Florida Senate - 2019                                     SB 548
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00168A-19                                           2019548__
    1                        A bill to be entitled                      
    2         An act relating to electronic legal documents;
    3         providing directives to the Division of Law Revision;
    4         amending s. 117.01, F.S.; revising provisions relating
    5         to use of the office of notary public; amending s.
    6         117.021, F.S.; requiring electronic signatures to
    7         include access protection; prohibiting a person from
    8         requiring a notary public to perform a notarial act
    9         with certain technology; requiring the Department of
   10         State, in collaboration with the Agency for State
   11         Technology, to adopt rules for certain purposes;
   12         amending s. 117.05, F.S.; revising limitations on
   13         notary fees to conform to changes made by the act;
   14         providing for the inclusion of certain information in
   15         a jurat or notarial certificate; providing for
   16         compliance with online notarization requirements;
   17         providing for notarial certification of a printed
   18         electronic record; revising statutory forms for jurats
   19         and notarial certificates; amending s. 117.107, F.S.;
   20         providing applicability; revising prohibited acts;
   21         creating s. 117.201, F.S.; providing definitions;
   22         creating s. 117.209, F.S.; authorizing online
   23         notarizations; providing an exception; creating s.
   24         117.215, F.S.; specifying the application of other
   25         laws in relation to online notarizations; creating s.
   26         117.225, F.S.; specifying registration and
   27         qualification requirements for online notaries public;
   28         creating s. 117.235, F.S.; authorizing the performance
   29         of certain notarial acts; creating s. 117.245, F.S.;
   30         requiring a notary public to keep electronic journals
   31         of online notarial acts and certain audio-video
   32         communication recordings; specifying the information
   33         that must be included for each online notarization;
   34         requiring an online notary public to take certain
   35         steps regarding the maintenance and security of the
   36         electronic journal; specifying that the Department of
   37         State maintains jurisdiction for a specified period of
   38         time for purposes of investigating notarial
   39         misconduct; authorizing the use of specified
   40         information for evidentiary purposes; creating s.
   41         117.255, F.S.; specifying requirements for the use of
   42         electronic journals, signatures, and seals; requiring
   43         an online notary public to provide notification of the
   44         theft, vandalism, or loss of an electronic journal,
   45         signature, or seal; authorizing an online notary
   46         public to make copies of electronic journal entries
   47         and to provide access to related recordings under
   48         certain circumstances; authorizing an online notary
   49         public to charge a fee for making and delivering such
   50         copies; providing an exception; creating s. 117.265,
   51         F.S.; prescribing online notarization procedures;
   52         specifying the manner by which an online notary public
   53         must verify the identity of a principal or a witness;
   54         requiring an online notary public to take certain
   55         measures as to the security of technology used;
   56         specifying that an electronic notarial certificate
   57         must identify the performance of an online
   58         notarization; specifying that noncompliance does not
   59         impair the validity of a notarial act or the notarized
   60         electronic record; authorizing the use of specified
   61         information for evidentiary purposes; providing for
   62         construction; creating s. 117.275, F.S.; providing
   63         fees for online notarizations; creating s. 117.285,
   64         F.S.; specifying the manner by which an online notary
   65         public may supervise the witnessing of electronic
   66         records of online notarizations; creating s. 117.295,
   67         F.S.; authorizing the department to adopt rules and
   68         standards for online notarizations; providing minimum
   69         standards for online notarizations until such rules
   70         are adopted; creating s. 117.305, F.S.; superseding
   71         certain provisions of federal law regulating
   72         electronic signatures; amending s. 28.222, F.S.;
   73         requiring the clerk of the circuit court to record
   74         certain instruments; amending s. 90.803, F.S.;
   75         creating a hearsay exception for certain electronic
   76         records created and stored by a qualified custodian;
   77         amending s. 92.50, F.S.; revising requirements for
   78         oaths, affidavits, and acknowledgements; amending s.
   79         95.231, F.S.; providing a limitation period for
   80         certain recorded instruments; amending s. 689.01,
   81         F.S.; providing for the witnessing of documents in
   82         connection with real estate conveyances; providing for
   83         the validation of certain recorded documents; amending
   84         s. 694.08, F.S.; providing for the validation of
   85         certain recorded documents; amending s. 695.03, F.S.;
   86         providing and revising requirements for making
   87         acknowledgments, proofs, and other documents; amending
   88         s. 695.04, F.S.; conforming provisions to changes made
   89         by the act; amending s. 695.25, F.S.; revising the
   90         statutory short form of acknowledgements to include
   91         acknowledgement by online notarization; amending s.
   92         695.28, F.S.; revising the criteria under which an
   93         electronic document is deemed to be validly recorded;
   94         conforming provisions to changes made by the act;
   95         amending s. 709.2119, F.S.; authorizing the acceptance
   96         of a power of attorney based upon an electronic
   97         journal or electronic record made by a notary public;
   98         amending s. 709.2120, F.S.; prohibiting acceptance of
   99         a power of attorney if witnessed or notarized
  100         remotely; amending s. 709.2202, F.S.; prohibiting the
  101         granting of certain authority through a power of
  102         attorney that is witnessed or notarized remotely;
  103         amending s. 731.201, F.S.; redefining the term “will”
  104         to conform to changes made by the act; amending s.
  105         732.506, F.S.; exempting electronic wills from
  106         provisions governing the revocation of wills and
  107         codicils; prescribing the manner by which an
  108         electronic will or codicil may be revoked; creating s.
  109         732.521, F.S.; providing definitions; creating s.
  110         732.522, F.S.; prescribing the manner by which an
  111         electronic will must be executed; creating s. 732.523,
  112         F.S.; specifying requirements for the self-proof of an
  113         electronic will; creating s. 732.524, F.S.; specifying
  114         requirements necessary to serve as a qualified
  115         custodian of an electronic will; creating s. 732.525,
  116         F.S.; requiring a qualified custodian to post and
  117         maintain a blanket surety bond of a specified amount
  118         and maintain liability insurance; authorizing the
  119         Attorney General to petition a court to appoint a
  120         receiver to manage electronic records of a qualified
  121         custodian; creating s. 732.526, F.S.; specifying
  122         conditions by which an electronic will is deemed to be
  123         an original will; amending s. 733.201, F.S.; requiring
  124         that self-proved electronic wills meet certain
  125         requirements for admission to probate; creating s.
  126         740.10, F.S.; specifying that any act taken pursuant
  127         to ch. 740, F.S., does not affect the requirement that
  128         a will be deposited within a certain timeframe;
  129         providing effective dates.
  130          
  131  Be It Enacted by the Legislature of the State of Florida:
  132  
  133         Section 1. The Division of Law Revision is directed to:
  134         (1)Create part I of chapter 117, Florida Statutes,
  135  consisting of ss. 117.01-117.108, Florida Statutes, to be
  136  entitled “General Provisions.”
  137         (2)Create part II of chapter 117, Florida Statutes,
  138  consisting of ss. 117.201-117.305, Florida Statutes, to be
  139  entitled “Online Notarizations.”
  140         Section 2. Subsection (1) of section 117.01, Florida
  141  Statutes, is amended to read:
  142         117.01 Appointment, application, suspension, revocation,
  143  application fee, bond, and oath.—
  144         (1) The Governor may appoint as many notaries public as he
  145  or she deems necessary, each of whom must shall be at least 18
  146  years of age and a legal resident of this the state. A permanent
  147  resident alien may apply and be appointed and shall file with
  148  his or her application a recorded Declaration of Domicile. The
  149  residence required for appointment must be maintained throughout
  150  the term of appointment. A notary public Notaries public shall
  151  be appointed for 4 years and may only shall use and exercise the
  152  office of notary public when he or she is within the boundaries
  153  of this state. An applicant must be able to read, write, and
  154  understand the English language.
  155         Section 3. Present subsections (4) and (5) of section
  156  117.021, Florida Statutes, are renumbered as subsections (5) and
  157  (6), respectively, subsection (2) of that section is amended,
  158  and a new subsection (4) and subsection (7) are added to that
  159  section, to read:
  160         117.021 Electronic notarization.—
  161         (2) In performing an electronic notarial act, a notary
  162  public shall use an electronic signature that is:
  163         (a) Unique to the notary public;
  164         (b) Capable of independent verification;
  165         (c) Retained under the notary public’s sole control and
  166  includes access protection through the use of passwords or codes
  167  under control of the notary public; and
  168         (d) Attached to or logically associated with the electronic
  169  document in a manner that any subsequent alteration to the
  170  electronic document displays evidence of the alteration.
  171         (4)A person may not require a notary public to perform a
  172  notarial act with respect to an electronic record with a form of
  173  technology that the notary public has not selected to use.
  174         (7)The Department of State, in collaboration with the
  175  Agency for State Technology, shall adopt rules establishing
  176  standards for tamper-evident technologies that will indicate any
  177  alteration or change to an electronic record after completion of
  178  an electronic notarial act. All electronic notarizations
  179  performed on or after January 1, 2020, must comply with the
  180  adopted standards.
  181         Section 4. Subsection (1), paragraph (a) of subsection (2),
  182  subsections (4) and (5), paragraph (a) of subsection (12), and
  183  subsections (13) and (14) of section 117.05, Florida Statutes,
  184  are amended, and paragraph (c) is added to subsection (12) of
  185  that section, to read:
  186         117.05 Use of notary commission; unlawful use; notary fee;
  187  seal; duties; employer liability; name change; advertising;
  188  photocopies; penalties.—
  189         (1) A No person may not shall obtain or use a notary public
  190  commission in other than his or her legal name, and it is
  191  unlawful for a notary public to notarize his or her own
  192  signature. Any person applying for a notary public commission
  193  must submit proof of identity to the Department of State if so
  194  requested. Any person who violates the provisions of this
  195  subsection commits is guilty of a felony of the third degree,
  196  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  197         (2)(a) The fee of a notary public may not exceed $10 for
  198  any one notarial act, except as provided in s. 117.045 or s.
  199  117.275.
  200         (4) When notarizing a signature, a notary public shall
  201  complete a jurat or notarial certificate in substantially the
  202  same form as those found in subsection (13). The jurat or
  203  certificate of acknowledgment shall contain the following
  204  elements:
  205         (a) The venue stating the location of the notary public at
  206  the time of the notarization in the format, “State of Florida,
  207  County of .............”
  208         (b) The type of notarial act performed, an oath or an
  209  acknowledgment, evidenced by the words “sworn” or
  210  “acknowledged.”
  211         (c) Whether That the signer personally appeared before the
  212  notary public at the time of the notarization by physical
  213  presence or by means of audio-video communication technology as
  214  authorized under part II of this chapter.
  215         (d) The exact date of the notarial act.
  216         (e) The name of the person whose signature is being
  217  notarized. It is presumed, absent such specific notation by the
  218  notary public, that notarization is to all signatures.
