Luxury Homes and Estates of Florida Magazine
by Houston E. Short
In a paperless environment parties often execute contracts and submit governmental paperwork via the internet and other electronic media. Original signatures gave way to faxed signatures and now electronic signatures are an accepted method of execution. The "Government Paperwork Elimination Act" ("GPEA") was signed into law on October 21, 1998. The GPEA requires federal agencies, by 2003, to allow individuals or entities that deal with the agencies the option to submit information or transact with the agency electronically. The GPEA specifically states that electronic records and their related electronic signatures are not to be denied legal effect, validity or enforceability merely because they are in electronic form. Florida followed suit. The Florida Electronic Signature Act of 1996 and Uniform Electronic Transfer Act (codified in Chapter 668, Florida Statutes) (collectively "Acts") provide that unless otherwise provided by law, an electronic signature may be used to sign a writing and shall have the same force and effect as a written signature. The Acts further provide, similar to GPEA, that a record, signature, or a contract may not be denied legal effect or enforceability solely because the record, signature or contract is in electronic form. Note, however, that all parties involved in the transaction must agree to conduct the transaction by electronic means in order for the Acts to apply.
Florida government agencies are empowered to determine whether and to what extent they will send and accept electronic records and signatures. See Florida Statute 668.50(18)(a). Further, both the Florida Statutes and the Federal Statutes provide that the type of electronic signature required and the manner and format in which electronic records and signatures must be transmitted are to be determined on an agency-by-agency basis.
