Florida Senate - 2018                             CS for SB 1042
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senators Brandes and Passidomo
       
       
       
       
       585-03170-18                                          20181042c1
    1                        A bill to be entitled                      
    2         An act relating to notaries public; providing
    3         directives to the Division of Law Revision and
    4         Information; amending s. 117.01, F.S.; revising
    5         provisions relating to use of the office of notary
    6         public; amending s. 117.021, F.S.; requiring
    7         electronic signatures to include access protection;
    8         prohibiting a person from requiring a notary public to
    9         perform a notarial act with certain technology;
   10         requiring the Department of State, in collaboration
   11         with the Agency for State Technology, to adopt rules
   12         for certain purposes; amending s. 117.05, F.S.;
   13         revising limitations on notary fees to conform to
   14         changes made by the act; providing for inclusion of
   15         certain information in a jurat or notarial
   16         certificate; providing for compliance with online
   17         notarization requirements; providing for notarial
   18         certification of a printed electronic record; revising
   19         statutory forms for jurats and notarial
   20         certifications; amending s. 117.107, F.S.; providing
   21         applicability; revising prohibited acts; creating s.
   22         117.201, F.S.; providing definitions; creating s.
   23         117.209, F.S.; authorizing online notarizations;
   24         providing an exception; creating s. 117.215, F.S.;
   25         specifying the application of other laws in relation
   26         to online notarizations; creating s. 117.225, F.S.;
   27         specifying registration and qualification requirements
   28         for online notaries public; creating s. 117.235, F.S.;
   29         authorizing the performance of certain notarial acts;
   30         creating s. 117.245, F.S.; requiring a notary public
   31         to keep an electronic journal of online notarizations;
   32         specifying the information that must be included for
   33         each online notarization; requiring an online notary
   34         public to take certain steps regarding the maintenance
   35         and security of the electronic journal; creating s.
   36         117.255, F.S.; specifying requirements for the use of
   37         electronic journals, signatures, and seals; requiring
   38         a notary public to provide notification of the theft,
   39         vandalism, or loss of an electronic journal,
   40         signature, or seal; authorizing an online notary
   41         public to make copies of electronic journal entries
   42         and to provide access to related recordings under
   43         certain circumstances; authorizing an online notary
   44         public to charge a fee for making and delivering such
   45         copies; creating s. 117.265, F.S.; prescribing online
   46         notarization procedures; specifying the manner by
   47         which an online notary public must verify the identity
   48         of a principal or a witness; requiring an online
   49         notary public to take certain measures as to the
   50         security of technology used; specifying that an
   51         electronic notarial certificate must identify the
   52         performance of an online notarization; specifying that
   53         noncompliance does not impair the validity of a
   54         notarial act or the notarized electronic record;
   55         providing construction; creating s. 117.275, F.S.;
   56         providing fees for online notarizations; creating s.
   57         117.285, F.S.; specifying the manner by which an
   58         online notary public may supervise the witnessing of
   59         electronic records of online notarizations; creating
   60         s. 117.295, F.S.; providing standards for electronic
   61         and online notarizations; authorizing the Department
   62         of State, in collaboration with the Agency for State
   63         Technology, to adopt certain rules; creating s.
   64         117.305, F.S.; superseding certain provisions of
   65         federal law regulating electronic signatures; amending
   66         s. 28.222, F.S.; requiring the clerk of the circuit
   67         court to record certain instruments; amending s.
   68         95.231, F.S.; providing a limitation period for
   69         certain recorded instruments; amending s. 689.01,
   70         F.S.; providing for witnessing of documents in
   71         connection with real estate conveyances; providing for
   72         validation of certain recorded documents; amending s.
   73         694.08, F.S.; providing for validation of certain
   74         recorded documents; amending s. 695.03, F.S.;
   75         providing and revising requirements for making
   76         acknowledgments, proofs, and other documents; amending
   77         ss. 695.04 and 695.05, F.S.; conforming provisions to
   78         changes made by the act; amending s. 695.28, F.S.;
   79         providing for validity of recorded documents;
   80         conforming provisions to changes made by the act;
   81         providing an effective date.
   82          
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. The Division of Law Revision and Information is
   86  directed to:
   87         (1) Create part I of chapter 117, Florida Statutes,
   88  consisting of ss. 117.01-117.108, Florida Statutes, to be
   89  entitled “General Provisions.”
   90         (2) Create part II of chapter 117, Florida Statutes,
   91  consisting of ss. 117.201-117.305, Florida Statutes, to be
   92  entitled “Online Notarizations.”
   93         Section 2. Subsection (1) of section 117.01, Florida
   94  Statutes, is amended to read:
   95         117.01 Appointment, application, suspension, revocation,
   96  application fee, bond, and oath.—
   97         (1) The Governor may appoint as many notaries public as he
   98  or she deems necessary, each of whom must shall be at least 18
   99  years of age and a legal resident of this the state. A permanent
  100  resident alien may apply and be appointed and shall file with
  101  his or her application a recorded Declaration of Domicile. The
  102  residence required for appointment must be maintained throughout
  103  the term of appointment. A notary public Notaries public shall
  104  be appointed for 4 years and may only shall use and exercise the
  105  office of notary public if he or she is within the boundaries of
  106  this state. An applicant must be able to read, write, and
  107  understand the English language.
  108         Section 3. Present subsections (4) and (5) of section
  109  117.021, Florida Statutes, are renumbered as subsections (5) and
  110  (6), respectively, a new subsection (4) and subsection (7) are
  111  added to that section, and subsection (2) and present subsection
  112  (5) of that section are amended, to read:
  113         117.021 Electronic notarization.—
  114         (2) In performing an electronic notarial act, a notary
  115  public shall use an electronic signature that is:
  116         (a) Unique to the notary public;
  117         (b) Capable of independent verification;
  118         (c) Retained under the notary public’s sole control and
  119  includes access protection through the use of passwords or codes
  120  under control of the notary public; and
  121         (d) Attached to or logically associated with the electronic
  122  document in a manner that any subsequent alteration to the
  123  electronic document displays evidence of the alteration.
  124         (4) A person may not require a notary public to perform a
  125  notarial act with respect to an electronic record with a form of
  126  technology that the notary public has not selected to use.
  127         (6)(5) The Department of State, in collaboration with the
  128  Agency for State Technology, may adopt rules to ensure the
  129  security, reliability, and uniformity of signatures and seals
  130  authorized in this section.
  131         (7) The Department of State, in collaboration with the
  132  Agency for State Technology, shall adopt rules establishing
  133  standards for tamper-evident technologies that will indicate any
  134  alteration or change to an electronic record after completion of
  135  an electronic notarial act and shall publish a list of
  136  technologies that satisfy those standards and are approved for
  137  use in electronic notarizations, effective January 1, 2019. All
  138  electronic notarizations performed on or after January 1, 2019,
  139  must comply with the adopted standards and use an approved
  140  technology.