  219         (f) The specific type of identification the notary public
  220  is relying upon in identifying the signer, either based on
  221  personal knowledge or satisfactory evidence specified in
  222  subsection (5).
  223         (g) The notary public’s notary’s official signature.
  224         (h) The notary public’s notary’s name, which must be typed,
  225  printed, or stamped below the signature.
  226         (i) The notary public’s notary’s official seal affixed
  227  below or to either side of the notary public’s notary’s
  228  signature.
  229         (5) A notary public may not notarize a signature on a
  230  document unless he or she personally knows, or has satisfactory
  231  evidence, that the person whose signature is to be notarized is
  232  the individual who is described in and who is executing the
  233  instrument. A notary public shall certify in the certificate of
  234  acknowledgment or jurat the type of identification, either based
  235  on personal knowledge or other form of identification, upon
  236  which the notary public is relying. In the case of an online
  237  notarization, the online notary public shall comply with the
  238  requirements set forth in part II of this chapter.
  239         (a) For purposes of this subsection, the term “personally
  240  knows” means having an acquaintance, derived from association
  241  with the individual, which establishes the individual’s identity
  242  with at least a reasonable certainty.
  243         (b) For the purposes of this subsection, the term
  244  “satisfactory evidence” means the absence of any information,
  245  evidence, or other circumstances which would lead a reasonable
  246  person to believe that the person whose signature is to be
  247  notarized is not the person he or she claims to be and any one
  248  of the following:
  249         1. The sworn written statement of one credible witness
  250  personally known to the notary public or the sworn written
  251  statement of two credible witnesses whose identities are proven
  252  to the notary public upon the presentation of satisfactory
  253  evidence that each of the following is true:
  254         a. That the person whose signature is to be notarized is
  255  the person named in the document;
  256         b. That the person whose signature is to be notarized is
  257  personally known to the witnesses;
  258         c. That it is the reasonable belief of the witnesses that
  259  the circumstances of the person whose signature is to be
  260  notarized are such that it would be very difficult or impossible
  261  for that person to obtain another acceptable form of
  262  identification;
  263         d. That it is the reasonable belief of the witnesses that
  264  the person whose signature is to be notarized does not possess
  265  any of the identification documents specified in subparagraph
  266  2.; and
  267         e. That the witnesses do not have a financial interest in
  268  nor are parties to the underlying transaction; or
  269         2. Reasonable reliance on the presentation to the notary
  270  public of any one of the following forms of identification, if
  271  the document is current or has been issued within the past 5
  272  years and bears a serial or other identifying number:
  273         a. A Florida identification card or driver license issued
  274  by the public agency authorized to issue driver licenses;
  275         b. A passport issued by the Department of State of the
  276  United States;
  277         c. A passport issued by a foreign government if the
  278  document is stamped by the United States Bureau of Citizenship
  279  and Immigration Services;
  280         d. A driver license or an identification card issued by a
  281  public agency authorized to issue driver licenses in a state
  282  other than Florida or in, a territory of the United States, or
  283  Canada or Mexico;
  284         e. An identification card issued by any branch of the armed
  285  forces of the United States;
  286         f. A veteran health identification card issued by the
  287  United States Department of Veterans Affairs;
  288         g. An inmate identification card issued on or after January
  289  1, 1991, by the Florida Department of Corrections for an inmate
  290  who is in the custody of the department;
  291         h. An inmate identification card issued by the United
  292  States Department of Justice, Bureau of Prisons, for an inmate
  293  who is in the custody of the department;
  294         i. A sworn, written statement from a sworn law enforcement
  295  officer that the forms of identification for an inmate in an
  296  institution of confinement were confiscated upon confinement and
  297  that the person named in the document is the person whose
  298  signature is to be notarized; or
  299         j. An identification card issued by the United States
  300  Bureau of Citizenship and Immigration Services.
  301         (12)(a) A notary public may supervise the making of a copy
  302  of a tangible or an electronic record or the printing of an
  303  electronic record, photocopy of an original document and attest
  304  to the trueness of the copy or of the printout, provided the
  305  document is neither a vital record in this state, another state,
  306  a territory of the United States, or another country, nor a
  307  public record, if a copy can be made by the custodian of the
  308  public record.
  309         (c)A notary public must use a certificate in substantially
  310  the following form in notarizing a copy of a tangible or an
  311  electronic record or a printout of an electronic record:
  312  
  313  STATE OF FLORIDA
  314  COUNTY OF ........
  315  
  316  On this .... day of ........, ...(year)..., I attest that the
  317  preceding or attached document is a true, exact, complete, and
  318  unaltered ...(copy of a tangible or an electronic record
  319  presented to me by the document’s custodian)... or a
  320  ...(printout made by me from such record).... If a printout, I
  321  further attest that at the time of printing, no security
  322  features, if any, present on the electronic record, indicated
  323  that the record had been altered since execution.
  324  
  325  ...(Signature of Notary Public — State of Florida)...
  326  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  327  
  328         (13) The following notarial certificates are sufficient for
  329  the purposes indicated, if completed with the information
  330  required by this chapter. The specification of forms under this
  331  subsection does not preclude the use of other forms.
  332         (a) For an oath or affirmation:
  333  
  334  STATE OF FLORIDA
  335  COUNTY OF ........
  336  
  337         Sworn to (or affirmed) and subscribed before me by means of
  338  [] physical presence or [] online notarization, this .... day of
  339  ........, ...(year)..., by ...(name of person making
  340  statement)....
  341  
  342  ...(Signature of Notary Public - State of Florida)...
  343  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  344         Personally Known ........ OR Produced Identification
  345  ........
  346  
  347         Type of Identification Produced..........................
  348  
  349         (b) For an acknowledgment in an individual capacity:
  350  
  351  STATE OF FLORIDA
  352  COUNTY OF ........
  353  
  354  The foregoing instrument was acknowledged before me by means of
  355  [] physical presence or [] online notarization, this .... day of
  356  ........, ...(year)..., by ...(name of person acknowledging)....
  357  
  358  ...(Signature of Notary Public - State of Florida)...
  359  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  360         Personally Known ........ OR Produced Identification
  361  ........
  362         Type of Identification Produced..........................
  363  
  364         (c) For an acknowledgment in a representative capacity:
  365  
  366  STATE OF FLORIDA
  367  COUNTY OF ........
  368  
  369  The foregoing instrument was acknowledged before me by means of
  370  [] physical presence or [] online notarization, this .... day of
  371  ........, ...(year)..., by ...(name of person)... as ...(type of
  372  authority, . . . e.g. officer, trustee, attorney in fact)... for
  373  ...(name of party on behalf of whom instrument was executed)....
  374  
  375  ...(Signature of Notary Public - State of Florida)...
  376  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  377         Personally Known ........ OR Produced Identification
  378  ........
  379         Type of Identification Produced..........................
  380  
  381         (14) A notary public must make reasonable accommodations to
  382  provide notarial services to persons with disabilities.
  383         (a) A notary public may notarize the signature of a person
  384  who is blind after the notary public has read the entire
  385  instrument to that person.
  386         (b) A notary public may notarize the signature of a person
  387  who signs with a mark if:
  388         1. The document signing is witnessed by two disinterested
  389  persons;
  390         2. The notary public prints the person’s first name at the
  391  beginning of the designated signature line and the person’s last
  392  name at the end of the designated signature line; and
  393         3. The notary public prints the words “his (or her) mark”
  394  below the person’s signature mark.
  395         (c) The following notarial certificates are sufficient for
  396  the purpose of notarizing for a person who signs with a mark:
  397         1. For an oath or affirmation:
  398  
  399  ...(First Name)... ...(Last Name)...
  400  ...His (or Her) Mark...
  401  
  402  STATE OF FLORIDA
  403  COUNTY OF ........
  404  
  405  Sworn to and subscribed before me by means of [] physical
  406  presence or [] online notarization, this .... day of ........,
  407  ...(year)..., by ...(name of person making statement)..., who
  408  signed with a mark in the presence of these witnesses:
  409  
  410  ...(Signature of Notary Public - State of Florida)...
  411  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  412         Personally Known ........ OR Produced Identification
  413  ........
  414         Type of Identification Produced..........................
  415  
  416         2. For an acknowledgment in an individual capacity:
  417  
  418  ...(First Name)... ...(Last Name)...
  419  ...His (or Her) Mark...
  420  
  421  STATE OF FLORIDA
  422  COUNTY OF ........
  423  
  424  The foregoing instrument was acknowledged before me by means of
  425  [] physical presence or [] online notarization, this .... day of
  426  ........, ...(year)..., by ...(name of person acknowledging)...,
  427  who signed with a mark in the presence of these witnesses:
  428  
  429  ...(Signature of Notary Public - State of Florida)...
  430  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  431         Personally Known ........ OR Produced Identification
  432  ........
  433         Type of Identification Produced..........................
  434  
  435         (d) A notary public may sign the name of a person whose
  436  signature is to be notarized when that person is physically
  437  unable to sign or make a signature mark on a document if:
  438         1. The person with a disability directs the notary public
  439  to sign in his or her presence by verbal, written, or other
  440  means;
  441         2. The document signing is witnessed by two disinterested
  442  persons; and
  443         3. The notary public writes below the signature the
  444  following statement: “Signature affixed by notary, pursuant to
  445  s. 117.05(14), Florida Statutes,” and states the circumstances
  446  and the means by which the notary public was directed to sign of
  447  the signing in the notarial certificate.
  448  
  449  The notary public must maintain the proof of direction and
  450  authorization to sign on behalf of the person with a disability
  451  for at least 10 years after the date of the notarial act.
  452         (e) The following notarial certificates are sufficient for
  453  the purpose of notarizing for a person with a disability who
  454  directs the notary public to sign his or her name:
  455         1. For an oath or affirmation:
  456  
  457  STATE OF FLORIDA
  458  COUNTY OF ........
  459  
  460  Sworn to (or affirmed) before me by means of [] physical
  461  presence or [] online notarization, this .... day of ........,
  462  ...(year)..., by ...(name of person making statement)..., and
  463  subscribed by ...(name of notary)... at the direction of and in
  464  the presence of ...(name of person making statement)... by
  465  ...(written, verbal, or other means)..., and in the presence of
  466  these witnesses:
  467  
  468  ...(Signature of Notary Public - State of Florida)...
  469  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  470         Personally Known ........ OR Produced Identification
  471  ........
  472         Type of Identification Produced..........................
  473  
  474         2. For an acknowledgment in an individual capacity:
  475  
  476  STATE OF FLORIDA
  477  COUNTY OF ........
  478  
  479  The foregoing instrument was acknowledged before me by means of
  480  [] physical presence or [] online notarization, this .... day of
  481  ........, ...(year)..., by ...(name of person acknowledging)...
  482  and subscribed by ...(name of notary)... at the direction of and
  483  in the presence of ...(name of person acknowledging)..., and in
  484  the presence of these witnesses:
  485  
  486  ...(Signature of Notary Public - State of Florida)...
