Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 206
Ì8522384Î852238
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/25/2017 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Rules (Passidomo) recommended the following:
1 Senate Amendment
2
3 Delete lines 163 - 272
4 and insert:
5 provided in this act or the Florida Probate Rules, the execution
6 of a living will under s. 765.302, and the acknowledgment of any
7 of the foregoing:
8 (1) An individual is deemed to be in the presence of or
9 appearing before another individual if the individuals are
10 either:
11 (a) In the same physical location; or
12 (b) In different physical locations, but can communicate
13 with each other by means of live video conference, if the
14 following requirements are met:
15 1. The testator or principal may not be in an end-stage
16 condition as defined in s. 765.101 or a vulnerable adult as
17 defined in s. 415.102. The contestant of the document has the
18 burden of proving that the testator or principal was in an end
19 stage condition or was a vulnerable adult at the time of
20 executing the document.
21 2. The signal transmission must be live and in real time.
22 3. The signal transmission must be secure from interception
23 through lawful means by anyone other than the persons
24 communicating.
25 4. The persons communicating must simultaneously see and
26 speak to one another with reasonable clarity.
27 5. In the video conference, the persons communicating must
28 establish the identity of the testator or principal by:
29 a. Personal knowledge, if the person asserting personal
30 knowledge explains how the identity of the testator or principal
31 has come to be known to, and the length of time for which it has
32 been known by, such person; or
33 b. Presentation of any of the forms of identification of
34 the testator or principal, as set forth in s. 117.05(5)(b)2.a.
35 i.
36 6. In the video conference, the persons communicating must
37 demonstrate awareness of the events taking place, which may be
38 achieved, without limitation, by stating their names and
39 identifying any document they intend to sign.
40 7. At least one of the persons communicating must be
41 either:
42 a. An attorney licensed to practice law in this state:
43 (I) Who electronically signs the document as a witness;
44 (II) Whose status as an attorney licensed to practice law
45 in this state is indicated adjacent to his or her electronic
46 signature; and
47 (III) Whose electronic signature is accompanied by his or
48 her statement that, to the best of his or her knowledge, the
49 execution of the document complied with the requirements of this
50 section; or
51 b. A Florida notary public:
52 (I) Who electronically signs the document;
53 (II) Whose electronic signature is accompanied by a notary
54 public seal that meets the requirements of s. 117.021(3); and
55 (III) Whose electronic signature and seal are accompanied
56 by his or her certification that, to the best of his or her
57 knowledge, the execution of the document complied with the
58 requirements of this section.
59
60 If a document is required to be witnessed or acknowledged, the
61 witness or notary fulfilling that requirement may be the same
62 witness or notary who fulfills the requirement of this
63 subparagraph. A person presented with a document containing the
64 statement or certification required under this subparagraph may
65 presume that the document was executed in compliance with this
66 paragraph, unless the person has notice that such compliance is
67 contested.
68 8. In the video conference, the testator or principal must
69 provide verbal answers to all of the following questions:
70 a. Are you over the age of 18?
71 b. Are you under the influence of any drugs or alcohol that
72 impairs your ability to make decisions?
73 c. Are you of sound mind?
74 d. Did anyone assist you in accessing this video
75 conference? If so, who?
76 e. Has anyone forced or influenced you to include anything
77 in this document which you do not wish to include?
78 f. Are you signing this document voluntarily?
79 9. A time-stamped recording of the entire video conference
80 must be identifiable with the document being signed and stored
81 in the electronic record containing the document by a qualified
82 custodian in the manner required pursuant to s. 732.527(1)(c)
83 for the storage of electronic records containing electronic
84 wills.
85 a. Without limitation, a recording is identifiable with a
86 document if the recording and document share an identification
87 number.
88 b. If the recording is not reasonably accessible by a
89 person presented with the document, such person may treat the
90 document as if it does not include the signature of any
91 signatory who appeared by means of live video conference;
92 however, an electronic will whose execution included the use of
93 video conference under this section may be proved as provided in
94 s. 733.201(4). Without limitation, a recording is reasonably
95 accessible if it is accessible at no charge over the Internet
96 pursuant to instructions set forth in the document.
97 (2) If a law requires a record to be in writing, an
98 electronic record satisfies such provision.
99 (3) Any requirement that a document be signed may be
100 satisfied by an electronic signature.
101 (4) A document that is signed electronically is deemed to
102 be executed in this state if all of the following requirements
103 are met:
104 (a) The document states that the person creating the
105 document intends to execute and understands that he or she is
106 executing the document in, and pursuant to the laws of, this
107 state.
108 (b) The person creating the document is, or the attesting
109 witnesses or Florida notary public whose electronic signatures
110 are obtained in the execution of the document are, physically
111 located within this state at the time the document is executed.
112 (c) In the case of a self-proved electronic will, the
113 electronic will designates a qualified custodian who is
114 domiciled in and a resident of this state or incorporated or
115 organized in this state.
116 Section 8. Section 732.526, Florida Statutes, is created to
117 read:
118 732.526 Probate.—An electronic will, other than a
119 holographic or nuncupative will, of a nonresident of