FL H0409

Summary of Florida HB 409 - Electronic Legal Documents (2019)

• Establishes online notarization framework: Authorizes Florida notaries public to perform notarial acts remotely via audio-video communication technology, requiring registration with the Department of State, a $25,000 bond, and errors and omissions insurance of at least $25,000

• Creates requirements for remote identity verification: Online notaries must verify principal identity through credential analysis of government-issued IDs, knowledge-based authentication with at least 5 questions requiring 80% correct answers within 2 minutes, and maintain electronic journals and audio-video recordings for at least 10 years

• Authorizes electronic wills: Allows wills to be executed electronically with electronic signatures and remote witnesses via audio-video communication, provided they are stored by a qualified custodian who must maintain a $250,000 surety bond or liability insurance and meet specific security and retention requirements

• Includes safeguards for vulnerable adults: Prohibits remote witnessing for wills, trusts, health care directives, and certain powers of attorney if the principal is a vulnerable adult or answers affirmatively to screening questions about impairment, disability, or need for daily care assistance

• Sets fees and effective dates: Caps online notarization fees at $25 per act, effective January 1, 2020, with electronic wills provisions effective July 1, 2020