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Florida Statute 15.16 - Full Text and Legal Analysis Florida Statute 15.16 | Lawyer Caselaw & Research
Fla. Stat. § 15.16 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
15.16 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.

Cases Citing F.S. 15.16

Fla. Stat. § 15.16 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Grech v. Clayton Cnty., GA, 335 F.3d 1326 (11th Cir. 2003).

Cited 362 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 13575, 2003 WL 21521761

statutory duties imposed by the State. O.C.G.A. § 15-16-10(a)(1)-(8).15 The Georgia legislature mandates
0 red1 yellow240 green0 procedural
Cited "but see"Couser (2020)
phrase: "but see"
Cited as authorityRiley (2026)
phrase: "rule_authority"
Cited as authority(citing case) (2026)
phrase: "rule_authority"
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·Willie Santonio Manders v. Thurman Lee, 338 F.3d 1304 (11th Cir. 2003).

Cited 369 times | Published | Court of Appeals for the Eleventh Circuit | 2003 WL 21729838

alone hire and fire their deputies. See O.C.G.A. § 15-16-23. Deputies, including those serving as jailers
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Distinguished(citing case) (2017)
phrase: "distinguishing"
Distinguished(citing case) (2017)
phrase: "distinguishing"
Cited as authorityRiley (2026)
phrase: "rule_authority"
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·Keith Ex Rel. Est. of Cook v. DeKalb Cnty., 749 F.3d 1034 (11th Cir. 2014).

Cited 301 times | Published | Court of Appeals for the Eleventh Circuit | 2014 WL 1614291, 2014 U.S. App. LEXIS 7617

seeks judgment against the Sheriff under O.C.G.A. § 15-16-24 36 for the “misconduct of guards
2 red0 yellow153 green0 procedural
VacatedMassey (2020)
phrase: "vacated in"
VacatedMassey (2020)
phrase: "was vacated"
Cited as authorityPerkins (2026)
phrase: "rule_authority"
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·Felicia Pellitteri v. Sheriff Chris Prine, 776 F.3d 777 (11th Cir. 2015).

Cited 41 times | Published | Court of Appeals for the Eleventh Circuit | 31 Am. Disabilities Cas. (BNA) 161, 2015 WL 151112, 2015 U.S. App. LEXIS 474

from county governments. See O.C.G.A. § 15-16-23. Deputies are also considered employees of the
0 red0 yellow29 green0 procedural
Cited as authorityWhite (2026)
phrase: "rule_authority"
Cited as authorityDOWNING (2025)
phrase: "rule_authority"
Cited as authorityNARCISSE (2025)
phrase: "rule_authority"
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·Brett v. Jefferson Cnty., Georgia, 123 F.3d 1429 (11th Cir. 1997).

Cited 23 times | Published | Court of Appeals for the Eleventh Circuit | 1997 U.S. App. LEXIS 27160, 1997 WL 586114

deputy sheriffs at their discretion. O.C.G.A. § 15-16-23. Section 36-1-21(b), however, provides a means
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Cited as authorityPHILLIPS (2022)
phrase: "rule_authority"
Cited as authority(citing case) (2020)
phrase: "rule_authority"
Cited as authorityDalton-Webb (2020)
phrase: "rule_authority"
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·In Re: Billy Joe Magwood, 113 F.3d 1544 (11th Cir. 1997).

Cited 22 times | Published | Court of Appeals for the Eleventh Circuit | 1997 WL 274342

defense; (6) the unconstitutionality of Alabama Code § 15-16-23 (1975), which allows the trial court unbridled
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DistinguishedPratt (1997)
phrase: "distinguishing"
Cited as authorityMcCuien (2026)
phrase: "rule_authority"
Cited as authorityLindsey (2026)
phrase: "rule_authority"
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·Cazares v. Church of Scientology of Cal., Inc., 444 So. 2d 442 (Fla. 5th DCA 1983).

Cited 22 times | Published | Florida 5th District Court of Appeal

...Prior to 1963, *448 some cases held that where the original complaint fails to state a claim upon which relief could be granted, leave to serve a supplemental complaint must be denied because there is no proper claim before the court to supplement. See 3 Moore's Federal Practice § 15.16[2]....
0 red0 yellow15 green0 procedural
Cited as authority(citing case) (2026)
phrase: "rule_authority"
Cited as authoritySvistina (2023)
phrase: "rule_authority"
Cited as authority(citing case) (2022)
phrase: "rule_authority"
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Magwood v. Smith, 791 F.2d 1438 (11th Cir. 1986).

Cited 52 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 25766

court held that "Magwood's attempt to invoke Section 15-16-23 and obtain a stay of execution of the sentence
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·Varnall Weeks v. Ronald E. Jones, Comm'r of Corr., 52 F.3d 1559 (11th Cir. 1995).

