Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 548
       
       
       
       
       
       
                                Ì2550662Î255066                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2019           .                                
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       The Committee on Judiciary (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The Division of Law Revision is directed to:
    6         (1)Create part I of chapter 117, Florida Statutes,
    7  consisting of ss. 117.01-117.108, Florida Statutes, to be
    8  entitled “General Provisions.”
    9         (2)Create part II of chapter 117, Florida Statutes,
   10  consisting of ss. 117.201-117.305, Florida Statutes, to be
   11  entitled “Online Notarizations.”
   12         Section 2. Subsection (1) of section 117.01, Florida
   13  Statutes, is amended to read:
   14         117.01 Appointment, application, suspension, revocation,
   15  application fee, bond, and oath.—
   16         (1) The Governor may appoint as many notaries public as he
   17  or she deems necessary, each of whom must shall be at least 18
   18  years of age and a legal resident of this the state. A permanent
   19  resident alien may apply and be appointed and shall file with
   20  his or her application a recorded Declaration of Domicile. The
   21  residence required for appointment must be maintained throughout
   22  the term of appointment. A notary public Notaries public shall
   23  be appointed for 4 years and may only shall use and exercise the
   24  office of notary public if he or she is within the boundaries of
   25  this state. An applicant must be able to read, write, and
   26  understand the English language.
   27         Section 3. Present subsections (4) and (5) of section
   28  117.021, Florida Statutes, are renumbered as subsections (5) and
   29  (6), respectively, new subsections (4) and (7) are added to that
   30  section, and subsection (2) of that section is amended, to read:
   31         117.021 Electronic notarization.—
   32         (2) In performing an electronic notarial act, a notary
   33  public shall use an electronic signature that is:
   34         (a) Unique to the notary public;
   35         (b) Capable of independent verification;
   36         (c) Retained under the notary public’s sole control and
   37  includes access protection through the use of passwords or codes
   38  under control of the notary public; and
   39         (d) Attached to or logically associated with the electronic
   40  document in a manner that any subsequent alteration to the
   41  electronic document displays evidence of the alteration.
   42         (4)A person may not require a notary public to perform a
   43  notarial act with respect to an electronic record with a form of
   44  technology that the notary public has not selected to use.
   45         (7)The Department of State, in collaboration with the
   46  Agency for State Technology, shall adopt rules establishing
   47  standards for tamper-evident technologies that will indicate any
   48  alteration or change to an electronic record after completion of
   49  an electronic notarial act. All electronic notarizations
   50  performed on or after January 1, 2020, must comply with the
   51  adopted standards.
   52         Section 4. Subsection (1), paragraph (a) of subsection (2),
   53  subsections (4) and (5), paragraph (a) of subsection (12), and
   54  subsections (13) and (14) of section 117.05, Florida Statutes,
   55  are amended, and paragraph (c) is added to subsection (12) of
   56  that section, to read:
   57         117.05 Use of notary commission; unlawful use; notary fee;
   58  seal; duties; employer liability; name change; advertising;
   59  photocopies; penalties.—
   60         (1) A No person may not shall obtain or use a notary public
   61  commission in other than his or her legal name, and it is
   62  unlawful for a notary public to notarize his or her own
   63  signature. Any person applying for a notary public commission
   64  must submit proof of identity to the Department of State if so
   65  requested. Any person who violates the provisions of this
   66  subsection commits is guilty of a felony of the third degree,
   67  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   68         (2)(a) The fee of a notary public may not exceed $10 for
   69  any one notarial act, except as provided in s. 117.045 or s.
   70  117.275.
   71         (4) When notarizing a signature, a notary public shall
   72  complete a jurat or notarial certificate in substantially the
   73  same form as those found in subsection (13). The jurat or
   74  certificate of acknowledgment shall contain the following
   75  elements:
   76         (a) The venue stating the location of the notary public at
   77  the time of the notarization in the format, “State of Florida,
   78  County of .............”
   79         (b) The type of notarial act performed, an oath or an
   80  acknowledgment, evidenced by the words “sworn” or
   81  “acknowledged.”
   82         (c) Whether That the signer personally appeared before the
   83  notary public at the time of the notarization by physical
   84  presence or by means of audio-video communication technology as
   85  authorized under part II of this chapter.
   86         (d) The exact date of the notarial act.
   87         (e) The name of the person whose signature is being
   88  notarized. It is presumed, absent such specific notation by the
   89  notary public, that notarization is to all signatures.
   90         (f) The specific type of identification the notary public
   91  is relying upon in identifying the signer, either based on
   92  personal knowledge or satisfactory evidence specified in
   93  subsection (5).
   94         (g) The notary public’s notary’s official signature.
   95         (h) The notary public’s notary’s name, which must be typed,
   96  printed, or stamped below the signature.
   97         (i) The notary public’s notary’s official seal affixed
   98  below or to either side of the notary public’s notary’s
   99  signature.
  100         (5) A notary public may not notarize a signature on a
  101  document unless he or she personally knows, or has satisfactory
  102  evidence, that the person whose signature is to be notarized is
  103  the individual who is described in and who is executing the
  104  instrument. A notary public shall certify in the certificate of
  105  acknowledgment or jurat the type of identification, either based
  106  on personal knowledge or other form of identification, upon
  107  which the notary public is relying. In the case of an online
  108  notarization, the online notary public shall comply with the
  109  requirements set forth in part II of this chapter.
  110         (a) For purposes of this subsection, the term “personally
  111  knows” means having an acquaintance, derived from association
  112  with the individual, which establishes the individual’s identity
  113  with at least a reasonable certainty.
  114         (b) For the purposes of this subsection, the term
  115  “satisfactory evidence” means the absence of any information,
  116  evidence, or other circumstances which would lead a reasonable
  117  person to believe that the person whose signature is to be
  118  notarized is not the person he or she claims to be and any one
  119  of the following:
  120         1. The sworn written statement of one credible witness
  121  personally known to the notary public or the sworn written
  122  statement of two credible witnesses whose identities are proven
  123  to the notary public upon the presentation of satisfactory
  124  evidence that each of the following is true:
  125         a. That the person whose signature is to be notarized is
  126  the person named in the document;
  127         b. That the person whose signature is to be notarized is
  128  personally known to the witnesses;
  129         c. That it is the reasonable belief of the witnesses that
  130  the circumstances of the person whose signature is to be
  131  notarized are such that it would be very difficult or impossible
  132  for that person to obtain another acceptable form of
  133  identification;
  134         d. That it is the reasonable belief of the witnesses that
  135  the person whose signature is to be notarized does not possess
  136  any of the identification documents specified in subparagraph
  137  2.; and
  138         e. That the witnesses do not have a financial interest in
  139  nor are parties to the underlying transaction; or
  140         2. Reasonable reliance on the presentation to the notary
  141  public of any one of the following forms of identification, if
  142  the document is current or has been issued within the past 5
  143  years and bears a serial or other identifying number:
  144         a. A Florida identification card or driver license issued
  145  by the public agency authorized to issue driver licenses;
  146         b. A passport issued by the Department of State of the
  147  United States;
  148         c. A passport issued by a foreign government if the
  149  document is stamped by the United States Bureau of Citizenship
  150  and Immigration Services;
  151         d. A driver license or an identification card issued by a
  152  public agency authorized to issue driver licenses in a state
  153  other than Florida or in, a territory of the United States, or
  154  Canada or Mexico;
  155         e. An identification card issued by any branch of the armed
  156  forces of the United States;
  157         f. A veteran health identification card issued by the
  158  United States Department of Veterans Affairs;
  159         g. An inmate identification card issued on or after January
  160  1, 1991, by the Florida Department of Corrections for an inmate
  161  who is in the custody of the department;
  162         h. An inmate identification card issued by the United
  163  States Department of Justice, Bureau of Prisons, for an inmate
  164  who is in the custody of the department;
  165         i. A sworn, written statement from a sworn law enforcement
  166  officer that the forms of identification for an inmate in an
  167  institution of confinement were confiscated upon confinement and
  168  that the person named in the document is the person whose
  169  signature is to be notarized; or
  170         j. An identification card issued by the United States
  171  Bureau of Citizenship and Immigration Services.
  172         (12)(a) A notary public may supervise the making of a copy
  173  of a tangible or an electronic record or the printing of an
  174  electronic record photocopy of an original document and attest
  175  to the trueness of the copy or of the printout, provided the
  176  document is neither a vital record in this state, another state,
  177  a territory of the United States, or another country, nor a
  178  public record, if a copy can be made by the custodian of the
  179  public record.
  180         (c)A notary public must use a certificate in substantially
  181  the following form in notarizing a copy of a tangible or an
  182  electronic record or a printout of an electronic record:
  183  
  184  STATE OF FLORIDA
  185  COUNTY OF ........
  186  
  187  On this .... day of ........, ...(year)..., I attest that the
  188  preceding or attached document is a true, exact, complete, and
  189  unaltered ...(copy of a tangible or an electronic record
  190  presented to me by the document’s custodian)... or a
  191  ...(printout made by me from such record).... If a printout, I
  192  further attest that, at the time of printing, no security
  193  features, if any, present on the electronic record, indicated
  194  that the record had been altered since execution.
  195  
  196  ...(Signature of Notary Public — State of Florida)...
  197  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  198  
  199         (13) The following notarial certificates are sufficient for
  200  the purposes indicated, if completed with the information
  201  required by this chapter. The specification of forms under this
  202  subsection does not preclude the use of other forms.
  203         (a) For an oath or affirmation:
  204  
  205  STATE OF FLORIDA
  206  COUNTY OF ........
  207  
  208         Sworn to (or affirmed) and subscribed before me by means of
  209  [] physical presence or [] online notarization, this .... day of
  210  ........, ...(year)..., by ...(name of person making
  211  statement)....
  212  
  213  ...(Signature of Notary Public - State of Florida)...
  214  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  215         Personally Known ........ OR Produced Identification
  216  ........
  217         Type of Identification Produced	
  218  
  219         (b) For an acknowledgment in an individual capacity:
  220  
  221  STATE OF FLORIDA
  222  COUNTY OF ........
  223  
  224  The foregoing instrument was acknowledged before me by means of
  225  [] physical presence or [] online notarization, this .... day of
  226  ........, ...(year)..., by ...(name of person acknowledging)....
  227  
  228  ...(Signature of Notary Public - State of Florida)...
  229  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  230         Personally Known ........ OR Produced Identification
  231  ........
  232         Type of Identification Produced	
  233  
  234         (c) For an acknowledgment in a representative capacity:
  235  
  236  STATE OF FLORIDA
  237  COUNTY OF ........
  238  
  239  The foregoing instrument was acknowledged before me by means of
  240  [] physical presence or [] online notarization, this .... day of
  241  ........, ...(year)..., by ...(name of person)... as ...(type of
  242  authority, . . . e.g. officer, trustee, attorney in fact)... for
  243  ...(name of party on behalf of whom instrument was executed)....
  244  
  245  ...(Signature of Notary Public - State of Florida)...
  246  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  247         Personally Known ........ OR Produced Identification
  248  ........
  249         Type of Identification Produced	
  250  
  251         (14) A notary public must make reasonable accommodations to
  252  provide notarial services to persons with disabilities.
  253         (a) A notary public may notarize the signature of a person
  254  who is blind after the notary public has read the entire
  255  instrument to that person.
