a parry. i For contracts covered by federal E -Sign, Florida ESA
or the UETA, electronic signatures are equally legally binding and enforceable as original
contracts with original hard copy ( "wet ") signatures, provided four requirements are met:
• Both parties must intend to use the electronic signature.
• Both parties must consent to do business electronically. Per the UETA, whether a
party has consented is "determined from the context and surrounding
circumstances, including the parties' conduct." This is easily accomplished by
having the contract contain a provision explicitly agreeing to the use of the
electronic record and /or the electronic signature.
• The electronic signature must include a text or graphic statement (part of the
signature) proving that it was executed with an electronic signature, or the party
generating the electronic signature must use a system that keeps an associated
record that reflects the process by which the signature was made.
As used herein, the term "contract" refers to any "agreement between two or more parties creating obligations that
are enforceable or otherwise recognizable at law" (Black's Law Dictionary), whether called a contract, agreement,
lease, interlocal agreement, memorandum of agreement, memorandum of understanding, or another name.
2 See F. S. 668.50(l)(h) (UETA) ( "'Electronic signature' means an electronic sounds, symbol, or process attached to
or logically associated with a record and executed or adopted by a person with the intent to sign the record. ").
The statute does not provide any guidance on what is required in order to demonstrate the intent.
3 For example:
Counterparts and Electronic Signatures. This Agreement may be executed in counterpart, and may be
executed by way of facsimile or electronic signature, and if so, shall be considered an original. Electronic
signatures shall have the same legal effect as ink signatures.
4 Adobe Acrobat has a feature allowing the user to create a digital signature, which includes text saying that the
document was signed digitally. A digital signature is a form of electronic signature with a certificate indicating
authenticity. Under ESIGN, ESA and UETA, the digital signature is not required — any electronic signature that
meets the requirements will do. An example is:
Digitally signed byCyr,tho L Hall
M crd °+m,ntNa L Hall',
Duce, ou etrjhafl -h`ll 4)
c,yryth�asg) otinrry cunt fl.gov,
C =U - 5
10-.2113,04W'
• Documents signed with electronic signatures must be capable of retention and
accurate reproduction for reference by all parties or person entitled to retain the
contract.
Provided these requirements are met, any party to the contract can sign using an
electronic signature, including the Mayor and the County Administrator.
Any document (including a contract) that requires a notary's signature can also be
notarized electronically. F.S. 117.021. The requirements for the notary's electronic signature
are outlined in Appendix A.
If the document can be signed with an electronic signature, then no originals are required.
This achieves the goal of the ESA, which states that the purpose of the legislation is to promote
the efficient delivery of government services. Nevertheless, all three acts (ESIGN, ESA and
UETA) state that electronic signatures are not required. Therefore, the use of the electronic
signature is conditional on the parties' agreement to use the electronic signature. In some cases,
notwithstanding ESIGN, ESA and UETA, other parties may want an original signature.
B. Certain types of contracts and other documents require original signatures at
this time.
Certain types of documents require original signatures under the language of ESIGN,
ESA and UETA. These are:
• Wills, codicils, testamentary trusts;
• Documents governed by the Uniform Commercial Code, other than sales and
lease documents; and
• The Uniform Computer Information Transactions Act.
The legislation does not mandate enforceability of electronic signatures on these
documents at this time.
C. Any documents required by Growth Management (e.g., signed and sealed plans,
building permit applications) and Purchasing (bids, proposals, etc.) that require
a signature can be submitted using electronic or digital signatures (as defined in
the ESA).
Growth management: Documents submitted to Building (including but not limited to
building permit applications, including signed and sealed plans in support of the applications 6 ),
' F.S. 125.74(l)(m) states that the County Administrator has the authority to "[n]egotiate leases, contracts, and other
agreements ... subject to approval of the board ...." F.S. 125.01(3)(a) states that the list of things that the Board of
County Commissioner is authorized to do (laid out in F.S. 125.01(1)) is not exclusive or restrictive, and is deemed to
include all other implied powers, including, specifically, the authority to "enter into contractual obligations." Other
sections in Ch. 125 list other contractual powers of the BOCC. However, none of these sections require an original
signature on a contract, either of the Mayor or the County Administrator.