  141         Section 4. Subsection (1), paragraph (a) of subsection (2),
  142  subsections (4) and (5), paragraph (a) of subsection (12), and
  143  subsections (13) and (14) of section 117.05, Florida Statutes,
  144  are amended, and paragraph (c) is added to subsection (12) of
  145  that section, to read:
  146         117.05 Use of notary commission; unlawful use; notary fee;
  147  seal; duties; employer liability; name change; advertising;
  148  photocopies; penalties.—
  149         (1) A No person may not shall obtain or use a notary public
  150  commission in other than his or her legal name, and it is
  151  unlawful for a notary public to notarize his or her own
  152  signature. Any person applying for a notary public commission
  153  must submit proof of identity to the Department of State if so
  154  requested. Any person who violates the provisions of this
  155  subsection commits is guilty of a felony of the third degree,
  156  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  157         (2)(a) The fee of a notary public may not exceed $10 for
  158  any one notarial act, except as provided in s. 117.045 or s.
  159  117.275.
  160         (4) When notarizing a signature, a notary public shall
  161  complete a jurat or notarial certificate in substantially the
  162  same form as those found in subsection (13). The jurat or
  163  certificate of acknowledgment shall contain the following
  164  elements:
  165         (a) The venue stating the location of the notary public at
  166  the time of the notarization in the format, “State of Florida,
  167  County of .............”
  168         (b) The type of notarial act performed, an oath or an
  169  acknowledgment, evidenced by the words “sworn” or
  170  “acknowledged.”
  171         (c) That the signer personally appeared before the notary
  172  public at the time of the notarization either by physical
  173  presence or by means of audio-video communication technology as
  174  authorized under part II of this chapter.
  175         (d) The exact date of the notarial act.
  176         (e) The name of the person whose signature is being
  177  notarized. It is presumed, absent such specific notation by the
  178  notary public, that notarization is to all signatures.
  179         (f) The specific type of identification the notary public
  180  is relying upon in identifying the signer, either based on
  181  personal knowledge or satisfactory evidence specified in
  182  subsection (5).
  183         (g) The notary’s official signature.
  184         (h) The notary’s name, typed, printed, or stamped below the
  185  signature.
  186         (i) The notary’s official seal affixed below or to either
  187  side of the notary’s signature.
  188         (5) A notary public may not notarize a signature on a
  189  document unless he or she personally knows, or has satisfactory
  190  evidence, that the person whose signature is to be notarized is
  191  the individual who is described in and who is executing the
  192  instrument. A notary public shall certify in the certificate of
  193  acknowledgment or jurat the type of identification, either based
  194  on personal knowledge or other form of identification, upon
  195  which the notary public is relying. In the case of an online
  196  notarization, the online notary public shall comply with the
  197  requirements set forth in part II of this chapter.
  198         (a) For purposes of this subsection, the term “personally
  199  knows” means having an acquaintance, derived from association
  200  with the individual, which establishes the individual’s identity
  201  with at least a reasonable certainty.
  202         (b) For the purposes of this subsection, the term
  203  “satisfactory evidence” means the absence of any information,
  204  evidence, or other circumstances which would lead a reasonable
  205  person to believe that the person whose signature is to be
  206  notarized is not the person he or she claims to be and any one
  207  of the following:
  208         1. The sworn written statement of one credible witness
  209  personally known to the notary public or the sworn written
  210  statement of two credible witnesses whose identities are proven
  211  to the notary public upon the presentation of satisfactory
  212  evidence that each of the following is true:
  213         a. That the person whose signature is to be notarized is
  214  the person named in the document;
  215         b. That the person whose signature is to be notarized is
  216  personally known to the witnesses;
  217         c. That it is the reasonable belief of the witnesses that
  218  the circumstances of the person whose signature is to be
  219  notarized are such that it would be very difficult or impossible
  220  for that person to obtain another acceptable form of
  221  identification;
  222         d. That it is the reasonable belief of the witnesses that
  223  the person whose signature is to be notarized does not possess
  224  any of the identification documents specified in subparagraph
  225  2.; and
  226         e. That the witnesses do not have a financial interest in
  227  nor are parties to the underlying transaction; or
  228         2. Reasonable reliance on the presentation to the notary
  229  public of any one of the following forms of identification, if
  230  the document is current or has been issued within the past 5
  231  years and bears a serial or other identifying number:
  232         a. A Florida identification card or driver license issued
  233  by the public agency authorized to issue driver licenses;
  234         b. A passport issued by the Department of State of the
  235  United States;
  236         c. A passport issued by a foreign government if the
  237  document is stamped by the United States Bureau of Citizenship
  238  and Immigration Services;
  239         d. A driver license or an identification card issued by a
  240  public agency authorized to issue driver licenses in a state
  241  other than Florida, a territory of the United States, or Canada
  242  or Mexico;
  243         e. An identification card issued by any branch of the armed
  244  forces of the United States;
  245         f. A veteran health identification card issued by the
  246  United States Department of Veterans Affairs;
  247         g. An inmate identification card issued on or after January
  248  1, 1991, by the Florida Department of Corrections for an inmate
  249  who is in the custody of the department;
  250         h. An inmate identification card issued by the United
  251  States Department of Justice, Bureau of Prisons, for an inmate
  252  who is in the custody of the department;
  253         i. A sworn, written statement from a sworn law enforcement
  254  officer that the forms of identification for an inmate in an
  255  institution of confinement were confiscated upon confinement and
  256  that the person named in the document is the person whose
  257  signature is to be notarized; or
  258         j. An identification card issued by the United States
  259  Bureau of Citizenship and Immigration Services.
  260         (12)(a) A notary public may supervise the making of a copy
  261  of a tangible or an electronic record or a printout of an
  262  electronic record, photocopy of an original document and attest
  263  to the trueness of the copy or of the printout, provided the
  264  document is neither a vital record in this state, another state,
  265  a territory of the United States, or another country, nor a
  266  public record, if a copy can be made by the custodian of the
  267  public record.
  268         (c) A notary public must use a certificate in substantially
  269  the following form in notarizing a copy of a tangible or an
  270  electronic record or a printout of an electronic record:
  271  
  272  STATE OF FLORIDA
  273  COUNTY OF ........
  274  
  275  On this .... day of ........, ...(year)..., I attest that the
  276  preceding or attached document is a true, exact, complete, and
  277  unaltered ...(copy of a tangible or an electronic record
  278  presented to me by the document’s custodian)... or a
  279  ...(printout made by me from an electronic record presented to
  280  me by the document’s custodian).... At the time of printing, no
  281  security features, if any, present on the electronic record,
  282  indicated that the record had been altered since execution.
