SECTION 695.28. Validity of recorded electronic documents.
Latest version.
1(1) 2A 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:
46(a) 47That the document was received and accepted for recordation before the Department of State adopted standards implementing s. 65695.27;
66(b) 67Any 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;
119(c) 120That 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. 155117.201, 156or that witnessing may have been done outside the physical presence of the notary public or principal through such audio-visual communication; or
178(d) 179That the document recorded was a certified printout of a document to which one or more electronic signatures have been affixed.
200(2) 201This section does not alter the duty of the clerk or recorder to comply with s. 21728.222, 218s. 219695.27, 220or any rules adopted pursuant to those sections.
228(3) 229This 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).