6 The State of Florida has statutes specifically providing that plans and specifications prepared by licensed
professionals may be transmitted electronically and may be signed and sealed by the professional either with an
electronic signature or a digital signature in accordance with specific requirements in the statutes:
F.S. 481.221 (architects) ( "Final plans, specifications, or reports prepared or issued by a registered architect
may be transmitted electronically and may be signed by the registered architect, dated, and sealed
electronically with the seal in accordance with ss. 668.001- 668.006. "); Rule 61G1- 16.005 ( "Procedures for
I
Planning and Environmental Resources ( http: // www. monroecounty- fl.!.2�ov /index.aspx ?NID=189
and Code Compliance can be signed using digital signatures, which, under ESIGN, ESA and
UETA are equally enforceable as original signatures.
Several other counties and cities in Florida already require building permit applications to
be submitted online and signed electronically by the contractor and owner.
Procurement: An electronic signature on any document required for procurement is just
as enforceable as an original signature. Therefore, any signature on documents issued by the
County (e.g., notice of competitive solicitation, bid package, RFP, RFQ) and any signature on
Digitally Signing and Sealing and for Electronically Transmitted Plans, Specifications, Reports or Other
Documents ").
• F.S. 481.321 (landscape architects) ( "Final plans, specifications, or reports prepared or issued by a
registered landscape architect may be transmitted electronically and may be signed by the registered
landscape architect, dated, and sealed electronically with the seal in accordance with ss. 668.001-
668.006.").
• F.S. 472.025 and Rule 5J- 17.062 (surveyors) ( "Each registrant may in addition register his or her seal
electronically in accordance with ss. 668.001 668.006 Drawings, plans, specifications, reports, or
documents prepared or issued by a registrant may be transmitted electronically and may be signed by the
registrant, dated, and stamped electronically with such seal in accordance with ss. 668.001- 668.006. ").
• Rule 61G16 -2.005 (geologists) ( "Procedures for Signing and Sealing Geological Papers, Reports or Other
Documents. ").
• F.S. 471.025 (engineers) ( "Drawings, specifications, plans, reports, final documents, or documents
prepared or issued by a licensee may be transmitted electronically and may be signed by the licensee, dated,
and sealed electronically with said seal in accordance with ss. 668.001- 668.006. "); see also Rule 61G15-
23.005 ( "Procedures for Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or
Other Documents ", issued by Board of Professional Engineers). The rule provides that an image of the
original signature that is merely scanned, faxed, or copied is not sufficient — i.e., it may not be used in lieu
of the original signature. The rule allows either electronic signatures or digital signatures (in addition to the
digitally created seals), and requires the following two sentences:
This item has been electronically signed and sealed by name of engineer PE. on [DATE] using a
SHA -1 authentication code.
Printed copies of this document are not considered signed and sealed and the SHA -1 authentication
code must be verified on any electronic copies.
The licensee using an electronic signature to seal engineering work must also generate a report showing
files that were sealed electronically, with the name of the document, name of the engineer who signed the
document and the engineer's PE number, abrief description of the document, and the SHA -1 authentication
code of the signature file. (SHA -1 stands for Secure Hash Algorithm 1, a cryptographic hash function
designed by the United State National Security Agency.)
Further inforination regarding these statutes and rules is contained in Appendix A.
For example, see, e.g., Reedy Creek Improvement District, available at: https: / /www.reid.org /doing-
business / building- department/btiilding- permit/ Reedy Creek uses online pennitting system software from Accela.
Seminole County is in the process of phasing in mandatory online building pen applications and electronic plan
review (E -Plan), by type of building. http:// www. seminolecountyfl .gov /departinents- services /development-
services/ building / building - permitting /electronic - plan- review.stml
documents issued by the vendor and received by the County (e.g., bid, proposal, quotation) can
be submitted electronically, with an electronic signature.
D. Ordinances and resolutions.
I found no language in Florida Statutes that either allows or disallows the use of an
electronic signature on ordinances and resolutions.
Section 125.01(1)(t), Fla. Stat., authorizes county legislative bodies to adopt ordinances
and resolutions. Section 125.66 outlines the method for enactment of ordinances. However,
nothing in F.S. 125.66 requires an original signature, or any signature, on the ordinance or
resolution. In fact, F.S. 125.66(2)(b) states that certified copies of the ordinances and
amendments may be e- mailed to the Department of State.
Section 1.18 of the BOCC Administrative Procedures states that the Clerk shall affix a
seal on minutes and other documents as necessary to attest to the signature of the Presiding
Officer (Mayor). However, the language does not require an original signature of the Mayor
(and stamped signatures are currently used). Therefore, no revision of this section would be
required.