  256         (b) A notary public may notarize the signature of a person
  257  who signs with a mark if:
  258         1. The document signing is witnessed by two disinterested
  259  persons;
  260         2. The notary public prints the person’s first name at the
  261  beginning of the designated signature line and the person’s last
  262  name at the end of the designated signature line; and
  263         3. The notary public prints the words “his (or her) mark”
  264  below the person’s signature mark.
  265         (c) The following notarial certificates are sufficient for
  266  the purpose of notarizing for a person who signs with a mark:
  267         1. For an oath or affirmation:
  268  
  269  ...(First Name)... ...(Last Name)...
  270  ...His (or Her) Mark...
  271  
  272  STATE OF FLORIDA
  273  COUNTY OF ........
  274  
  275  Sworn to and subscribed before me by means of [] physical
  276  presence or [] online notarization, this .... day of ........,
  277  ...(year)..., by ...(name of person making statement)..., who
  278  signed with a mark in the presence of these witnesses:
  279  
  280  ...(Signature of Notary Public - State of Florida)...
  281  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  282         Personally Known ........ OR Produced Identification
  283  ........
  284         Type of Identification Produced	
  285  
  286         2. For an acknowledgment in an individual capacity:
  287  
  288  ...(First Name)... ...(Last Name)...
  289  ...His (or Her) Mark...
  290  
  291  STATE OF FLORIDA
  292  COUNTY OF ........
  293  
  294  The foregoing instrument was acknowledged before me by means of
  295  [] physical presence or [] online notarization, this .... day of
  296  ........, ...(year)..., by ...(name of person acknowledging)...,
  297  who signed with a mark in the presence of these witnesses:
  298  
  299  ...(Signature of Notary Public - State of Florida)...
  300  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  301         Personally Known ........ OR Produced Identification
  302  ........
  303         Type of Identification Produced	
  304  
  305         (d) A notary public may sign the name of a person whose
  306  signature is to be notarized when that person is physically
  307  unable to sign or make a signature mark on a document if:
  308         1. The person with a disability directs the notary public
  309  to sign in his or her presence by verbal, written, or other
  310  means;
  311         2. The document signing is witnessed by two disinterested
  312  persons; and
  313         3. The notary public writes below the signature the
  314  following statement: “Signature affixed by notary, pursuant to
  315  s. 117.05(14), Florida Statutes,” and states the circumstances
  316  and the means by which the notary public was directed to sign of
  317  the signing in the notarial certificate.
  318  
  319  The notary public must maintain the proof of direction and
  320  authorization to sign on behalf of the person with a disability
  321  for 10 years from the date of the notarial act.
  322         (e) The following notarial certificates are sufficient for
  323  the purpose of notarizing for a person with a disability who
  324  directs the notary public to sign his or her name:
  325         1. For an oath or affirmation:
  326  
  327  STATE OF FLORIDA
  328  COUNTY OF ........
  329  
  330  Sworn to (or affirmed) before me by means of [] physical
  331  presence or [] online notarization, this .... day of ........,
  332  ...(year)..., by ...(name of person making statement)..., and
  333  subscribed by ...(name of notary)... at the direction of and in
  334  the presence of ...(name of person making statement)... by
  335  ...(written, verbal, or other means)..., and in the presence of
  336  these witnesses:
  337  
  338  ...(Signature of Notary Public - State of Florida)...
  339  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  340         Personally Known ........ OR Produced Identification
  341  ........
  342         Type of Identification Produced	
  343  
  344         2. For an acknowledgment in an individual capacity:
  345  
  346  STATE OF FLORIDA
  347  COUNTY OF ........
  348  
  349  The foregoing instrument was acknowledged before me by means of
  350  [] physical presence or [] online notarization, this .... day of
  351  ........, ...(year)..., by ...(name of person acknowledging)...
  352  and subscribed by ...(name of notary)... at the direction of and
  353  in the presence of ...(name of person acknowledging)..., and in
  354  the presence of these witnesses:
  355  
  356  ...(Signature of Notary Public - State of Florida)...
  357  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  358         Personally Known ........ OR Produced Identification
  359  ........
  360         Type of Identification Produced	
  361  
  362         Section 5. Subsections (2) and (9) of section 117.107,
  363  Florida Statutes, are amended to read:
  364         117.107 Prohibited acts.—
  365         (2) A notary public may not sign notarial certificates
  366  using a facsimile signature stamp unless the notary public has a
  367  physical disability that limits or prohibits his or her ability
  368  to make a written signature and unless the notary public has
  369  first submitted written notice to the Department of State with
  370  an exemplar of the facsimile signature stamp. This subsection
  371  does not apply to or prohibit the use of an electronic signature
  372  and seal by a notary public who is registered as an online
  373  notary public to perform an electronic or online notarization in
  374  accordance with this chapter.
  375         (9) A notary public may not notarize a signature on a
  376  document if the person whose signature is being notarized does
  377  not appear before the notary public either by means of physical
  378  presence or by means of audio-video communication technology as
  379  authorized under part II of this chapter is not in the presence
  380  of the notary public at the time the signature is notarized. Any
  381  notary public who violates this subsection is guilty of a civil
  382  infraction, punishable by penalty not exceeding $5,000, and such
  383  violation constitutes malfeasance and misfeasance in the conduct
  384  of official duties. It is no defense to the civil infraction
  385  specified in this subsection that the notary public acted
  386  without intent to defraud. A notary public who violates this
  387  subsection with the intent to defraud is guilty of violating s.
  388  117.105.
  389         Section 6. Section 117.201, Florida Statutes, is created to
  390  read:
  391         117.201Definitions.—As used in this part, the term:
  392         (1)“Appear before,” “before,” or “in the presence of”
  393  mean:
  394         (a)In the physical presence of another person; or
  395         (b)Outside of the physical presence of another person, but
  396  able to see, hear, and communicate with the person by means of
  397  audio-video communication technology.
  398         (2)“Audio-video communication technology” means technology
  399  in compliance with applicable law which enables real-time, two
  400  way communication using electronic means in which participants
  401  are able to see, hear, and communicate with one another.
  402         (3)“Credential analysis” means a process or service, in
  403  compliance with applicable law, in which a third party aids a
  404  public notary in affirming the validity of a government-issued
  405  identification credential and data thereon through review of
  406  public or proprietary data sources.
  407         (4)“Electronic,” “electronic record,” or “electronic
  408  signature” has the same meaning as provided in s. 668.50.
  409         (5)“Errors and omissions insurance” means a type of
  410  insurance that provides coverage for potential errors or
  411  omissions in or relating to the notarial act and is maintained,
  412  as applicable, by the online notary public or his or her
  413  employer, or a Remote Online Notarization service provider.
  414         (6)“Government-issued identification credential” means any
  415  approved credential for verifying identity under s.
  416  117.05(5)(b)2.
  417         (7)“Identity proofing” means a process or service in
  418  compliance with applicable law in which a third party affirms
  419  the identity of an individual through use of public or
  420  proprietary data sources, which may include by means of
  421  knowledge-based authentication or biometric verification.
  422         (8)“Knowledge-based authentication” means a form of
  423  identity proofing based on a set of questions which pertain to
  424  an individual and are formulated from public or proprietary data
  425  sources.
  426         (9)“Online notarization” means the performance of a
  427  notarial act using electronic means in which the principal
  428  appears before the notary public by means of audio-video
  429  communication technology.
  430         (10)“Online notary public” means a notary public
  431  commissioned under part I of this chapter, a civil-law notary
  432  appointed under chapter 118, or a commissioner of deeds
  433  appointed under part IV of chapter 721, who has registered with
  434  the Department of State to perform online notarizations under
  435  this part.
  436         (11)“Physical presence” means being in the same physical
  437  location as another person and close enough to see, hear,
  438  communicate with, and exchange credentials with that person.
  439         (12)“Principal” means an individual whose electronic
  440  signature is acknowledged, witnessed, or attested to in an
  441  online notarization or who takes an oath or affirmation
  442  administered by the online notary public.
  443         (13)“Record” means information that is inscribed on a
  444  tangible medium or that is stored in an electronic or other
  445  medium and is retrievable in perceivable form, including public
  446  records as defined in s. 119.011.
  447         (14)“Remote Online Notarization service provider” or “RON
  448  service provider” means a person that provides audio-video
  449  communication technology and related processes, services,
  450  software, data storage, or other services to online notaries
  451  public for the purpose of directly facilitating their
  452  performance of online notarizations in compliance with this
  453  chapter and any rules adopted by the Department of State
  454  pursuant to s. 117.295.
  455         (15)“Remote presentation” means transmission of an image
  456  of a government-issued identification credential that is of
  457  sufficient quality to enable the online notary public to
  458  identify the individual seeking the notary’s services and to
  459  perform credential analysis through audio-video communication
  460  technology.
  461         Section 7. Section 117.209, Florida Statutes, is created to
  462  read:
  463         117.209Authority to perform online notarizations.—
  464         (1)An online notary public may perform any of the
  465  functions authorized under part I of this chapter as an online
  466  notarization by complying with the requirements of this part and
  467  any rules adopted by the Department of State pursuant to s.
  468  117.295, excluding solemnizing the rites of matrimony.
  469         (2)If a notarial act requires a principal to appear before
  470  or in the presence of the online notary public, the principal
  471  may appear before the online notary public by means of audio
  472  video communication technology that meets the requirements of
  473  this part and any rules adopted by the Department of State
  474  pursuant to s. 117.295.
  475         (3)An online notary public physically located in this
  476  state may perform an online notarization as authorized under
  477  this part, regardless of whether the principal or any witnesses
  478  are physically located in this state at the time of the online
  479  notarization. A commissioner of deeds registered as an online
  480  notary public may perform an online notarization while
  481  physically located within or outside the state in accordance
  482  with the territorial limits of its jurisdiction and other
  483  limitations and requirements otherwise applicable to notarial
  484  acts by commissioners of deeds.
  485         (4)The validity of an online notarization performed by an
  486  online notary public registered in this state shall be
  487  determined by applicable laws of this state regardless of the
  488  physical location of the principal or any witnesses at the time
  489  of the notarial act.
  490         Section 8. Section 117.215, Florida Statutes, is created to
  491  read:
  492         117.215Relation to other laws.—
  493         (1)If a provision of law requires a notary public or other
  494  authorized official of this state to notarize a signature or a
  495  statement, to take an acknowledgment of an instrument, or to
  496  administer an oath or affirmation so that a document may be
  497  sworn, affirmed, made under oath, or subject to penalty of
  498  perjury, an online notarization performed in accordance with the
  499  provisions of this part and any rules adopted hereunder
  500  satisfies such requirement.
  501         (2)If a provision of law requires a signature or an act to
  502  be witnessed, compliance with the online electronic witnessing
  503  standards prescribed in s. 117.285 and any rules adopted
  504  thereunder satisfies that requirement.
  505         Section 9. Section 117.225, Florida Statutes, is created to
  506  read:
  507         117.225Registration; qualifications.—A notary public, a
  508  civil-law notary appointed under chapter 118, or a commissioner
  509  of deeds appointed under part IV of chapter 721 may complete
  510  registration as an online notary public with the Department of
  511  State by:
  512         (1)Holding a current commission as a notary public under
  513  part I of this chapter, an appointment as a civil-law notary
  514  under chapter 118, or an appointment as a commissioner of deeds
  515  under part IV of chapter 721, and submitting a copy of such
  516  commission or proof of such appointment with his or her
  517  registration.
