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The 2025 Florida Statutes
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F.S. 15.1615.16 Reproduction of records; admissibility in evidence; electronic receipt and transmission of records; certification; acknowledgment.—(1) The Department of State may cause to be made copies of any records maintained by it by miniature photographic microfilming or microphotographic processes or any other photographic, mechanical, or other process heretofore or hereafter devised, including electronic data processing. (2) Photographs, nonerasable optical images, or microphotographs in the form of film, facsimiles, or prints of any records made in compliance with the provisions of this section shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissibility in evidence. Duly certified or authenticated reproductions of such photographs, nonerasable optical images, or microphotographs shall be admitted in evidence equally with the original photographs, nonerasable optical images, or microphotographs. (3)(a) The Department of State may cause to be received electronically any records that are required or authorized to be filed with it pursuant to chapter 48, chapter 55, chapter 117, chapter 118, chapter 495, chapter 605, chapter 606, chapter 607, chapter 610, chapter 617, chapter 620, chapter 621, chapter 679, chapter 713, or chapter 865, through facsimile or other electronic transfers, for the purpose of filing such records. The originals of all such electronically transmitted records must be executed in the manner provided in paragraph (5)(b). The receipt of such electronic transfer constitutes delivery to the department as required by law. The department may use electronic transmissions for purposes of notice in the administration of chapters 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620, 621, 679, and 713 and s. 865.09. The Department of State may collect e-mail addresses for purposes of notice and communication in the performance of its duties and may require filers and registrants to furnish such e-mail addresses when presenting documents for filing. (b) The department may implement a password-protected system for any record electronically received pursuant to paragraph (a) and may require filers to produce supplemental materials to use such system, including, but not limited to, an original signature of the filer and verification of credentials. The department may also implement a password-protected system that allows entities organized under the chapters specified in paragraph (a) to identify authorized account holders for the purpose of electronically filing records related to the entity. If the department implements such a system, it must send to each e-mail address on file with the Division of Corporations on January 1, 2024, a code to participate in a password-protected system. The department may require verification of the identity of an authorized account holder before the account holder is authorized to electronically file a record with the department. (c)1. E-mail addresses collected by the Department of State pursuant to this subsection are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to e-mail addresses held by the Department of State before, on, or after the effective date of the exemption. 2. Secure login credentials held by the Department of State for the purpose of allowing a person to electronically file records under this subsection are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to secure login credentials held by the Department of State before, on, or after the effective date of the exemption. For purposes of this subparagraph, the term “secure login credentials” means information held by the department for purposes of authenticating a user logging into a user account on a computer, a computer system, a computer network, or an electronic device; an online user account accessible over the Internet, whether through a mobile device, a website, or any other electronic means; or information used for authentication or password recovery. 3. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2028, unless reviewed and saved from repeal through reenactment by the Legislature. (4) Notwithstanding any other provision of law, the department may certify or acknowledge and electronically transmit any record maintained by it. The certification must be evidenced by a certification code on each page transmitted which must include the filing number of the document, date of transmission, and page number of the total number of pages transmitted, and a sequential certification number assigned by the department which will identify the transmission and be available for verification of any transmitted acknowledgment or certified document. (5) Notwithstanding any other provision of law, the Department of State shall determine for purposes of electronic filing of any document placed under its jurisdiction for filing or recordation:(a) The appropriate format, which must be retrievable or reproducible in typewritten or printed form and must be legible. (b) The manner of execution, which may include any symbol, manual, facsimile, conformed, or electronic signature adopted by a person with the present intent to authenticate a document. (c) The method of electronic transmission, and fee payment for such document. (d) The amount of any fee surcharge or discount for the use of an electronic filing format. (6) The Department of State may use government or private sector contractors in the promotion or provision of any electronic filing services. (7) The Secretary of State may issue apostilles conforming to the requirements of the international treaty known as the Hague Convention of 1961 and may charge a fee for the issuance of apostilles not to exceed $10 per apostille. The Secretary of State has the sole authority in this state to establish, in accordance with the laws of the United States, the requirements and procedures for the issuance of apostilles. (8) The Department of State may use government or private sector contractors in the promotion or provision of any electronic filing services and may discount the filing fee in an amount equal to the convenience charge for such electronic filings. History.—s. 1, ch. 67-15; ss. 10, 35, ch. 69-106; s. 1, ch. 89-341; s. 1, ch. 93-281; s. 12, ch. 99-218; s. 72, ch. 99-251; s. 3, ch. 2001-195; s. 1, ch. 2001-200; s. 1, ch. 2009-72; s. 1, ch. 2009-129; s. 11, ch. 2012-116; s. 12, ch. 2015-148; s. 1, ch. 2022-190; s. 1, ch. 2023-52; s. 1, ch. 2023-53.