E. Attorney stamps on the documents can be created and signed using electronic
signatures, but requires revision of an Administrative Instruction.
The use of electronic stamps and signatures by attorneys would expedite the processing
of all documents that require an attorney legal review stamp. The use of an attorney legal review
stamp is not required either by Florida Statutes or any County ordinance. The use of the County
Attorney legal stamp is only required by Administrative Instruction 7000.1. Therefore, the use of
an electronic stamp would require revision of the Administrative Instruction 7000.1. 8
As written currently, the Administrative Instruction states that a County Attorney legal
review stamp is required on all signature page(s) requiring the Mayor's signature. The
Administrative Instruction currently states: "At least one copy of each agenda item received for
processing must be an original; originally executed by all other parties (with the exception of
certain State and /or Federal documents), bear the original stamped approval of the County
Attorney's office and must include any cited exhibits." (Emphasis added.) The use of an
electronic stamp with an electronic attorney signature would require revision of this
administrative instruction.
Section 1.03 of the BOCC Administrative Procedures states that all items requiring
attorney review shall be signed by the County Attorney or Assistant County Attorney before
being placed on the agenda. Section 1.16 states that the County Attorney shall place his
signature on an ordinance to indicate legal sufficiency. However, the document is silent on
whether original or electronic signature is required, so would not require revision.
' Three other departments have also issued administrative instructions regarding processing of agenda items. Use
of an electronic signature in an attorney review stamp would require the revision of these administrative instructions
as well. All three administrative instructions should be revised for other reasons (none of them mention
MinuteTraq, and two of the three mention division directors). The three administrative instructions are 3001.8
(Growth Management Division Guidelines for BOCC Agenda Items); 4001.13 (Employee Services Guidelines for
BOCC Agenda Items), and 6001.11 (Public Works Guidelines for BOCC Agenda Items).
re
F. Electronic signatures can be used on deeds and other instruments connected
with real estate transactions, other than secured transactions.
In situations in which the County is a parry to a real estate transaction, ESIGN and the
Florida UETA apply, and authorize the use of an electronic signature on any documents
connected with the real estate transaction, with the exception of a secured transaction.
The Florida Uniform Real Property Act (URPRA) also provides that if a law requires as a
condition for recording that a document be signed or notarized, then the requirement is satisfied
by an electronic signature (or electronic notary signature /seal).
POTENTIAL VENDORS
Electronic and /or Digital Signatures: Numerous companies provide software to
generate electronic and digital signatures. According to PC magazine, the top five electronic
signature software products in 2016 were DocuSign Professional, Contractually (cloud- based),
Adobe Document Cloud Standard Edition, SkySignature, and SignEasy. According to another
source (g2crowd.com), the top five preferred products were DocuSign, SignNow, AdobeSign,
eSignLive, and eSignLive. In other words, there are numerous products out there.
Attorney Stamps: Numerous companies could probably provide software to generate
the attorney stamp, but I would recommend talking to Accela first to see if it could be added as a
feature in the Minute Traq program. Otherwise, the document attachments (contracts,
ordinances, resolutions, etc.) would need to be downloaded from Minute Traq, have the stamp
applied, and return the document to Minute Traq as an attachment.
RECOMMENDATIONS / NEXT STEPS
This memo simply represents the first step in moving toward usage and acceptance of
electronic and /or digital signatures. Implementation will require the consent and cooperation
with County departments, the Clerk's office, other Constitutional partners, and contracting
entities.
I suggest we implement this strategy in waves:
1.) Adopt an ordinance specifically allowing for electronic and /or digital signatures: No
required, since this is already provided for in ESIGN, ESA and the UETA, but this
will be helpful to the Clerk. A sample ordinance is attached.
2.) Contracts: The easiest situation in which to implement an electronic signature policy
and procedure will be in the area of contracts to which the County is a party. The
next steps would include:
a. Creating an Administrative Instruction laying out the steps (not required, but
advisable).
b. Deciding whether an additional vendor is necessary (or, for example, whether
the County simply wants to use an existing Adobe product for the generation
of digital signatures). Use of an existing vendor might require purchasing site
licenses for additional users. Alternatively, a new vendor could be selected to
7
create electronic and /or digital signatures for persons who will be signing for
the County (including input from IT); and
Creating language to be incorporated into every contract, signifying the
parties' intent to do business electronically and to recognize an electronic
and /or digital signature as valid. (Similar paragraphs are already in some but
not all contracts.)