  518         (2)Certifying that the notary public, civil-law notary, or
  519  commissioner of deeds registering as an online notary public has
  520  completed a classroom or online course covering the duties,
  521  obligations, and technology requirements for serving as an
  522  online notary public.
  523         (3)Paying a notary public registration fee as required by
  524  s. 113.01.
  525         (4)Submitting a registration as an online notary public to
  526  the Department of State, signed and sworn to by the registrant.
  527         (5)Identifying the RON service provider whose audio-video
  528  communication technology and processes for credential analysis
  529  and identity proofing technologies the registrant intends to use
  530  for online notarizations, and confirming that such technology
  531  and processes satisfy the requirements of this chapter and any
  532  rules adopted by the Department of State pursuant to s. 117.295.
  533         (6)Providing evidence satisfactory to the Department of
  534  State that the registrant has obtained a bond in the amount of
  535  $25,000, payable to any individual harmed as a result of a
  536  breach of duty by the registrant acting in his or her official
  537  capacity as an online notary public, conditioned for the due
  538  discharge of the office, and on such terms as are specified in
  539  rule by the Department of State as reasonably necessary to
  540  protect the public. The bond shall be approved and filed with
  541  the Department of State and executed by a surety company duly
  542  authorized to transact business in this state. Compliance by an
  543  online notary public with this requirement shall satisfy the
  544  requirement of obtaining a bond under s. 117.01(7).
  545         (7)Providing evidence satisfactory to the Department of
  546  State that the registrant acting in his or her capacity as an
  547  online notary public is covered by an errors and omissions
  548  insurance policy from an insurer authorized to transact business
  549  in this state, in the minimum amount of $25,000 and on such
  550  terms as are specified by rule by the Department of State as
  551  reasonably necessary to protect the public.
  552         Section 10. Section 117.235, Florida Statutes, is created
  553  to read:
  554         117.235Performance of notarial acts.—
  555         (1)An online notary public is subject to part I of this
  556  chapter to the same extent as a notary public appointed and
  557  commissioned only under that part, including the provisions of
  558  s. 117.021 relating to electronic notarizations.
  559         (2)An online notary public may perform notarial acts as
  560  provided by part I of this chapter in addition to performing
  561  online notarizations as authorized and pursuant to the
  562  provisions of this part.
  563         Section 11. Section 117.245, Florida Statutes, is created
  564  to read:
  565         117.245Electronic journal of online notarizations.—
  566         (1)An online notary public shall keep one or more secure
  567  electronic journals of online notarizations performed by the
  568  online notary public. For each online notarization, the
  569  electronic journal entry must contain all of the following:
  570         (a)The date and time of the notarization.
  571         (b)The type of notarial act.
  572         (c)The type, the title, or a description of the electronic
  573  record or proceeding.
  574         (d)The name and address of each principal involved in the
  575  transaction or proceeding.
  576         (e)Evidence of identity of each principal involved in the
  577  transaction or proceeding in any of the following forms:
  578         1.A statement that the person is personally known to the
  579  online notary public.
  580         2.A notation of the type of government-issued
  581  identification credential provided to the online notary public.
  582         (f)An indication that the principal satisfactorily passed
  583  the identity proofing.
  584         (g)An indication that the government-issued identification
  585  credential satisfied the credential analysis.
  586         (h)The fee, if any, charged for the notarization.
  587         (2)The online notary public shall retain an uninterrupted
  588  and unedited copy of the recording of the audio-video
  589  communication in which an online notarization is performed. The
  590  recording must include all of the following:
  591         (a) Appearance by the principal and any witness before the
  592  online notary public.
  593         (b) Confirmation of the identity of the principal and any
  594  witness.
  595         (c) A general description or identification of the records
  596  to be signed.
  597         (d) At the commencement of the recording, recitation by the
  598  online notary public of information sufficient to identify the
  599  notarial act.
  600         (e) A declaration by the principal that his or her
  601  signature on the record is knowingly and voluntarily made.
  602         (f) All of the actions and spoken words of the principal,
  603  notary public, and any required witness during the entire online
  604  notarization, including the signing of any records before the
  605  online notary public.
  606         (3)The online notary public shall take reasonable steps
  607  to:
  608         (a)Ensure the integrity, security, and authenticity of
  609  online notarizations.
  610         (b)Maintain a backup record of the electronic journal
  611  required by subsection (1).
  612         (c)Protect the electronic journal, the backup record, and
  613  any other records received by the online notary public from
  614  unauthorized access or use.
  615         (4)The electronic journal required under subsection (1)
  616  and the recordings of audio-video communications required under
  617  subsection (2) shall be maintained for at least 10 years after
  618  the date of the notarial act. However, a full copy of the
  619  recording of the audio-video communication required under
  620  subsection (2) relating to an online notarization session that
  621  involves the signing of an electronic will must be maintained by
  622  a qualified custodian in accordance with chapters 731 and 732.
  623  The Department of State maintains jurisdiction over the
  624  electronic journal and audio-video communication recordings to
  625  investigate notarial misconduct for a period of 10 years after
  626  the date of the notarial act. The online notary public, a
  627  guardian of an incapacitated online notary public, or the
  628  personal representative of a deceased online notary public may,
  629  by contract with a secure repository in accordance with any
  630  rules established under this chapter, delegate to the repository
  631  the online notary public’s duty to retain the electronic journal
  632  and the required recordings of audio-video communications,
  633  provided that the Department of State is notified of such
  634  delegation of retention duties to the repository within 30 days
  635  thereafter, including the address and contact information for
  636  the repository. If an online notary public delegates to a secure
  637  repository under this section, the online notary public shall
  638  make an entry in his or her electronic journal identifying such
  639  repository, and provide notice to the Department of State as
  640  required in this subsection.
  641         (5)An omitted or incomplete entry in the electronic
  642  journal does not impair the validity of the notarial act or of
  643  the electronic record which was notarized, but may be introduced
  644  as evidence to establish violations of this chapter; as evidence
  645  of possible fraud, forgery, impersonation, duress, incapacity,
  646  undue influence, minority, illegality, unconscionability; or for
  647  other evidentiary purposes. However, if the recording of the
  648  audio-video communication required under subsection (2) relating
  649  to the online notarization of the execution of an electronic
  650  will cannot be produced by the online notary public or the
  651  qualified custodian, the electronic will shall be treated as a
  652  lost or destroyed will subject to s. 733.207.
  653         Section 12. Section 117.255, Florida Statutes, is created
  654  to read:
  655         117.255Use of electronic journal, signature, and seal.—An
  656  online notary public shall:
  657         (1)Take reasonable steps to ensure that any registered
  658  device used to create an electronic seal is current and has not
  659  been revoked or terminated by the issuing or registering
  660  authority of the device.
  661         (2)Keep the electronic journal and electronic seal secure
  662  and under his or her sole control, which includes access
  663  protection using passwords or codes under control of the online
  664  notary public. The online notary public may not allow another
  665  person to use the online notary public’s electronic journal,
  666  electronic signature, or electronic seal, other than a RON
  667  service provider or other authorized person providing services
  668  to an online notary public to facilitate performance of online
  669  notarizations.
  670         (3)Attach or logically associate the electronic signature
  671  and seal to the electronic notarial certificate of an electronic
  672  record in a manner that is capable of independent verification
  673  using tamper-evident technology that renders any subsequent
  674  change or modification to the electronic record evident.
  675         (4)Notify an appropriate law enforcement agency and the
  676  Department of State of any unauthorized use of or compromise to
  677  the security of the electronic journal, official electronic
  678  signature, or electronic seal within 7 days after discovery of
  679  such unauthorized use or compromise to security.
  680         (5)Make electronic copies, upon request, of the pertinent
  681  entries in the electronic journal and provide access to the
  682  related audio-video communication recordings to the following
  683  persons:
  684         (a)The parties to an electronic record notarized by the
  685  online notary public;
  686         (b)The qualified custodian of an electronic will notarized
  687  by the online notary public;
  688         (c)The title agent, settlement agent, or title insurer who
  689  insured the electronic record or engaged the online notary
  690  public with regard to a real estate transaction;
  691         (d)The online notary public’s RON service provider whose
  692  services were used by the online notary public to notarize the
  693  electronic record;
  694         (e)Any person who is asked to accept a power of attorney
  695  that was notarized by the online notary public;
  696         (f)The Department of State pursuant to a notary misconduct
  697  investigation; and
  698         (g) To other persons pursuant to a subpoena, court order,
  699  law enforcement investigation, or other lawful inspection
  700  demand.
  701         (6)The online notary public may charge a fee not to exceed
  702  $20 per transaction record for making and delivering electronic
  703  copies of a given series of related electronic records, except
  704  if requested by:
  705         (a)A party to the electronic record;
  706         (b)In a real estate transaction, the title agent,
  707  settlement agent, or title insurer who insured the electronic
  708  record or engaged the online notary public with regard to such
  709  transaction; or
  710         (c)The Department of State pursuant to an investigation
  711  relating to the official misconduct of an online notary public.
  712  
  713  If the online notary public does charge a fee, the online notary
  714  public shall disclose the amount of such fee to the requester
  715  before making the electronic copies.
  716         Section 13. Section 117.265, Florida Statutes, is created
  717  to read:
  718         117.265Online notarization procedures.—
  719         (1)An online notary public physically located in this
  720  state may perform an online notarization that meets the
  721  requirements of this part regardless of whether the principal or
  722  any witnesses are physically located in this state at the time
  723  of the online notarization. A commissioner of deeds registered
  724  as an online notary public may perform an online notarization
  725  while physically located within or outside of this state in
  726  accordance with the territorial limits of its jurisdiction and
  727  other limitations and requirements otherwise applicable to
  728  notarial acts by commissioners of deeds. An online notarization
  729  performed in accordance with this chapter is deemed to have been
  730  performed within this state and is governed by the applicable
  731  laws of this state.
  732         (2)In performing an online notarization, an online notary
  733  public shall confirm the identity of a principal and any witness
  734  appearing online, at the time that the signature is taken, by
  735  using audio-video communication technology and processes that
  736  meet the requirements of this part and of any rules adopted
  737  hereunder and record the two-way audio-video conference session
  738  between the notary public and the principal and any witnesses. A
  739  principal may not act in the capacity of a witness for his or
  740  her own signature in an online notarization.
  741         (3)In performing an online notarization of a principal not
  742  located within this state, an online notary public must confirm,
  743  either verbally or through the principal’s written consent, that
  744  the principal desires for the notarial act to be performed by a
  745  Florida notary public and under the general law of this state.
  746         (4)An online notary public shall confirm the identity of
  747  the principal by:
  748         (a)Personal knowledge of each principal; or
  749         (b)All of the following, as such criteria may be modified
  750  or supplemented in rules adopted by the Department of State
  751  pursuant to s. 117.295:
  752         1.Remote presentation of a government-issued
  753  identification credential by each principal.
  754         2.Credential analysis of each government-issued
  755  identification credential.
  756         3.Identity proofing of each principal in the form of
  757  knowledge-based authentication or another method of identity
  758  proofing that conforms to the standards of this chapter.
  759  
  760  If the online notary public is unable to satisfy subparagraphs
  761  (b)1.-3., or if the databases consulted for identity proofing do
  762  not contain sufficient information to permit authentication, the
  763  online notary public may not perform the online notarization.
