Florida 2019 Regular Session Status: Enacted 1 R cosponsors

HB 409 — Electronic Legal Documents

Last action — Chapter No. 2019-71

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 22, 2019. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

235 added · 157 removed

235 line(s) added, 157 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 A bill to be entitled An act relating to electronic legal documents;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature 2 An act relating to electronic legal documents;
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 117.225, F.S.;
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature 117.225, F.S.;
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 certain circumstances;
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature certain circumstances;
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 standards for online notarizations until such rules are adopted;
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature standards for online notarizations until such rules are adopted;
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 of a power of attorney based upon an electronic journal or electronic record made by a notary public;
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature of a power of attorney based upon an electronic journal or electronic record made by a notary public;
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 electronic records of a qualified custodian;
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature electronic records of a qualified custodian;
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 or she deems necessary, each of whom must shall be at least 18 years of age and a legal resident of this the state.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature or she deems necessary, each of whom must shall be at least 18 years of age and a legal resident of this the state.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 (4) A person may not require a notary public to perform a notarial act with respect to an electronic record with a form of technology that the notary public has not selected to use.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature (4) A person may not require a notary public to perform a notarial act with respect to an electronic record with a form of technology that the notary public has not selected to use.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 punishable as provided in s.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature punishable as provided in s.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 personal knowledge or satisfactory evidence specified in subsection (5).
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature personal knowledge or satisfactory evidence specified in subsection (5).
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 person to believe that the person whose signature is to be notarized is not the person he or she claims to be and any one of the following:
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature person to believe that the person whose signature is to be notarized is not the person he or she claims to be and any one of the following:
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 the document is current or has been issued within the past 5 years and bears a serial or other identifying number:
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature the document is current or has been issued within the past 5 years and bears a serial or other identifying number:
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 institution of confinement were confiscated upon confinement and that the person named in the document is the person whose signature is to be notarized;
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature institution of confinement were confiscated upon confinement and that the person named in the document is the person whose signature is to be notarized;
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 ...(printout made by me from such record)....
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature ...(printout made by me from such record)....
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 ........
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature ........
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 ........, ...(year)..., by ...(name of person)...
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature ........, ...(year)..., by ...(name of person)...
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 (c) The following notarial certificates are sufficient for the purpose of notarizing for a person who signs with a mark:
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature (c) The following notarial certificates are sufficient for the purpose of notarizing for a person who signs with a mark:
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 STATE OF FLORIDA COUNTY OF ........
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature STATE OF FLORIDA COUNTY OF ........
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 s.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature s.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 Personally Known ........
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature Personally Known ........
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 (2) A notary public may not sign notarial certificates using a facsimile signature stamp unless the notary public has a physical disability that limits or prohibits his or her ability to make a written signature and unless the notary public has first submitted written notice to the Department of State with an exemplar of the facsimile signature stamp.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature (2) A notary public may not sign notarial certificates using a facsimile signature stamp unless the notary public has a physical disability that limits or prohibits his or her ability to make a written signature and unless the notary public has first submitted written notice to the Department of State with an exemplar of the facsimile signature stamp.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 to read:
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature to read:
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 (6) "Government-issued identification credential" means any approved credential for verifying identity under s.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature (6) "Government-issued identification credential" means any approved credential for verifying identity under s.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 (12) "Principal" means an individual whose electronic signature is acknowledged, witnessed, or attested to in an online notarization or who takes an oath or affirmation administered by the online notary public.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature (12) "Principal" means an individual whose electronic signature is acknowledged, witnessed, or attested to in an online notarization or who takes an oath or affirmation administered by the online notary public.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 (1) An online notary public may perform any of the functions authorized under part I of this chapter as an online notarization by complying with the requirements of this part and any rules adopted by the Department of State pursuant to s.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature (1) An online notary public may perform any of the functions authorized under part I of this chapter as an online notarization by complying with the requirements of this part and any rules adopted by the Department of State pursuant to s.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 of the notarial act.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature of the notarial act.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 under chapter 118, or an appointment as a commissioner of deeds under part IV of chapter 721, and submitting a copy of such commission or proof of such appointment with his or her registration.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature under chapter 118, or an appointment as a commissioner of deeds under part IV of chapter 721, and submitting a copy of such commission or proof of such appointment with his or her registration.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 discharge of the office, and on such terms as are specified in rule by the Department of State as reasonably necessary to protect the public.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature discharge of the office, and on such terms as are specified in rule by the Department of State as reasonably necessary to protect the public.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 Section 11.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature Section 11.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 and unedited copy of the recording of the audio-video communication in which an online notarization is performed.