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