  764         (5)An online notary public may change his or her RON
  765  service provider or providers from time to time, but shall
  766  notify the Department of State of such change within 30 days
  767  thereafter.
  768         (6)The online notary public or his or her RON service
  769  provider shall take reasonable steps to ensure that the audio
  770  video communication technology used in an online notarization is
  771  secure from unauthorized interception.
  772         (7)The electronic notarial certificate for an online
  773  notarization must include a notation that the notarization is an
  774  online notarization which may be satisfied by placing the term
  775  “online notary” in or adjacent to the online notary public’s
  776  seal.
  777         (8)Except where otherwise expressly provided in this part,
  778  the provisions of part I of this chapter apply to an online
  779  notarization and an online notary public.
  780         (9)Any failure to comply with the online notarization
  781  procedures set forth in this section does not impair the
  782  validity of the notarial act or the electronic record that was
  783  notarized, but may be introduced as evidence to establish
  784  violations of this chapter or as an indication of possible
  785  fraud, forgery, impersonation, duress, incapacity, undue
  786  influence, minority, illegality, unconscionability, or for other
  787  evidentiary purposes. This subsection may not be construed to
  788  alter the duty of an online notary public to comply with this
  789  chapter and any rules adopted hereunder.
  790         Section 14. Section 117.275, Florida Statutes, is created
  791  to read:
  792         117.275Fees for online notarization.—An online notary
  793  public or the employer of such online notary public may charge a
  794  fee, not to exceed $25, for performing an online notarization
  795  under this part. Fees for services other than notarial acts are
  796  not governed by this section.
  797         Section 15. Section 117.285, Florida Statutes, is created
  798  to read:
  799         117.285Supervising the witnessing of electronic records.
  800  An online notary public may supervise the witnessing of
  801  electronic records by the same audio-video communication
  802  technology used for online notarization, as follows:
  803         (1) The witness may be in the physical presence of the
  804  principal or remote from the principal provided the witness and
  805  principal are using audio-video communication technology.
  806         (2) If the witness is remote from the principal and viewing
  807  and communicating with the principal by means of audio-video
  808  communication technology, the witness’s identity must be
  809  verified in accordance with the procedures for identifying a
  810  principal as set forth in s. 117.265(4). If the witness is in
  811  the physical presence of the principal, the witness must confirm
  812  his or her identity by stating his or her name and current
  813  address on the audio-video recording as part of the act of
  814  witnessing.
  815         (3)The act of witnessing an electronic signature means the
  816  witness is either in the physical presence of the principal or
  817  present through audio-video communication technology at the time
  818  the principal affixes the electronic signature and the witness
  819  hears the principal make a statement to the effect that the
  820  principal has signed the electronic record.
  821         (4) A witness remote from the principal and appearing
  822  through audio-video communication technology must verbally
  823  confirm that he or she is a resident of and physically located
  824  within the United States or a territory of the United States at
  825  the time of witnessing.
  826         (5) Notwithstanding subsections (2) and (3), if an
  827  electronic record to be signed is a will under chapter 732, a
  828  trust with testamentary aspects under chapter 736, an advance
  829  health care directive, a durable power of attorney defined in s.
  830  709.2104 which is being executed concurrently with a will, or a
  831  waiver of spousal rights under s. 732.701 or s. 732.702:
  832         (a) The act of witnessing an electronic signature through
  833  the witness’s presence by audio-video communication is valid
  834  only if, during the audio-video communication, the principal
  835  provides verbal answers to all of the following questions, each
  836  of which must be asked by the online notary public in
  837  substantially the following form:
  838         1. What is your date of birth?
  839         2. Are you under the influence of any drug or alcohol that
  840  impairs your ability to make decisions?
  841         3. Do you have any physical or mental condition or long
  842  term disability that impairs your ability to perform the normal
  843  activities of daily living?
  844         4. Are you unable to provide for your own daily care?
  845         5. Did anyone assist you in accessing this video conference
  846  or in drafting the documents you’re here to sign? If so, who?
  847         6. Where are you currently located?
  848         7. Name everyone you know who is with you.
  849         (b) An online notary public shall consider the responses to
  850  the questions specified in paragraph (a) in the carrying out of
  851  the notary public’s existing duties as set forth in s.
  852  117.107(5).
  853         (c) A principal’s responses to the questions in paragraph
  854  (a) may be offered as evidence regarding the validity of the
  855  instrument, but an incorrect answer may not serve as the sole
  856  basis to invalidate an instrument.
  857         (d) An instrument governed by this subsection which is
  858  witnessed by a witness remote from the principal and present
  859  through audio-video communication technology is voidable if
  860  signed by a principal who is a vulnerable adult as defined in s.
  861  415.102. The contestant of an electronic record has the burden
  862  of proving that the principal was a vulnerable adult at the time
  863  of executing the electronic record.
  864         (e) A RON service provider shall provide written notice to
  865  the signers, in substance, that an instrument governed by this
  866  subsection which is signed by a vulnerable adult as defined in
  867  s. 415.102, and is remotely witnessed in accordance with this
  868  subsection, is voidable and that the signer can instead choose
  869  to have such instruments signed in the physical presence of any
  870  required witnesses.
  871         (6) Pursuant to subpoena, court order, an authorized law
  872  enforcement inquiry, or other lawful request, an online notary
  873  public shall provide the last known address of any witness who
  874  witnessed the signing of an electronic record using audio-video
  875  communication technology pursuant to this section.
  876         (7) An act of witnessing performed pursuant to this section
  877  satisfies any requirement that the witness be a subscribing or
  878  attesting witness or be in the presence of the principal at the
  879  time of signing.
  880  
  881  The law of this state governs the validity of an act of
  882  witnessing supervised by an online notary public pursuant to
  883  this section, regardless of the physical location of the witness
  884  at the time of witnessing. State courts and federal courts of
  885  this state have subject matter jurisdiction over any dispute
  886  arising out of an act of witnessing pursuant to this section,
  887  and may issue subpoenas for records or appearance in relation
  888  thereto in accordance with applicable law.
  889         Section 16. Effective upon becoming a law, section 117.295,
  890  Florida Statutes, is created to read:
  891         117.295Standards for electronic and online notarization;
  892  rulemaking authority.—
  893         (1)For purposes of this part, the Department of State may
  894  adopt rules necessary to implement the requirements of this
  895  chapter and to set standards for online notarization which
  896  include, but are not limited to:
  897         (a)Improvements in technology and methods of assuring the
  898  identity of principals and the security of an electronic record,
  899  including tamper-evident technologies in compliance with the
  900  standards adopted pursuant to s. 117.021 which apply to online
  901  notarizations.
  902         (b)Education requirements for online notaries public and
  903  the required terms of bonds and errors and omissions insurance,
  904  but not including the amounts of such bonds and insurance
  905  policies.
  906         (c)Identity proofing, credential analysis, unauthorized
  907  interception, remote presentation, audio-video communication
  908  technology, and retention of electronic journals and copies of
  909  audio-video communications recordings in a secure repository.
  910         (2)By January 1, 2020, the Department of State shall adopt
  911  forms, processes, and interim or emergency rules necessary to
  912  accept applications from and register online notaries public
  913  pursuant to s. 117.225.
  914         (3)Until such time as the Department of State adopts rules
  915  setting standards that are equally or more protective, the
  916  following minimum standards shall apply to any online
  917  notarization performed by an online notary public of this state
  918  or his or her RON service provider:
  919         (a)Use of identity proofing by means of knowledge-based
  920  authentication which must have, at a minimum, the following
  921  security characteristics:
  922         1.The principal must be presented with five or more
  923  questions with a minimum of five possible answer choices per
  924  question.
  925         2.Each question must be drawn from a third-party provider
  926  of public and proprietary data sources and be identifiable to
  927  the principal’s social security number or other identification
  928  information, or the principal’s identity and historical events
  929  records.
  930         3.Responses to all questions must be made within a 2
  931  minute time constraint.
  932         4.The principal must answer a minimum of 80 percent of the
  933  questions correctly.
  934         5.The principal may be offered one additional attempt in
  935  the event of a failed attempt.
  936         6.During the second attempt, the principal may not be
  937  presented with more than three questions from the prior attempt.
  938         (b)Use of credential analysis using one or more
  939  commercially available automated software or hardware processes
  940  that are consistent with sound commercial practices; that aid
  941  the notary public in verifying the authenticity of the
  942  credential by analyzing the integrity of visual, physical, or
  943  cryptographic security features to indicate that the credential
  944  is not fraudulent or inappropriately modified; and that use
  945  information held or published by the issuing source or
  946  authoritative source, as available, to confirm the validity of
  947  credential details. The output of the credential analysis
  948  process must be provided to the online notary public performing
  949  the notarial act.
  950         (c)Use of audio-video communication technology in
  951  completing online notarizations that must meet the following
  952  requirements:
  953         1.The signal transmission must be reasonably secure from
  954  interception, access, or viewing by anyone other than the
  955  participants communicating.
  956         2.The technology must provide sufficient audio clarity and
  957  video resolution to enable the notary to communicate with the
  958  principal and any witness, and to confirm the identity of the
  959  principal and any witness, as required, using the identification
  960  methods described in s. 117.265.
  961         (4)A RON service provider is deemed to have satisfied
  962  tamper-evident technology requirements by use of technology that
  963  renders any subsequent change or modification to the electronic
  964  record evident.
  965         (5)In addition to any coverage it elects to provide for
  966  individual online notaries public, maintenance of errors and
  967  omissions insurance coverage by a RON service provider in a
  968  total amount of at least $250,000 in the annual aggregate with
  969  respect to potential errors or omissions in or relating to the
  970  technology or processes provided by the RON service provider. An
  971  online notary public is not responsible for the security of the
  972  systems used by the principal or others to access the online
  973  notarization session.
  974         (6)A 2-hour in-person or online course addressing the
  975  duties, obligations, and technology requirements for serving as
  976  an online notary public offered by the Florida Land Title
  977  Association; the Real Property, Probate and Trust Law Section of
  978  The Florida Bar; the Florida Legal Education Association; the
  979  Department of State; or a vendor approved by the Department of
  980  State shall satisfy the education requirements of s. 117.225(2).
  981  Each such provider shall make the in-person or online course
  982  generally available to all applicants, at the same cost,
  983  regardless of membership in the provider’s organization.
  984         (7)The rulemaking required under this section is exempt
  985  from s. 120.541(3).
  986         Section 17. Section 117.305, Florida Statutes, is created
  987  to read:
  988         117.305Relation to federal law.—This part supersedes the
  989  Electronic Signatures in Global and National Commerce Act as
  990  authorized under 15 U.S.C. s. 7001 et seq., but does not modify,
  991  limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c),
  992  or authorize the electronic delivery of the notices described in
  993  15 U.S.C. s. 7003(b).
  994         Section 18. Present paragraph (h) of subsection (3) of
  995  section 28.222, Florida Statutes, is redesignated as paragraph
  996  (i), and a new paragraph (h) is added to that subsection, to
  997  read:
  998         28.222 Clerk to be county recorder.—
  999         (3) The clerk of the circuit court shall record the
 1000  following kinds of instruments presented to him or her for
 1001  recording, upon payment of the service charges prescribed by
 1002  law:
 1003         (h)Copies of any instruments originally created and
 1004  executed using an electronic signature, as defined in s. 695.27,
 1005  and certified to be a true and correct paper printout by a
 1006  notary public in accordance with chapter 117, if the county
 1007  recorder is not prepared to accept electronic documents for
 1008  recording electronically.
