Item S1County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
March 21, 2018
Agenda Item Number: S.1
Agenda Item Summary #3951
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292 -3470
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A Public Hearing to consider approval of an ordinance authorizing
the use of electronic signatures and electronic records.
ITEM BACKGROUND: The use of electronic signatures in place of hard copy or "wet" signatures
on various documents, including but not limited to contracts, and the recognition that the electronic
signatures and electronic records are valid for all purposes has been authorized since adoption of the
Electronic Signatures in Global and National Commerce Act (ESIGN) in 2000, and on a state level,
since passage by the Florida Legislature of the Electronic Signature Act of 1996 and the Florida
Uniform Electronic Transaction Act in 2000.
On August 16, 2017, the BOCC gave direction to the County Attorney's Office to take steps
necessary to allow the use of electronic signatures in County documents permitted by law.
Electronic signatures are commonly accepted and used in the marketplace. Since 1996, the Florida
legislature has passed over 40 statutes explicitly allowing electronic signatures on various
documents, including, but not limited to, contracts; procurement documents; and applications, plans
and specifications submitted in connection with building permit, planning, and development
approvals. Also included specifically is the ability to accept an electronically signed notary
signature, where a notary signature is required on a document. Numerous state agencies have issued
regulations allowing or requiring the use of electronic signatures and electronic documents, and
numerous cities and counties in the State of Florida have passed ordinances allowing for the use of
electronic signatures and electronic records.
As outlined in the attached memo, the proposed ordinance would allow for the use of electronic
signatures, and electronic records, by the County for all purposes consistent with the Electronic
Signature Act and the Florida Uniform Electronic Transaction Act. The ordinance also authorizes
the County Administrator to promulgate any internal policies necessary to ensure the security of the
electronic signatures and documents bearing the electronic signatures, and to ensure that the storage
of the electronic records is consistent with State of Florida electronic records storage policy.
PREVIOUS RELEVANT BOCC ACTION:
BOCC 8/16/2017 (M6) BOCC directed staff to take steps necessary to allow use of electronic
signatures in County documents permitted by law.
BOCC 2/21/2018 (P8) BOCC approved advertising a scheduled Public Hearing on 3/21/18 in Key
Largo, FL or as soon thereafter as may be heard.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Ordinance Electronic Signatures stamped
Chart -- other Florida statutes
Notice of Intention to Consider Adoption of County Ordinance regarding use of electronic signatures
(2 21 18)
Memo, electronic signature proposed ordinance 2.22.2018- signed
Proof of Publication Key West Citizen PH Ord use of eletronic signatures 3 8 18
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: No cost
Current Year Portion:
Budgeted:
Source of Funds:
CPI: N/A
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
None
REVIEWED BY:
Cynthia Hall
Bob Shillinger
Budget and Finance
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
02/22/2018 12:31 PM
Completed
02/22/2018 3:55 PM
Completed
02/22/2018 4:52 PM
Completed
02/23/2018 7:19 AM
Completed
03/06/2018 2:52 PM
Pending
03/21/2018 9:00 AM
ORDINANCE NO. -2018
AN ORDINANCE OF MONROE COUNTY, FLORIDA, PROVIDING
FOR THE PERMISSIBLE USE OF ELECTRONIC SIGNATURES AND
ELECTRONIC NOTARIZATION ON CERTAIN DOCUMENTS
SUBMITTED TO THE COUNTY; PROVIDING FOR PERMISSIBLE
USE OF ELECTRONIC RECORDS AND TRANSACTIONS;
PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING
ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is becoming a common practice for governments at the local, state and
federal levels to accept documents filed electronically, and bearing electronic signatures and
notarization; and
WHEREAS, the Electronic Signature Act of 1996, § §668.001 through 668.06, Fla. Stat.,
enacted by the Florida legislature in 1996, states that it is the intention of the legislation to facilitate
economic development and efficient delivery of government services by means of use of electronic
messages and to foster e- commerce by allowing a government entity to specify whether or not it will
accept electronically filed and signed documents, and to prescribe the conditions under which it will
do so; and
WHEREAS, the Uniform Electronic Transaction Act, § 668.50, Fla. Stat., was enacted by
the Florida legislature in 2000, applies to commercial transactions, and provides, among other things,
that if a provision of law requires a signature, then an electronic signature satisfies the provision, and
further provides that if a law requires a signature to be notarized, then the requirement is satisfied if
the signature of the notary is in electronic form; and
WHEREAS, the federal E -Sign Act, §§ 15 U.S.C.A. 7001 etseg., adopted by Congress and
signed into law in 2000, provides that a signature on a contract with respect to any transaction in
interstate or foreign commerce is enforceable and may not be denied legal effect solely because an
electronic signature was used to execute the contract; and
WHEREAS, acceptance of documents filed and signed electronically is beneficial to citizens
and businesses interacting with local governments by permitting the citizens to submit documents
electronically rather than by hand delivery, overnight delivery or mailing, and is environmentally
friendly in that it eliminates the need for the presentation of multiple paper copies of documents;
and
WHEREAS, use of electronic signatures and electronic records will save considerable
amount of staff time for Monroe County; and
WHEREAS, the Monroe County Board of County Commissioners therefore deems it to be
in the best interests of the health, safety, welfare and convenience of the citizens and businesses with
which the County interacts, to establish a mechanism for acceptance of certain documents filed
electronically and bearing electronic signatures;
1
NOW THEREFORE, BE IT ENACTED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION I. Article XI of the Code of Ordinances of Monroe County, Florida ( "Code "),
entitled Electronic Signatures, is hereby created in Chapter 2 of the Code to read as set forth below:
Article XI. Electronic Signatures, Records and Transactions Act.
