Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 206
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/25/2017           .                                

       The Committee on Rules (Passidomo) recommended the following:
    1         Senate Amendment 
    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.
   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         732.526Probate.—An electronic will, other than a
  119  holographic or nuncupative will, of a nonresident of