Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1042
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 533 - 553
    4  and insert:
    5         (1) An online notary public may perform any of the
    6  functions authorized under part I of this chapter as an online
    7  notarization, excluding:
    8         (a) Solemnizing the rites of matrimony;
    9         (b) A notarial act in connection with the creation and
   10  execution of a will, codicil, or revocable trust for
   11  testamentary purposes; and
   12         (c) A contract, an agreement, or a waiver subject to ss.
   13  732.701 and 732.702.
   14         (2) If a notarial act requires a principal to appear before
   15  or in the presence of the online notary public, the principal
   16  may appear before the online notary public by means of audio
   17  video communication technology that meets the requirements of
   18  this chapter and any rules adopted by the Executive Office of
   19  the Governor under s. 117.295.
   20         (3) An online notary public may perform a notarial act as
   21  an online notarization as authorized under this chapter
   22  regardless of the physical location of the principal at the time
   23  of the notarial act, provided the notary public is physically
   24  located in this state while performing the online notarization.
   25         (4) The validity of an online notarization performed by an
   26  online notary public appointed in this state shall be determined
   27  by applicable laws of this state regardless of the physical
   28  location of the principal at the time of the notarial act.
   29         Section 8. Section 117.215, Florida Statutes, is created to
   30  read:
   31         117.215 Relation to other laws.—With the exception of laws
   32  governing the creation and execution of wills, codicils, and
   33  revocable trusts for testamentary purposes, or contracts,
   34  agreements, or waivers subject to ss. 732.701 and 732.702:
   36  ================= T I T L E  A M E N D M E N T ================
   37  And the title is amended as follows:
   38         Delete line 29
   39  and insert:
   40         online notarizations; providing exceptions; creating