 1009         Section 19. Subsections (1) and (2) of section 92.50,
 1010  Florida Statutes, are amended to read:
 1011         92.50 Oaths, affidavits, and acknowledgments; who may take
 1012  or administer; requirements.—
 1013         (1) IN THIS STATE.—Oaths, affidavits, and acknowledgments
 1014  required or authorized under the laws of this state (except
 1015  oaths to jurors and witnesses in court and such other oaths,
 1016  affidavits and acknowledgments as are required by law to be
 1017  taken or administered by or before particular officers) may be
 1018  taken or administered by or before any judge, clerk, or deputy
 1019  clerk of any court of record within this state, including
 1020  federal courts, or by or before any United States commissioner
 1021  or any notary public within this state. The jurat, or
 1022  certificate of proof or acknowledgment, shall be authenticated
 1023  by the signature and official seal of such officer or person
 1024  taking or administering the same; however, when taken or
 1025  administered by or before any judge, clerk, or deputy clerk of a
 1026  court of record, the seal of such court may be affixed as the
 1027  seal of such officer or person.
 1028         (2) IN OTHER STATES, TERRITORIES, AND DISTRICTS OF THE
 1029  UNITED STATES.—Oaths, affidavits, and acknowledgments required
 1030  or authorized under the laws of this state, may be taken or
 1031  administered in any other state, territory, or district of the
 1032  United States, by or before any judge, clerk or deputy clerk of
 1033  any court of record, within such state, territory, or district,
 1034  having a seal, or by or before any notary public or justice of
 1035  the peace, having a seal, in such state, territory, or district;
 1036  provided, however, such officer or person is authorized under
 1037  the laws of such state, territory, or district to take or
 1038  administer oaths, affidavits and acknowledgments. The jurat, or
 1039  certificate of proof or acknowledgment, shall be authenticated
 1040  by the signature and official seal of such officer or person
 1041  taking or administering the same; provided, however, when taken
 1042  or administered by or before any judge, clerk, or deputy clerk
 1043  of a court of record, the seal of such court may be affixed as
 1044  the seal of such officer or person.
 1045         Section 20. Subsection (1) of section 95.231, Florida
 1046  Statutes, is amended to read:
 1047         95.231 Limitations where deed or will on record.—
 1048         (1) Five years after the recording of an instrument
 1049  required to be executed in accordance with s. 689.01; 5 years
 1050  after the recording of a power of attorney accompanying and used
 1051  for an instrument required to be executed in accordance with s.
 1052  689.01; or 5 years after the probate of a will purporting to
 1053  convey real property, from which it appears that the person
 1054  owning the property attempted to convey, affect, or devise it,
 1055  the instrument, power of attorney, or will shall be held to have
 1056  its purported effect to convey, affect, or devise, the title to
 1057  the real property of the person signing the instrument, as if
 1058  there had been no lack of seal or seals, witness or witnesses,
 1059  defect in, failure of, or absence of acknowledgment or
 1060  relinquishment of dower, in the absence of fraud, adverse
 1061  possession, or pending litigation. The instrument is admissible
 1062  in evidence. A power of attorney validated under this subsection
 1063  shall be valid only for the purpose of effectuating the
 1064  instrument with which it was recorded.
 1065         Section 21. Section 689.01, Florida Statutes, is amended to
 1066  read:
 1067         689.01 How real estate conveyed.—
 1068         (1) No estate or interest of freehold, or for a term of
 1069  more than 1 year, or any uncertain interest of, in or out of any
 1070  messuages, lands, tenements or hereditaments shall be created,
 1071  made, granted, transferred or released in any other manner than
 1072  by instrument in writing, signed in the presence of two
 1073  subscribing witnesses by the party creating, making, granting,
 1074  conveying, transferring or releasing such estate, interest, or
 1075  term of more than 1 year, or by the party’s lawfully authorized
 1076  agent, unless by will and testament, or other testamentary
 1077  appointment, duly made according to law; and no estate or
 1078  interest, either of freehold, or of term of more than 1 year, or
 1079  any uncertain interest of, in, to, or out of any messuages,
 1080  lands, tenements or hereditaments, shall be assigned or
 1081  surrendered unless it be by instrument signed in the presence of
 1082  two subscribing witnesses by the party so assigning or
 1083  surrendering, or by the party’s lawfully authorized agent, or by
 1084  the act and operation of law. No seal shall be necessary to give
 1085  validity to any instrument executed in conformity with this
 1086  section. Corporations may execute any and all conveyances in
 1087  accordance with the provisions of this section or ss. 692.01 and
 1088  692.02.
 1089         (2)For purposes of this chapter:
 1090         (a)Any requirement that an instrument be signed in the
 1091  presence of two subscribing witnesses may be satisfied by
 1092  witnesses being present and electronically signing by means of
 1093  audio-video communication technology, as defined in s. 117.201.
 1094         (b)The act of witnessing an electronic signature is
 1095  satisfied if a witness is in the physical presence of the
 1096  principal or present through audio-video communication
 1097  technology at the time the principal affixes his or her
 1098  electronic signature and the witness hears the principal make a
 1099  statement acknowledging that the principal has signed the
 1100  electronic record.
 1101         (c)The terms used in this subsection have the same
 1102  meanings as the terms defined in s. 117.201.
 1103         (3)All acts of witnessing made or taken in the manner
 1104  described in subsection (2) are validated and, upon recording,
 1105  may not be denied to have provided constructive notice based on
 1106  any alleged failure to have strictly complied with this section
 1107  or the laws governing notarization of instruments, including
 1108  online notarization. This subsection does not preclude a
 1109  challenge to the validity or enforceability of an instrument or
 1110  electronic record based upon fraud, forgery, impersonation,
 1111  duress, incapacity, undue influence, minority, illegality,
 1112  unconscionability, or any other basis not related to the act of
 1113  witnessing.
 1114         Section 22. Section 694.08, Florida Statutes, is amended to
 1115  read:
 1116         694.08 Certain instruments validated, notwithstanding lack
 1117  of seals or witnesses, or defect in acknowledgment, etc.—
 1118         (1) Whenever any power of attorney has been executed and
 1119  delivered, or any conveyance has been executed and delivered to
 1120  any grantee by the person owning the land therein described, or
 1121  conveying the same in an official or representative capacity,
 1122  and has, for a period of 7 years or more been spread upon the
 1123  records of the county wherein the land therein described has
 1124  been or was at the time situated, and one or more subsequent
 1125  conveyances of said land or parts thereof have been made,
 1126  executed, delivered and recorded by parties claiming under such
 1127  instrument or instruments, and such power of attorney or
 1128  conveyance, or the public record thereof, shows upon its face a
 1129  clear purpose and intent of the person executing the same to
 1130  authorize the conveyance of said land or to convey the said
 1131  land, the same shall be taken and held by all the courts of this
 1132  state, in the absence of any showing of fraud, adverse
 1133  possession, or pending litigation, to have authorized the
 1134  conveyance of, or to have conveyed, the fee simple title, or any
 1135  interest therein, of the person signing such instruments, or the
 1136  person in behalf of whom the same was conveyed by a person in an
 1137  official or representative capacity, to the land therein
 1138  described as effectively as if there had been no defect in,
 1139  failure of, or absence of the acknowledgment or the certificate
 1140  of acknowledgment, if acknowledged, or the relinquishment of
 1141  dower, and as if there had been no lack of the word “as”
 1142  preceding the title of the person conveying in an official or
 1143  representative capacity, of any seal or seals, or of any witness
 1144  or witnesses, and shall likewise be taken and held by all the
 1145  courts of this state to have been duly recorded so as to be
 1146  admissible in evidence;
 1147         (2) Provided, however, that this section shall not apply to
 1148  any conveyance the validity of which shall be contested or have
 1149  been contested by suit commenced heretofore or within 1 year of
 1150  the effective date of this law.
 1151         Section 23. Section 695.03, Florida Statutes, is amended to
 1152  read:
 1153         695.03 Acknowledgment and proof; validation of certain
 1154  acknowledgments; legalization or authentication before foreign
 1155  officials.—To entitle any instrument concerning real property to
 1156  be recorded, the execution must be acknowledged by the party
 1157  executing it, proved by a subscribing witness to it, or
 1158  legalized or authenticated in one of the following forms by a
 1159  civil-law notary or notary public who affixes her or his
 1160  official seal, before the officers and in the form and manner
 1161  following:
 1162         (1) WITHIN THIS STATE.—An acknowledgment or a proof may be
 1163  taken, administered, or made within this state by or may be made
 1164  before a judge, clerk, or deputy clerk of any court; a United
 1165  States commissioner or magistrate; or any a notary public or
 1166  civil-law notary of this state, and the certificate of
 1167  acknowledgment or proof must be under the seal of the court or
 1168  officer, as the case may be. All affidavits and acknowledgments
 1169  heretofore made or taken in this manner are hereby validated.
 1170         (2) OUTSIDE WITHOUT THIS STATE BUT WITHIN THE UNITED
 1171  STATES.—An acknowledgment or a proof taken, administered, or
 1172  made outside out of this state but within the United States may
 1173  be taken, administered, or made by or before a civil-law notary
 1174  of this state or a commissioner of deeds appointed by the
 1175  Governor of this state; a judge or clerk of any court of the
 1176  United States or of any state, territory, or district; by or
 1177  before a United States commissioner or magistrate; or by or
 1178  before any a notary public, justice of the peace, master in
 1179  chancery, or registrar or recorder of deeds of any state,
 1180  territory, or district having a seal, and the certificate of
 1181  acknowledgment or proof must be under the seal of the court or
 1182  officer, as the case may be. If the acknowledgment or proof is
 1183  taken, administered, or made by or before a notary public who
 1184  does not affix a seal, it is sufficient for the notary public to
 1185  type, print, or write by hand on the instrument, “I am a Notary
 1186  Public of the State of ...(state)..., and my commission expires
 1187  on ...(date)....”
 1188         (3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN
 1189  COUNTRIES.—An If the acknowledgment, an affidavit, an oath, a
 1190  legalization, an authentication, or a proof taken, administered,
 1191  or made outside the United States or is made in a foreign
 1192  country, it may be taken, administered, or made by or before a
 1193  commissioner of deeds appointed by the Governor of this state to
 1194  act in such country; before a notary public of such foreign
 1195  country or a civil-law notary of this state or of such foreign
 1196  country who has an official seal; before an ambassador, envoy
 1197  extraordinary, minister plenipotentiary, minister, commissioner,
 1198  charge d’affaires, consul general, consul, vice consul, consular
 1199  agent, or other diplomatic or consular officer of the United
 1200  States appointed to reside in such country; or before a military
 1201  or naval officer authorized by 10 U.S.C. s. 1044a the Laws or
 1202  Articles of War of the United States to perform the duties of
 1203  notary public, and the certificate of acknowledgment,
 1204  legalization, authentication, or proof must be under the seal of
 1205  the officer. A certificate legalizing or authenticating the
 1206  signature of a person executing an instrument concerning real
 1207  property and to which a civil-law notary or notary public of
 1208  that country has affixed her or his official seal is sufficient
 1209  as an acknowledgment. For the purposes of this section, the term
 1210  “civil-law notary” means a civil-law notary as defined in
 1211  chapter 118 or an official of a foreign country who has an
 1212  official seal and who is authorized to make legal or lawful the
 1213  execution of any document in that jurisdiction, in which
 1214  jurisdiction the affixing of her or his official seal is deemed
 1215  proof of the execution of the document or deed in full
 1216  compliance with the laws of that jurisdiction.