  487  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  488         Personally Known ........ OR Produced Identification
  489  ........
  490         Type of Identification Produced..........................
  491         Section 5. Subsections (2) and (9) of section 117.107,
  492  Florida Statutes, are amended to read:
  493         117.107 Prohibited acts.—
  494         (2) A notary public may not sign notarial certificates
  495  using a facsimile signature stamp unless the notary public has a
  496  physical disability that limits or prohibits his or her ability
  497  to make a written signature and unless the notary public has
  498  first submitted written notice to the Department of State with
  499  an exemplar of the facsimile signature stamp. This subsection
  500  does not apply to or prohibit the use of an electronic signature
  501  and seal by a notary public who is registered as an online
  502  notary public to perform an electronic or online notarization in
  503  accordance with this chapter.
  504         (9) A notary public may not notarize a signature on a
  505  document if the person whose signature is being notarized does
  506  not appear before the notary public either by means of physical
  507  presence or by means of audio-video communication technology as
  508  authorized under part II of this chapter is not in the presence
  509  of the notary public at the time the signature is notarized. Any
  510  notary public who violates this subsection commits is guilty of
  511  a civil infraction, punishable by penalty not exceeding $5,000,
  512  and such violation constitutes malfeasance and misfeasance in
  513  the conduct of official duties. It is no defense to the civil
  514  infraction specified in this subsection that the notary public
  515  acted without intent to defraud. A notary public who violates
  516  this subsection with the intent to defraud commits a violation
  517  of is guilty of violating s. 117.105.
  518         Section 6. Section 117.201, Florida Statutes, is created to
  519  read:
  520         117.201Definitions.—As used in this part, the term:
  521         (1)“Appear before,” “before,” or “in the presence of”
  522  means:
  523         (a)In the same physical location as another person and
  524  close enough to see, hear, communicate with, and exchange
  525  credentials with that person; or
  526         (b)In a different physical location from another person,
  527  but able to see, hear, and communicate with the person by means
  528  of audio-video communication technology.
  529         (2)“Audio-video communication technology” means technology
  530  in compliance with applicable law which enables real-time, two
  531  way communication using electronic means by which participants
  532  are able to see, hear, and communicate with one another.
  533         (3)“Credential analysis” means a process or service, in
  534  compliance with applicable law, in which a third party affirms
  535  the validity of a government-issued identification credential
  536  and data thereon through review of public or proprietary data
  537  sources.
  538         (4)“Electronic,” “electronic record,” or “electronic
  539  signature” has the same meaning as provided in s. 668.50.
  540         (5)“Errors and omissions insurance” means a type of
  541  insurance that provides coverage for potential errors or
  542  omissions in or relating to the notarial act and is maintained,
  543  as applicable, by the online notary public or his or her
  544  employer, or a remote online notarization service provider.
  545         (6)“Government-issued identification credential” means any
  546  approved credential for verifying identity under s.
  547  117.05(5)(b)2.
  548         (7)“Identity proofing” means a process or service in
  549  compliance with applicable law in which a third party affirms
  550  the identity of an individual through use of public or
  551  proprietary data sources, which may include by means of
  552  knowledge-based authentication or biometric verification.
  553         (8)“Knowledge-based authentication” means a form of
  554  identity proofing based on a set of questions that pertain to an
  555  individual and are formulated from public or proprietary data
  556  sources.
  557         (9)“Online notarization” means the performance of a
  558  notarial act using electronic means by which the principal
  559  appears before the notary public by means of audio-video
  560  communication technology.
  561         (10)“Online notary public” means a notary public
  562  commissioned under part I of this chapter, a civil-law notary
  563  appointed under chapter 118, or a commissioner of deeds
  564  appointed under part IV of chapter 721, who has registered with
  565  the Department of State to perform online notarizations under
  566  this part.
  567         (11)“Physical presence” means being in the same physical
  568  location as another person and close enough to see, hear,
  569  communicate with, and exchange credentials with that person.
  570         (12)“Principal” means an individual whose electronic
  571  signature is acknowledged, witnessed, or attested to in an
  572  online notarization or who takes an oath or affirmation from the
  573  online notary public.
  574         (13)“Record” means information that is inscribed on a
  575  tangible medium or that is stored in an electronic or other
  576  medium and is retrievable in perceivable form, including public
  577  records as defined in s. 119.011.
  578         (14)“Remote online notarization service provider” or “RON
  579  service provider” means a person who provides audio-video
  580  communication technology and related processes, services,
  581  software, data storage, or other services to online notaries
  582  public for the purpose of directly facilitating their
  583  performance of online notarizations in compliance with this
  584  chapter and any rules adopted by the Department of State
  585  pursuant to s. 117.295.
  586         (15)“Remote presentation” means transmission of an image
  587  of a government-issued identification credential that is of
  588  sufficient quality to enable the online notary public to
  589  identify the individual seeking the notary’s services and to
  590  perform credential analysis through audio-video communication
  591  technology.
  592         Section 7. Section 117.209, Florida Statutes, is created to
  593  read:
  594         117.209Authority to perform online notarizations.—
  595         (1)An online notary public may perform any of the
  596  functions authorized under part I of this chapter as an online
  597  notarization by complying with the requirements of this part and
  598  any rules adopted by the Department of State pursuant to s.
  599  117.295, excluding solemnizing the rites of matrimony.
  600         (2)If a notarial act requires a principal to appear before
  601  or in the presence of the online notary public, the principal
  602  may appear before the online notary public by means of audio
  603  video communication technology that meets the requirements of
  604  this part and any rules adopted by the Department of State
  605  pursuant to s. 117.295.
  606         (3)An online notary public physically located in this
  607  state may perform an online notarization as authorized under
  608  this part, regardless of whether the principal or any witnesses
  609  are physically located in this state at the time of the online
  610  notarization. A commissioner of deeds registered as an online
  611  notary public may perform an online notarization while
  612  physically located within or outside the state in accordance
  613  with the territorial limits of its jurisdiction and other
  614  limitations and requirements otherwise applicable to acts by
  615  commissioners of deeds.
  616         (4)The validity of an online notarization performed by an
  617  online notary public registered in this state shall be
  618  determined by applicable laws of this state regardless of the
  619  physical location of the principal or any witnesses at the time
  620  of the notarial act.
  621         Section 8. Section 117.215, Florida Statutes, is created to
  622  read:
  623         117.215Relation to other laws.—
  624         (1)If a provision of law requires a notary public or other
  625  authorized official of this state to notarize a signature or a
  626  statement, to take an acknowledgement of an instrument, or to
  627  administer an oath or affirmation so that a document may be
  628  sworn, affirmed, made under oath, or subject to penalty of
  629  perjury, an online notarization performed in accordance with
  630  this part and any rules adopted hereunder satisfies such
  631  requirement.
  632         (2)If a provision of law requires a signature or an act to
  633  be witnessed, compliance with the online electronic witnessing
  634  standards prescribed in s. 117.285 and any rules adopted
  635  thereunder satisfies that requirement.
  636         Section 9. Section 117.225, Florida Statutes, is created to
  637  read:
  638         117.225Registration; qualifications.—A notary public, a
  639  civil-law notary appointed under chapter 118, or a commissioner
  640  of deeds appointed under part IV of chapter 721 may complete
  641  registration as an online notary public with the Department of
  642  State by:
  643         (1)Holding a current commission as a notary public under
  644  part I of this chapter, an appointment as a civil-law notary
  645  under chapter 118, or an appointment as a commissioner of deeds
  646  under part IV of chapter 721, and submitting a copy of such
  647  commission or proof of such appointment with his or her
  648  registration.
  649         (2)Certifying that the notary public, civil-law notary, or
  650  commissioner of deeds registering as an online notary public has
  651  completed a classroom or online course covering the duties,
  652  obligations, and technology requirements for serving as an
  653  online notary public.
  654         (3)Paying a notary public registration fee as required by
  655  s. 113.01.
  656         (4)Submitting a registration as an online notary public to
  657  the Department of State, signed and sworn to by the registrant.
  658         (5)Identifying the RON service provider whose audio-video
  659  communication technology and processes for credential analysis
  660  and identity proofing technologies the registrant intends to use
  661  for online notarizations, and confirming that such technology
  662  and processes satisfy the requirements of this chapter and any
  663  rules adopted by the Department of State pursuant to s. 117.295.
  664         (6)Providing evidence satisfactory to the Department of
  665  State that the registrant has obtained a bond, payable to any
  666  individual harmed as a result of a breach of duty by the
  667  registrant acting in his or her official capacity as an online
  668  notary public, conditioned for the due discharge of the office,
  669  and on such terms as are specified by rule by the Department of
  670  State as reasonably necessary to protect the public. The bond
  671  shall be approved and filed with the Department of State and
  672  executed by a surety company duly authorized to transact
  673  business in this state. Compliance by an online notary public
  674  with this requirement satisfies the requirement of obtaining a
  675  bond under s. 117.01(7).
  676         (7)Providing evidence satisfactory to the Department of
  677  State that the registrant acting in his or her capacity as an
  678  online notary public is covered by an errors and omissions
  679  insurance policy from an insurer authorized to transact business
  680  in this state, in the minimum amount of $25,000 and on such
  681  terms as are specified by rule by the Department of State as
  682  reasonably necessary to protect the public.
  683         Section 10. Section 117.235, Florida Statutes, is created
  684  to read:
  685         117.235Performance of notarial acts.—
  686         (1)An online notary public is subject to part I of this
  687  chapter to the same extent as a notary public appointed and
  688  commissioned only under that part, including the provisions of
  689  s. 117.021 relating to electronic notarizations.
  690         (2)An online notary public may perform notarial acts as
  691  provided by part I of this chapter in addition to performing
  692  online notarizations as authorized and pursuant to the
  693  provisions of this part.
  694         Section 11. Section 117.245, Florida Statutes, is created
  695  to read:
  696         117.245Electronic journal of online notarizations.—
  697         (1)An online notary public shall keep one or more secure
  698  electronic journals of online notarial acts performed by the
  699  online notary public. For each online notarization, the
  700  electronic journal entry must contain all of the following:
  701         (a)The date and time of the notarization.
  702         (b)The type of notarial act.
  703         (c)The type, the title, or a description of the electronic
  704  record or proceeding.
  705         (d)The name and address of each principal involved in the
  706  transaction or proceeding.
  707         (e)Evidence of the identity of each principal involved in
  708  the transaction or proceeding in any of the following forms:
  709         1.A statement that the person is personally known to the
  710  online notary public.
  711         2.A notation of the type of government-issued
  712  identification credential provided to the online notary public.
  713         (f)An indication that the principal satisfactorily passed
  714  the identity proofing.
  715         (g)An indication that the government-issued identification
  716  credential satisfied the credential analysis.
  717         (h)The fee, if any, charged for the notarization.
  718         (2)The online notary public shall retain a copy of the
  719  recording of the audio-video communication in which:
  720         (a)The principal and any witnesses appeared before the
  721  notary public.
