Summary
This Florida House of Representatives staff analysis summarizes CS/CS/HB 409 (enacted as ch. 2019-71, Laws of Florida), which authorizes remote online notarization and electronic wills. The bill establishes registration, technology standards, and procedures for online notaries; creates requirements for electronic journals and audio-video recordings; and sets rules for executing, self-proving, storing, and revoking electronic wills, including the role of a qualified custodian. It also amends related laws on powers of attorney, real estate conveyances, and court recording of electronically signed instruments.
Practice areas
Key quotations
“The bill authorizes remote notarization and the use of an electronic will.” (Summary Analysis)
“The bill defines an electronic will as an instrument, including a codicil, executed with a person’s electronic signature, which disposes of the person's property on or after their death and includes an instrument which appoints a personal representative or revokes or revises another will.” (Effect of Changes: Electronic Wills)
“A testator, or some other person in the testator's presence and at the testator's direction, may revoke an electronic will by deleting, canceling, rendering unreadable, or obliterating it with the intent, and for the purpose of revocation.” (Revoking an Electronic Will)
Factual background
This staff analysis for the Florida House of Representatives examines CS/CS/HB 409 (2019), which authorizes remote online notarization and the creation of electronic wills. It provides background on current Florida law regarding notaries public, powers of attorney, and wills, and describes the bill's provisions for online notary registration, technology standards for identity proofing, credential analysis, audio-video communication, electronic journals, and the execution, self-proving, storage, and revocation of electronic wills.
Procedural history
CS/CS/HB 409 passed the House on April 24, 2019, and subsequently passed the Senate on May 2, 2019. The bill was approved by the Governor on June 7, 2019, as chapter 2019-71, Laws of Florida, and will become effective on January 1, 2020, except as otherwise provided.