3.) Ordinances and resolutions — similar to above.
4.) Electronic Attorney stamps on contracts, ordinances, and resolutions. We would need
to discuss the potential of Minute Traq to create an electronic Attorney stamp for each
attorney which can be signed and dated.
5.) Procurement Documents and Growth Management: After we have established the use
of electronic signatures in contracts and other day to day operations we can
implement them into the process of sending out ITB's and RFP's as well as receiving
bids from prospective contractors.
Appendix A
RELEVANT STATUTES
A. FEDERAL
1. Uniform Electronic Transactions Act (UETA): The uniform act was proposed
by the National Conference of Commissioners on Uniform State Laws in 1999. The UETA has
been adopted by 47 states (including Florida), D.C. and the U.S. Virgin Islands. Washington,
Illinois, New York and Puerto Rico have not adopted the UETA, but have enacted similar
statutes. Florida's adoption of its own UETA is described below.
2. The Electronic Signatures in Global and National Commerce Act ( ESIGN),
15 U.S.C. §§ 7001 — 7006 was passed by Congress in 2000. The act generally authorizes the
use of electronic signatures in commerce. The act provides that with respect to any transaction
in or affecting interstate or foreign commerce, any "signature, contract or other record relating to
such transaction may not be denied legal effect solely because it is in electronic form ", and "any
contract relating to the transaction may not be denied legal effect solely because an electronic
signature or electronic record was used in its formation. "
By its terms, ESIGN does not require any person to agree to use or accept electronic
signatures, "other than a governmental agency with respect to a record other than a contract to
which it is a party." 10
The act allows certain types of consumer disclosure notices to be delivered electronically,
provided the consumer consents and the consumer is given an opportunity to ask for a paper
notice. 11
ESIGN creates an exception for the following instruments: wills, codicils and
testamentary trusts; any document required by statute to be created in connection with adoptions,
divorce, or other family law matters; any document to which the Uniform Commercial Code is
applicable other than leases or sales documents. 12 ESIGN also explicitly does not apply to
certain other types of documents (court orders, notices in connection with cancellation of utilities
or foreclosure under a mortgage, cancellation of health or life insurance benefits, notices of
product recalls, and notices related to hazardous materials).
B. FLORIDA
G. Electronic Signature Act of 1996 (F.S. 668.001 — 668.006): This act was
adopted in the State of Florida. It was a first attempt at a statute authorizing electronic
signatures. The Act provides, broadly, that the intent is, among other things, to "facilitate
economic development and efficient delivery of government services, as well as to "foster the
development" of e- commerce.
9 15 U.S.C. § 7001(a).
10 15 U.S.C. § 7001(b)(2).
" 15 U.S.C. § 7001(c).
12 The exceptions are spelled out in 15 U.S.C. § 7003.
E
The act provides: "Unless otherwise provided by law, an electronic signature may be
used to sign a writing and shall have the same force and effect as a written signature." F. S.
668.005. The act goes on to define both an electronic signature, 13 and also digital signature (a
type of electronic signature)
H. Florida Uniform Electronic Transaction Act (UETA) (F.S. 668.50): The
Florida UETA was adopted by the Florida legislature in 2000, in order to adopt the federal
UETA. Whereas the Florida Electronic Signature Act was intended to apply to "delivery of
government services," the UETA applies to any type of transaction by any person, including
governmental agencies. 15 As applied to government agencies, the UETA provides that each
governmental agency 16 will determine whether, and to what extent, the agency will accept
electronic records and electronic signatures. The act states that it only applies to transactions
between parties, where each has agreed to conduct transactions by electronic means. 17
Following in the footsteps of the federal uniform law and ESIGN, the Florida UETA
explicitly states that it does not apply to transactions involving:
• Wills, codicils, testamentary trusts;
• The Uniform Commercial Code, other than sales and lease documents; or
• The Uniform Computer Information Transactions Act. 18
The Florida UETA provides that electronic signatures are not required, but that an
electronic record or signature may not denied legal effect solely because it is in electronic form.