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Annotations, Discussions, Cases:
Cases Citing Statute 15.16
Total Results: 32
338 F.3d 1304, 2003 WL 21729838
Court of Appeals for the Eleventh Circuit | Filed: Jul 28, 2003 | Docket: 397713
Cited 369 times | Published
alone hire and fire their deputies. See O.C.G.A. § 15-16-23. Deputies, including those serving as jailers
335 F.3d 1326, 2003 U.S. App. LEXIS 13575, 2003 WL 21521761
Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2003 | Docket: 397738
Cited 362 times | Published
statutory duties imposed by the State. O.C.G.A. § 15-16-10(a)(1)-(8).15 The Georgia legislature mandates
749 F.3d 1034, 2014 WL 1614291, 2014 U.S. App. LEXIS 7617
Court of Appeals for the Eleventh Circuit | Filed: Apr 23, 2014 | Docket: 287742
Cited 301 times | Published
seeks judgment against the Sheriff under O.C.G.A. § 15-16-24
36
for the “misconduct of guards
791 F.2d 1438, 1986 U.S. App. LEXIS 25766
Court of Appeals for the Eleventh Circuit | Filed: Jun 4, 1986 | Docket: 1247991
Cited 52 times | Published
court held that "Magwood's attempt to invoke Section 15-16-23 and obtain a stay of execution of the sentence
776 F.3d 777, 31 Am. Disabilities Cas. (BNA) 161, 2015 WL 151112, 2015 U.S. App. LEXIS 474
Court of Appeals for the Eleventh Circuit | Filed: Jan 13, 2015 | Docket: 2623821
Cited 41 times | Published
from county governments.
See
O.C.G.A. § 15-16-23. Deputies are also considered employees of the
123 F.3d 1429, 1997 U.S. App. LEXIS 27160, 1997 WL 586114
Court of Appeals for the Eleventh Circuit | Filed: Oct 3, 1997 | Docket: 2035482
Cited 23 times | Published
deputy sheriffs at their discretion. O.C.G.A. § 15-16-23. Section 36-1-21(b), however, provides a means
113 F.3d 1544, 1997 WL 274342
Court of Appeals for the Eleventh Circuit | Filed: May 23, 1997 | Docket: 499733
Cited 22 times | Published
defense; (6) the unconstitutionality of Alabama Code § 15-16-23 (1975), which allows the trial court unbridled
444 So. 2d 442
District Court of Appeal of Florida | Filed: Dec 15, 1983 | Docket: 452020
Cited 22 times | Published
to supplement. See 3 Moore's Federal Practice § 15.16[2]. The Florida rules were adopted in 1966, after
685 F.2d 1311, 1982 U.S. App. LEXIS 25552
Court of Appeals for the Eleventh Circuit | Filed: Sep 17, 1982 | Docket: 462302
Cited 16 times | Published
to be given to "new licensees" as defined in section 15, 16 U.S.C.A. § 808 (West 1974). They further posit
52 F.3d 1559, 1995 U.S. App. LEXIS 11092, 1995 WL 283739
Court of Appeals for the Eleventh Circuit | Filed: May 11, 1995 | Docket: 1226893
Cited 10 times | Published
the Code of Alabama which provides as follows:
Ҥ 15-16-23. Suspending execution of death sentence of insane
840 F.3d 1334, 2016 U.S. App. LEXIS 19774, 2016 WL 6518522
Court of Appeals for the Eleventh Circuit | Filed: Nov 3, 2016 | Docket: 4485231
Cited 8 times | Published
Art. IX, § I, ¶ III (sheriff); Ga. Code Ann. § 15-16-23 (deputy), sheriffs sometimes function as an
835 F.2d 840, 1988 U.S. App. LEXIS 312, 1988 WL 46
Court of Appeals for the Eleventh Circuit | Filed: Jan 15, 1988 | Docket: 812949
Cited 8 times | Published
jury to conduct a competency hearing. Ala.Code § 15-16-21 (1975);
cf. Pate,
383 U.S. at 385
114 So. 3d 924, 38 Fla. L. Weekly Supp. 322, 2013 WL 2096257, 2013 Fla. LEXIS 1000
Supreme Court of Florida | Filed: May 16, 2013 | Docket: 60232017
Cited 7 times | Published
purposes of the statute.” 5 McQuillin Mun. Corp. § 15:16 (3d ed. 2012).
Here, it is undisputed that the
383 So. 2d 915
District Court of Appeal of Florida | Filed: May 9, 1980 | Docket: 457405
Cited 7 times | Published
NOTES
[1] 2 Fla.Jur.2d, Adverse Possession, § 15.16.
