Florida Governor Signs Law Clarifying the Validity of Electronically Recorded Real Property Instruments

On June 17, Florida Governor Rick Scott signed into law H.B. 951, which retroactively and prospectively ratifies the validity of electronic documents submitted to and accepted by a court clerk or county recorder for recordation, whether or not such documents were in strict compliance with the statutory and regulatory framework applicable to the submission or recording of electronic documents in effect at the time. The law provides that all such documents are deemed to provide constructive notice of ownership and encumbrances affecting a property. The law does not alter the duty of a court clerk or county recorder to comply with the Uniform Real Property Electronic Recording Act (URPERA) or any rules adopted by the Florida Department of State pursuant to URPERA.