Fla. Stat. § 736.1301 - Commentary to Florida Trust Code

Legal Commentary on Fla. Stat. § 736.1301

Fla. Stat. § 736.1301 preempts the federal Electronic Signatures in Global and National Commerce Act for all matters regarding the Florida Trust Code. Thus, to comply with the notice methods found in Fla. Stat. § 736.0109, one need not also comply with all of the requirements found in the Electronic Signatures in Global and National Commerce Act. Complying with state law is sufficient.

Text of Fla. Stat. § 736.1301

Electronic records and signatures.—Any provisions of this code governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, are deemed to conform to the requirements of s. 102 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s. 7002, and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.

History of Fla. Stat. § 736.1301

Fla. Stat. § 736.1301 became law on July 1, 2007 as part of the Florida Trust Code. It has not been amended or revised since that date.

The text of Fla. Stat. § 736.1301 is taken word for word from § 1102 of the Uniform Trust Code, with the exception of the first word, which was changed from “The” to “Any”.

This article is part of the PTM Legal Commentary to the Florida Trust Code. Click here to navigate through the entire commentary.