  722         (b)The identities of the principal and each witness were
  723  confirmed.
  724         (c)Electronic records were signed by the principal and any
  725  witnesses.
  726         (d)The notarial act was performed.
  727         (3)The online notary public shall take reasonable steps
  728  to:
  729         (a)Ensure the integrity, security, and authenticity of
  730  online notarizations.
  731         (b)Maintain a backup record of the electronic journal
  732  required by subsection (1).
  733         (c)Protect the electronic journal, the backup record, and
  734  any other records received by the online notary public from
  735  unauthorized access or use.
  736         (4)The electronic journal required under subsection (1)
  737  and the recordings of audio-video communications required under
  738  subsection (2) must be maintained for at least 10 years after
  739  the date of the notarial act. However, any records relating to
  740  an online notarization session that involves the signing of an
  741  electronic will must be maintained in accordance with s.
  742  732.524. The Department of State maintains jurisdiction over the
  743  electronic journal and audio-video communication recordings to
  744  investigate notarial misconduct for a period of 10 years after
  745  the date of the notarial act. The online notary public, a
  746  guardian of an incapacitated online notary public, or the
  747  personal representative of a deceased online notary public may,
  748  by contract with a secure repository in accordance with any
  749  rules established under this chapter, delegate to the repository
  750  the online notary public’s duty to retain the electronic journal
  751  and the required recordings of audio-video communications,
  752  provided that the Department of State is notified of such
  753  delegation of retention duties to the repository within 30 days
  754  thereafter, including the address and contact information for
  755  the repository.
  756         (5)An omitted or incomplete entry in the electronic
  757  journal does not impair the validity of the notarial act or the
  758  electronic record that was notarized, but such an entry may be
  759  introduced as evidence to establish violations of this chapter;
  760  as evidence of possible fraud, forgery, impersonation, duress,
  761  incapacity, undue influence, minority, illegality, or
  762  unconscionability; or for other evidentiary purposes.
  763         Section 12. Section 117.255, Florida Statutes, is created
  764  to read:
  765         117.255Use of electronic journal, signature, and seal.—
  766         (1) An online notary public shall:
  767         (a)Take reasonable steps to ensure that any registered
  768  device used to create an electronic signature is current and has
  769  not been revoked or terminated by the issuing or registering
  770  authority of the device.
  771         (b)Keep the electronic journal, electronic signature, and
  772  electronic seal secure and under his or her sole control, which
  773  includes access protection using passwords or codes under
  774  control of the online notary public. The online notary public
  775  may not allow another person to use the online notary public’s
  776  electronic journal, electronic signature, or electronic seal,
  777  other than a RON service provider or other authorized person
  778  providing services to an online notary public to facilitate
  779  performance of online notarizations.
  780         (c)Attach or logically associate the electronic signature
  781  and seal to the electronic notarial certificate of an electronic
  782  record in a manner that is capable of independent verification
  783  using tamper-evident technology that renders any subsequent
  784  change or modification to the electronic record evident.
  785         (d)Notify an appropriate law enforcement agency and the
  786  Department of State of any unauthorized use of or compromise to
  787  the security of the electronic journal, official electronic
  788  signature, or electronic seal within 7 days after discovery of
  789  such unauthorized use or compromise to the security.
  790         (e)Make electronic copies, upon request, of the pertinent
  791  entries in the electronic journal and provide access to the
  792  related audio-video communication recordings to the following
  793  persons:
  794         1.The parties to an electronic record notarized by the
  795  online notary public;
  796         2.The title agent, settlement agent, or title insurer who
  797  insured the electronic record or engaged the online notary
  798  public with regard to a real estate transaction;
  799         3.The online notary public’s RON service provider whose
  800  services were used by the online notary public to notarize the
  801  electronic record;
  802         4.Any person who is asked to accept a power of attorney
  803  that was notarized by the online notary public; and
  804         5.The Department of State pursuant to a notary misconduct
  805  investigation.
  806         (2)The online notary public may charge a fee not to exceed
  807  $20 per transaction record for making and delivering electronic
  808  copies of a given series of related electronic records, except
  809  if requested by:
  810         (a) A party to the transaction record;
  811         (b) In a real estate transaction, the title agent, the
  812  settlement agent, or title insurer who insured the transaction
  813  record or engaged the online notary public with regard to such
  814  transaction; or
  815         (c) The Department of State pursuant to an investigation
  816  relating to the official misconduct of an online notary public.
  817  
  818  If the online notary public does charge a fee, the online notary
  819  public must disclose the amount of such fee to the requester
  820  before making the electronic copies.
  821         Section 13. Section 117.265, Florida Statutes, is created
  822  to read:
  823         117.265Online notarization procedures.—
  824         (1)An online notary public physically located in this
  825  state may perform an online notarization that meets the
  826  requirements of this part regardless of whether the principal or
  827  any witnesses are physically located in this state at the time
  828  of the online notarization. A commissioner of deeds registered
  829  as an online notary public may perform an online notarization
  830  while physically located within or outside of this state in
  831  accordance with the territorial limits of its jurisdiction and
  832  other limitations and requirements otherwise applicable to acts
  833  by commissioners of deeds. An online notarial act performed in
  834  accordance with this chapter is deemed to have been performed
  835  within this state and is governed by the applicable laws of this
  836  state.
  837         (2)In performing an online notarization, an online notary
  838  public, at the time the signature is taken, shall confirm the
  839  identity of a principal and any witness appearing online by
  840  using audio-video communication technology and processes that
  841  meet the requirements of this part and of any rules adopted
  842  hereunder and record the two-way audio-video conference session
  843  between the notary public and the principal and any witnesses. A
  844  principal may not act in the capacity of a witness for his or
  845  her own signature in an online notarization.
  846         (3)In performing an online notarization of a principal not
  847  located within this state, an online notary public must confirm
  848  that the principal desires for the notarial act to be performed
  849  by a Florida notary public and under the general law of this
  850  state.
  851         (4)An online notary public shall confirm the identity of
  852  the principal or any witness by:
  853         (a)Personal knowledge of each such individual; or
  854         (b)All of the following, as such criteria may be modified
  855  or supplemented in rules adopted by the Department of State
  856  pursuant to s. 117.295:
  857         1.Remote presentation of a government-issued
  858  identification credential by each individual.
  859         2.Credential analysis of each government-issued
  860  identification credential.
  861         3.Identity proofing of each individual in the form of
  862  knowledge-based authentication or another method of identity
  863  proofing that conforms to the standards of this chapter.
  864  
  865  If the online notary public is unable to confirm the identity of
  866  the principal or any witness as provided in paragraph (b), or if
  867  the databases consulted for identity proofing do not contain
  868  sufficient information to permit authentication, the online
  869  notary public may not perform the online notarization.
  870         (5)An online notary public may change her or his RON
  871  service provider or providers at any time, but shall notify the
  872  Department of State of such change within 30 days thereafter.
  873         (6)The online notary public, or his or her RON service
  874  provider, shall take reasonable steps to ensure that the audio
  875  video communication technology used in an online notarization is
  876  secure from unauthorized interception.
  877         (7)The electronic notarial certificate for an online
  878  notarization must include a notation that the notarization is an
  879  online notarization which may be satisfied by placing the term
  880  “online notary” in or adjacent to the online notary public’s
  881  seal.
  882         (8)Except where otherwise expressly provided in this part,
  883  part I of this chapter applies to an online notarization and an
  884  online notary public.
  885         (9)Any failure to comply with the online notarization
  886  procedures set forth in this section does not impair the
  887  validity of the notarial act or the electronic record that was
  888  notarized, but may be introduced as evidence to establish
  889  violations of this chapter; as an indication of possible fraud,
  890  forgery, impersonation, duress, incapacity, undue influence,
  891  minority, illegality, or unconscionability; or for other
  892  evidentiary purposes. This subsection may not be construed to
  893  alter the duty of an online notary public to comply with this
  894  chapter and any rules adopted hereunder.
  895         Section 14. Section 117.275, Florida Statutes, is created
  896  to read:
  897         117.275Fees for online notarization.—An online notary
  898  public or the employer of such online notary public may charge a
  899  fee, not to exceed $25, for performing an online notarization
  900  under this part. Fees for services other than notarial acts are
  901  not governed by this section.
  902         Section 15. Section 117.285, Florida Statutes, is created
  903  to read:
  904         117.285Supervising the witnessing of electronic records.
  905  An online notary public may supervise the witnessing of
  906  electronic records by the same audio-video communication
  907  technology used for online notarization, as follows:
  908         (1)The identity of the witness must be verified in the
  909  same manner as the identity of the principal.
  910         (2)The witness may be physically present with the
  911  principal or remote from the principal, provided that the
  912  witness and principal are using audio-video communication
  913  technology.
  914         (3)The act of witnessing an electronic signature means
  915  that the witness is either in the physical presence of the
  916  principal or present through audio-video communication
  917  technology at the time the principal affixes the electronic
  918  signature and hears the principal make a statement to the effect
  919  that the principal has signed the electronic record.
  920         Section 16. Effective upon this act becoming a law, section
  921  117.295, Florida Statutes, is created to read:
  922         117.295Standards for electronic and online notarization;
  923  rulemaking authority.—
  924         (1)For purposes of this part, the Department of State may
  925  adopt rules necessary to implement the requirements of this
  926  chapter and to set standards for online notarization which
  927  include, but are not limited to:
  928         (a)Improvements in technology and methods of assuring the
  929  identity of principals and the security of an electronic record,
  930  including tamper-evident technologies in compliance with the
  931  standards adopted pursuant to s. 117.021, which apply to online
  932  notarizations.
  933         (b)Education requirements for online notaries public and
  934  the required terms of bonds and errors and omissions insurance,
  935  but not including the amounts of such policies.
  936         (c)Identity proofing, credential analysis, unauthorized
  937  interception, remote presentation, audio-video communication
  938  technology, and retention of electronic journals and copies of
  939  audio-video communications recordings in a secure repository.
  940         (2)By January 1, 2020, the Department of State shall adopt
  941  forms, processes, and interim or emergency rules necessary to
  942  accept applications from and register online notaries public
  943  pursuant to s. 117.225.
  944         (3)Until such time as the Department of State adopts rules
  945  setting standards that are equally or more protective, an online
  946  notarization performed by an online notary public of this state
  947  or its RON service provider must:
  948         (a)Use identity proofing by means of knowledge-based
  949  authentication that must have, at a minimum, the following
  950  security characteristics:
  951         1.The principal must be presented with five or more
  952  questions with a minimum of five possible answer choices per
  953  question.
  954         2.Each question must be drawn from a third-party provider
  955  of public and proprietary data sources and be identifiable to
  956  the principal’s social security number or other identification
  957  information, or the principal’s identity and historical events
  958  records.
  959         3.Responses to all questions must be made within a 2
  960  minute time constraint.