Cited 10 times | Published | Court of Appeals for the Eleventh Circuit | 1995 U.S. App. LEXIS 11092, 1995 WL 283739

the Code of Alabama which provides as follows: Ҥ 15-16-23. Suspending execution of death sentence of insane
0 red0 yellow16 green2 procedural
Cited as authorityStachewicz (2025)
phrase: "rule_authority"
Cited as authorityGunn (2023)
phrase: "rule_authority"
Cited as authorityDenson (2023)
phrase: "rule_authority"
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·Michael Leslie Lake v. Michael Skelton, 840 F.3d 1334 (11th Cir. 2016).

Cited 8 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 19774, 2016 WL 6518522

Art. IX, § I, ¶ III (sheriff); Ga. Code Ann. § 15-16-23 (deputy), sheriffs sometimes function as an
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Cited as authorityMERCER (2025)
phrase: "rule_authority"
Cited as authoritySpell (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2024)
phrase: "rule_authority"
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·City of Palm Bay v. Wells Fargo Bank, N.A., 114 So. 3d 924 (Fla. 2013).

Cited 7 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 322, 2013 WL 2096257, 2013 Fla. LEXIS 1000

purposes of the statute.” 5 McQuillin Mun. Corp. § 15:16 (3d ed. 2012). Here, it is undisputed that the
0 red0 yellow14 green0 procedural
Cited as authority(citing case) (2026)
phrase: "rule_authority"
Cited as authority(citing case) (2023)
phrase: "rule_authority"
Cited as authority(citing case) (2022)
phrase: "rule_authority"
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·Christopher Demos v. W.E. Johnson, Warden, 835 F.2d 840 (11th Cir. 1988).

Cited 8 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 312, 1988 WL 46

jury to conduct a competency hearing. Ala.Code § 15-16-21 (1975); cf. Pate, 383 U.S. at 385
0 red0 yellow4 green9 procedural
Cited as authority(citing case) (2005)
phrase: "rule_authority"
Cited as authority(citing case) (1992)
phrase: "rule_authority"
Cited as authority(citing case) (1990)
phrase: "rule_authority"
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Alabama Power Co. v. Fed. Energy Regulatory Comm'n, 685 F.2d 1311 (11th Cir. 1982).

Cited 16 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 25552

to be given to "new licensees" as defined in section 15, 16 U.S.C.A. § 808 (West 1974). They further posit
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·Magwood v. Smith, 791 F.2d 1438 (11th Cir. 1986).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit

competency to stand trial. Pursuant to Ala.Code § 15-16-20,2 the court ordered two local physicians, Dr
0 red3 yellow34 green2 procedural
LimitedRoberts (1992)
phrase: "limited by"
Cited "but see"(citing case) (1991)
phrase: "but see"
DistinguishedBarber (1988)
phrase: "distinguishing"
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·Terri Ezell v. Jahn Darr, 802 F.3d 1217 (11th Cir. 2015).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 16851, 2015 WL 5574811

plainly the case here. See O.C.G.A. § 15-16-23; Veit v. State, 182 Ga.App. 753,
0 red0 yellow8 green0 procedural
Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2022)
phrase: "rule_authority"
Cited as authorityPasek (2021)
phrase: "rule_authority"
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·St. Joe Paper Co. v. St. Johns Cnty., 383 So. 2d 915 (Fla. 5th DCA 1980).

Cited 7 times | Published | Florida 5th District Court of Appeal

...on notice and start the running of the statute. Accordingly, the judgment below is REVERSED and the cause remanded for further proceedings consistent herewith. McCORD and MELVIN, Associate Judges, concur. NOTES [1] 2 Fla.Jur.2d, Adverse Possession, § 15.16.
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Cert. deniedCrigger (1983)
phrase: "cert. denied"
Review denied(citing case) (1983)
phrase: "review denied"
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·Vernon Madison v. Comm'r, Alabama Dep't of Corr., 851 F.3d 1173 (11th Cir. 2017).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2017 WL 992447

executed under Ford and Alabama law. See Ala. Code § 15-16-23 (providing that the trial court shall suspend
0 red0 yellow5 green0 procedural
Cited as authority(citing case) (2019)
phrase: "rule_authority"
Cited as authority(citing case) (2019)
phrase: "rule_authority"
Cited as authority(citing case) (2019)
phrase: "rule_authority"
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·Richard Masone v. City of Aventura, 147 So. 3d 492 (Fla. 2014).