 1217         (4)COMPLIANCE AND VALIDATION.—The affixing of the official
 1218  seal or the electronic equivalent thereof under s. 117.021 or
 1219  other applicable law, including part II of chapter 117,
 1220  conclusively establishes that the acknowledgment or proof was
 1221  taken, administered, or made in full compliance with the laws of
 1222  this state or, as applicable, the laws of the other state, or of
 1223  the foreign country governing notarial acts. All affidavits,
 1224  oaths, acknowledgments, legalizations, authentications, or
 1225  proofs taken, administered, or made in any manner as set forth
 1226  in subsections (1), (2), and (3) are validated and upon
 1227  recording may not be denied to have provided constructive notice
 1228  based on any alleged failure to have strictly complied with this
 1229  section, as currently or previously in effect, or the laws
 1230  governing notarization of instruments. This subsection does not
 1231  preclude a challenge to the validity or enforceability of an
 1232  instrument or electronic record based upon fraud, forgery,
 1233  impersonation, duress, incapacity, undue influence, minority,
 1234  illegality, unconscionability, or any other basis not related to
 1235  the notarial act or constructive notice provided by recording.
 1236  
 1237  All affidavits, legalizations, authentications, and
 1238  acknowledgments heretofore made or taken in the manner set forth
 1239  above are hereby validated.
 1240         Section 24. Section 695.04, Florida Statutes, is amended to
 1241  read:
 1242         695.04 Requirements of certificate.—The certificate of the
 1243  officer before whom the acknowledgment or proof is taken, except
 1244  for a certificate legalizing or authenticating the signature of
 1245  a person executing an instrument concerning real property
 1246  pursuant to s. 695.03(3), shall contain and set forth
 1247  substantially the matter required to be done or proved to make
 1248  such acknowledgment or proof effectual as set forth in s.
 1249  117.05.
 1250         Section 25. Section 695.25, Florida Statutes, is amended to
 1251  read:
 1252         695.25 Short form of acknowledgment.—The forms of
 1253  acknowledgment set forth in this section may be used, and are
 1254  sufficient for their respective purposes, under any law of this
 1255  state. The forms shall be known as “Statutory Short Forms of
 1256  Acknowledgment” and may be referred to by that name. The
 1257  authorization of the forms in this section does not preclude the
 1258  use of other forms.
 1259         (1) For an individual acting in his or her own right:
 1260  STATE OF ....
 1261  COUNTY OF ....
 1262         The foregoing instrument was acknowledged before me by
 1263  means of [] physical presence or [] online notarization, this
 1264  ...(date)... by ...(name of person acknowledging)..., who is
 1265  personally known to me or who has produced ...(type of
 1266  identification)... as identification.
 1267  ...(Signature of person taking acknowledgment)...
 1268  ...(Name typed, printed or stamped)...
 1269  ...(Title or rank)...
 1270  ...(Serial number, if any)...
 1271         (2) For a corporation:
 1272  STATE OF ....
 1273  COUNTY OF ....
 1274         The foregoing instrument was acknowledged before me by
 1275  means of [] physical presence or [] online notarization, this
 1276  ...(date)... by ...(name of officer or agent, title of officer
 1277  or agent)... of ...(name of corporation acknowledging)..., a
 1278  ...(state or place of incorporation)... corporation, on behalf
 1279  of the corporation. He/she is personally known to me or has
 1280  produced ...(type of identification)... as identification.
 1281  ...(Signature of person taking acknowledgment)...
 1282  ...(Name typed, printed or stamped)...
 1283  ...(Title or rank)...
 1284  ...(Serial number, if any)...
 1285         (3)For a limited liability company:
 1286  STATE OF ....
 1287  COUNTY OF ....
 1288         The foregoing instrument was acknowledged before me by
 1289  means of [] physical presence or [] online notarization, this
 1290  ...(date)... by ...(name of member, manager, officer or agent,
 1291  title of member, manager, officer or agent)..., of ...(name of
 1292  company acknowledging)..., a ...(state or place of formation)...
 1293  limited liability company, on behalf of the company, who is
 1294  personally known to me or has produced ...(type of
 1295  identification)... as identification.
 1296  
 1297  ...(Signature of person taking acknowledgment)...
 1298  ...(Name typed, printed or stamped)...
 1299  ...(Title or rank)...
 1300  ...(Serial number, if any)...
 1301         (4)(3) For a partnership:
 1302  STATE OF ....
 1303  COUNTY OF ....
 1304         The foregoing instrument was acknowledged before me by
 1305  means of [] physical presence or [] online notarization, this
 1306  ...(date)... by ...(name of acknowledging partner or agent)...,
 1307  partner (or agent) on behalf of ...(name of partnership)..., a
 1308  partnership. He/she is personally known to me or has produced
 1309  ...(type of identification)... as identification.
 1310  ...(Signature of person taking acknowledgment)...
 1311  ...(Name typed, printed or stamped)...
 1312  ...(Title or rank)...
 1313  ...(Serial number, if any)...
 1314         (5)(4) For an individual acting as principal by an attorney
 1315  in fact:
 1316  STATE OF ....
 1317  COUNTY OF ....
 1318         The foregoing instrument was acknowledged before me by
 1319  means of [] physical presence or [] online notarization, this
 1320  ...(date)... by ...(name of attorney in fact)... as attorney in
 1321  fact, who is personally known to me or who has produced ...(type
 1322  of identification)... as identification on behalf of ...(name of
 1323  principal)....
 1324  ...(Signature of person taking acknowledgment)...
 1325  ...(Name typed, printed or stamped)...
 1326  ...(Title or rank)...
 1327  ...(Serial number, if any)...
 1328         (6)(5) By any public officer, trustee, or personal
 1329  representative:
 1330  STATE OF ....
 1331  COUNTY OF ....
 1332         The foregoing instrument was acknowledged before me by
 1333  means of [] physical presence or [] online notarization, this
 1334  ...(date)... by ...(name and title of position)..., who is
 1335  personally known to me or who has produced ...(type of
 1336  identification)... as identification.
 1337  ...(Signature of person taking acknowledgment)...
 1338  ...(Name typed, printed or stamped)...
 1339  ...(Title or rank)...
 1340  ...(Serial number, if any)....
 1341  
 1342         Section 26. Section 695.28, Florida Statutes, is amended to
 1343  read:
 1344         695.28 Validity of recorded electronic documents.—
 1345         (1) A document that is otherwise entitled to be recorded
 1346  and that was or is submitted to the clerk of the court or county
 1347  recorder by electronic or other means and accepted for
 1348  recordation is deemed validly recorded and provides notice to
 1349  all persons notwithstanding:
 1350         (a) That the document was received and accepted for
 1351  recordation before the Department of State adopted standards
 1352  implementing s. 695.27; or
 1353         (b) Any defects in, deviations from, or the inability to
 1354  demonstrate strict compliance with any statute, rule, or
 1355  procedure relating to electronic signatures, electronic
 1356  witnesses, electronic notarization, or online notarization, or
 1357  for submitting or recording to submit or record an electronic
 1358  document in effect at the time the electronic document was
 1359  executed or was submitted for recording;
 1360         (c)That the document was signed, witnessed, or notarized
 1361  electronically, and that the document was notarized by an online
 1362  notary public outside the physical presence of the signer
 1363  through audio-video communication technology, as defined in s.
 1364  117.201, or that witnessing may have been done outside the
 1365  physical presence of the notary public or principal through such
 1366  audio-visual communication; or
 1367         (d)That the document recorded was a certified printout of
 1368  a document to which one or more electronic signatures have been
 1369  affixed.
 1370         (2) This section does not alter the duty of the clerk or
 1371  recorder to comply with s. 28.222, s. 695.27, or any rules
 1372  adopted pursuant to those sections that section.
 1373         (3)This section does not preclude a challenge to the
 1374  validity or enforceability of an instrument or electronic record
 1375  based upon fraud, forgery, impersonation, duress, incapacity,
 1376  undue influence, minority, illegality, unconscionability, or any
 1377  other basis not in the nature of those matters described in
 1378  subsection (1).
 1379         Section 27. Subsections (3) and (4) of section 709.2119,
 1380  Florida Statutes, are amended to read:
 1381         709.2119 Acceptance of and reliance upon power of
 1382  attorney.—
 1383         (3) A third person who is asked to accept a power of
 1384  attorney that appears to be executed in accordance with s.
 1385  709.2105 may in good faith request, and rely upon, without
 1386  further investigation:
 1387         (a) A certified English translation of the power of
 1388  attorney if the power of attorney contains, in whole or in part,
 1389  language other than English;
 1390         (b) An opinion of counsel as to any matter of law
 1391  concerning the power of attorney if the third person making the
 1392  request provides in a writing or other record the reason for the
 1393  request; or
 1394         (c) The affidavit described in subsection (2); or
 1395         (d)The electronic journal or record made by the notary
 1396  public pursuant to the laws of the state in which the notary
 1397  public is appointed if the power of attorney is witnessed or
 1398  notarized remotely through the use of online witnesses or
 1399  notarization.
 1400         (4) An English translation, or an opinion of counsel, or an
 1401  electronic journal or record requested under this section must
 1402  be provided at the principal’s expense unless the request is
 1403  made after the time specified in s. 709.2120(1) for acceptance
 1404  or rejection of the power of attorney.
 1405         Section 28. Subsection (4) of section 709.2120, Florida
 1406  Statutes, is amended to read:
 1407         709.2120 Rejecting power of attorney.—
 1408         (4) A third person is not required to accept a power of
 1409  attorney if:
 1410         (a) The third person is not otherwise required to engage in
 1411  a transaction with the principal in the same circumstances;
 1412         (b) The third person has knowledge of the termination or
 1413  suspension of the agent’s authority or of the power of attorney
 1414  before exercising the power;
 1415         (c) A timely request by the third person for an affidavit,
 1416  English translation, or opinion of counsel, or electronic
 1417  journal or record under s. 709.2119 s. 709.2119(4) is refused by
 1418  the agent;
 1419         (d)The power of attorney is witnessed or notarized
 1420  remotely through the use of online witnesses or notarization,
 1421  and either the agent is unable to produce the electronic journal
 1422  or record, or the notary public did not maintain an electronic
 1423  journal or record of the notarization;
 1424         (e)(d) Except as provided in paragraph (b), the third
 1425  person believes in good faith that the power is not valid or
 1426  that the agent does not have authority to perform the act
 1427  requested; or
 1428         (f)(e) The third person makes, or has knowledge that
 1429  another person has made, a report to the local adult protective
 1430  services office stating a good faith belief that the principal
 1431  may be subject to physical or financial abuse, neglect,
 1432  exploitation, or abandonment by the agent or a person acting for
 1433  or with the agent.