  283  
  284  ...(Signature of Notary Public — State of Florida)...
  285  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  286  
  287         (13) The following notarial certificates are sufficient for
  288  the purposes indicated, if completed with the information
  289  required by this chapter. The specification of forms under this
  290  subsection does not preclude the use of other forms.
  291         (a) For an oath or affirmation:
  292  
  293  STATE OF FLORIDA
  294  COUNTY OF ........
  295  
  296         Sworn to (or affirmed) and subscribed before me by means of
  297  [] physical presence or [] online notarization, this .... day of
  298  ........, ...(year)..., by ...(name of person making
  299  statement)....
  300  
  301  ...(Signature of Notary Public - State of Florida)...
  302  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  303         Personally Known ........ OR Produced Identification
  304  ........
  305         Type of Identification Produced..........................
  306  
  307         (b) For an acknowledgment in an individual capacity:
  308  
  309  STATE OF FLORIDA
  310  COUNTY OF ........
  311  
  312  The foregoing instrument was acknowledged before me by means of
  313  [] physical presence or [] online notarization, this .... day of
  314  ........, ...(year)..., by ...(name of person acknowledging)....
  315  
  316  ...(Signature of Notary Public - State of Florida)...
  317  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  318         Personally Known ........ OR Produced Identification
  319  ........
  320         Type of Identification Produced..........................
  321  
  322         (c) For an acknowledgment in a representative capacity:
  323  
  324  STATE OF FLORIDA
  325  COUNTY OF ........
  326  
  327  The foregoing instrument was acknowledged before me by means of
  328  [] physical presence or [] online notarization, this .... day of
  329  ........, ...(year)..., by ...(name of person)... as ...(type of
  330  authority, . . . e.g. officer, trustee, attorney in fact)... for
  331  ...(name of party on behalf of whom instrument was executed)....
  332  
  333  ...(Signature of Notary Public - State of Florida)...
  334  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  335         Personally Known ........ OR Produced Identification
  336  ........
  337         Type of Identification Produced..........................
  338  
  339         (14) A notary public must make reasonable accommodations to
  340  provide notarial services to persons with disabilities.
  341         (a) A notary public may notarize the signature of a person
  342  who is blind after the notary public has read the entire
  343  instrument to that person.
  344         (b) A notary public may notarize the signature of a person
  345  who signs with a mark if:
  346         1. The document signing is witnessed by two disinterested
  347  persons;
  348         2. The notary public prints the person’s first name at the
  349  beginning of the designated signature line and the person’s last
  350  name at the end of the designated signature line; and
  351         3. The notary public prints the words “his (or her) mark”
  352  below the person’s signature mark.
  353         (c) The following notarial certificates are sufficient for
  354  the purpose of notarizing for a person who signs with a mark:
  355         1. For an oath or affirmation:
  356  
  357  ...(First Name)... ...(Last Name)...
  358  ...His (or Her) Mark...
  359  
  360  STATE OF FLORIDA
  361  COUNTY OF ........
  362  
  363  Sworn to and subscribed before me by means of [] physical
  364  presence or [] online notarization, this .... day of ........,
  365  ...(year)..., by ...(name of person making statement)..., who
  366  signed with a mark in the presence of these witnesses:
  367  
  368  ...(Signature of Notary Public - State of Florida)...
  369  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  370         Personally Known ........ OR Produced Identification
  371  ........
  372         Type of Identification Produced..........................
  373  
  374         2. For an acknowledgment in an individual capacity:
  375  
  376  ...(First Name)... ...(Last Name)...
  377  ...His (or Her) Mark...
  378  
  379  STATE OF FLORIDA
  380  COUNTY OF ........
  381  
  382  The foregoing instrument was acknowledged before me by means of
  383  [] physical appearance or [] online notarization, this .... day
  384  of ........, ...(year)..., by ...(name of person
  385  acknowledging)..., who signed with a mark in the presence of
  386  these witnesses:
  387  
  388  ...(Signature of Notary Public - State of Florida)...
  389  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  390         Personally Known ........ OR Produced Identification
  391  ........
  392         Type of Identification Produced..........................
  393  
  394         (d) A notary public may sign the name of a person whose
  395  signature is to be notarized when that person is physically
  396  unable to sign or make a signature mark on a document if:
  397         1. The person with a disability directs the notary public
  398  to sign in his or her presence;
  399         2. The document signing is witnessed by two disinterested
  400  persons;
  401         3. The notary public writes below the signature the
  402  following statement: “Signature affixed by notary, pursuant to
  403  s. 117.05(14), Florida Statutes,” and states the circumstances
  404  of the signing in the notarial certificate.
  405         (e) The following notarial certificates are sufficient for
  406  the purpose of notarizing for a person with a disability who
  407  directs the notary public to sign his or her name:
  408         1. For an oath or affirmation:
  409  
  410  STATE OF FLORIDA
  411  COUNTY OF ........
  412  
  413  Sworn to (or affirmed) before me by means of [] physical
  414  presence or [] online notarization, this .... day of ........,
  415  ...(year)..., by ...(name of person making statement)..., and
  416  subscribed by ...(name of notary)... at the direction of and in
  417  the presence of ...(name of person making statement)..., and in
  418  the presence of these witnesses:
  419  
  420  ...(Signature of Notary Public - State of Florida)...
  421  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  422         Personally Known ........ OR Produced Identification
  423  ........
  424         Type of Identification Produced..........................
  425  
  426         2. For an acknowledgment in an individual capacity:
  427  
  428  STATE OF FLORIDA
  429  COUNTY OF ........
  430  
  431  The foregoing instrument was acknowledged before me by means of
  432  [] physical presence or [] online notarization, this .... day of
  433  ........, ...(year)..., by ...(name of person acknowledging)...
  434  and subscribed by ...(name of notary)... at the direction of and
  435  in the presence of ...(name of person acknowledging)..., and in
  436  the presence of these witnesses:
  437  
  438  ...(Signature of Notary Public - State of Florida)...
  439  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  440         Personally Known ........ OR Produced Identification
  441  ........
  442         Type of Identification Produced..........................
  443  
  444         Section 5. Subsections (2) and (9) of section 117.107,
  445  Florida Statutes, are amended to read:
  446         117.107 Prohibited acts.—
  447         (2) A notary public may not sign notarial certificates
  448  using a facsimile signature stamp unless the notary public has a
  449  physical disability that limits or prohibits his or her ability
  450  to make a written signature and unless the notary public has
  451  first submitted written notice to the Department of State with
  452  an exemplar of the facsimile signature stamp. This subsection
  453  does not apply to or prohibit the use of an electronic signature
  454  and seal by a notary public performing an electronic or online
  455  notarization in accordance with this chapter.
