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FL H0961

Bill

Status

Passed

6/17/2015

Primary Sponsor

Civil Justice Subcommittee

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Origin

House of Representatives

2015 Regular Session

AI Summary

  • Authorizes senders to post trust account documents to secure electronic accounts or websites with prior written authorization from recipients that enumerates which documents may be posted, includes access instructions, and advises recipients they can amend or revoke authorization at any time.

  • Requires senders to provide a separate notice (by non-electronic means) when documents are posted and to send an annual reminder notice advising recipients that posting may commence a limitations period as short as 6 months even if documents are never accessed.

  • Deems electronically posted documents received on the earlier date of when the recipient receives the separate notice or accesses the document on the electronic account or website.

  • Requires documents posted electronically to remain accessible to recipients for at least 4 years after the date the document is deemed received, with ability to download or print documents.

  • Establishes that senders bear the burden of proving compliance with electronic posting requirements and clarifies that judicial proceedings remain governed by Florida Rules of Civil Procedure; effective July 1, 2015.

Legislative Description

Electronic Noticing of Trust Accounts

Last Action

Chapter No. 2015-176

6/17/2015

Committee Referrals

Banking and Insurance4/21/2015
Judiciary3/13/2015
Civil Justice Subcommittee3/3/2015

Full Bill Text

No bill text available