 1434         Section 29. Present subsection (6) of section 709.2202,
 1435  Florida Statutes, is renumbered as subsection (7), and a new
 1436  subsection (6) is added to that section, to read:
 1437         709.2202 Authority that requires separate signed
 1438  enumeration.—
 1439         (6)Notwithstanding subsection (1) and s. 709.2106(3), a
 1440  power of attorney, executed by a principal domiciled in this
 1441  state at the time of execution, that is witnessed remotely
 1442  pursuant to s. 117.285 or other applicable law by a witness who
 1443  is not in the physical presence of the principal is not
 1444  effective to grant authority to an agent to take any of the
 1445  actions enumerated in subsection (1).
 1446         Section 30. Subsection (40) of section 731.201, Florida
 1447  Statutes, is amended to read:
 1448         731.201 General definitions.—Subject to additional
 1449  definitions in subsequent chapters that are applicable to
 1450  specific chapters or parts, and unless the context otherwise
 1451  requires, in this code, in s. 409.9101, and in chapters 736,
 1452  738, 739, and 744, the term:
 1453         (40) “Will” means an instrument, including a codicil,
 1454  executed by a person in the manner prescribed by this code,
 1455  which disposes of the person’s property on or after his or her
 1456  death and includes an instrument which merely appoints a
 1457  personal representative or revokes or revises another will. The
 1458  term includes an electronic will as defined in s. 732.521.
 1459         Section 31. Section 732.506, Florida Statutes, is amended
 1460  to read:
 1461         732.506 Revocation by act.—A will or codicil, other than an
 1462  electronic will, is revoked by the testator, or some other
 1463  person in the testator’s presence and at the testator’s
 1464  direction, by burning, tearing, canceling, defacing,
 1465  obliterating, or destroying it with the intent, and for the
 1466  purpose, of revocation. An electronic will or codicil is revoked
 1467  by the testator, or some other person in the testator’s presence
 1468  and at the testator’s direction, by deleting, canceling,
 1469  rendering unreadable, or obliterating the electronic will or
 1470  codicil, with the intent, and for the purpose, of revocation, as
 1471  proved by clear and convincing evidence.
 1472         Section 32. Section 732.521, Florida Statutes, is created
 1473  to read:
 1474         732.521Definitions.—As used in ss. 732.521-732.525, the
 1475  term:
 1476         (1)“Audio-video communication technology” has the same
 1477  meaning as provided in s. 117.201.
 1478         (2)“Electronic record” has the same meaning as provided in
 1479  s. 668.50.
 1480         (3)“Electronic signature” means an electronic mark visibly
 1481  manifested in a record as a signature and executed or adopted by
 1482  a person with the intent to sign the record.
 1483         (4)“Electronic will” means an instrument, including a
 1484  codicil, executed with an electronic signature by a person in
 1485  the manner prescribed by this code, which disposes of the
 1486  person’s property on or after his or her death and includes an
 1487  instrument which merely appoints a personal representative or
 1488  revokes or revises another will.
 1489         (5)“Online notarization” has the same meaning as provided
 1490  in s. 117.201.
 1491         (6)“Online notary public” has the same meaning as provided
 1492  in s. 117.201.
 1493         (7)“Qualified custodian” means a person who meets the
 1494  requirements of s. 732.525(1).
 1495         (8)“Secure system” means a system that satisfies the
 1496  requirements of a secure repository qualified to retain
 1497  electronic journals of online notaries public in accordance with
 1498  s. 117.245 and any rules established under part II of chapter
 1499  117.
 1500         Section 33. Effective July 1, 2020, section 732.522,
 1501  Florida Statutes, is created to read:
 1502         732.522Method and place of execution.—For purposes of the
 1503  execution or filing of an electronic will, the acknowledgment of
 1504  an electronic will by the testator and the affidavits of
 1505  witnesses under s. 732.503, or any other instrument under the
 1506  Florida Probate Code:
 1507         (1)Any requirement that an instrument be signed may be
 1508  satisfied by an electronic signature.
 1509         (2)Any requirement that individuals sign an instrument in
 1510  the presence of one another may be satisfied by witnesses being
 1511  present and electronically signing by means of audio-video
 1512  communication technology that meets the requirements of part II
 1513  of chapter 117 and any rules adopted thereunder, if:
 1514         (a)The individuals are supervised by a notary public in
 1515  accordance with s. 117.285;
 1516         (b)The individuals are authenticated and signing as part
 1517  of an online notarization session in accordance with s. 117.265;
 1518         (c)The witness hears the signer make a statement
 1519  acknowledging that the signer has signed the electronic record;
 1520  and
 1521         (d)The signing and witnessing of the instrument complies
 1522  with the requirements of s. 117.285.
 1523         (3)Except as otherwise provided in this part, all
 1524  questions as to the force, effect, validity, and interpretation
 1525  of an electronic will which comply with this section must be
 1526  determined in the same manner as in the case of a will executed
 1527  in accordance with s. 732.502.
 1528         (4)An instrument that is signed electronically is deemed
 1529  to be executed in this state if the instrument states that the
 1530  person creating the instrument intends to execute and
 1531  understands that he or she is executing the instrument in, and
 1532  pursuant to the laws of, this state.
 1533         Section 34. Section 732.523, Florida Statutes, is created
 1534  to read:
 1535         732.523Self-proof of electronic will.—An electronic will
 1536  is self-proved if:
 1537         (1)The acknowledgment of the electronic will by the
 1538  testator and the affidavits of the witnesses are made in
 1539  accordance with s. 732.503 and are part of the electronic record
 1540  containing the electronic will, or are attached to, or are
 1541  logically associated with, the electronic will;
 1542         (2)The electronic will designates a qualified custodian;
 1543         (3)The electronic record that contains the electronic will
 1544  is held in the custody of a qualified custodian at all times
 1545  before being offered to the court for probate; and
 1546         (4)The qualified custodian who has custody of the
 1547  electronic will at the time of the testator’s death certifies
 1548  under oath that, to the best knowledge of the qualified
 1549  custodian, the electronic record that contains the electronic
 1550  will was at all times before being offered to the court in the
 1551  custody of a qualified custodian in compliance with s. 732.524
 1552  and that the electronic will has not been altered in any way
 1553  since the date of its execution.
 1554         Section 35. Section 732.524, Florida Statutes, is created
 1555  to read:
 1556         732.524Qualified custodians.—
 1557         (1)To serve as a qualified custodian of an electronic
 1558  will, a person must be:
 1559         (a)Domiciled in and a resident of this state; or
 1560         (b) Incorporated, organized, or have its principal place of
 1561  business in this state.
 1562         (2) A qualified custodian shall:
 1563         (a)In the course of maintaining custody of electronic
 1564  wills, regularly employ a secure system and store in such secure
 1565  system electronic records containing:
 1566         1.Electronic wills;
 1567         2.Records attached to or logically associated with
 1568  electronic wills; and
 1569         3.Acknowledgments of the electronic wills by testators,
 1570  affidavits of the witnesses, and the records described in s.
 1571  117.245(1) and (2) which pertain to the online notarization; and
 1572         (b)Furnish for any court hearing involving an electronic
 1573  will that is currently or was previously stored by the qualified
 1574  custodian any information requested by the court pertaining to
 1575  the qualified custodian’s qualifications, policies, and
 1576  practices related to the creation, sending, communication,
 1577  receipt, maintenance, storage, and production of electronic
 1578  wills.
 1579         (c)Provide access to or information concerning the
 1580  electronic will, or the electronic record containing the
 1581  electronic will, only:
 1582         1.To the testator;
 1583         2.To persons authorized by the testator in the electronic
 1584  will or in written instructions signed by the testator with the
 1585  formalities required for the execution of a will in this state;
 1586         3.After the death of the testator, to the testator’s
 1587  nominated personal representative; or
 1588         4.At any time, as directed by a court of competent
 1589  jurisdiction.
 1590         (3)The qualified custodian of the electronic record of an
 1591  electronic will may elect to destroy such record, including any
 1592  of the documentation required to be created and stored under
 1593  paragraph (1)(b), at any time after the earlier of the fifth
 1594  anniversary of the conclusion of the administration of the
 1595  estate of the testator or 20 years after the death of the
 1596  testator.
 1597         (4)A qualified custodian who at any time maintains custody
 1598  of the electronic record of an electronic will may elect to
 1599  cease serving in such capacity by:
 1600         (a)Delivering the electronic will or the electronic record
 1601  containing the electronic will to the testator, if then living,
 1602  or, after the death of the testator, by filing the will with the
 1603  court in accordance with s. 732.901; and
 1604         (b)If the outgoing qualified custodian intends to
 1605  designate a successor qualified custodian, by doing the
 1606  following:
 1607         1.Providing written notice to the testator of the name,
 1608  address, and qualifications of the proposed successor qualified
 1609  custodian. The testator must provide written consent before the
 1610  electronic record, including the electronic will, is delivered
 1611  to a successor qualified custodian;
 1612         2.Delivering the electronic record containing the
 1613  electronic will to the successor qualified custodian; and
 1614         3.Delivering to the successor qualified custodian an
 1615  affidavit of the outgoing qualified custodian stating that:
 1616         a.The outgoing qualified custodian is eligible to act as a
 1617  qualified custodian in this state;
 1618         b.The outgoing qualified custodian is the qualified
 1619  custodian designated by the testator in the electronic will or
 1620  appointed to act in such capacity under this paragraph;
 1621         c.The electronic will has at all times been in the custody
 1622  of one or more qualified custodians in compliance with this
 1623  section since the time the electronic record was created, and
 1624  identifying such qualified custodians; and
 1625         d.To the best of the outgoing qualified custodian’s
 1626  knowledge, the electronic will has not been altered since the
 1627  time it was created.
 1628  
 1629  For purposes of making this affidavit, the outgoing qualified
 1630  custodian may rely conclusively on any affidavits delivered by a
 1631  predecessor qualified custodian in connection with its
 1632  designation or appointment as qualified custodian; however, all
 1633  such affidavits must be delivered to the successor qualified
 1634  custodian.
 1635         (5)Upon the request of the testator which is made in a
 1636  writing signed with the formalities required for the execution
 1637  of a will in this state, a qualified custodian who at any time
 1638  maintains custody of the electronic record of the testator’s
 1639  electronic will must cease serving in such capacity and must
 1640  deliver to a successor qualified custodian designated in writing
 1641  by the testator the electronic record containing the electronic
 1642  will and the affidavit required in subparagraph (4)(b)3.
 1643         (6)A qualified custodian may not succeed to office as a
 1644  qualified custodian of an electronic will unless he or she
 1645  agrees in writing to serve in such capacity.
 1646         (7)If a qualified custodian is an entity, an affidavit, or
 1647  an appearance by the testator in the presence of a duly
 1648  authorized officer or agent of such entity, acting in his or her
 1649  own capacity as such, shall constitute an affidavit, or an
 1650  appearance by the testator in the presence of the qualified
 1651  custodian.
 1652         (8)A qualified custodian must provide a paper copy of an
 1653  electronic will and the electronic record containing the
 1654  electronic will to the testator immediately upon request. For
 1655  the first request, the testator may not be charged a fee for
 1656  being provided with these documents.
 1657         (9)The qualified custodian shall be liable for any damages
 1658  caused by the negligent loss or destruction of the electronic
 1659  record, including the electronic will, while it is in the
 1660  possession of the qualified custodian. A qualified custodian may
 1661  not limit liability for such damages.
 1662         (10)A qualified custodian may not terminate or suspend
 1663  access to, or downloads of, the electronic will by the testator,
 1664  provided that a qualified custodian may charge a fee for
 1665  providing such access and downloads.
