Minutes
Florida Electronic Recording Advisory Committee
November 24, 2009 10 a.m.
Members Present:Members Not Present:
Martha O. Haynie, Orange Comptroller, chairChipsShore, Manatee Clerk of Court
J.K. “Buddy” Irby, Alachua Clerk of CourtSkip Strauss, Strauss & Eisler P.A.
Jim Jett, Clay Clerk of CourtSteve Rumsey, Pioneer Technology
Sue Baldwin, Director, Broward County Records Division
Pat Jones, Attorney’s Title Insurance Fund
John Hutchison, Capital City Bank
Beth Allman, Florida Association of Court Clerks
Others:
Carol Foglesong, Orange County Comptroller’s Office
Mollie Terry, Simplifile
Martha Haynie, chair, called the meeting to order at 10:02 a.m. She welcomed everyone and explained that this was the annual meeting, as required by law. There would need to be one more meeting in 2010 prior to the sunset date of July 2010 to meet the requirements set forth in s. 695.27, F.S. Due topending national level revisions to the e-Recording standards being proposed by the Property Records Industry Association (PRIA), the committee noted that there may be reason to stay in existence in order to monitor those changes and their potential impact on Florida’s rule.A general discussion ensuedonhow long to extend the life of the committee. Buddy Irby made a motion that the law be revised to extend the termination date of the committee to July 1, 2013, and that the chair work with the appropriate legislative staff to get a bill filed. John Hutchison seconded the motion. The motion carried unanimously.
Haynie recognized Carol Foglesong, Orange County Comptroller’s Office, to bring the committee up to date on the Florida Land Title Association (FLTA) and the Real Property, Probate and Trust Law (RPPTL) issues they are proposing. Foglesong told the committee that RPPTL section of The Florida Bar may be filing a bill to ratify the validity of all documents filed since the Uniform Real Property Electronic Recording Act in Florida, and that they also wanted to address liens being created by local government entity action that might not, but should be, recorded. There was also discussion of HB 109/SB 234 Documentary Stamps. These bills provide that forgiven indebtedness in an arms-length short sale is not part of taxable consideration for documentary stamp purposes, which has been and issue for the Department of Revenue. Pat Jones commented that the Department of Revenue is facing a contradiction in law, as no one imagined the situation where an outstanding mortgage balance would exceed the current property value.
Haynie adjourned the meeting at 10:17a.m.