Cited 1 times | Published | Supreme Court of Florida | 2014 WL 2609201

statute.’ ” Id. (quoting 5 McQuillin Mun. Corp. § 15:16 (3d ed. 2012)).
0 red0 yellow14 green0 procedural
Cited as authority(citing case) (2026)
phrase: "rule_authority"
Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2024)
phrase: "rule_authority"
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·Brennan v. City of Miami, 146 So. 3d 119 (Fla. 3d DCA 2014).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 13677, 2014 WL 4340997

Id. (citing 5 McQuillin Mun. Corp. § 15:16 (3d ed. 2012)). The City’s requirement creates
0 red0 yellow1 green0 procedural
Cited as authorityMurciano (2016)
phrase: "rule_authority"
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·Manders v. Lee, 285 F.3d 983 (11th Cir. 2002).

Published | Court of Appeals for the Eleventh Circuit | 2002 U.S. App. LEXIS 4169, 2002 WL 397221

the several counties of this state,” O.C.G.A. § 15-16-l(a), and has mandated a detailed set of qualifications
1 red0 yellow3 green0 procedural
VacatedSeegars (2002)
phrase: "vacated by"
Cited as authorityGennusa (2012)
phrase: "rule_authority"
Cited as authorityRossi (2002)
phrase: "rule_authority"
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·Langston Austin v. Glynn Cnty., Georgia (11th Cir. 2023).

Published | Court of Appeals for the Eleventh Circuit

Argued: Mar 2, 2023

sheriffs for any alleged misconduct. See Ga. Code § 15-16-26. Coun- ties, by contrast, “do[] not
0 red0 yellow2 green1 procedural
Cited as authorityTurner-Pugh (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cert. deniedTurner-Pugh (2024)
phrase: "cert. denied"
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·D'agastino v. the City of Miami, 189 So. 3d 236 (Fla. 3d DCA 2016).

Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 4024, 2016 WL 1051850

purposes of the statute.” 5 McQuillin Mun. Corp. § 15:16 (3d ed.2012). [[Image here]] [T]he Legislature
0 red0 yellow1 green0 procedural
Cited as authorityD'Agastino (2017)
phrase: "rule_authority"
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·Mark Jenkins v. Comm'r, Alabama Dep't of Corr. (11th Cir. 2019).

Published | Court of Appeals for the Eleventh Circuit

a mental-disease-or-defect defense. Ala. Code § 15-16-22(a). “The assigned mental health professional(s)
0 red0 yellow1 green0 procedural
Cited as authorityBowden (2020)
phrase: "rule_authority"
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Alabama Power Co. v. Fed. Energy Regulatory Comm'n, 685 F.2d 1311 (11th Cir. 1982).

Published | Court of Appeals for the Eleventh Circuit

fo be given to “new licensees” as defined in section 15, 16 U.S.C.A. § 808 (West 1974). They further posit
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Langston Austin v. Glynn Cnty., Georgia (11th Cir. 2023).

Published | Court of Appeals for the Eleventh Circuit

Argued: Mar 2, 2023

sheriffs for any alleged misconduct. See Ga. Code § 15-16-26. Coun- ties, by contrast, “do[] not
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Ago (Fla. Att'y Gen. 1992).

Published | Florida Attorney General Reports

facsimile documents, commonly called "faxes." Section 15.16(2), F.S., provides, in part, that: Photographs
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Johan F. Hagstrom v. Co.fe.me. USA Marine Exhaust, LLC, Etc. (Fla. 3d DCA 2021).

Published | Florida 3rd District Court of Appeal

on Commercial Arbitration, 1 Domke on Com. Arb. § 15:16 (2020) (citation omitted); see Fed. Contracting
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Willie Santonio Manders v. Thurman Lee, 338 F.3d 1304 (11th Cir. 2002).

Published | Court of Appeals for the Eleventh Circuit

the several counties of this state," O.C.G.A. § 15-16-1(a), and has mandated a detailed set of qualifications
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Mark Allen Jenkins v. Comm'r, Alabama Dep't of Corr.. (11th Cir. 2020).

Published | Court of Appeals for the Eleventh Circuit

a mental-disease-or-defect defense. Ala. Code § 15-16-22(a). “The assigned mental health professional(s)
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Ford ex rel. Ford v. Wainwright, 752 F.2d 526 (11th Cir. 1985).

Published | Court of Appeals for the Eleventh Circuit

has been found presently incompetent. Ala.Code § 15-16-23 (1981); Ariz.Rev. Stat.Ann. § 13-4021 et seq
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Mark Jenkins v. Comm'r, Alabama Dep't of Corr. (11th Cir. 2019).

Published | Court of Appeals for the Eleventh Circuit

a mental-disease-or-defect defense. Ala. Code § 15-16-22(a). “The assigned mental health professional(s)
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Mark Jenkins v. Comm'r, Alabama Dep't of Corr. (11th Cir. 2019).

Published | Court of Appeals for the Eleventh Circuit

a mental-disease-or-defect defense. Ala. Code § 15-16-22(a). “The assigned mental health professional(s)

This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.