Florida Regulations 1B-31.001: General
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(1) This 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.
(2) These standards are based on recommendations of the Florida Electronic Advisory Committee and promulgated by the Department of State pursuant to Florida Statutes § 695.27, Florida Uniform Real Property Electronic Recording Act.
(3) For the purpose of this chapter:
(a) “”County Recorder”” means the Clerk of the Circuit Court, County Comptroller, or other official county recording officer.
(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.
(c) “”eRecording”” means electronic recording of real property documents.
(d) “”Metadata”” means data describing other data to facilitate the understanding, use, and management of that data.
(e) “”Open architecture”” means computer architecture or software architecture that employs specifications that are open to the public to allow for adding, upgrading and exchange of components produced by a broad range of manufacturers.
(f) “”Permanent or long-term”” means any public records as defined by Florida Statutes § 119.011(11), which have an established retention period of more than 10 years.
(g) “”PDF”” (Portable Document Format) means the file format originally created by Adobe Systems for document exchange allowing documents to be viewed as they were intended to appear. PDFs are a common format for image exchange or Web presentation.
(h) “”TIFF”” (Tagged Image File Format) means the variable-resolution bitmapped image format originally developed by the Aldus Corporation (now part of Adobe Systems) 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, gray-scaled, or color graphics of any resolution and is made up of individual dots or pixels.
(i) “”URPERA”” (Uniform Real Property Electronic Recording Act) means the body 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 Florida Statutes § 695.27).
(j) “”Web portal”” (gateway) means a site that functions as a point of access to information or services on the World Wide Web.
(k) “”XML”” (Extensible Markup Language) means an 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.
Rulemaking Authority 695.27(5)(a) FS. Law Implemented 695.27(5)(a) FS. History-New 5-22-08.
Terms Used In Florida Regulations 1B-31.001
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(3) For the purpose of this chapter:
(a) “”County Recorder”” means the Clerk of the Circuit Court, County Comptroller, or other official county recording officer.
(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.
(c) “”eRecording”” means electronic recording of real property documents.
(d) “”Metadata”” means data describing other data to facilitate the understanding, use, and management of that data.
(e) “”Open architecture”” means computer architecture or software architecture that employs specifications that are open to the public to allow for adding, upgrading and exchange of components produced by a broad range of manufacturers.
(f) “”Permanent or long-term”” means any public records as defined by Florida Statutes § 119.011(11), which have an established retention period of more than 10 years.
(g) “”PDF”” (Portable Document Format) means the file format originally created by Adobe Systems for document exchange allowing documents to be viewed as they were intended to appear. PDFs are a common format for image exchange or Web presentation.
(h) “”TIFF”” (Tagged Image File Format) means the variable-resolution bitmapped image format originally developed by the Aldus Corporation (now part of Adobe Systems) 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, gray-scaled, or color graphics of any resolution and is made up of individual dots or pixels.
(i) “”URPERA”” (Uniform Real Property Electronic Recording Act) means the body 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 Florida Statutes § 695.27).
(j) “”Web portal”” (gateway) means a site that functions as a point of access to information or services on the World Wide Web.
(k) “”XML”” (Extensible Markup Language) means an 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.
Rulemaking Authority 695.27(5)(a) FS. Law Implemented 695.27(5)(a) FS. History-New 5-22-08.