Resolution No. 2020-65RL
CITE° OF CLERMONT
,dtRESOLUTION NO.2020-65R
A RESOLUTION OF THE CITY OF CLERMONT, FLORIDA,
PROVIDING FOR ACCEPTANCE OF ELECTRONIC SIGNATURES,
SEALS AND ELECTRONIC NOTARIZATION ON CERTAIN
DOCUMENTS SUBMITTED TO THE CITY, PROVIDING DEFINITIONS,
SPECIFYING THE ACCEPTABLE MANNER OF AFFIXING
ELECTRONIC SIGNATURES, SEALS AND NOTARIZATION TO
DOCUMENTS, SPECIFYING THE SECURITY PROVISIONS REQUIRED
FOR SUBMITTAL OF ELECTRONIC DOCUMENTS TO ASSURE THE
IDENTITY OF THE PERSONS AFFIXING SIGNATURES THERETO,
AUTHORIZING THE CITY MANAGER TO MODIFY OR EXPAND THE
LIST OF DOCUMENTS BY POLICY WHICH MAY BE SUBMITTED TO
THE CITY WITH ELECTRONIC SIGNATURES, SEALS AND
NOTARIZATIONS AND TO MODIFY THE LIST OF "CERTIFICATE
AUTHORITIES" WHICH MAY PROVIDE CERTIFICATES VERIFYING
THE IDENTITY OF PERSONS SIGNING ELECTRONIC DOCUMENTS;
PROVIDING FOR CONFLICT, SEVERABILITY, THE
ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is becoming a common practice for governments at the local, state, and
federal levels to accept documents filed electronically, and bearing electronic signatures and
notarization; and
WHEREAS, Florida Statutes §668.001 through §668.06 allow any municipality to specify
whether or not it will accept electronically filed and signed documents, and to prescribe the
conditions under which it will do so; and
WHEREAS, acceptance of documents filed and signed electronically is beneficial to
citizens and businesses interacting with local governments by permitting them to submit
documents by electronic mail rather than hand delivery, overnight delivery or mailing, and is
environmentally friendly in that it eliminates the need for the presentation of multiple paper copies
of documents; and
WHEREAS, the City Council therefore deems it to be in the best interests of the health,
safety, welfare and convenience of the citizens and businesses with which the City of Clermont
interacts, to establish a mechanism for acceptance of certain documents filed electronically and
bearing electronic signatures; and
WHEREAS, the City Council of the City of Clermont deems it advisable and in the best
interest of the City, that the electronic signatures be implemented as an adopted policy.
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RESOLUTION NO.2020-65R
NOW, THEREFORE, BE IT RESOLVED, that the City of Clermont Electronic
Signatures Policy is hereby adopted as follows:
SECTION 1
The City Council does hereby adopt the City of Clermont Electronic Signatures Policy as set forth
in Exhibit A, attached hereto and incorporated herein. The City Council of the City of Clermont
may amend the Electronic Signatures Policy by Resolution when deemed necessary and in the best
interest of the City of Clermont.
SECTION 2: CITY MANAGERS AUTHORITY
The City Manager is hereby authorized and directed to amend the policy, set forth herein, as may
be required, to ensure the efficient operation of the City, the appropriate review of City matters
and to ensure the policy is concurrent with City practice, through the use of his Executive Order
privilege and which notice shall be distributed to the City Council after any such action.
SECTION 3: CONFLICT
All policies and/or resolutions or parts of policies and/or resolutions in conflict with any of the
provisions of this Resolution are hereby repealed.
SECTION 4: SEVERABILITY
If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from
the remainder of the Resolution, and the remainder of the Resolution shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Resolution as a whole.
SECTION S: ADMINISTRATIVE CORRECTION
This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or
scrivener's errors which do not affect the intent of said resolution, as authorized by the City
Manager or designee, without need of public hearing, by filing a corrected copy of same with the
City Clerk.
