Florida Administrative Code (Last Updated: November 11, 2024) |
1. Department of State |
1B. Division of Library and Information Services |
1B-31. Real Property Electronic Recording |
1(1) 2This rule prescribes standards for electronic recording of real property documents in those Florida counties in which the county recorder elects to accept electronic real property documents for recordation.
31(2) These standards are based on recommendations of the Florida Electronic Advisory Committee and promulgated by the Department of State pursuant to section 54695.27, F.S., 56Florida Uniform Real Property Electronic Recording Act.
63(3) For the purpose of this chapter:
70(a) “County Recorder” means 74the Clerk of the Circuit Court, County Comptroller, or other official county recording officer.
88(b) “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
120(c) “eRecording” means electronic recording of real property documents.
129(d) “Metadata” means data describing other data to facilitate the understanding, use, and management of that data.
146(e) “Open architecture” means 150computer architecture 152or 153software architecture 155that employs specifications that are open to the public to allow for adding, upgrading and exchange of components produced by a broad range of manufacturers.
180(f) “Permanent or long-term” means 185any public records as defined by section 192119.011(11), F.S., 194which have an established retention period of more than 10 years.
205(g) “PDF” (Portable Document Format) means the 212file format 214originally created by 217Adobe Systems 219for document exchange allowing documents to be viewed as they were intended to appear. PDFs are a common format for image exchange or Web presentation.
244(h) 245“TIFF” (Tagged Image File Format) means the variable-resolution bitmapped image format originally developed by the Aldus Corporation (now part of 265Adobe 266Systems) and published as ISO 12639:2004, Graphic technology-Prepress digital data exchange-Tag image file format for image technology (TIFF/IT). TIFF is a common format for high-quality black and white, 294gray-scaled, 295or color graphics of any resolution and is made up of individual dots or pixels.
310(i) “URPERA” (Uniform Real Property Electronic Recording Act) means the 320body of recommended legislation released in 2004 by the National Conference of Commissioners on Uniform State Laws (NCCUSL) for adoption by state legislatures. URPERA authorizes County Recorders to accept electronic documents for recording in accordance with established standards. Florida adopted a modified version of URPERA in 2007 (see section 369695.27, F.S.371).
372(j) “Web portal” (gateway) 376means a site that functions as a point of access to information or services on the 392World Wide Web395.
396(k) “XML” (Extensible Markup Language) means 402an extensible document language for specifying document content. XML is not a predefined markup language but a metalanguage – a language for describing other languages – allowing the user to specify a document type definition (DTD) and design customized markup languages for different classes of documents.
448Rulemaking Authority 450695.27(5)(a) FS. 452Law Implemented 454695.27(5)(a) FS. 456History–New 5-22-08.