  456         (9) A notary public may not notarize a signature on a
  457  document if the person whose signature is being notarized does
  458  not appear before the notary public either by means of physical
  459  presence or by means of audio-video communication technology as
  460  authorized under part II of this chapter is not in the presence
  461  of the notary public at the time the signature is notarized. Any
  462  notary public who violates this subsection is guilty of a civil
  463  infraction, punishable by penalty not exceeding $5,000, and such
  464  violation constitutes malfeasance and misfeasance in the conduct
  465  of official duties. It is no defense to the civil infraction
  466  specified in this subsection that the notary public acted
  467  without intent to defraud. A notary public who violates this
  468  subsection with the intent to defraud is guilty of violating s.
  469  117.105.
  470         Section 6. Section 117.201, Florida Statutes, is created to
  471  read:
  472         117.201 Definitions.—As used in this part, the term:
  473         (1) “Appear before,” “before,” “appear personally before,”
  474  or “in the presence of” mean:
  475         (a) In the same physical location as another person and
  476  close enough to see, hear, communicate with, and exchange
  477  credentials with that person; or
  478         (b) In a different physical location from another person,
  479  but able to see, hear, and communicate with the person by means
  480  of audio-video communication technology.
  481         (2) “Audio-video communication technology” means technology
  482  meeting the requirements of this part and of any rules adopted
  483  hereunder which enables real-time, two-way communication using
  484  electronic means in which participants are able to see, hear,
  485  and communicate with one another.
  486         (3) “Credential analysis” means a process or service
  487  meeting the requirements of this part and of any rules adopted
  488  hereunder through which a third party affirms the validity of a
  489  government-issued identity credential or data thereon through
  490  review of public or proprietary data sources.
  491         (4) “Errors and omissions insurance” means a type of
  492  insurance that provides coverage for potential errors or
  493  omissions in or relating to the notarial act.
  494         (5) “Government-issued identity credential” means any
  495  approved credential for verifying identity under s.
  496  117.05(5)(b)2.
  497         (6) “Identity proofing” means a process or service meeting
  498  the requirements of this part and of any rules adopted hereunder
  499  through which a third party affirms the identity of an
  500  individual through use of public or proprietary data sources,
  501  which may include by means of knowledge-based authentication or
  502  biometric verification.
  503         (7) “Knowledge-based authentication” means a form of
  504  identity proofing based on a set of questions formulated from
  505  public and proprietary data sources for which the principal has
  506  not provided a previous answer.
  507         (8) “Online notarization” means the performance of an
  508  electronic notarization by means of audio-video communication
  509  technology and which meets the requirements of this chapter and
  510  of any rules adopted hereunder.
  511         (9) “Online notary public” means a notary public who has
  512  registered with the Executive Office of the Governor to perform
  513  online notarizations under this part, a civil-law notary
  514  appointed under chapter 118, or a commissioner of deeds
  515  appointed under part IV of chapter 721.
  516         (10) “Principal” means an individual whose electronic
  517  signature is acknowledged, witnessed, or attested to in an
  518  online notarization or who takes an oath or affirmation from the
  519  online notary public.
  520         (11) “Remote presentation” means transmission of an image
  521  of a government-issued identity credential that is of sufficient
  522  quality to enable the online notary public to identify the
  523  individual seeking the notary’s services and to perform
  524  credential analysis through audio-video communication
  525  technology.
  526  
  527  Except where the context otherwise requires, any term defined in
  528  s. 668.50 has the same meaning when used in this part.
  529         Section 7. Section 117.209, Florida Statutes, is created to
  530  read:
  531         117.209 Authority to perform online notarizations.—
  532         (1) An online notary public may perform any of the
  533  functions authorized under part I of this chapter as an online
  534  notarization, excluding solemnizing the rites of matrimony.
  535         (2) If a notarial act requires a principal to appear before
  536  or in the presence of the online notary public, the principal
  537  may appear before the online notary public by means of audio
  538  video communication technology that meets the requirements of
  539  this chapter and any rules adopted by the Executive Office of
  540  the Governor under s. 117.295.
  541         (3) An online notary public may perform a notarial act as
  542  an online notarization as authorized under this chapter,
  543  regardless of the physical location of the principal at the time
  544  of the notarial act, provided the notary public is physically
  545  located in this state while performing the online notarization.
  546         (4) The validity of an online notarization performed by an
  547  online notary public appointed in this state shall be determined
  548  by applicable laws of this state regardless of the physical
  549  location of the principal at the time of the notarial act.
  550         Section 8. Section 117.215, Florida Statutes, is created to
  551  read:
  552         117.215 Relation to other laws.—
  553         (1) If a provision of law requires a notary public or other
  554  authorized official of this state to notarize a signature or a
  555  statement, to take an acknowledgement of an instrument, or to
  556  administer an oath or affirmation so that a document may be
  557  sworn, made under oath, or subject to penalty of perjury, an
  558  online notarization performed in accordance with the provisions
  559  of this part and any rules adopted hereunder satisfies such
  560  requirement.
  561         (2) If a provision of law requires a signature or an act to
  562  be witnessed, compliance with the online electronic witnessing
  563  standards prescribed in s. 117.285 and any rules adopted
  564  thereunder satisfies that requirement.
  565         Section 9. Section 117.225, Florida Statutes, is created to
  566  read:
  567         117.225 Registration; qualifications.—A notary public may
  568  apply to be registered as an online notary public with the
  569  Executive Office of the Governor by:
  570         (1) Satisfying the qualification requirements for
  571  appointment as a notary public under part I of this chapter or
  572  the qualifications for appointment as a commissioner of deeds
  573  under part IV of chapter 721.
  574         (2) Certifying that the notary public has completed a live
  575  or online course covering the duties, obligations, and
  576  technology requirements for serving as an online notary public.
  577         (3) Paying an online notary public application fee in the
  578  amount of $25.
  579         (4) Submitting a registration as an online notary public to
  580  the Executive Office of the Governor, signed and sworn to by the
  581  applicant.
  582         (5) Identifying the audio-video communication technology
  583  and identity proofing methods that the online notary public
  584  intends to use in performing online notarizations. If the
  585  Department of State and the Agency for State Technology have
  586  established standards for approval of technology pursuant to
  587  this part, the technology and methods selected by the online
  588  notary must be in conformance with such standards. If a form of
  589  technology conforms to the standards, the Department of State
  590  and the Agency for State Technology must approve the use of the
  591  technology. If the Department of State and the Agency for State
  592  Technology have not yet established such standards, the online
  593  notary public must identify technologies that are consistent
  594  with the requirements of s. 117.295(2).