SECTION 6: EFFECTIVE DATE
This Resolution shall be published as provided by law and it shall become law and shall take effect
immediately upon its Passage.
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CITY OF CLERAfONT
RESOLUTION NO.2020-65R
DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake
County, Florida, this 13th day of October 2020.
Tracy Ackroyd
City Clerk
Approved as to Fonn and Legality:
Daniel F Mantzaris, City Attorney
CITY OF,, CLERMONT
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CITY OF CLERAIONT
RESOLUTION NO.2020-65R
EXHIBIT A
ELECTRONIC SIGNATURES POLICE'
The City of Clermont will accept electronic signatures on documents submitted to it electronically,
in accordance with the requirements and specifications of this Section.
A. Definitions
a) The Following terms, when utilized in this policy, shall have the meanings shown
below:
1. "Public Key Infrastructure" shall mean a set of hardware, software, people, policies,
and procedures needed to create, manage, store, distribute and revoke digital signatures.
2. "Certificate Authority (CA)" shall mean a third party who issues electronic credentials
to engage in transactions utilizing an Electronic Digital Signature through the use of a
Certificate.
3. "Certificate" shall mean an electronic document, using the Public Key Infrastructure,
that uses a digital signature to bind together a public key with an identity that identifies
the CA, identifies the subscriber, contains the subscriber's public key, and is digitally
signed by the CA.
4. "Digital Signature" shall mean a type of electronic signature that transforms a message
using an asymmetric cryptosystem such that a recipient of the initial message and the
signer's public key can determine accurately whether the initial message or the
document has been altered since their creation, and whether they were created using
the private key which corresponds to the signer's public key.
5. "Electronic Seal" is a unique digital signature used on conjunction with the
requirements of the Florida Board of Engineers, to permit an engineer to authenticate
electronic plans or rendering. Because the electronic seal is password protected, it is
accessible only to its designated engineer.
6. "Electronic Notarization" is a unique digital signature used in conjunction with the
requirements of Florida Statutes § 117.021, and rules promulgated under the authority
of that statute, used by a Notary Public to authenticate an electronic notarial act.
Because the Electronic Notarization is password protected, it is accessible only to its
designated Notary Public.
7. "Electronic Signature" shall mean any letters, characters, or symbols, manifested by
electronic or similar means, executed or adopted by a party, with intent to authenticate
a writing. A writing is electronically signed if an electronic signature is logically
associated with such writing.
B. Documents Which May Be Submitted Electronically
a) The City will accept the following documents submitted electronically, and bearing
electronic signatures and notarizations.
1. Applications for:
a. Rezoning; Conditional Use Permits; Variances; Planned Unit Developments;
Other Changes in the Permitted Use of a Parcel of Real Property
b. Site Plan Approval
c. Building Permits; Other Permit Related to the Improvement of Real Property
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d. Preliminary Plats; Other Documents Pertaining to the Subdivision of a Parcel
of Real Property
2. Any documents included within any of the applications in B(1) such as but not limited
to boundary surveys, affidavits, engineering drawings, and sketches of legal
descriptions.
3. Contracts, Agreements, and Memorandums of Understanding which are used as part of
normal operations of departments or through the utilizations of Procurement Services
policies.
4. The City Clerks' Office may submit Lien Certificates utilizing a digital certificate of
the City Clerk.
5. The City may request in its sole discretion additional documentation related to the
foregoing, to be submitted, signed or sealed electronically.
6. Any additional documents authorized by the City Manager shall be kept in a list held
by the City Clerk.
C. Requirements for Submitted Electronic Documents
1. Any person submitting electronic documents to the City of Clermont which includes a
Digital Signature shall apply for and receive electronic credentials from a CA which
issues these credentials according to the State of Florida guidelines for use of Public
Key Infrastructure.
2. Such persons must also comply with an requirements of their respective professional
governing boards pertaining to electronic signatures, electronic seals, or electronic
notarization.