The UETA also states that if a notarized signature is required, the requirement is satisfied by the
electronic signature of the notary. 19
Notary Statutes
Chapter 117, Florida Statutes, sets forth the requirements for notaries public. Section
117.021 was created in 2007, and provides: "Any document requiring notarization may be
" F.S. 668.003(4): — Electronic signature' means any letters, characters, or symbols, manifested by electronic or
similar means, executed or adopted by a party with an intent to authenticate a writing. A writing is electronically
signed if an electronic signature is logically associated with such writing."
14 F.S. 668.003(3): "'Digital signature' means a type of electronic signature that transforms a message using an
asymmetric cryptosystein such that a person having the initial message and the signer's public key can accurately
detennine:
(a) Whether the transformation was created using the private key that corresponds to the signer's public
key.
(b) Whether the initial message has been altered since the transfonnation was made."
is The tern "transaction" is defined in the Florida UETA to mean "any action ... between two or more persons
related to the conduct of business, commercial, insurance, or governmental affairs." Section 668.50(2)(p), Fla. Stat.
16 The tern "governmental entity" is defined in the UETA to include executive, legislative or judicial agencies;
boards and coiuinissions of the state and any political subdivision, including a county; and any public or private
agency on behalf of that agency. Section 668.50(2)(i).
17 Section 668.50(5)(b).
" The UCITA is another proposed uniform law and is a uniform commmercial code for software licenses and other
computer IT transactions. It was adopted in Virginia and Maryland (only) and has never been adopted in Florida.
19 Section 668.50(11).
10
notarized electronically." Section 117.021(1), Fla. Stat. The electronic signature must be unique
to the notary public, capable of independent verification, retained under the notary public's sole
control, and attached to or logically associated with the document in a manner that prevents
alteration to the way that the electronic signature is displayed. Section 117.021(2). The
electronic signature itself must contain the name of the notary public, the words "Notary Public
State of Florida," expiration date of the commission, and the commission number. Rule 1N-
5.002, F.A.C., issued by the Department of State, provides additional rules for the electronic
signature.
J. Other Florida statutes allowing electronic signatures.
Electronic signatures are mentioned in numerous Florida state statutes. In general, the
statutes allow for electronic signatures in a broad array of subject matter areas, provided
conditions are met. A table showing the statutes is attached to this memo.
11
OTHER GUIDANCE DOCUMENTS
1. Final Report, Florida Electronic Advisory Committee
The Florida legislature established the Florida Electronic Advisory Committee
( "Committee ") to advise the Florida Department of State regarding adoption of standards to
implement the Uniform Real Property Electronic Recording Act ( "URPERA "), a modified
version of which was adopted by Florida and codified in F.S. 695.27. The Committee included
five members appointed by the Florida Association of Court Clerks and Comptrollers; one
attorney appointed by the Real Property, Probate and Trust Law Section of the Florida Bar; two
members appointed by the Florida Land Title Association; and one member appointed by the
Florida Bankers Association. The Committee issued a Final Report on November 30, 2007.
The purpose of the Final Report is primarily to define under what circumstances
documents in connection with real property transactions may be electronically recorded (e-
Recorded); to define under what circumstances electronic signatures, including notary
acknowledgments, may be used on those documents; and to clarify records retention and
preservation guidelines for e- Recorded documents.
F.S. 695.27 provides that a county recorder may, but is not obligated to, accept electronic
documents 20 for recording. The section also provides that if a law requires, as a condition for
recordation, that a document be an original, then the requirement is satisfied by an electronic
document, and if a law requires that a document be signed or notarized, then the requirement is
satisfied by an electronic signature of the signer or the notary. As of today, e- Recordation is not
accepted in Monroe County.
2. Florida Supreme Court Standards for Electronic Access to the Courts (adopted
in June 2009; Version 14.0 (modifications) adopted May 2014)
In Ch. 2009 -61, L.O.F., the Florida legislature requested that the Florida "Supreme Court
set statewide standards for electronic filing to be used by the clerks of court to implement
electronic filing." The Florida Supreme Court adopted and issued the Florida Supreme Court
Standards for Electronic Access to the Courts ( "Standards ") on July 1, 2009. The purpose of the
Standards is primarily to set standards for electronic filing of documents with various Florida
courts.
20 An electronic document is defined in F.S. 695.27 to mean "a document that is received by a county recorded in an
electronic form."
