ELECTRONIC SIGNATURES HAVE THE SAME FORCE AND EFFECT AS WRITTEN SIGNATURES

Luxury Homes and Estates of Florida

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.

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Houston Short grew up in the Central Florida area, and continues to reside in Orlando with his family. He provides representation in arbitration actions for the American Arbitration Association and engages in alternative dispute resolutions including mediation both binding and non-binding arbitration, and settlement negotiations. He is an active member of the American Arbitration Association Panel Review Committee, the Orange County Bar Association, and the Florida Bar. He graduated from Florida State University in 1984 with a bachelors of science degree (cum laude) and received his juris doctor from the University of Florida in 1987 (with honors). Houston co-authored, "The Constitutionality of the Legislatures Mandate to Sever Counterclaims in Mortgage Foreclosure Action," the Real Property, Probate and Trust Law Section, The Florida Bar.