3. Such persons must also adhere to all other submittal requirements promulgated by the
City Manager for the particular type of document being submitted, provided that the
City Manager may no promulgate any such requirement which conflicts with any
provision of this establishing policy.
4. To facilitate field inspections, anyone submitting building plans to the City
electronically must, within no more than three (3) business days following electronic
submittal, furnish the Building Services Department with not less than three (3) copies
of a complete paper set of all plans. No building permit will be issued until these paper
plans have been provided.
D. Affixing Digital Signatures and Electronic Notarization to Documents
1. Anyone affixing a Digital Signature of Electronic Notarization to a document submitted
to the City must affix his or her Digital Signature so that it is visible on the document
itself (along with an Electronic Seal on those documents which require a seal).
2. When a document is submitted to the City the submitter shall provide
contemporaneously his or her Certificate so that the City may verify that the document
was signed and submitted by the person purporting to do so.
3. City staff shall, upon receipt of a document submitted with a Digital Signature,
Electronic Seal or Electronic Notarization, verify that the Digital Signature, Electronic
Seal or Electronic Notarization is valid and unaltered, by accessing the Certificate by
way of the Certificate icon on the signature, seal or notarization.
4. City staff shall also verify that any additional requirements for the Digital Signature,
Electronic Notarization, or Electronic Seal, as prescribed by the governing board of the
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RESOLUTION NO.2020-65R
profession of the person submitting either, are present, such as the P.E. number of an
engineer or the commission expiration date of a Notary Public.
E. City Manager to Specify Acceptable Certificate Authorities
a) The City Manager shall specify by written list, to be maintained in the Office of the
City Clerk, those Certificate Authorities who are acceptable to the City for the purpose
of issuing Certificates to persons submitting Digital Signatures, Electronic Seals and
Electronic Notarizations to the City. The City Manager may add to or subtract from
that list at any time, provided however that the City Manager shall not violate or exceed
any tern of this establishing policy in so doing.
F. Retention of Documents Submitted Electronically
a) The City may retain in electronic form, without printing and retaining paper copies,
any document submitted to it electronically and bearing a Digital Signature, Electronic
Seal, or Electronic Notarization. These electronic records shall be considered and
treated in the same manner as other records of the City, and unless exempted under
Florida Statutes, shall be considered public records open for disclosure.
G. Effect of Digital Signature
a) Except to the extent provided by law, and when submitted in compliance with
applicable law and the provisions of the policy:
1. Any Digital Signature shall have the same force and effect as a manual signature
2. Any Electronic Seal shall have the same force and effect as a raised or rubber stamped
seal on a document
3. Any Electronic Notarization shall have the same force and effect as the manual
signature and affixed, raised or rubber stamp seal of a Notary Public
H. Special Provisions Related to Procurement Services
a) For responses to any solicitation to bid, request for proposal, or other invitation issued
by the Procurement Services Department to obtain bids or solicitations for goods or
services to be provided to the City, clicking the "Submit Response" or similar button
or process attached to or logically associated with the response within the City's online
bid management system shall constitute an electronic signature for purposes of that
response as to any form or section calling for a signature, and shall constitute an
affirmative agreement to any statement contained in the solicitation process that
requires a definite confirmation and/or acknowledgement.
b) The Procurement Services Department may also accept original signatures transmitted
and received via facsimile or other electronic transmission of a document (eg PDF or
similar format) as true and valid signatures for all purposes related to the responses.
1. Any facsimile or electronic signature shall constitute the final agreement of the party
submitting the response and conclusive proof of such agreement.
2. Documents and signatures so submitted must be of sufficient quality to be legible either
electronically or when printed as a hard copy.
c) The City Manager, in consultation with the City Attorney, shall determine the level of
CA requirements for Contracts and Agreements processed through a digital signature
software solution as part of the Procurement Services process.
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