  961         4.The principal must answer a minimum of 80 percent of the
  962  questions correctly.
  963         5.The principal may be offered one additional attempt in
  964  the event of a failed attempt.
  965         6.During the second attempt, the principal may not be
  966  presented with more than three questions from the prior attempt.
  967         (b)Use credential analysis that uses one or more
  968  commercially available automated software or hardware processes
  969  that are consistent with sound commercial practices; that aid
  970  the notary public in verifying the authenticity of the
  971  credential by analyzing the integrity of visual, physical, or
  972  cryptographic security features to indicate that the credential
  973  is not fraudulent or inappropriately modified; and that use
  974  information held or published by the issuing source or
  975  authoritative source, as available, to confirm the validity of
  976  credential details. The output of the credential analysis
  977  process must be provided to the online notary public performing
  978  the notarial act.
  979         (c)Use audio-video communication technology in completing
  980  online notarizations which meets the following requirements:
  981         1.The signal transmission must be reasonably secure from
  982  interception, access, or viewing by anyone other than the
  983  participants communicating.
  984         2.The technology must provide sufficient audio clarity and
  985  video resolution to enable the notary public to communicate with
  986  the principal and to confirm the identity of the principal using
  987  identification methods described in s. 117.265.
  988         (4)In addition to any coverage it elects to provide for
  989  individual online notaries public, a RON service provider shall
  990  maintain errors and omissions insurance coverage in a total
  991  amount of at least $250,000 in the annual aggregate with respect
  992  to potential errors or omissions in or relating to the
  993  technology or processes provided by the RON service provider. An
  994  online notary public is not responsible for the security of the
  995  systems used by the principal or others to access the online
  996  notarization session.
  997         (5)A 2-hour in-person or online course addressing the
  998  duties, obligations, and technology requirements for serving as
  999  an online notary public offered by the Florida Land Title
 1000  Association or the Real Property, Probate and Trust Law Section
 1001  of The Florida Bar satisfies the education requirements of s.
 1002  117.225(2).
 1003         (6)The rulemaking required under this section is exempt
 1004  from s. 120.541(3).
 1005         Section 17. Section 117.305, Florida Statutes, is created
 1006  to read:
 1007         117.305Relation to federal law.—This part supersedes the
 1008  Electronic Signatures in Global and National Commerce Act as
 1009  authorized under 15 U.S.C. s. 7001 et seq., but does not modify,
 1010  limit, or supersede s. 101(c) of that act or 15 U.S.C. s.
 1011  7001(c) or authorize the electronic delivery of the notices
 1012  described in 15 U.S.C. s. 7003(b).
 1013         Section 18. Present paragraph (h) of subsection (3) of
 1014  section 28.222, Florida Statutes, is redesignated as paragraph
 1015  (i), and a new paragraph (h) is added to that subsection, to
 1016  read:
 1017         28.222 Clerk to be county recorder.—
 1018         (3) The clerk of the circuit court shall record the
 1019  following kinds of instruments presented to him or her for
 1020  recording, upon payment of the service charges prescribed by
 1021  law:
 1022         (h)Copies of any instruments originally created and
 1023  executed using an electronic signature, as defined in s. 695.27,
 1024  and certified to be a true and correct paper printout by a
 1025  notary public in accordance with chapter 117, if the county
 1026  recorder is not prepared to accept electronic documents for
 1027  recording electronically.
 1028         Section 19. Subsection (25) is added to section 90.803,
 1029  Florida Statutes, to read:
 1030         90.803 Hearsay exceptions; availability of declarant
 1031  immaterial.—The provision of s. 90.802 to the contrary
 1032  notwithstanding, the following are not inadmissible as evidence,
 1033  even though the declarant is available as a witness:
 1034         (25) ELECTRONIC RECORDS OF QUALIFIED CUSTODIANS.—The
 1035  electronic records, including, but not limited to, electronic
 1036  wills and the audio-video recordings of the execution of such
 1037  wills, which are created and stored by a qualified custodian in
 1038  the course of the qualified custodian’s regularly conducted
 1039  business activity as certified or declared by the qualified
 1040  custodian in accordance with s. 90.902(11).
 1041         Section 20. Subsections (1) and (2) of section 92.50,
 1042  Florida Statutes, are amended to read:
 1043         92.50 Oaths, affidavits, and acknowledgments; who may take
 1044  or administer; requirements.—
 1045         (1) IN THIS STATE.—Oaths, affidavits, and acknowledgments
 1046  required or authorized under the laws of this state, (except
 1047  oaths to jurors and witnesses in court and such other oaths,
 1048  affidavits and acknowledgments as are required by law to be
 1049  taken or administered by or before particular officers,) may be
 1050  taken or administered by or before any judge, clerk, or deputy
 1051  clerk of any court of record within this state, including
 1052  federal courts, or by or before any United States commissioner
 1053  or any notary public within this state. The jurat, or
 1054  certificate of proof or acknowledgment, shall be authenticated
 1055  by the signature and official seal of such officer or person
 1056  taking or administering the same; however, when taken or
 1057  administered by or before any judge, clerk, or deputy clerk of a
 1058  court of record, the seal of such court may be affixed as the
 1059  seal of such officer or person.
 1060         (2) IN OTHER STATES, TERRITORIES, AND DISTRICTS OF THE
 1061  UNITED STATES.—Oaths, affidavits, and acknowledgments required
 1062  or authorized under the laws of this state, may be taken or
 1063  administered in any other state, territory, or district of the
 1064  United States, by or before any judge, clerk or deputy clerk of
 1065  any court of record, within such state, territory, or district,
 1066  having a seal, or by or before any notary public or justice of
 1067  the peace, having a seal, in such state, territory, or district;
 1068  provided, however, such officer or person is authorized under
 1069  the laws of such state, territory, or district to take or
 1070  administer oaths, affidavits and acknowledgments. The jurat, or
 1071  certificate of proof or acknowledgment, shall be authenticated
 1072  by the signature and official seal of such officer or person
 1073  taking or administering the same; provided, however, when taken
 1074  or administered by or before any judge, clerk, or deputy clerk
 1075  of a court of record, the seal of such court may be affixed as
 1076  the seal of such officer or person.
 1077         Section 21. Subsection (1) of section 95.231, Florida
 1078  Statutes, is amended to read:
 1079         95.231 Limitations where deed or will on record.—
 1080         (1) Five years after the recording of an instrument
 1081  required to be executed in accordance with s. 689.01; 5 years
 1082  after the recording of a power of attorney accompanying and used
 1083  for an instrument required to be executed in accordance with s.
 1084  689.01; or 5 years after the probate of a will purporting to
 1085  convey real property, from which it appears that the person
 1086  owning the property attempted to convey, affect, or devise it,
 1087  the instrument, power of attorney, or will shall be held to have
 1088  its purported effect to convey, affect, or devise, the title to
 1089  the real property of the person signing the instrument, as if
 1090  there had been no lack of seal or seals, witness or witnesses,
 1091  defect in, failure of, or absence of acknowledgment or
 1092  relinquishment of dower, in the absence of fraud, adverse
 1093  possession, or pending litigation. The instrument is admissible
 1094  in evidence. A power of attorney validated under this subsection
 1095  shall be valid only for the purpose of effectuating the
 1096  instrument with which it was recorded.
 1097         Section 22. Section 689.01, Florida Statutes, is amended to
 1098  read:
 1099         689.01 How real estate conveyed.—
 1100         (1) No estate or interest of freehold, or for a term of
 1101  more than 1 year, or any uncertain interest of, in or out of any
 1102  messuages, lands, tenements or hereditaments shall be created,
 1103  made, granted, transferred or released in any other manner than
 1104  by instrument in writing, signed in the presence of two
 1105  subscribing witnesses by the party creating, making, granting,
 1106  conveying, transferring or releasing such estate, interest, or
 1107  term of more than 1 year, or by the party’s lawfully authorized
 1108  agent, unless by will and testament, or other testamentary
 1109  appointment, duly made according to law; and no estate or
 1110  interest, either of freehold, or of term of more than 1 year, or
 1111  any uncertain interest of, in, to, or out of any messuages,
 1112  lands, tenements or hereditaments, shall be assigned or
 1113  surrendered unless it be by instrument signed in the presence of
 1114  two subscribing witnesses by the party so assigning or
 1115  surrendering, or by the party’s lawfully authorized agent, or by
 1116  the act and operation of law. No seal shall be necessary to give
 1117  validity to any instrument executed in conformity with this
 1118  section. Corporations may execute any and all conveyances in
 1119  accordance with the provisions of this section or ss. 692.01 and
 1120  692.02.
 1121         (2)For purposes of this chapter:
 1122         (a)Any requirement that an instrument be signed in the
 1123  presence of two subscribing witnesses may be satisfied by the
 1124  witnesses being present and electronically signing the
 1125  instrument by means of audio-video communication technology, as
 1126  defined in s. 117.201.
 1127         (b)The act of witnessing an electronic signature is
 1128  satisfied if a witness is present either in the physical
 1129  presence of the principal or present through audio-video
 1130  communication technology at the time the principal affixes his
 1131  or her electronic signature and hears the principal make a
 1132  statement acknowledging that the principal has signed the
 1133  electronic record.
 1134         (3)All acts of witnessing heretofore made or taken
 1135  pursuant to subsection (2) are validated and, upon recording,
 1136  may not be denied to have provided constructive notice based on
 1137  any alleged failure to have strictly complied with this section,
 1138  as currently or previously in effect, or the laws governing
 1139  notarization of instruments, including online notarization. This
 1140  subsection does not preclude a challenge to the validity or
 1141  enforceability of an instrument or electronic record based upon
 1142  fraud, forgery, impersonation, duress, incapacity, undue
 1143  influence, minority, illegality, or unconscionability, or on any
 1144  other basis not related to the act of witnessing.
 1145         Section 23. Section 694.08, Florida Statutes, is amended to
 1146  read:
 1147         694.08 Certain instruments validated, notwithstanding lack
 1148  of seals or witnesses, or defect in acknowledgment, etc.—
 1149         (1) Whenever any power of attorney has been executed and
 1150  delivered, or any conveyance has been executed and delivered to
 1151  any grantee by the person owning the land therein described, or
 1152  conveying the same in an official or representative capacity,
 1153  and has, for a period of 7 years or more been spread upon the
 1154  records of the county wherein the land therein described has
 1155  been or was at the time situated, and one or more subsequent
 1156  conveyances of said land or parts thereof have been made,
 1157  executed, delivered and recorded by parties claiming under such
 1158  instrument or instruments, and such power of attorney or
 1159  conveyance, or the public record thereof, shows upon its face a
 1160  clear purpose and intent of the person executing the same to
 1161  authorize the conveyance of said land or to convey the said
 1162  land, the same shall be taken and held by all the courts of this
 1163  state, in the absence of any showing of fraud, adverse
 1164  possession, or pending litigation, to have authorized the
 1165  conveyance of, or to have conveyed, the fee simple title, or any
 1166  interest therein, of the person signing such instruments, or the
 1167  person in behalf of whom the same was conveyed by a person in an
 1168  official or representative capacity, to the land therein
 1169  described as effectively as if there had been no defect in,
 1170  failure of, or absence of the acknowledgment or the certificate
 1171  of acknowledgment, if acknowledged, or the relinquishment of
 1172  dower, and as if there had been no lack of the word “as”
 1173  preceding the title of the person conveying in an official or
 1174  representative capacity, of any seal or seals, or of any witness
 1175  or witnesses, and shall likewise be taken and held by all the
 1176  courts of this state to have been duly recorded so as to be
 1177  admissible in evidence;
 1178         (2) Provided, however, that this section shall not apply to
 1179  any conveyance the validity of which shall be contested or have
 1180  been contested by suit commenced heretofore or within 1 year of
 1181  the effective date of this law.
