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 is authorized 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 of this 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.