Sec. 2 -770. Purpose and Intent.
In accordance with F.S. §§ 668.001 through 668.006 and § 668.50, the Electronic
Signature Act of 1996 and the Florida Uniform Electronic Transaction Act, respectively,
Monroe County intends to treat an electronic document as having the same force and effect
as a document obtained by traditional, manual means. Electronic commerce, including but
not limited to the implementation and authorization of electronic signatures including
signatures of notaries, electronic records and electronic commerce, can benefit Monroe
County. Electronic commerce has the potential to facilitate economic development and to
improve efficiency of governmental services, expedite business transactions, decrease paper
use, and reduce costs associated with manual signatures.
Sec. 2-771 Definitions.
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them, except when the context clearly indicates a different
meaning:
Electronic signature has the same meaning as in F.S. § 668.003.
Digital signature has the same meaning as in F.S. 668.003.
Electronic reco7d has the same meaning as in F.S. 668.50.
Beco7d has the same meaning as in F.S. § 668.50.
Transaction has the same meaning as in F.S. § 668.50.
Sec. 2 -772 Permissible use of electronic signatures, records and transactions.
(a) Force and effect of an electronic signature.
(1) Unless otherwise provided by law, an electronic signature submitted
to Monroe County may be used to sign a writing for all purposes and shall
have the same force and effect as a manual signature.
(2) The county administrator is authorized and directed to adopt control
processes and procedures to ensure adequate integrity, security,
confidentiality and auditability of electronic signatures, consistent with this
ordinance and F.S. §§ 668.001 through 668.006 and § 668.50, and to ensure
that the storage of electronic records complies with State of Florida records
retention law for electronic records.
2
S.1.a
(b) Force and effect of an electronic record. 1- 7nless otherwise provided by law,
electronic records shall be considered and ;shall be treated the same as any other
records for all purposes, with equal validity.
SECTION II. SEVERABILITY. Should any provision of this Ordinance be declarcd by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
•
circumstances.
v
SECTION III. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION IV. INCLUSION IN THE CODE OF ORDINANCES. The provisiom of this
a
Ordinance shall be included and incorporated in the Code of Ordinances of die County of Monroe,
v
Florida, as an addition or amendment thereto, and shall be appropriately renumbered if necessary to
conform to the uniform numbering system of the code.
SECTION V. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of ;state as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED at the regular meeting of the Board of County Commissioners
.
of Monroe County, Florida, held on the day of .2018.
Mayor David Rice ______
Mayor Pro Tern Sylvia J. Murphy
Commissioner Danny Kolhage
Commissioner George Neugent
v,
Commissioner Heather Carruthers
MOROE COUNTY BOARD OF
COUNTY COMMISSIONERS
BY
David Rice, Mayor
ATTEST. KEVIN hIADOK, CPA, CLERK
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."
605.1 102
Relation to
This chapter nnodiiies, limits, and supersedes the Electronic Signatures in Global acid National Commerce Act, 15 U.S.C.
Florida Revised
ESIGN
s. 7001 et sect.. but does not modify, limit, or supersedes. 101(c) of that act, 15 1 I.S.C. s 7001(c), or authorize electronic
LLC Act)
delivery of the notices described in s. 103(b) of that act, 15 U.S.C. s. 7003(b). Notwithstanding the foregoing. this chapter
does not operate to modify. lima, 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 Definitions (26): "'Sign' or `signature' means any symbol, 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
Prudent
Management of
Institutional
Funds Act
Relation to ESIGN Act: "This section modifies, limits and supersedes the federal Electronic Signatures in
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
Electronic
Signatures 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 in 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.°°
Arbitration 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. 7001(c), or authorize electronic delivery of any of the notices
described in s. 103(b) of that act, 15 U.S.C. s. 7003(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. 7001(c), or authorize electronic delivery of any of the notices described in s. 103(b) of that
Trusts)
act, 15 U.S.C. s. 7003(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."