  595         (6) Providing evidence satisfactory to the Executive Office
  596  of the Governor that the notary public has obtained a bond,
  597  payable to any individual harmed as a result of a breach of duty
  598  by the online notary public acting in his or her official
  599  capacity, conditioned for the due discharge of the office, in
  600  the minimum amount of $25,000 and on such terms as are specified
  601  by rule by the Department of State as reasonably necessary to
  602  protect the public. The bond shall be approved and filed with
  603  the Department of State and executed by a surety company duly
  604  authorized to transact business in this state. Compliance by the
  605  notary public with this requirement shall satisfy the
  606  requirement of obtaining a bond under s. 117.01(7).
  607         (7) Providing evidence satisfactory to the Executive Office
  608  of the Governor that the notary public is covered by an errors
  609  and omissions insurance policy from an insurer authorized to
  610  transact business in this state, in the minimum amount of $1
  611  million and on such terms as are specified by rule by the
  612  Department of State as reasonably necessary to protect the
  613  public.
  614         Section 10. Section 117.235, Florida Statutes, is created
  615  to read:
  616         117.235 Performance of notarial acts.—
  617         (1) An online notary public is subject to part I to the
  618  same extent as a notary public appointed and commissioned only
  619  under that part, including the provisions of s. 117.021 relating
  620  to electronic notarizations.
  621         (2) An online notary public may perform notarial acts as
  622  provided by part I in addition to performing online
  623  notarizations as authorized and pursuant to the provisions of
  624  this part.
  625         Section 11. Section 117.245, Florida Statutes, is created
  626  to read:
  627         117.245 Electronic journal of online notarizations.—
  628         (1) An online notary public shall keep a secure electronic
  629  journal of electronic records notarized by the online notary
  630  public. For each online notarization, the electronic journal
  631  entry must contain all of the following:
  632         (a) The date and time of the notarization.
  633         (b) The type of notarial act.
  634         (c) The type, the title, or a description of the electronic
  635  record or proceeding.
  636         (d) The printed name and address of each principal involved
  637  in the transaction or proceeding.
  638         (e) Evidence of identity of each principal involved in the
  639  transaction or proceeding in the form of:
  640         1. A statement that the person is personally known to the
  641  online notary public;
  642         2. A notation of the type of government-issued identity
  643  credential provided to the online notary public;
  644         3. A copy of the government-issued identity credential
  645  provided; and
  646         4. A copy of any other identity credential or information
  647  provided.
  648         (f) An indication that the principal satisfactorily passed
  649  the identity proofing.
  650         (g) An indication that the government-issued identity
  651  credential satisfied the credential analysis.
  652         (h) A recording of the audio-video communication in which:
  653         1. The principal and any witnesses appeared before the
  654  notary public.
  655         2. The identity of each was confirmed.
  656         3. Electronic records were signed by the principal and any
  657  witnesses.
  658         4. The notarial act was performed.
  659         (i) The fee, if any, charged for the notarization.
  660         (2) The online notary public shall take reasonable steps
  661  to:
  662         (a) Ensure the integrity, security, and authenticity of
  663  online notarizations.
  664         (b) Maintain a backup record of the electronic journal
  665  required by subsection (1).
  666         (c) Protect the electronic journal, the backup record, and
  667  any other records received by the online notary public from
  668  unauthorized access or use.
  669         (3) The electronic journal required by subsection (1) shall
  670  be maintained by the online notary public, or a custodian acting
  671  on his or her behalf, for at least 10 years after the date of
  672  the notarial act.
  673         (4) An omitted or incomplete entry in the electronic
  674  journal does not impair the validity of the notarial act or of
  675  the electronic record notarized, but may be introduced as
  676  evidence to establish violations of this chapter; as an
  677  indication of possible fraud, forgery, or impersonation; or for
  678  other evidentiary purposes.
  679         Section 12. Section 117.255, Florida Statutes, is created
  680  to read:
  681         117.255 Use of electronic journal, signature, and seal.—An
  682  online notary public shall:
  683         (1) Take reasonable steps to ensure that any registered
  684  device used to create an electronic signature is current and has
  685  not been revoked or terminated by the device’s issuing or
  686  registering authority.
  687         (2) Keep his or her electronic journal, electronic
  688  signature, and electronic seal secure and under his or her sole
  689  control, which includes control in the form of access protection
  690  using passwords or codes under control of the online notary
  691  public. The online notary public may not allow another person to
  692  use or access his or her electronic journal, electronic
  693  signature, or electronic seal.
  694         (3) Only use an electronic signature for performing online
  695  notarization.
  696         (4) Attach or logically associate the online notary
  697  public’s electronic signature and seal to the electronic
  698  notarial certificate of an electronic record in a manner that is
  699  capable of independent verification using tamper-evident
  700  technology that renders any subsequent change or modification to
  701  the electronic record evident.
  702         (5) Immediately notify an appropriate law enforcement
  703  agency and the Executive Office of the Governor of theft or
  704  vandalism of his or her electronic journal, electronic
  705  signature, or electronic seal. An online notary public shall
  706  immediately notify the Executive Office of the Governor of the
  707  loss or use by another person of the online notary public’s
  708  electronic journal, electronic signature, or electronic seal.
  709         (6) Make electronic copies, upon request, of the pertinent
  710  entries in the electronic journal and provide access to the
  711  related audio-video communication technology recordings to the
  712  parties to the electronic records notarized, and to the title
  713  agent, settlement agent, or title insurer who engaged the online
  714  notary with regard to a real estate transaction. The online
  715  notary public may charge a reasonable fee for making and
  716  delivering electronic copies of a given series of related
  717  electronic records. The online notary public shall disclose the
  718  amount of such fee to the requester before making the electronic
  719  copies.
  720         Section 13. Section 117.265, Florida Statutes, is created
  721  to read:
  722         117.265 Online notarization procedures.—
  723         (1) An online notary public physically located in this
  724  state may perform an online notarization that meets the
  725  requirements of this part regardless of whether the principal or
  726  any witnesses are physically located in this state at the time
  727  of the online notarization. An online notarial act performed in
  728  accordance with this part is deemed to have been performed
  729  within this state and is governed by the applicable laws of this
  730  state.
  731         (2) In performing an online notarization, an online notary
  732  public shall confirm the identity of a principal at the time
  733  that the signature is taken by using audio-video communication
  734  technology and processes that meet the requirements of this part
  735  and of any rules adopted hereunder and record the entire two-way
  736  audio-video conference session between the notary public and the
  737  principal and any witnesses. A principal may not act in the
  738  capacity of a witness for his or her own signature in an online
  739  notarization.