12
Florida Statutes Discussing /Allowing Electronic Signatures
(Other Than Florida Electronic Signature Act of 1996, F.S. 668.001 etseq., and Florida Uniform Electronic Transactions Act, F.S. 668.50)
15.16 Reproduction of Subsection (5): The Department of State shall determine for purposes of electronic filing of any document
(Secretary of records under its jurisdiction several things, one of which is the manner of execution, which may include an
State) electronic signature.
48.21 Return of (1): A person employed by a sheriff may sign the return of service form using an electronic signature
(Civil Practice and execution of certified by the sheriff.
Procedure) process
97.057
Voter
A voter registration application with all of the applicant's information required to establish eligibility must be
(Electors and
registration by
presented to the applicant to review and verify the voter registration information received and provide an
Elections)
Dept. of
electronic signature affirming the accuracy of the information received.
Highway Safety
and Motor
Vehicles
117.021
Electronic
Subsection (1): "Any document requiring notarization may be notarized electronically."
(Public Offices,
notarization
Subsection (2): "in performing an electronic notarial act, a notary public shall use an electronic signature
Employees, and
that is" unique, capable of independent verification, retained under the notary's sole control, and attached
Records)
to the document such that any subsequent alteration displays evidence of the alteration."
Subsection (3): Specifies what must be in the notary's signature.
287.09451
State of Florida,
Subsection (4)(m): One of the powers, duties and functions of the office is to certify minority business
(Public
Office of
enterprises. "The certifications may include an electronic signature."
Procurement)
Supplier
Diversity
318.14
Noncriminal
Subsection (2): For all noncriminal traffic infractions other than certain exceptions listed in the statute, the
(Motor vehicles,
traffic infractions
officer must certify by signature that the citation was delivered to the person served, and the signature can
traffic infractions)
be electronic.
381.00651
Periodic
Counties with a "first magnitude spring" (defined as a spring with a median water discharge of >— 100 cubic
(Public Health)
evaluation and
feet/second) must adopt an ordinance creating an OSTDS assessment program. The ordinance must
assessment of
provide that the evaluations will be done by qualified contractors. The evaluation forms must be signed by
OSTDSs
the qualified contractor "in writing or using electronic signature."
409.902
AHCA —
AHCA and DCF will collaborate to create internet -based system for eligibility for Medicaid and CHIP. The
(Medicaid)
designated
system shall allow for completion and submission of online applications using electronic signatures.
single state
agency for
payments
409.920
Medicaid
Proof that a false claim was submitted gives rise to an inference that the person signing the claim knew of
(Medicaid)
provider fraud
the false statement, whether the claim was signed I the original or by electronic means.
443.17161
Authorized
Allows applicants to indicate consent to release of their information in writing or by electronic signature.
(Reemployment
electronic
Assistance)
access to
employer
information
456.42
Written
Doctor Rx prescriptions may be electronically generated and may be signed electronically by the
(Regulation of
prescriptions for
practitioner, which signature "may be in an electronic format as defined in s. 668.003(4)."
health professions)
medicinal drugs
475.5018
Facsimile
"When any act performed under this part must be performed in writing or acknowledged with a signature,
(Regulation of real
signatures etc.
the provision of an instrument or writing by electronic means or facsimile, including a signature transmitted
estate brokers,
by electronic means or facsimile, is binding and sufficient."
sales associates)
481.221
Seals, display of
"Final plans, specifications, or reports prepared or issued by a registered architect may be transmitted
(Regulation of
certificate
electronically and may be signed by the registered architect, dated, and sealed electronically with the seal
architects)
number
in accordance with ss. 668.001- 668.006."
481.321
Seals, display of
Finals plans, specifications and reports prepared or issued by the landscape architect may be transmitted
(Regulation of
certificate
electronically, and may also be signed and sealed electronically in accordance it 668.001- 668.006.
landscape
number
architects)
497.466
Sales agents
Applications for licenses must be signed. The licensing authority may accept electronic signatures.
(Funerals, preneed
sales)
538.19
Records
Secondary metals recycler must maintain paper records of purchase transactions. This requirement may
(Regulation of
required,
be met if the recycler maintains an electronic dataset as long as it contains the information required in the
"with
secondhand
limitation of
statute, along with an electronic oath of ownership an electronic signature of the seller" and an
dealers)
liability
"electronic image of the seller's right thumbprint that has no smudges and smears" can be downloaded
onto a paper form in the image of the form approved by FDLE.