 1182         Section 24. Section 695.03, Florida Statutes, is amended to
 1183  read:
 1184         695.03 Acknowledgment and proof; validation of certain
 1185  acknowledgments; legalization or authentication before foreign
 1186  officials.—To entitle any instrument concerning real property to
 1187  be recorded, the execution must be acknowledged by the party
 1188  executing it, proved by a subscribing witness to it, or
 1189  legalized or authenticated in one of the following forms by a
 1190  civil-law notary or notary public who affixes her or his
 1191  official seal, before the officers and in the form and manner
 1192  following:
 1193         (1) WITHIN THIS STATE.—An acknowledgment or a proof may be
 1194  taken or administered made within this state by or may be made
 1195  before a judge, clerk, or deputy clerk of any court; a United
 1196  States commissioner or magistrate; or any a notary public or
 1197  civil-law notary of this state, and the certificate of
 1198  acknowledgment or proof must be under the seal of the court or
 1199  officer, as the case may be. All affidavits and acknowledgments
 1200  heretofore made or taken in this manner are hereby validated.
 1201         (2) OUTSIDE WITHOUT THIS STATE BUT WITHIN THE UNITED
 1202  STATES.—An acknowledgment or a proof taken, administered, or
 1203  made outside out of this state but within the United States may
 1204  be taken, administered, or made by or before a civil-law notary
 1205  of this state or a commissioner of deeds appointed by the
 1206  Governor of this state; a judge or clerk of any court of the
 1207  United States or of any state, territory, or district; by or
 1208  before a United States commissioner or magistrate; or by or
 1209  before any a notary public, justice of the peace, master in
 1210  chancery, or registrar or recorder of deeds of any state,
 1211  territory, or district having a seal, and the certificate of
 1212  acknowledgment or proof must be under the seal of the court or
 1213  officer, as the case may be. If the acknowledgment or proof is
 1214  taken, administered, or made by or before a notary public who
 1215  does not affix a seal, it is sufficient for the notary public to
 1216  type, print, or write by hand on the instrument, “I am a Notary
 1217  Public of the State of ...(state)..., and my commission expires
 1218  on ...(date)....”
 1219         (3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN
 1220  COUNTRIES.—An If the acknowledgment, an affidavit, an oath, a
 1221  legalization, an authentication, or a proof taken, administered,
 1222  or made outside the United States or is made in a foreign
 1223  country, it may be taken, administered, or made by or before a
 1224  commissioner of deeds appointed by the Governor of this state to
 1225  act in such country; before a notary public of such foreign
 1226  country or a civil-law notary of this state or of such foreign
 1227  country who has an official seal; before an ambassador, envoy
 1228  extraordinary, minister plenipotentiary, minister, commissioner,
 1229  charge d’affaires, consul general, consul, vice consul, consular
 1230  agent, or other diplomatic or consular officer of the United
 1231  States appointed to reside in such country; or before a military
 1232  or naval officer authorized by 10 U.S.C. s. 1044a the Laws or
 1233  Articles of War of the United States to perform the duties of
 1234  notary public, and the certificate of acknowledgment,
 1235  legalization, authentication, or proof must be under the seal of
 1236  the officer. A certificate legalizing or authenticating the
 1237  signature of a person executing an instrument concerning real
 1238  property and to which a civil-law notary or notary public of
 1239  that country has affixed her or his official seal is sufficient
 1240  as an acknowledgment. For the purposes of this section, the term
 1241  “civil-law notary” means a civil-law notary as defined in
 1242  chapter 118 or an official of a foreign country who has an
 1243  official seal and who is authorized to make legal or lawful the
 1244  execution of any document in that jurisdiction, in which
 1245  jurisdiction the affixing of her or his official seal is deemed
 1246  proof of the execution of the document or deed in full
 1247  compliance with the laws of that jurisdiction.
 1248         (4)COMPLIANCE AND VALIDATION.—The affixing of the official
 1249  seal or the electronic equivalent thereof under s. 117.021 or
 1250  other applicable law, including part II of chapter 117,
 1251  conclusively establishes that the acknowledgement or proof was
 1252  taken, administered, or made in full compliance with the laws of
 1253  this state or, as applicable, the laws of the other state or of
 1254  the foreign country governing notarial acts. All affidavits,
 1255  oaths, acknowledgments, legalizations, authentications, or
 1256  proofs taken, administered, or made in any manner as set forth
 1257  in subsections (1), (2), and (3) are validated and upon
 1258  recording may not be denied to have provided constructive notice
 1259  based on any alleged failure to have strictly complied with this
 1260  section, as currently or previously in effect, or the laws
 1261  governing notarization of instruments. This subsection does not
 1262  preclude a challenge to the validity or enforceability of an
 1263  instrument or electronic record based upon fraud, forgery,
 1264  impersonation, duress, incapacity, undue influence, minority,
 1265  illegality, unconscionability, or any other basis not related to
 1266  the notarial act or constructive notice provided by recording.
 1267  
 1268  All affidavits, legalizations, authentications, and
 1269  acknowledgments heretofore made or taken in the manner set forth
 1270  above are hereby validated.
 1271         Section 25. Section 695.04, Florida Statutes, is amended to
 1272  read:
 1273         695.04 Requirements of certificate.—The certificate of the
 1274  officer before whom the acknowledgment or proof is taken, except
 1275  for a certificate legalizing or authenticating the signature of
 1276  a person executing an instrument concerning real property
 1277  pursuant to s. 695.03(3), shall contain and set forth
 1278  substantially the matter required to be done or proved to make
 1279  such acknowledgment or proof effectual as set forth in s.
 1280  117.05.
 1281         Section 26. Section 695.25, Florida Statutes, is amended to
 1282  read:
 1283         695.25 Short form of acknowledgment.—The forms of
 1284  acknowledgment set forth in this section may be used, and are
 1285  sufficient for their respective purposes, under any law of this
 1286  state. The forms shall be known as “Statutory Short Forms of
 1287  Acknowledgment” and may be referred to by that name. The
 1288  authorization of the forms in this section does not preclude the
 1289  use of other forms.
 1290         (1) For an individual acting in his or her own right:
 1291  
 1292  STATE OF ....
 1293  COUNTY OF ....
 1294         The foregoing instrument was acknowledged before me by
 1295  means of [] physical presence or [] online notarization, this
 1296  ...(date)... by ...(name of person acknowledging)..., who is
 1297  personally known to me or who has produced ...(type of
 1298  identification)... as identification.
 1299  
 1300  ...(Signature of person taking acknowledgment)...
 1301  ...(Name typed, printed or stamped)...
 1302  ...(Title or rank)...
 1303  ...(Serial number, if any)...
 1304  
 1305         (2) For a corporation:
 1306  
 1307  STATE OF ....
 1308  COUNTY OF ....
 1309         The foregoing instrument was acknowledged before me by
 1310  means of [] physical presence or [] online notarization, this
 1311  ...(date)... by ...(name of officer or agent, title of officer
 1312  or agent)... of ...(name of corporation acknowledging)..., a
 1313  ...(state or place of incorporation)... corporation, on behalf
 1314  of the corporation. He/she is personally known to me or has
 1315  produced ...(type of identification)... as identification.
 1316  
 1317  ...(Signature of person taking acknowledgment)...
 1318  ...(Name typed, printed or stamped)...
 1319  ...(Title or rank)...
 1320  ...(Serial number, if any)...
 1321  
 1322         (3)For a limited liability company:
 1323  STATE OF ....
 1324  COUNTY OF ....
 1325         The foregoing instrument was acknowledged before me by
 1326  means of [] physical presence or [] online notarization, this
 1327  ...(date)... by ...(name of member, manager, officer or agent,
 1328  title of member, manager, officer or agent)... of ...(name of
 1329  company acknowledging)..., a ...(state or place of formation)...
 1330  limited liability company, on behalf of the company, who is
 1331  personally known to me or has produced ...(type of
 1332  identification)... as identification.
 1333  
 1334  ...(Signature of person taking acknowledgment)...
 1335  ...(Name typed, printed or stamped)...
 1336  ...(Title or rank)...
 1337  ...(Serial number, if any)...
 1338         (4)(3) For a partnership:
 1339  
 1340  STATE OF ....
 1341  COUNTY OF ....
 1342         The foregoing instrument was acknowledged before me by
 1343  means of [] physical presence or [] online notarization, this
 1344  ...(date)... by ...(name of acknowledging partner or agent)...,
 1345  partner (or agent) on behalf of ...(name of partnership)..., a
 1346  partnership. He/she is personally known to me or has produced
 1347  ...(type of identification)... as identification.
 1348  
 1349  ...(Signature of person taking acknowledgment)...
 1350  ...(Name typed, printed or stamped)...
 1351  ...(Title or rank)...
 1352  ...(Serial number, if any)...
 1353         (5)(4) For an individual acting as principal by an attorney
 1354  in fact:
 1355  
 1356  STATE OF ....
 1357  COUNTY OF ....
 1358         The foregoing instrument was acknowledged before me by
 1359  means of [] physical presence or [] online notarization, this
 1360  ...(date)... by ...(name of attorney in fact)... as attorney in
 1361  fact, who is personally known to me or who has produced ...(type
 1362  of identification)... as identification on behalf of ...(name of
 1363  principal)....
 1364  
 1365  ...(Signature of person taking acknowledgment)...
 1366  ...(Name typed, printed or stamped)...
 1367  ...(Title or rank)...
 1368  ...(Serial number, if any)...
 1369  
 1370         (6)(5) By any public officer, trustee, or personal
 1371  representative:
 1372  
 1373  STATE OF ....
 1374  COUNTY OF ....
 1375         The foregoing instrument was acknowledged before me by
 1376  means of [] physical presence or [] online notarization, this
 1377  ...(date)... by ...(name and title of position)..., who is
 1378  personally known to me or who has produced ...(type of
 1379  identification)... as identification.
 1380  
 1381  ...(Signature of person taking acknowledgment)...
 1382  ...(Name typed, printed or stamped)...