  740         (3) In performing an online notarization of a principal not
  741  located within this state, an online notary public must confirm
  742  that the principal desires for the notarial act to be performed
  743  by a Florida notary public and governed by the applicable laws
  744  of this state.
  745         (4) An online notary public shall confirm the identity of
  746  the principal or any witness by:
  747         (a) The online notary public’s personal knowledge of each
  748  such individual; or
  749         (b) All of the following, as the same may be refined or
  750  supplemented in rules adopted pursuant to s. 117.295:
  751         1. Remote presentation of a government-issued identity
  752  credential by each individual;
  753         2. Credential analysis of each government-issued identity
  754  credential; and
  755         3. Identity proofing of each individual which meets the
  756  requirements of this part and of any rules adopted hereunder.
  757  
  758  If the online notary public is unable to satisfy subparagraphs
  759  (b)1.-3., or if the databases consulted for identity proofing do
  760  not contain sufficient information to permit authentication, the
  761  online notary public may not perform the online notarization.
  762         (5) The online notary public shall take reasonable steps to
  763  ensure that the audio-video communication technology used in an
  764  online notarization is secure from unauthorized interception.
  765         (6) The electronic notarial certificate for an online
  766  notarization must include a notation that the notarization is an
  767  online notarization.
  768         (7) Except as expressly modified in this part, the
  769  requirements of part I of this chapter apply to an online
  770  notarization and an online notary public.
  771         (8) Any failure to comply with the procedures set forth in
  772  this section does not impair the validity of the notarial act or
  773  the electronic record that was notarized, but may be introduced
  774  as evidence to establish violations of this chapter; as an
  775  indication of possible fraud, forgery, or impersonation; or for
  776  other evidentiary purposes. This subsection may not be construed
  777  to alter the duty of an online notary public to comply with this
  778  chapter and any rules adopted hereunder.
  779         Section 14. Section 117.275, Florida Statutes, is created
  780  to read:
  781         117.275 Fees for online notarization.—An online notary
  782  public or the online notary public’s employer may charge a fee,
  783  not to exceed $25, for performing an online notarization in
  784  addition to any other fees authorized under part I of this
  785  chapter. Fees for services other than the provision of notarial
  786  acts are not governed by this section.
  787         Section 15. Section 117.285, Florida Statutes, is created
  788  to read:
  789         117.285 Witnessing of online notarization.—An online notary
  790  public may supervise the witnessing of electronic records by the
  791  same audio-video communication technology used for online
  792  notarization, as follows:
  793         (1) The identity of each witness must be verified in the
  794  same manner as the identity of the principal.
  795         (2) The witness may physically be present with the
  796  principal or remote from the principal provided the witness and
  797  principal are using audio-video communication technology.
  798         (3) The witness is present in either physical proximity to
  799  the principal or through audio-video communication technology at
  800  the time the principal affixes the electronic signature and
  801  hears the principal make a statement to the effect that the
  802  principal has signed the electronic record.
  803         Section 16. Section 117.295, Florida Statutes, is created
  804  to read:
  805         117.295 Standards for electronic and online notarization;
  806  rulemaking authority.—
  807         (1) The Legislature intends that the standards applicable
  808  to electronic notarization under s. 117.021 and for online
  809  notarization under this part reflect future improvements in
  810  technology and methods of assuring the identity of principals
  811  and the security of an electronic record. The Department of
  812  State, in collaboration with the Agency for State Technology,
  813  may adopt rules and standards necessary to implement the
  814  requirements of this chapter and such other rules and standards
  815  as may be required to facilitate the integrity, security, and
  816  reliability of online notarization, including the minimum
  817  amounts of and required terms of bonds and errors and omissions
  818  insurance to be held by an online notary public; education
  819  requirements for online notaries public; standards regarding
  820  identity proofing, credential analysis, unauthorized
  821  interception, remote presentation, tamper-evident technology,
  822  and audio-video communication technology; and may publish lists
  823  of technologies that satisfy the standards and are approved for
  824  use in online notarizations.
  825         (2) Until the Department of State adopts applicable rules,
  826  identity proofing, credential analysis, unauthorized
  827  interception, remote presentation, tamper-evident technology,
  828  and audio-video communication technology shall be governed by
  829  the following minimum standards:
  830         (a) Identity proofing by means of knowledge-based
  831  authentication shall have, at a minimum, the following security
  832  characteristics:
  833         1. The principal must be presented with five or more
  834  questions with a minimum of five possible answer choices per
  835  question.
  836         2. Each question must be drawn from a third-party provider
  837  of public and proprietary data sources and be identifiable to
  838  the principal’s social security number or other identification
  839  information, or the principal’s identity and historical events
  840  records.
  841         3. Responses to all questions must be made within a 2
  842  minute time constraint.
  843         4. The principal must answer a minimum of 80 percent of the
  844  questions correctly.
  845         5. The principal may be offered one additional attempt in
  846  the event of a failed attempt.
  847         6. During the second attempt, the principal may not be
  848  presented with more than three questions from the prior attempt.
  849         (b) Credential analysis must confirm that the credential is
  850  valid and matches the signer’s claimed identity using one or
  851  more automated processes which scan the credential, including
  852  its format features, data, barcodes, or other security features.
  853         (c) Tamper-evident technology requirements are deemed
  854  satisfied by use of technology that renders any subsequent
  855  change or modification to the electronic record evident.
  856         (d) Audio-video communication technology used in completing
  857  online notarizations must meet the following requirements:
  858         1. The signal transmission must be secure from
  859  interception, access, or viewing by anyone other than the
  860  participants communicating.
  861         2. The technology must provide sufficient audio clarity and
  862  video resolution to enable the notary to communicate with the
  863  principal and to confirm the identity of the principal using
  864  identification methods described in s. 117.265.
  865  
  866  An online notary public is not responsible for the security of
  867  the systems used by the principal or others to access the online
  868  notarization session.
  869         Section 17. Section 117.305, Florida Statutes, is created
  870  to read:
  871         117.305 Relation to federal law.—This part supersedes the
  872  Electronic Signatures in Global and National Commerce Act as
  873  authorized under 15 U.S.C. s. 7002, but does not modify, limit,
  874  or supersede the requirements set forth in 15 U.S.C. s. 7001(c)
  875  or authorize the electronic delivery of any order, notice, or
  876  document described in 15 U.S.C. s. 7003(b).
  877         Section 18. Present paragraph (h) of subsection (3) of
  878  section 28.222, Florida Statutes, is redesignated as paragraph
  879  (i), and a new paragraph (h) is added to that subsection, to
  880  read:
  881         28.222 Clerk to be county recorder.—
  882         (3) The clerk of the circuit court shall record the
  883  following kinds of instruments presented to him or her for
  884  recording, upon payment of the service charges prescribed by
  885  law:
  886         (h) Copies of any instruments originally created and
  887  executed using an electronic signature, as defined in s. 695.27,
  888  and certified to be a true and correct paper printout by a
  889  notary public in accordance with chapter 117, if the county
  890  recorder is not prepared to accept electronic documents for
  891  recording electronically.