605.0102
Definitions
Subsection 62: "'Sign' means, with present intent to authenticate or adopt a record:... (b) To attach or
(Florida Revised
locally associate an electronic symbol, sound, or protect to or with a record, and includes a manual,
LLC Act)
facsimile, confirmed or electronic signature."
605.1102
Relation to
This chapter modif ies, limits, and supersedes the Electronic Signattirc4 in Global and National Commerce Act, 15 U.S.C.
Florida Revised
ESIGN
s. 7001 et set but does not modify, limit, or supersedes. 101(c) of that act, 15 t L S.0 . s 7001(e), or authorize. electronic
LLC Act)
delivery of the notices described in s. 1113(b) of that act, 15 U.S.C. s. 7003(b). Notwithstanding the foregoing, this chapter
does not operate to modify, limit, or supersede, any provisions of s. 15.16, s. 116.34, or s. 668.50.
607.0722 Proxies (10) "Any copy, facsimile transmission, or other reliable reproduction of the writing or electronic
transmission created under subsection (2) may be substituted or used in lieu of the original writing or
(Florida Bus. Corp. electronic transmission for any purpose for which the original writing or electronic transmission could be
Act.) used if the copy, facsimile transmission, or other reproduction is a complete reproduction of the entire
original writing or electronic transmission."
607.01401 Deifintiions (26): "'Sign' or `signature' means any sumbol, manual, facsimile, conformed or electronic signature
(Florida Bus. Corp. adopted by a person with the intent to authenticate a document."
Act)
617.2104
(Florida
Corporations Not
for Profit)
Florida Uniform
Produnt
Management of
Institutional
Funds Act
Relation to ESIGN Act: "This section modifies, limits and supersedes the federal Electronic Signatures ni
Global and National Commerce Act, 15 USC ss 7001 et seq., but does not modify, limit, or supersede s.
101(c) of that act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in s.
103(b) of that act, 15 USC s. 7003(b)."
620.2203
(Florida Rev.
Uniform LP Act)
671.212
(Florida UCC)
677.103
(Florida UCC,
Documents of
Title, warehouse
receipts, bills of
lading etc.)
682.014
(Commercial
Relations,
Arbitration Code)
Relation to
Elecronic
Signatues in
Global and
National
Commerce Act
( ESIGN)
Relation to
ESIGN
Relation of
chapter to treaty,
statute,
classification, or
regulation
Effect of
agreement to
arbitrate; non -
waivable
provisions
"This act modifies, limits and supersedes the federal Electronic Signatures ni Global and National
Commerce Act, 15 USC ss 7001 et seq., but this act does not modify, limit, or supersede s. 101(c) of that
act, 15 USC 7001(c),' or authorize electronic delivery of any of the notices described in s. 103(b) of that
act, 15 USC s. 7003(b), except to the extent permitted pursuant to ss. 15.16, 116.34, and 668.50 of such
act."
This code modifies, limits and supersedes the federal ESIGN Act, except that nothing in this code
modifies, limits or supersedes 15 USC 7001(c) or authorizes electronic delivery of the notices described
in 15 USC 7003(b).
This chapter modifies, limits and supersedes the federal ESIGN Act, except that nothing in this code
modifies, limits or supersedes 15 USC 7001(c) or authorizes electronic delivery of the notices described
in 15 USC 7003(b).
Subsection (3)(1): A party to an arbitration agreement may waive or vary the requirements in Chapter
682, except that the parties may not waive certain things, one of which is the validity of the ESIGN Act
under F.S. 682.23.
1 15 USC 7001(c) provides that if a statute, regulation or other rule of law requires that notices be given to a consumer, the information can be given
electronically, provided the consumer has consented to delivery in that manner. 15 USC 7003(b) provides that ESIGN shall not apply to court orders: notices of
cancellation of utility services , eviction, cancellation of life or health insurance, product recalls, and documents required to accompany hazardous materials.
4
682.23
Relationship to
"The provisions of this chapter governing the legal effect, validity, and enforceability of electronic records
ESIGN Act.
or electronic signatures and of contracts performed with the use of such records or signatures conform to
(Commercial
the requirements of s. 102 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C.
Relations,
s. 7002.°°
Arbitation Code)
695.27
Uniform Real
"(1)(d) "Electronic signature" means an electronic sound, symbol, or process that is executed or adopted
Property
by a person with the intent to sign the document and is attached to or logically associated with a
(Real and
Electronic
document such that, when recorded, it is assigned the same document number or a consecutive page
Personal Property)
Recording Act
number immediately following such document."