 1666         (11)Upon receiving information that the testator is dead,
 1667  a qualified custodian must deposit the electronic will with the
 1668  court in accordance with s. 732.901. A qualified custodian may
 1669  not charge a fee for depositing the electronic will with the
 1670  clerk, provided the affidavit is made in accordance with s.
 1671  732.503, or furnishing in writing any information requested by a
 1672  court under paragraph (1)(c).
 1673         (12)Except as provided in this act, a qualified custodian
 1674  must at all times keep information provided by the testator
 1675  confidential and may not disclose such information to any third
 1676  party.
 1677         (13)A contractual venue provision between a qualified
 1678  custodian and a testator is not valid or enforceable to the
 1679  extent that it requires a specific jurisdiction or venue for any
 1680  proceeding relating to the probate of an estate or the contest
 1681  of a will.
 1682         Section 36. Section 732.525, Florida Statutes, is created
 1683  to read:
 1684         732.525Liability coverage; receivership of qualified
 1685  custodians.—
 1686         (1)A qualified custodian shall:
 1687         (a)Post and maintain a blanket surety bond of at least
 1688  $250,000 to secure the faithful performance of all duties and
 1689  obligations required under this part. The bond must be made
 1690  payable to the Governor and his or her successors in office for
 1691  the benefit of all persons who store electronic records with a
 1692  qualified custodian and their estates, beneficiaries,
 1693  successors, and heirs, and be conditioned on the faithful
 1694  performance of all duties and obligations under this chapter.
 1695  The terms of the bond must cover the acts or omissions of the
 1696  qualified custodian and each agent or employee of the qualified
 1697  custodian; or
 1698         (b)Maintain a liability insurance policy that covers any
 1699  losses sustained by any person who stores electronic records
 1700  with a qualified custodian and their estates, beneficiaries,
 1701  successors, and heirs which are caused by errors or omissions by
 1702  the qualified custodian and each agent or employee of the
 1703  qualified custodian. The policy must cover losses of at least
 1704  $250,000 in the aggregate.
 1705         (2)The Attorney General may petition a court of competent
 1706  jurisdiction for the appointment of a receiver to manage the
 1707  electronic records of a qualified custodian for proper delivery
 1708  and safekeeping if any of the following conditions exist:
 1709         (a)The qualified custodian is ceasing operation;
 1710         (b)The qualified custodian intends to close the facility
 1711  and adequate arrangements have not been made for proper delivery
 1712  of the electronic records in accordance with this part;
 1713         (c)The Attorney General determines that conditions exist
 1714  which present a danger that electronic records will be lost or
 1715  misappropriated; or
 1716         (d)The qualified custodian fails to maintain and post a
 1717  surety bond or maintain insurance as required in this section.
 1718         Section 37. Section 732.526, Florida Statutes, is created
 1719  to read:
 1720         732.526Probate.—
 1721         (1)An electronic will that is filed electronically with
 1722  the clerk of the court through the Florida Courts E-Filing
 1723  Portal is deemed to have been deposited with the clerk as an
 1724  original of the electronic will.
 1725         (2)A paper copy of an electronic will which is certified
 1726  by a notary public to be a true and correct copy of the
 1727  electronic will may be offered for and admitted to probate and
 1728  shall constitute an original of the electronic will.
 1729         Section 38. Subsection (1) of section 733.201, Florida
 1730  Statutes, is amended to read:
 1731         733.201 Proof of wills.—
 1732         (1) Self-proved wills executed in accordance with this code
 1733  may be admitted to probate without further proof. However, a
 1734  purportedly self-proved electronic will may be admitted to
 1735  probate only in the manners prescribed in subsections (2) and
 1736  (3) if the execution of such electronic will, or the
 1737  acknowledgment by the testator and the affidavits of the
 1738  witnesses, involves an online notarization in which there was a
 1739  substantial failure to comply with the procedures set forth in
 1740  s. 117.265.
 1741         Section 39. Section 740.10, Florida Statutes, is created to
 1742  read:
 1743         740.10Relation to wills.—No act taken pursuant to this
 1744  chapter is valid to affect the obligation of a person to deposit
 1745  a will of a decedent as required under s. 732.901.
 1746         Section 40. Except as otherwise expressly provided in this
 1747  act, and except for this section, which shall take effect upon
 1748  becoming a law, this act shall take effect January 1, 2020.
 1749  
 1750  ================= T I T L E  A M E N D M E N T ================
 1751  And the title is amended as follows:
 1752         Delete everything before the enacting clause
 1753  and insert:
 1754                        A bill to be entitled                      
 1755         An act relating to electronic legal documents;
 1756         providing directives to the Division of Law Revision;
 1757         amending s. 117.01, F.S.; revising provisions relating
 1758         to use of the office of notary public; amending s.
 1759         117.021, F.S.; requiring electronic signatures to
 1760         include access protection; prohibiting a person from
 1761         requiring a notary public to perform a notarial act
 1762         with certain technology; requiring the Department of
 1763         State, in collaboration with the Agency for State
 1764         Technology, to adopt rules for certain purposes;
 1765         amending s. 117.05, F.S.; revising limitations on
 1766         notary fees to conform to changes made by the act;
 1767         providing for inclusion of certain information in a
 1768         jurat or notarial certificate; providing for
 1769         compliance with online notarization requirements;
 1770         providing for notarial certification of a printed
 1771         electronic record; revising statutory forms for jurats
 1772         and notarial certificates; amending s. 117.107, F.S.;
 1773         providing applicability; revising prohibited acts;
 1774         creating s. 117.201, F.S.; providing definitions;
 1775         creating s. 117.209, F.S.; authorizing online
 1776         notarizations; providing an exception; creating s.
 1777         117.215, F.S.; specifying the application of other
 1778         laws in relation to online notarizations; creating s.
 1779         117.225, F.S.; specifying registration and
 1780         qualification requirements for online notaries public;
 1781         creating s. 117.235, F.S.; authorizing the performance
 1782         of certain notarial acts; creating s. 117.245, F.S.;
 1783         requiring an online notary public to keep electronic
 1784         journals of online notarizations and certain audio
 1785         video communication recordings; specifying the
 1786         information that must be included for each online
 1787         notarization; requiring that an online notary public
 1788         retain a copy of the recording of an audio-video
 1789         communication; specifying requirements for the
 1790         recording; requiring an online notary public to take
 1791         certain steps regarding the maintenance and security
 1792         of the electronic journal; specifying that the
 1793         Department of State maintains jurisdiction for a
 1794         specified period of time for purposes of investigating
 1795         notarial misconduct; authorizing the use of specified
 1796         information for evidentiary purposes; creating s.
 1797         117.255, F.S.; specifying requirements for the use of
 1798         electronic journals, signatures, and seals; requiring
 1799         an online notary public to provide notification of the
 1800         theft, vandalism, or loss of an electronic journal,
 1801         signature, or seal; authorizing an online notary
 1802         public to make copies of electronic journal entries
 1803         and to provide access to related recordings under
 1804         certain circumstances; authorizing an online notary
 1805         public to charge a fee for making and delivering such
 1806         copies; providing an exception; creating s. 117.265,
 1807         F.S.; prescribing online notarization procedures;
 1808         specifying the manner by which an online notary public
 1809         must verify the identity of a principal or a witness;
 1810         requiring an online notary public to take certain
 1811         measures as to the security of technology used;
 1812         specifying that an electronic notarial certificate
 1813         must identify the performance of an online
 1814         notarization; specifying that noncompliance does not
 1815         impair the validity of a notarial act or the notarized
 1816         electronic record; authorizing the use of specified
 1817         information for evidentiary purposes; providing for
 1818         construction; creating s. 117.275, F.S.; providing
 1819         fees for online notarizations; creating s. 117.285,
 1820         F.S.; specifying the manner by which an online notary
 1821         public may supervise the witnessing of electronic
 1822         records of online notarizations; specifying
 1823         circumstances under which an instrument is voidable;
 1824         specifying duties of remote online notarization
 1825         service providers and online notaries public;
 1826         specifying applicable law and jurisdiction regarding
 1827         witnessing; creating s. 117.295, F.S.; authorizing the
 1828         department to adopt rules and standards for online
 1829         notarizations; providing minimum standards for online
 1830         notarizations until such rules are adopted; creating
 1831         s. 117.305, F.S.; superseding certain provisions of
 1832         federal law regulating electronic signatures; amending
 1833         s. 28.222, F.S.; requiring the clerk of the circuit
 1834         court to record certain instruments; amending s.
 1835         92.50, F.S.; revising requirements for oaths,
 1836         affidavits, and acknowledgments; amending s. 95.231,
 1837         F.S.; providing a limitation period for certain
 1838         recorded instruments; amending s. 689.01, F.S.;
 1839         providing for witnessing of documents in connection
 1840         with real estate conveyances; providing for validation
 1841         of certain recorded documents; amending s. 694.08,
 1842         F.S.; providing for validation of certain recorded
 1843         documents; amending s. 695.03, F.S.; providing and
 1844         revising requirements for making acknowledgments,
 1845         proofs, and other documents; amending s. 695.04, F.S.;
 1846         conforming provisions to changes made by the act;
 1847         amending s. 695.25, F.S.; revising the statutory short
 1848         form of acknowledgments to include acknowledgment by
 1849         online notarization; amending s. 695.28, F.S.;
 1850         providing for validity of recorded documents;
 1851         conforming provisions to changes made by the act;
 1852         amending s. 709.2119, F.S.; authorizing the acceptance
 1853         of a power of attorney based upon an electronic
 1854         journal or electronic record made by a notary public;
 1855         amending s. 709.2120, F.S.; prohibiting acceptance of
 1856         a power of attorney if witnessed or notarized
 1857         remotely; amending s. 709.2202, F.S.; prohibiting
 1858         certain authority granted through a power of attorney
 1859         if witnessed or notarized remotely; amending s.
 1860         731.201, F.S.; redefining the term “will” to conform
 1861         to changes made by the act; amending s. 732.506, F.S.;
 1862         exempting electronic wills from provisions governing
 1863         the revocation of wills and codicils; prescribing the
 1864         manner by which an electronic will or codicil may be
 1865         revoked; creating s. 732.521, F.S.; providing
 1866         definitions; creating s. 732.522, F.S.; prescribing
 1867         the manner by which an electronic will must be
 1868         executed; creating s. 732.523, F.S.; specifying
 1869         requirements for the self-proof of an electronic will;
 1870         creating s. 732.524, F.S.; specifying requirements
 1871         necessary to serve as a qualified custodian of an
 1872         electronic will; creating s. 732.525, F.S.; requiring
 1873         a qualified custodian to post and maintain a blanket
 1874         surety bond of a specified amount and maintain
 1875         liability insurance; authorizing the Attorney General
 1876         to petition a court to appoint a receiver to manage
 1877         electronic records of a qualified custodian; creating
 1878         s. 732.526, F.S.; specifying conditions by which an
 1879         electronic will is deemed to be an original will;
 1880         amending s. 733.201, F.S.; requiring that self-proved
 1881         electronic wills meet certain requirements for
 1882         admission to probate; creating s. 740.10, F.S.;
 1883         specifying that any act taken pursuant to ch. 740,
 1884         F.S., does not affect the requirement that a will be
 1885         deposited within a certain timeframe; providing
 1886         effective dates.