  892         Section 19. Subsection (1) of section 95.231, Florida
  893  Statutes, is amended to read:
  894         95.231 Limitations where deed or will on record.—
  895         (1) Five years after the recording of an instrument
  896  required to be executed in accordance with s. 689.01; 5 years
  897  after the recording of a power of attorney accompanying and used
  898  for an instrument required to be executed in accordance with s.
  899  689.01; or 5 years after the probate of a will purporting to
  900  convey real property, from which it appears that the person
  901  owning the property attempted to convey, affect, or devise it,
  902  the instrument, power of attorney, or will shall be held to have
  903  its purported effect to convey, affect, or devise, the title to
  904  the real property of the person signing the instrument, as if
  905  there had been no lack of seal or seals, witness or witnesses,
  906  defect in, failure of, or absence of acknowledgment or
  907  relinquishment of dower, in the absence of fraud, adverse
  908  possession, or pending litigation. The instrument is admissible
  909  in evidence. A power of attorney validated under this subsection
  910  shall be valid only for the purpose of effectuating the
  911  instrument with which it was recorded.
  912         Section 20. Section 689.01, Florida Statutes, is amended to
  913  read:
  914         689.01 How real estate conveyed.—
  915         (1) No estate or interest of freehold, or for a term of
  916  more than 1 year, or any uncertain interest of, in or out of any
  917  messuages, lands, tenements or hereditaments shall be created,
  918  made, granted, transferred or released in any other manner than
  919  by instrument in writing, signed in the presence of two
  920  subscribing witnesses by the party creating, making, granting,
  921  conveying, transferring or releasing such estate, interest, or
  922  term of more than 1 year, or by the party’s lawfully authorized
  923  agent, unless by will and testament, or other testamentary
  924  appointment, duly made according to law; and no estate or
  925  interest, either of freehold, or of term of more than 1 year, or
  926  any uncertain interest of, in, to, or out of any messuages,
  927  lands, tenements or hereditaments, shall be assigned or
  928  surrendered unless it be by instrument signed in the presence of
  929  two subscribing witnesses by the party so assigning or
  930  surrendering, or by the party’s lawfully authorized agent, or by
  931  the act and operation of law. No seal shall be necessary to give
  932  validity to any instrument executed in conformity with this
  933  section. Corporations may execute any and all conveyances in
  934  accordance with the provisions of this section or ss. 692.01 and
  935  692.02.
  936         (2) For purposes of this chapter:
  937         (a) Any requirement that an instrument be signed in the
  938  presence of two subscribing witnesses may be satisfied by
  939  witnesses being present and electronically signing by means of
  940  audio-video communication technology that meets the requirements
  941  of part II of chapter 117 and any rules adopted thereunder.
  942         (b) The act of witnessing an electronic signature is
  943  satisfied if a witness is present either in physical proximity
  944  to the principal or by audio-video communication technology at
  945  the time the principal affixes his or her electronic signature
  946  and hears the principal make a statement acknowledging that the
  947  principal has signed the electronic record.
  948         (3) All acts of witnessing heretofore made or taken
  949  pursuant to subsection (2) are validated and, upon recording,
  950  may not be denied to have provided constructive notice based on
  951  any alleged failure to have strictly complied with this section,
  952  as currently or previously in effect, or the laws governing
  953  notarization of instruments, including online notarization, in
  954  this state.
  955         Section 21. Section 694.08, Florida Statutes, is amended to
  956  read:
  957         694.08 Certain instruments validated, notwithstanding lack
  958  of seals or witnesses, or defect in acknowledgment, etc.—
  959         (1) Whenever any power of attorney has been executed and
  960  delivered, or any conveyance has been executed and delivered to
  961  any grantee by the person owning the land therein described, or
  962  conveying the same in an official or representative capacity,
  963  and has, for a period of 7 years or more been spread upon the
  964  records of the county wherein the land therein described has
  965  been or was at the time situated, and one or more subsequent
  966  conveyances of said land or parts thereof have been made,
  967  executed, delivered and recorded by parties claiming under such
  968  instrument or instruments, and such power of attorney or
  969  conveyance, or the public record thereof, shows upon its face a
  970  clear purpose and intent of the person executing the same to
  971  authorize the conveyance of said land or to convey the said
  972  land, the same shall be taken and held by all the courts of this
  973  state, in the absence of any showing of fraud, adverse
  974  possession, or pending litigation, to have authorized the
  975  conveyance of, or to have conveyed, the fee simple title, or any
  976  interest therein, of the person signing such instruments, or the
  977  person in behalf of whom the same was conveyed by a person in an
  978  official or representative capacity, to the land therein
  979  described as effectively as if there had been no defect in,
  980  failure of, or absence of the acknowledgment or the certificate
  981  of acknowledgment, if acknowledged, or the relinquishment of
  982  dower, and as if there had been no lack of the word “as”
  983  preceding the title of the person conveying in an official or
  984  representative capacity, of any seal or seals, or of any witness
  985  or witnesses, and shall likewise be taken and held by all the
  986  courts of this state to have been duly recorded so as to be
  987  admissible in evidence;
  988         (2) Provided, however, that this section shall not apply to
  989  any conveyance the validity of which shall be contested or have
  990  been contested by suit commenced heretofore or within 1 year of
  991  the effective date of this law.
  992         Section 22. Section 695.03, Florida Statutes, is amended to
  993  read:
  994         695.03 Acknowledgment and proof; validation of certain
  995  acknowledgments; legalization or authentication before foreign
  996  officials.—To entitle any instrument concerning real property to
  997  be recorded, the execution must be acknowledged by the party
  998  executing it, proved by a subscribing witness to it, or
  999  legalized or authenticated by a civil-law notary or notary
 1000  public who affixes her or his official seal, before the officers
 1001  and in the following form and manner following:
 1002         (1) WITHIN THIS STATE.—An acknowledgment or a proof of a
 1003  person located made within this state may be made before a
 1004  judge, clerk, or deputy clerk of any court; a United States
 1005  commissioner or magistrate; or a notary public or civil-law
 1006  notary of this state, and the certificate of acknowledgment or
 1007  proof must be under the seal of the court or officer, as the
 1008  case may be. The affixing of the official seal, or the
 1009  electronic equivalent authorized under s. 117.021 or any other
 1010  state law, conclusively establishes that the acknowledgment or
 1011  proof was made in full compliance with the laws of this state.
