Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 1042
       
       
       
       
       
       
                                Ì233988bÎ233988                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1a/AD/2R         .                                
             03/06/2018 10:47 AM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment to Amendment (343146) (with title
    2  amendment)
    3  
    4         Delete lines 1144 - 1170
    5  and insert:
    6  purpose, of revocation. An electronic will or codicil is revoked
    7  by the testator, or some other person in the testator’s presence
    8  and at the testator’s direction, by deleting, canceling,
    9  rendering unreadable, or obliterating the electronic will or
   10  codicil, with the intent, and for the purpose, of revocation, as
   11  proved by clear and convincing evidence.
   12         Section 29. Effective July 1, 2019, section 740.10, Florida
   13  Statutes, is created to read:
   14         740.10 Relation to wills.—No act taken pursuant to this
   15  chapter is valid to affect the obligation of a person to deposit
   16  a will of a decedent as required under s. 732.901.
   17         Section 30. Effective July 1, 2019, section 732.521,
   18  Florida Statutes, is created to read:
   19         732.521 Definitions.—As used in ss. 732.521-732.525, the
   20  term:
   21         (1) “Audio-video communication technology” has the same
   22  meaning as provided in s. 117.201.
   23         (2) “Electronic signature” means an electronic mark visibly
   24  manifested in a record as a signature and executed or adopted by
   25  a person with the intent to sign the record.
   26         (3) “Electronic will” means an instrument, including a
   27  codicil, executed with an electronic signature by a person in
   28  the manner prescribed by this code, which disposes of the
   29  person’s property on or after his or her death and includes an
   30  instrument which merely appoints a personal representative or
   31  revokes or revises another will.
   32         (4) “Online notarization” has the same meaning as provided
   33  in s. 117.201.
   34         (5) “Online notary public” has the same meaning as provided
   35  in s. 117.201.
   36         Section 31. Effective July 1, 2019, section 732.522,
   37  Florida Statutes, is created to read:
   38         732.522 Method and place of execution.—For purposes of the
   39  execution or filing of an electronic will, the acknowledgment of
   40  an electronic will by the testator and the affidavits of
   41  witnesses under s. 732.503, or any other instrument under the
   42  Florida Probate Code:
   43  
   44  ================= T I T L E  A M E N D M E N T ================
   45  And the title is amended as follows:
   46         Delete line 1332
   47  and insert:
   48         revocation of wills and codicils; prescribing the
   49         manner by which an electronic will or codicil may be
   50         revoked; creating s. 740.10, F.S.; specifying that any
   51         act taken pursuant to ch. 740, F.S., does not affect
   52         the requirement that a will be deposited within a
   53         certain timeframe; creating s. 732.521,