(3) Validity of electronic documents —
"(b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied
by an electronic signature.
(c) A requirement that a document or a signature associated with a document be notarized,
acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the
person authorized to perform that act, and all other information required to be included, is attached to or
logically associated with the document or signature. A physical or electronic image of a stamp,
impression, or seal need not accompany an electronic signature."
Subsection (5)(a): The Department of State shall prescribe standards to implement this section in
consultation with the Electronic Recording Advisory Committee, which is hereby created. The Florida
Association of Court Clerks and Comptrollers shall provide administrative support to the committee and
technical support to the Department of State.
Subsection (7): This section modifies, limits, and supersedes the federal Electronic Signatures in Global
and National Commerce Act, 15 U.S.C. ss. 7001 et seq., but this section does not modify, limit, or
supersede s. 101(c) of that act, 15 U.S.C. s. 71(c), or authorize electronic delivery of any of the notices
described in s. 103(b) of that act, 15 U.S.C. s. 7(b).
709.2401 Relation to This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National
(Real and
electronic Commerce Act, 15 U.S.C. s. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, 1
Personal Property,
signatures in
or authorize electronic delivery of any of the notices described in s. 103(b) of that act. 2"
Powers of
federal law
attorney)
721.13
Management
"Proxies or written consents on votes of any owners' association may be received by electronic mail, shall
have legal effect, and may be utilized for votes of an owners' association, provided that the electronic
(Vacation and
signature is authenticated through use of a password, cryptography software, or other reasonable means
Timeshare Plans)
and that proof of such authentication is made available to the board of directors."
736.1301
Electronic
"Any provisions of this code governing the legal effect, validity, or enforceability of electronic records or
records and
electronic signatures, and of contracts formed or performed with the use of such records or signatures,
(Florida Trust
signatures
are deemed to conform to the requirements of s. 102 of the Electronic Signatures in Global and National
Code)
Commerce Act, 15 U.S.C. s. 7002, and supersede, modify, and limit the requirements of the Electronic
Signatures in Global and National Commerce Act."
740.07
Fiduciary Access
"This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National
to Digital Assets
Commerce Act, 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act,
(Estates and
15 U.S.C. s. 71(c), or authorize electronic delivery of any of the notices described in s. 103(b) of that
Trusts)
act, 15 U.S.C. s. 7(b)."
832.062
Prosecution for
If the check or electronic funds transfer (EFT) was received by the Department of Revenue by mail or
worthless
delivery to DOR or by electronic means, prima facie evidence of violation is established by showing
(Crimes, Violations
checks etc
original tax return, application for certification or license, enrollment in e- services program, or other
Involving Checks
.
made to pay any
document showing amounts owed by that person, bearing the signature or electronic signature of the
and Drafts)
person who initiated the electronic funds transfer.
tax administered
by DOR
893.1495
Retail sale of
Any person receiving ephedrine must be at least 18 years of age, produce photo ID< and sign his or her
ephedrine and
name either on paper or on an "electronic signature capture device."
(Crimes, Drug
Abuse Prevention
related
and Control)
compounds
901.02
Issuance of
A judge may electronically sign the arrest warrant if the judge determines that probable cause exists for
arrest warrants
issuance; the complaint contains the affiant's signature, which may also be electronic; is supported by an
(Criminal
oath or affirmation administered by the judge or other person authorized by law to administer oaths; if
Procedure)
submitted electronically, is submitted by reliable means.
"As used in this section, the term `electronic signature' has the same meaning as provided in s. 933.40."
933.07 Issuance of Same provisions as for arrest warrants.
(Criminal search warrants
Procedure)
933.40 Agricultural Subsection (1)(d): " "Electronic signature" means any letters, characters, symbols, or process manifested
warrants by electronic or similar means and attached to or logically associated with a record and executed or
(Criminal adopted by a person with the intent to sign the record."
Procedure)
Goes on to provide that search warrants may be signed "by any person competent to issue search
warrants under s. 933.01" and the signature may be an electronic signature.
1012.56 Educator Person seeking certification as educator must submit application, which shall include an affidavit stating
certification that the person subscribes to and will uphold the principles of the US and Florida constitutions and that
(Education Code) the information in the application is true, accurate, and complete. The affidavit shall be by original
requirements signature "or by electronic authentication."