Florida Senate - 2015 SB 526 By Senator Grimsley 21-00715-15 2015526__ 1 A bill to be entitled 2 An act relating to notaries public; amending s. 3 92.525, F.S.; revising the methods available for 4 verifying documents; amending s. 117.05, F.S.; 5 providing an exception to the requirement that a 6 signer personally appear before a notary public at the 7 time of notarization; amending s. 117.10, F.S.; 8 defining the term “reliable electronic means”; 9 authorizing specified officers to administer oaths by 10 reliable electronic means when engaged in the 11 performance of official duties; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsection (1) of section 92.525, Florida 17 Statutes, is amended to read: 18 92.525 Verification of documents; perjury by false written 19 declaration, penalty.— 20 (1) If
When it isauthorized or required by law, by rule of 21 an administrative agency, or by rule or order of court that a 22 document be verified by a person, the verification may be 23 accomplished in the following manner: 24 (a) Under oath or affirmation taken or administered before 25 an officer authorized under s. 92.50 or s. 117.10 to administer 26 oaths; or 27 (b) By the signing of the written declaration prescribed in 28 subsection (2). 29 Section 2. Paragraph (c) of subsection (4) of section 30 117.05, Florida Statutes, is amended to read: 31 117.05 Use of notary commission; unlawful use; notary fee; 32 seal; duties; employer liability; name change; advertising; 33 photocopies; penalties.— 34 (4) When notarizing a signature, a notary public shall 35 complete a jurat or notarial certificate in substantially the 36 same form as those found in subsection (13). The jurat or 37 certificate of acknowledgment shall contain the following 38 elements: 39 (c) That the signer personally appeared before the notary 40 public at the time of the notarization. This paragraph does not 41 apply to the administration of an oath by a law enforcement 42 officer, correctional officer, correctional probation officer, 43 traffic accident investigation officer, or traffic infraction 44 enforcement officer through reliable electronic means as 45 authorized by s. 117.10. 46 Section 3. Section 117.10, Florida Statutes, is amended to 47 read: 48 117.10 Law enforcement and correctional officers; 49 administration of oaths.— 50 (1) For purposes of this section, the term “reliable 51 electronic means” means the signing and transmission of a 52 document through means compliant with criminal justice 53 information system security measures. Such signing and 54 transmission must be made by an affiant to an officer authorized 55 to administer oaths under subsection (2) under circumstances 56 that indicate that the document was submitted by the affiant. 57 (2) Law enforcement officers, correctional officers, and 58 correctional probation officers, as defined in s. 943.10, and 59 traffic accident investigation officers and traffic infraction 60 enforcement officers, as described in s. 316.640, are authorized 61 to administer oaths by reliable electronic means or in the 62 physical presence of an affiant when engaged in the performance 63 of official duties. Sections 117.01, 117.04, 117.045, 117.05, 64 and 117.103 do not apply to the provisions ofthis section. An 65 officer may not notarize his or her own signature. 66 (3) An oath administered pursuant to this section is an 67 acceptable method of verification as provided under s. 92.525. 68 Section 4. This act shall take effect July 1, 2015.