 1383  ...(Title or rank)...
 1384  ...(Serial number, if any)....
 1385         Section 27. Section 695.28, Florida Statutes, is amended to
 1386  read:
 1387         695.28 Validity of recorded electronic documents.—
 1388         (1) A document that is otherwise entitled to be recorded
 1389  and that was or is submitted to the clerk of the court or county
 1390  recorder by electronic or other means and accepted for
 1391  recordation is deemed validly recorded and provides notice to
 1392  all persons notwithstanding:
 1393         (a) That the document was received and accepted for
 1394  recordation before the Department of State adopted standards
 1395  implementing s. 695.27; or
 1396         (b) Any defects in, deviations from, or the inability to
 1397  demonstrate strict compliance with any statute, rule, or
 1398  procedure relating to electronic signatures, electronic
 1399  witnesses, electronic notarization, or online notarization, or
 1400  for submitting or recording to submit or record an electronic
 1401  document in effect at the time the electronic document was
 1402  executed or was submitted for recording;
 1403         (c)That the document was signed, witnessed, or notarized
 1404  electronically, and that the document was notarized by an online
 1405  notary public outside the physical presence of the signer
 1406  through audio-video communication technology, as defined in s.
 1407  117.201, or that witnessing may have been done outside the
 1408  physical presence of the notary public or principal through such
 1409  audio-visual communication technology; or
 1410         (d)That the document recorded was a certified printout of
 1411  a document to which one or more electronic signatures have been
 1412  affixed.
 1413         (2) This section does not alter the duty of the clerk or
 1414  recorder to comply with s. 28.222, s. 695.27, or any rules
 1415  adopted pursuant to those sections that section.
 1416         (3)This section does not preclude a challenge to the
 1417  validity or enforceability of an instrument or electronic record
 1418  based upon fraud, forgery, impersonation, duress, incapacity,
 1419  undue influence, minority, illegality, unconscionability, or any
 1420  other basis not in the nature of those matters described in
 1421  subsection (1).
 1422         Section 28. Subsections (3) and (4) of section 709.2119,
 1423  Florida Statutes, are amended to read:
 1424         709.2119 Acceptance of and reliance upon power of
 1425  attorney.—
 1426         (3) A third person who is asked to accept a power of
 1427  attorney that appears to be executed in accordance with s.
 1428  709.2105 may in good faith request, and rely upon, without
 1429  further investigation:
 1430         (a) A certified English translation of the power of
 1431  attorney if the power of attorney contains, in whole or in part,
 1432  language other than English;
 1433         (b) An opinion of counsel as to any matter of law
 1434  concerning the power of attorney if the third person making the
 1435  request provides in a writing or other record the reason for the
 1436  request; or
 1437         (c) The affidavit described in subsection (2); or.
 1438         (d)The electronic journal or record made by the notary
 1439  public pursuant to the laws of the state in which the notary
 1440  public is appointed if the power of attorney is witnessed or
 1441  notarized remotely through the use of online witnesses or
 1442  notarization.
 1443         (4) An English translation, or an opinion of counsel, or an
 1444  electronic journal or record requested under this section must
 1445  be provided at the principal’s expense unless the request is
 1446  made after the time specified in s. 709.2120(1) for acceptance
 1447  or rejection of the power of attorney.
 1448         Section 29. Subsection (4) of section 709.2120, Florida
 1449  Statutes, is amended to read:
 1450         709.2120 Rejecting power of attorney.—
 1451         (4) A third person is not required to accept a power of
 1452  attorney if:
 1453         (a) The third person is not otherwise required to engage in
 1454  a transaction with the principal in the same circumstances;
 1455         (b) The third person has knowledge of the termination or
 1456  suspension of the agent’s authority or of the power of attorney
 1457  before exercising the power;
 1458         (c) A timely request by the third person for an affidavit,
 1459  English translation, or opinion of counsel, or electronic
 1460  journal or record under s. 709.2119 s. 709.2119(4) is refused by
 1461  the agent;
 1462         (d)The power of attorney is witnessed or notarized
 1463  remotely through the use of online witnesses or notarization,
 1464  and either the agent is unable to produce the electronic journal
 1465  or record, or the notary public did not maintain an electronic
 1466  journal or record of the notarization;
 1467         (e)(d) Except as provided in paragraph (b), the third
 1468  person believes in good faith that the power is not valid or
 1469  that the agent does not have authority to perform the act
 1470  requested; or
 1471         (f)(e) The third person makes, or has knowledge that
 1472  another person has made, a report to the local adult protective
 1473  services office stating a good faith belief that the principal
 1474  may be subject to physical or financial abuse, neglect,
 1475  exploitation, or abandonment by the agent or a person acting for
 1476  or with the agent.
 1477         Section 30. Present subsection (6) of section 709.2202,
 1478  Florida Statutes, is renumbered as subsection (7), and a new
 1479  subsection (6) is added to that section, to read:
 1480         709.2202 Authority that requires separate signed
 1481  enumeration.—
 1482         (6)Notwithstanding subsection (1) and s. 709.2106(3), a
 1483  power of attorney executed by a principal domiciled in this
 1484  state at the time of execution which is witnessed remotely
 1485  pursuant to s. 117.285 or other applicable law by a witness who
 1486  is not in the physical presence of the principal, or which is
 1487  notarized in an online notarization, is not effective to grant
 1488  authority to an agent to take any of the actions enumerated in
 1489  subsection (1), unless the principal provides, to the
 1490  satisfaction of the online notary public during the online
 1491  notarization, verbal answers to all of the following questions:
 1492         (a)Are you 18 years of age or older?
 1493         (b)Are you of sound mind?
 1494         (c)Are you signing this power of attorney voluntarily?
 1495         (d)Are you under the influence of any drugs or alcohol
 1496  that impairs your ability to make decisions?
 1497         (e)Has anyone forced or influenced you to include anything
 1498  in this power of attorney which you do not wish to include?
 1499         (f)Did anyone assist you in accessing this video
 1500  conference? If so, who?
 1501         (g)Where are you? Name everyone you know in the room with
 1502  you.
 1503         Section 31. Subsection (40) of section 731.201, Florida
 1504  Statutes, is amended to read:
 1505         731.201 General definitions.—Subject to additional
 1506  definitions in subsequent chapters that are applicable to
 1507  specific chapters or parts, and unless the context otherwise
 1508  requires, in this code, in s. 409.9101, and in chapters 736,
 1509  738, 739, and 744, the term:
 1510         (40) “Will” means an instrument, including a codicil,
 1511  executed by a person in the manner prescribed by this code,
 1512  which disposes of the person’s property on or after his or her
 1513  death and includes an instrument which merely appoints a
 1514  personal representative or revokes or revises another will. The
 1515  term includes an electronic will as defined in s. 732.521.
 1516         Section 32. Section 732.506, Florida Statutes, is amended
 1517  to read:
 1518         732.506 Revocation by act.—A will or codicil, other than an
 1519  electronic will, is revoked by the testator, or some other
 1520  person in the testator’s presence and at the testator’s
 1521  direction, by burning, tearing, canceling, defacing,
 1522  obliterating, or destroying it with the intent, and for the
 1523  purpose, of revocation. An electronic will or codicil is revoked
 1524  by the testator, or some other person in the testator’s presence
 1525  and at the testator’s direction, by deleting, canceling,
 1526  rendering unreadable, or obliterating the electronic will or
 1527  codicil with the intent, and for the purpose, of revocation, as
 1528  proved by clear and convincing evidence.
 1529         Section 33. Section 732.521, Florida Statutes, is created
 1530  to read:
 1531         732.521Definitions.—As used in ss. 732.521-732.525, the
 1532  term:
 1533         (1)“Audio-video communication technology” has the same
 1534  meaning as provided in s. 117.201.
 1535         (2)“Electronic signature” means an electronic mark visibly
 1536  manifested in a record as a signature and executed or adopted by
 1537  a person with the intent to sign the record.
 1538         (3)“Electronic will” means an instrument, including a
 1539  codicil, executed with an electronic signature by a person in
 1540  the manner prescribed by this code, which disposes of the
 1541  person’s property on or after his or her death and includes an
 1542  instrument that merely appoints a personal representative or
 1543  revokes or revises another will.
 1544         (4)“Online notarization” has the same meaning as provided
 1545  in s. 117.201.
 1546         (5)“Online notary public” has the same meaning as provided
 1547  in s. 117.201.
 1548         (6)“Qualified custodian” means a person who meets the
 1549  requirements of s. 732.524(1).
 1550         Section 34. Effective July 1, 2020, section 732.522,
 1551  Florida Statutes, is created to read:
 1552         732.522Method and place of execution.—For purposes of the
 1553  execution or filing of an electronic will, the acknowledgment of
 1554  an electronic will by the testator and the affidavits of
 1555  witnesses under s. 732.503, or any other instrument under the
 1556  Florida Probate Code:
 1557         (1)Any requirement that an instrument be signed may be
 1558  satisfied by an electronic signature.
 1559         (2)Any requirement that individuals sign an instrument in
 1560  the presence of one another may be satisfied by witnesses being
 1561  present and electronically signing by means of audio-video
 1562  communication technology that meets the requirements of part II
 1563  of chapter 117 and any rules adopted thereunder, if:
 1564         (a)The individuals are supervised by a notary public in
 1565  accordance with s. 117.285;
 1566         (b)The individuals are authenticated and signing as part
 1567  of an online notarization session in accordance with s. 117.265;
 1568         (c)The witness hears the signer make a statement
 1569  acknowledging that the signer has signed the electronic record;
 1570  and
 1571         (d)In the case of an electronic will, the testator
 1572  provides, to the satisfaction of the online notary public during
 1573  the online notarization, verbal answers to all of the following
 1574  questions:
 1575         1.Are you 18 years of age or older?
 1576         2.Are you of sound mind?
 1577         3.Are you signing this will voluntarily?
 1578         4.Are you under the influence of any drugs or alcohol that
 1579  impairs your ability to make decisions?
 1580         5.Has anyone forced or influenced you to include anything
 1581  in this will which you do not wish to include?
 1582         6.Did anyone assist you in accessing this video
 1583  conference? If so, who?
 1584         7.Where are you? Name everyone you know in the room with
 1585  you.
 1586         (3)The execution of an electronic will of a testator who
 1587  is a vulnerable adult, as defined in s. 415.102, may not be
 1588  witnessed by means of audio-video communication technology. The
 1589  contestant of the electronic will has the burden of proving that
 1590  the testator was a vulnerable adult at the time of executing the
 1591  electronic will.
 1592         (4)Except as otherwise provided in this part, all
 1593  questions as to the force, effect, validity, and interpretation
 1594  of an electronic will which comply with this section must be
 1595  determined in the same manner as in the case of a will executed
 1596  in accordance with s. 732.502.