 1012  All affidavits and acknowledgments heretofore made or taken in
 1013  this manner are hereby validated.
 1014         (2) OUT OF WITHOUT THIS STATE BUT WITHIN THE UNITED
 1015  STATES.—An acknowledgment or a proof of a person located outside
 1016  made out of this state but within the United States may be made
 1017  before an online notary public, a civil-law notary, of this
 1018  state or by a commissioner of deeds appointed by the Governor of
 1019  this state; a judge or clerk of any court of the United States
 1020  or of any state, territory, or district; a United States
 1021  commissioner or magistrate; or a notary public, justice of the
 1022  peace, master in chancery, or registrar or recorder of deeds of
 1023  any state, territory, or district having a seal, and the
 1024  certificate of acknowledgment or proof must be under the seal of
 1025  the court or officer, as the case may be. If the acknowledgment
 1026  or proof is made before a notary public who does not affix a
 1027  seal, it is sufficient for the notary public to type, print, or
 1028  write by hand on the instrument, “I am a Notary Public of the
 1029  State of ...(state)..., and my commission expires on
 1030  ...(date)....”
 1031         (3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN
 1032  COUNTRIES.—An If the acknowledgment, an affidavit, an oath, a
 1033  legalization, an authentication, or a proof of a person located
 1034  outside the United States or is made in a foreign country, it
 1035  may be made before a commissioner of deeds appointed by the
 1036  Governor of this state to act in such country; before a notary
 1037  public of such foreign country, an online notary public, or a
 1038  civil-law notary of this state or of such foreign country who
 1039  has an official seal; before an ambassador, envoy extraordinary,
 1040  minister plenipotentiary, minister, commissioner, charge
 1041  d’affaires, consul general, consul, vice consul, consular agent,
 1042  or other diplomatic or consular officer of the United States
 1043  appointed to reside in such country; or before a military or
 1044  naval officer authorized by 10 U.S.C. s. 1044a the Laws or
 1045  Articles of War of the United States to perform the duties of
 1046  notary public, and the certificate of acknowledgment,
 1047  legalization, authentication, or proof must be under the seal of
 1048  the officer. A certificate legalizing or authenticating the
 1049  signature of a person executing an instrument concerning real
 1050  property and to which a civil-law notary or notary public of
 1051  that country has affixed her or his official seal is sufficient
 1052  as an acknowledgment. For the purposes of this section, the term
 1053  “civil-law notary” means a civil-law notary as defined in
 1054  chapter 118 or an official of a foreign country who has an
 1055  official seal and who is authorized to make legal or lawful the
 1056  execution of any document in that jurisdiction, in which
 1057  jurisdiction the affixing of her or his official seal is deemed
 1058  proof of the execution of the document or deed in full
 1059  compliance with the laws of that jurisdiction.
 1060         (4) VALIDATION.—All affidavits, oaths, acknowledgments,
 1061  legalizations, authentications, or proofs made or taken in any
 1062  manner as set forth in subsections (1)-(3) are validated and
 1063  upon recording may not be denied to have provided constructive
 1064  notice based on any alleged failure to have strictly complied
 1065  with this section, as currently or previously in effect, or the
 1066  laws governing notarization of instruments.
 1067  
 1068  All affidavits, legalizations, authentications, and
 1069  acknowledgments heretofore made or taken in the manner set forth
 1070  above are hereby validated.
 1071         Section 23. Section 695.04, Florida Statutes, is amended to
 1072  read:
 1073         695.04 Requirements of certificate.—The certificate of the
 1074  officer before whom the acknowledgment or proof is taken, except
 1075  for a certificate legalizing or authenticating the signature of
 1076  a person executing an instrument concerning real property
 1077  pursuant to s. 695.03(3), shall contain and set forth
 1078  substantially the matter required to be done or proved to make
 1079  such acknowledgment or proof effectual as set forth in s.
 1080  117.05.
 1081         Section 24. Section 695.05, Florida Statutes, is amended to
 1082  read:
 1083         695.05 Certain defects cured as to acknowledgments and
 1084  witnesses.—All deeds, conveyances, bills of sale, mortgages or
 1085  other transfers of real or personal property within the limits
 1086  of this state, heretofore or hereafter made and received bona
 1087  fide and upon good consideration by any corporation, and
 1088  acknowledged for record by before some officer, stockholder or
 1089  other person interested in the corporation, grantee, or
 1090  mortgagee as a notary public or other officer authorized to take
 1091  acknowledgments of instruments for record within this state,
 1092  shall be held, deemed and taken as valid as if acknowledged by
 1093  the proper notary public or other officer authorized to take
 1094  acknowledgments of instruments for record in this state not so
 1095  interested in said corporation, grantee or mortgagee; and said
 1096  instrument whenever recorded shall be deemed notice to all
 1097  persons; provided, however, that this section shall not apply to
 1098  any instrument heretofore made, the validity of which shall be
 1099  contested by suit commenced within 1 year of the effective date
 1100  of this law.
 1101         Section 25. Section 695.28, Florida Statutes, is amended to
 1102  read:
 1103         695.28 Validity of recorded electronic documents.—
 1104         (1) A document that is otherwise entitled to be recorded
 1105  and that was or is submitted to the clerk of the court or county
 1106  recorder by electronic or other means and accepted for
 1107  recordation is deemed validly recorded and provides notice to
 1108  all persons notwithstanding:
 1109         (a) That the document was received and accepted for
 1110  recordation before the Department of State adopted standards
 1111  implementing s. 695.27; or
 1112         (b) Any defects in, deviations from, or the inability to
 1113  demonstrate strict compliance with any statute, rule, or
 1114  procedure relating to electronic signatures, electronic
 1115  witnesses, electronic notarization, or online notarization, or
 1116  for submitting or recording to submit or record an electronic
 1117  document in effect at the time the electronic document was
 1118  executed or was submitted for recording;
 1119         (c) That the document was signed, witnessed, or notarized
 1120  electronically or that witnessing or notarization may have been
 1121  done outside the physical presence of the notary public or
 1122  principal; or
 1123         (d) That the document recorded was a certified printout of
 1124  a document to which one or more electronic signatures have been
 1125  affixed.
 1126         (2) This section does not alter the duty of the clerk or
 1127  recorder to comply with s. 28.222, s. 695.27, or any rules
 1128  adopted pursuant to those sections that section.
 1129         (3) This section does not preclude a challenge to the
 1130  validity or enforceability of an instrument or electronic record
 1131  based upon fraud, forgery, impersonation, duress, undue
 1132  influence, minority, illegality, unconscionability, or any other
 1133  basis not in the nature of those matters described in subsection
 1134  (1).
 1135         Section 26. This act shall take effect January 1, 2019.