851 F.3d 1173, 2017 WL 992447
Court of Appeals for the Eleventh Circuit | Filed: Mar 15, 2017 | Docket: 4617802
Cited 2 times | Published
executed under
Ford and Alabama law. See Ala. Code § 15-16-23 (providing that the trial court
shall suspend
802 F.3d 1217, 2015 U.S. App. LEXIS 16851, 2015 WL 5574811
Court of Appeals for the Eleventh Circuit | Filed: Sep 23, 2015 | Docket: 2850898
Cited 2 times | Published
plainly the case here.
See
O.C.G.A. § 15-16-23;
Veit v. State,
182 Ga.App. 753,
791 F.2d 1438
Court of Appeals for the Eleventh Circuit | Filed: Jun 4, 1986 | Docket: 66216776
Cited 2 times | Published
competency to stand trial. Pursuant to Ala.Code § 15-16-20,2 the court ordered two local physicians, Dr
146 So. 3d 119, 2014 Fla. App. LEXIS 13677, 2014 WL 4340997
District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150539
Cited 1 times | Published
Id.
(citing 5 McQuillin Mun. Corp. § 15:16 (3d ed. 2012)).
The City’s requirement creates
147 So. 3d 492, 2014 WL 2609201
Supreme Court of Florida | Filed: Jun 12, 2014 | Docket: 58812
Cited 1 times | Published
statute.’ ” Id. (quoting 5 McQuillin Mun. Corp. § 15:16 (3d ed.
2012)).
Court of Appeals for the Eleventh Circuit | Filed: Sep 14, 2023 | Docket: 66927272
Published
Argued: Mar 2, 2023
sheriffs for any alleged misconduct. See Ga. Code § 15-16-26. Coun-
ties, by contrast, “do[] not
Court of Appeals for the Eleventh Circuit | Filed: Sep 14, 2023 | Docket: 66927272
Published
Argued: Mar 2, 2023
sheriffs for any alleged misconduct. See Ga. Code § 15-16-26. Coun-
ties, by contrast, “do[] not
District Court of Appeal of Florida | Filed: May 26, 2021 | Docket: 59936540
Published
on Commercial Arbitration, 1 Domke on Com. Arb. § 15:16 (2020)
(citation omitted); see Fed. Contracting
Court of Appeals for the Eleventh Circuit | Filed: Jun 29, 2020 | Docket: 17305274
Published
a mental-disease-or-defect defense. Ala. Code § 15-16-22(a). “The
assigned mental health professional(s)
Court of Appeals for the Eleventh Circuit | Filed: Aug 30, 2019 | Docket: 16135931
Published
a mental-disease-or-defect defense. Ala. Code § 15-16-22(a). “The
assigned mental health professional(s)
Court of Appeals for the Eleventh Circuit | Filed: Aug 30, 2019 | Docket: 16138859
Published
a mental-disease-or-defect defense. Ala. Code § 15-16-22(a). “The
assigned mental health professional(s)
Court of Appeals for the Eleventh Circuit | Filed: Aug 30, 2019 | Docket: 16140620
Published
a mental-disease-or-defect defense. Ala. Code § 15-16-22(a). “The
assigned mental health professional(s)
189 So. 3d 236, 2016 Fla. App. LEXIS 4024, 2016 WL 1051850
District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044891
Published
purposes of the statute.” 5 McQuillin Mun. Corp. § 15:16 (3d ed.2012).
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[T]he Legislature
285 F.3d 983, 2002 U.S. App. LEXIS 4169, 2002 WL 397221
Court of Appeals for the Eleventh Circuit | Filed: Mar 14, 2002 | Docket: 64092633
Published
the several counties of this state,” O.C.G.A. § 15-16-l(a), and has mandated a detailed set of qualifications
338 F.3d 1304
Court of Appeals for the Eleventh Circuit | Filed: Mar 14, 2002 | Docket: 564363
Published
the several counties of this state," O.C.G.A. § 15-16-1(a), and has mandated a detailed set of qualifications
Florida Attorney General Reports | Filed: Oct 30, 1992 | Docket: 3256832
Published
facsimile documents, commonly called "faxes." Section 15.16(2), F.S., provides, in part, that:
Photographs
752 F.2d 526
Court of Appeals for the Eleventh Circuit | Filed: Jan 17, 1985 | Docket: 66203634
Published
has been found presently incompetent. Ala.Code § 15-16-23 (1981); Ariz.Rev. Stat.Ann. § 13-4021 et seq
685 F.2d 1311
Court of Appeals for the Eleventh Circuit | Filed: Sep 17, 1982 | Docket: 66192188
Published
fo be given to “new licensees” as defined in section 15, 16 U.S.C.A. § 808 (West 1974). They further posit