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on March 21, 2018 at 3:00
P.M., or as soon thereafter as may be heard, in the Murray E. Nelson Government Center,
102050 Overseas Highway, Key Largo, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the adoption of the following County
ordinance:
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
PROVIDING FOR THE PERMISSIBLE USE OF
ELECTRONIC SIGNATURES AND ELECTRONIC
NOTARIZATION ON CERTAIN DOCUMENTS
SUBMITTED TO THE COUNTY; PROVIDING FOR
PERMISSIBLE USE OF ELECTRONIC RECORDS AND
TRANSACTIONS; PROVIDING FOR SEVERABILITY;
REPEALING CONFLICTING ORDINANCES; PROVIDING
FOR INCLUSION IN THE CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292 -4441,
between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled
meeting; if you are hearing or voice impaired, call "711':
Dated at Key West, Florida, this 21" day of February, 2018.
(SEAL)
KEVIN MADOK, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Wed) 2/28/2018
Keynoter (Wed) 2/28/2018
Reporter (Fr) 3/2/2018
MEMORANDUM
Office of the Monroe County Attorney
TO: Mayor, Commissioners
THROUGH: County Administrator Roman Gastesi
County Attorney Bob Shillinger
FROM: Cynthia L. Hall, Assistant County Attorney C R
DATE: February 22, 2018
SUBJECT: Ordinance, Acceptance and Use of Electronic Signatures and Electronic Records
The item on the March 2018 agenda asks for approval of a draft ordinance authorizing the use of
electronic signatures on County documents and also allowing for acceptance and use of
electronic records by the County. The ordinance also gives the County Administrator the
authority to develop and issue internal policies (through Administrative Instructions) to ensure
signature security and integrity.
KEY POINTS OF THE ORDINANCE
1. The draft ordinance provides that an electronic signature, and an electronic record, can be
used in place of an original "wet" signature or original "manual" document, for all purposes
allowed under the UETA or ESA.
2. As a practical matter, the ordinance would mean that all County documents could be
signed using an electronic or digital signature. (A digital signature is a subset of electronic
signatures.) The ordinance would also mean that an electronic document could be used in place
and instead of a hard copy document.
3. The ordinance authorizes the County Administrator to adopt internal policies
(presumably, Administrative Instructions) to ensure adequate integrity, security, confidentiality
and auditability of electronic signatures, consistent with this ordinance and F.S. §§ 668.001
through 668.006 and § 668.50, and to ensure that the storage of electronic records complies with
State of Florida records retention law for electronic records.
BACKGROUND
On August 16, 2017 (item M -6), the Board of County Commissioners directed the County
Attorney's Office to regulations that would authorize the use of electronic signatures on all
County documents by law.
The use of electronic signatures on electronic records has been in place for nearly 20 years by
two pieces of Florida legislation, both of which allow for the use of electronic records, and
electronic signature, in place of "hard copy" documents with "wet" or "manual" signatures, with
the same legal force and effect. See Electronic Signature Act (ESA) (F.S. 668.001 — 668.006),
and Florida Uniform Electronic Transaction Act (UETA) (F.S. § 668.50).
BENEFITS OF ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS
The use of electronic signatures on legally- binding documents has become increasingly prevalent
both in the public and private sectors. Numerous cities and counties within the State of Florida,
and across the country, now have ordinances in place that allow for the use of electronic
signatures and electronic records.
Just as the State of Florida has a record retention policy for hard copy documents, which local
governments including Monroe County are obligated to follow per F.S. 119.011(2) and 119.021,
so too, the State of Florida has issued a records retention policy for electronic records. See State
of Florida Electronic Records and Records Management Practices (2010), available at:
dos. myflorida. com/ media / 31109/ electronicrecordsmanagementpractices .pdf.
The benefits of electronic signatures and electronic records are simply and numerous: They
reduce direct costs associated with transmitting and approving physical documents such as paper
and postage; they reduce indirect costs associated with the same documents, such as staff time;
and they provide an easily accessible audit and evidence trail showing when documents were
circulated, what modifications occurred, and when the documents were signed.
FISCAL IMPACT
The proposed ordinance will result in a projected cost saving to the County, both in direct costs
(paper, postage, etc.) and in indirect costs (staff time). The amount of cost savings is difficult to
quantify.
In 2013, an independent research organization (Ombud) estimated that the estimated savings of
an electronic signatures solution was approximately $20 /document. Monroe County generates
approximately 500 contracts, 100 ordinances, and 370 resolutions per year. This ordinance could
therefore result in savings of approximately $20,000 per year.
Numerous vendors now offer solutions that provide of a means of (a) circulating electronic
documents (including contracts, ordinances and resolutions) for signatures, (b) generating
signatures, (c) storing the electronic documents in accordance with the Florida records retention
policy, and (d) maintaining an audit and evidence trail to show to whom the document was sent,
on what date, whether any modifications were made to the document, and by whom it was signed
(or not). Monroe County staff has identified the leading three vendors in the marketplace, are in
the process of evaluating the vendors, and will be making a purchase shortly. Staff reports that
the initial cost for the purchase or licensing of the platforms, including document storage costs, is
less than $10,000 per year.
2
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