 1597         (5)An instrument that is signed electronically is deemed
 1598  to be executed in this state if the instrument states that the
 1599  person creating the instrument intends to execute and
 1600  understands that he or she is executing the instrument in, and
 1601  pursuant to the laws of, this state.
 1602         Section 35. Section 732.523, Florida Statutes, is created
 1603  to read:
 1604         732.523Self-proof of electronic will.—An electronic will
 1605  is self-proved if:
 1606         (1)The acknowledgment of the electronic will by the
 1607  testator and the affidavits of the witnesses are made in
 1608  accordance with s. 732.503 and are part of the electronic record
 1609  containing the electronic will, or are attached to, or are
 1610  logically associated with the electronic will;
 1611         (2)The electronic will designates a qualified custodian;
 1612         (3)The electronic record that contains the electronic will
 1613  is held in the custody of a qualified custodian at all times
 1614  before being offered to the court for probate; and
 1615         (4)The qualified custodian who has custody of the
 1616  electronic will at the time of the testator’s death certifies
 1617  under oath that, to the best knowledge of the qualified
 1618  custodian, the electronic record that contains the electronic
 1619  will was at all times before being offered to the court in the
 1620  custody of a qualified custodian in compliance with s. 732.524
 1621  and that the electronic will has not been altered in any way
 1622  since the date of its execution.
 1623         Section 36. Section 732.524, Florida Statutes, is created
 1624  to read:
 1625         732.524Qualified custodians.—
 1626         (1)To serve as a qualified custodian of an electronic
 1627  will, a person must:
 1628         (a)Be domiciled in and a resident of this state or be
 1629  incorporated or organized in this state;
 1630         (b)In the course of maintaining custody of electronic
 1631  wills, regularly employ a secure system and store in such secure
 1632  system electronic records containing:
 1633         1.Electronic wills;
 1634         2.Records attached to or logically associated with
 1635  electronic wills; and
 1636         3.Acknowledgements of the electronic wills by testators,
 1637  affidavits of the witnesses, and the records described in s.
 1638  117.245(1) and (2) which pertain to the online notarization; and
 1639         (c)Furnish for any court hearing involving an electronic
 1640  will that is currently or was previously stored by the qualified
 1641  custodian any information requested by the court pertaining to
 1642  the qualified custodian’s qualifications, policies, and
 1643  practices related to the creation, sending, communication,
 1644  receipt, maintenance, storage, and production of electronic
 1645  wills.
 1646         (2)The qualified custodian of an electronic will shall
 1647  provide access to or information concerning the electronic will,
 1648  or the electronic record containing the electronic will, only:
 1649         (a)To the testator;
 1650         (b)To persons authorized by the testator in the electronic
 1651  will or in written instructions signed by the testator with the
 1652  formalities required for the execution of a will in this state;
 1653         (c)After the death of the testator, to the testator’s
 1654  nominated personal representative; or
 1655         (d)At any time, as directed by a court of competent
 1656  jurisdiction.
 1657         (3)The qualified custodian of the electronic record of an
 1658  electronic will may elect to destroy such record, including any
 1659  of the documentation required to be created and stored under
 1660  paragraph (1)(d), at any time after the earlier of the fifth
 1661  anniversary of the conclusion of the administration of the
 1662  estate of the testator or 20 years after the death of the
 1663  testator.
 1664         (4)A qualified custodian who at any time maintains custody
 1665  of the electronic record of an electronic will may elect to
 1666  cease serving in such capacity by:
 1667         (a)Delivering the electronic will or the electronic record
 1668  containing the electronic will to the testator, if then living,
 1669  or, after the death of the testator, by filing the will with the
 1670  court in accordance with s. 732.901; and
 1671         (b)If the outgoing qualified custodian intends to
 1672  designate a successor qualified custodian, by doing the
 1673  following:
 1674         1.Providing written notice to the testator of the name,
 1675  address, and qualifications of the proposed successor qualified
 1676  custodian. The testator must provide written consent before the
 1677  electronic record, including the electronic will, is delivered
 1678  to a successor qualified custodian;
 1679         2.Delivering the electronic record containing the
 1680  electronic will to the successor qualified custodian; and
 1681         3.Delivering to the successor qualified custodian an
 1682  affidavit of the outgoing qualified custodian stating that:
 1683         a.The outgoing qualified custodian is eligible to act as a
 1684  qualified custodian in this state;
 1685         b.The outgoing qualified custodian is the qualified
 1686  custodian designated by the testator in the electronic will or
 1687  appointed to act in such capacity under this paragraph;
 1688         c.The electronic will has at all times been in the custody
 1689  of one or more qualified custodians in compliance with this
 1690  section since the time the electronic record was created, and
 1691  identifying such qualified custodians; and
 1692         d.To the best of the outgoing qualified custodian’s
 1693  knowledge, the electronic will has not been altered since the
 1694  time it was created.
 1695  
 1696  For purposes of making this affidavit, the outgoing qualified
 1697  custodian may rely conclusively on any affidavits delivered by a
 1698  predecessor qualified custodian in connection with its
 1699  designation or appointment as qualified custodian; however, all
 1700  such affidavits must be delivered to the successor qualified
 1701  custodian.
 1702         (5)Upon the request of the testator which is made in a
 1703  writing signed with the formalities required for the execution
 1704  of a will in this state, a qualified custodian who at any time
 1705  maintains custody of the electronic record of the testator’s
 1706  electronic will must cease serving in such capacity and must
 1707  deliver to a successor qualified custodian designated in writing
 1708  by the testator the electronic record containing the electronic
 1709  will and the affidavit required in subparagraph (4)(b)3.
 1710         (6)A qualified custodian may not succeed to office as a
 1711  qualified custodian of an electronic will unless he or she
 1712  agrees in writing to serve in such capacity.
 1713         (7)If a qualified custodian is an entity, an affidavit, or
 1714  an appearance by the testator in the presence of a duly
 1715  authorized officer or agent of such entity, acting in his or her
 1716  own capacity as such, shall constitute an affidavit, or an
 1717  appearance by the testator in the presence of the qualified
 1718  custodian.
 1719         (8)A qualified custodian must provide a paper copy of an
 1720  electronic will and the electronic record containing the
 1721  electronic will to the testator immediately upon request. For
 1722  the first request, the testator may not be charged a fee for
 1723  being provided with these documents.
 1724         (9)The qualified custodian shall be liable for any damages
 1725  caused by the negligent loss or destruction of the electronic
 1726  record, including the electronic will, while it is in the
 1727  possession of the qualified custodian. A qualified custodian may
 1728  not limit liability for such damages.
 1729         (10)A qualified custodian may not terminate or suspend
 1730  access to, or downloads of, the electronic will by the testator,
 1731  provided that a qualified custodian may charge a fee for
 1732  providing such access and downloads.
 1733         (11)Upon receiving information that the testator is dead,
 1734  a qualified custodian must deposit the electronic will with the
 1735  court in accordance with s. 732.901. A qualified custodian may
 1736  not charge a fee for depositing the electronic will with the
 1737  clerk, providing the affidavit is made in accordance with s.
 1738  732.503, or furnishing in writing any information requested by a
 1739  court under paragraph (1)(d).
 1740         (12)Except as provided in this act, a qualified custodian
 1741  must at all times keep information provided by the testator
 1742  confidential and may not disclose such information to any third
 1743  party.
 1744         (13)A contractual venue provision between a qualified
 1745  custodian and a testator is not valid or enforceable to the
 1746  extent that it requires a specific jurisdiction or venue for any
 1747  proceeding relating to the probate of an estate or the contest
 1748  of a will.
 1749         Section 37. Section 732.525, Florida Statutes, is created
 1750  to read:
 1751         732.525Liability coverage; receivership of qualified
 1752  custodians.—
 1753         (1)A qualified custodian shall:
 1754         (a)Post and maintain a blanket surety bond of at least
 1755  $250,000 to secure the faithful performance of all duties and
 1756  obligations required under this part. The bond must be made
 1757  payable to the Governor and his or her successors in office for
 1758  the benefit of all persons who store electronic records with a
 1759  qualified custodian and their estates, beneficiaries,
 1760  successors, and heirs, and be conditioned on the faithful
 1761  performance of all duties and obligations under this chapter.
 1762  The terms of the bond must cover the acts or omissions of the
 1763  qualified custodian and each agent or employee of the qualified
 1764  custodian; or
 1765         (b)Maintain a liability insurance policy that covers any
 1766  losses sustained by any person who stores electronic records
 1767  with a qualified custodian and their estates, beneficiaries,
 1768  successors, and heirs which are caused by errors or omissions by
 1769  the qualified custodian and each agent or employee of the
 1770  qualified custodian. The policy must cover losses of at least
 1771  $250,000 in the aggregate.
 1772         (2)The Attorney General may petition a court of competent
 1773  jurisdiction for the appointment of a receiver to manage the
 1774  electronic records of a qualified custodian for proper delivery
 1775  and safekeeping if any of the following conditions exists:
 1776         (a)The qualified custodian is ceasing operation;
 1777         (b)The qualified custodian intends to close the facility
 1778  and adequate arrangements have not been made for proper delivery
 1779  of the electronic records in accordance with this part;
 1780         (c)The Attorney General determines that conditions exist
 1781  which present a danger that electronic records will be lost or
 1782  misappropriated; or
 1783         (d)The qualified custodian fails to maintain and post a
 1784  surety bond or maintain insurance as required in this section.
 1785         Section 38. Section 732.526, Florida Statutes, is created
 1786  to read:
 1787         732.526Probate.—
 1788         (1)An electronic will that is filed electronically with
 1789  the clerk of the court through the Florida Courts E-Filing
 1790  Portal is deemed to have been deposited with the clerk as an
 1791  original of the electronic will.
 1792         (2)A paper copy of an electronic will which is certified
 1793  by a notary public to be a true and correct copy of the
 1794  electronic will may be offered for and admitted to probate and
 1795  constitutes an original of the electronic will.
 1796         Section 39. Subsection (1) of section 733.201, Florida
 1797  Statutes, is amended to read:
 1798         733.201 Proof of wills.—
 1799         (1) Self-proved wills executed in accordance with this code
 1800  may be admitted to probate without further proof. However, a
 1801  purportedly self-proved electronic will may be admitted to
 1802  probate only in the manners prescribed in subsections (2) and
 1803  (3) if the execution of such electronic will, or the
 1804  acknowledgement by the testator and the affidavits of the
 1805  witnesses, involves an online notarization in which there was a
 1806  substantial failure to comply with the procedures set forth in
 1807  s. 117.265.
 1808         Section 40. Section 740.10, Florida Statutes, is created to
 1809  read:
 1810         740.10Relation to wills.—No act taken pursuant to this
 1811  chapter is valid to affect the obligation of a person to deposit
 1812  a will of a decedent as required under s. 732.901.
 1813         Section 41. Except as otherwise expressly provided in this
 1814  act, and except for this section, which shall take effect upon
 1815  becoming a law, this act shall take effect January 1, 2020.