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature and unedited copy of the recording of the audio-video communication in which an online notarization is performed.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 any other records received by the online notary public from unauthorized access or use.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature any other records received by the online notary public from unauthorized access or use.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 make an entry in his or her electronic journal identifying such repository, and provide notice to the Department of State as required in this subsection.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature make an entry in his or her electronic journal identifying such repository, and provide notice to the Department of State as required in this subsection.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 protection using passwords or codes under control of the online notary public.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature protection using passwords or codes under control of the online notary public.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 (c) The title agent, settlement agent, or title insurer who insured the electronic record or engaged the online notary public with regard to a real estate transaction;
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature (c) The title agent, settlement agent, or title insurer who insured the electronic record or engaged the online notary public with regard to a real estate transaction;
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 If the online notary public does charge a fee, the online notary public shall disclose the amount of such fee to the requester before making the electronic copies.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature If the online notary public does charge a fee, the online notary public shall disclose the amount of such fee to the requester before making the electronic copies.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 between the notary public and the principal and any witnesses.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature between the notary public and the principal and any witnesses.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 not contain sufficient information to permit authentication, the online notary public may not perform the online notarization.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature not contain sufficient information to permit authentication, the online notary public may not perform the online notarization.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 evidentiary purposes.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature evidentiary purposes.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 his or her identity by stating his or her name and current address on the audio-video recording as part of the act of witnessing.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature his or her identity by stating his or her name and current address on the audio-video recording as part of the act of witnessing.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 1.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature 1.
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hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 questions, each of which must be asked by the online notary public in substantially the following form:
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature questions, each of which must be asked by the online notary public in substantially the following form:
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 in s.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature in s.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 witnessing performed pursuant to this section satisfies any requirement that the witness must be a subscribing or attesting witness or must be in the presence of the principal at the time of signing.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature witnessing performed pursuant to this section satisfies any requirement that the witness must be a subscribing or attesting witness or must be in the presence of the principal at the time of signing.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 (b) Education requirements for online notaries public and the required terms of bonds and errors and omissions insurance, but not including the amounts of such bonds and insurance policies.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature (b) Education requirements for online notaries public and the required terms of bonds and errors and omissions insurance, but not including the amounts of such bonds and insurance policies.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 the principal's social security number or other identification information, or the principal's identity and historical events records.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature the principal's social security number or other identification information, or the principal's identity and historical events records.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 requirements:
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature requirements:
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 Association;
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature Association;
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 following kinds of instruments presented to him or her for recording, upon payment of the service charges prescribed by law:
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature following kinds of instruments presented to him or her for recording, upon payment of the service charges prescribed by law:
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 administered by or before any judge, clerk, or deputy clerk of a court of record, the seal of such court may be affixed as the seal of such officer or person.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature administered by or before any judge, clerk, or deputy clerk of a court of record, the seal of such court may be affixed as the seal of such officer or person.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 after the recording of a power of attorney accompanying and used for an instrument required to be executed in accordance with s.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature after the recording of a power of attorney accompanying and used for an instrument required to be executed in accordance with s.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 term of more than 1 year, or by the party's lawfully authorized agent, unless by will and testament, or other testamentary appointment, duly made according to law;
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature term of more than 1 year, or by the party's lawfully authorized agent, unless by will and testament, or other testamentary appointment, duly made according to law;
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 electronic record.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature electronic record.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 conveyances of said land or parts thereof have been made, executed, delivered and recorded by parties claiming under such instrument or instruments, and such power of attorney or conveyance, or the public record thereof, shows upon its face a clear purpose and intent of the person executing the same to authorize the conveyance of said land or to convey the said land, the same shall be taken and held by all the courts of this state, in the absence of any showing of fraud, adverse possession, or pending litigation, to have authorized the conveyance of, or to have conveyed, the fee simple title, or any interest therein, of the person signing such instruments, or the person in behalf of whom the same was conveyed by a person in an official or representative capacity, to the land therein described as effectively as if there had been no defect in, failure of, or absence of the acknowledgment or the certificate of acknowledgment, if acknowledged, or the relinquishment of dower, and as if there had been no lack of the word "as" preceding the title of the person conveying in an official or representative capacity, of any seal or seals, or of any witness or witnesses, and shall likewise be taken and held by all the courts of this state to have been duly recorded so as to be admissible in evidence;
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature conveyances of said land or parts thereof have been made, executed, delivered and recorded by parties claiming under such instrument or instruments, and such power of attorney or conveyance, or the public record thereof, shows upon its face a clear purpose and intent of the person executing the same to authorize the conveyance of said land or to convey the said land, the same shall be taken and held by all the courts of this state, in the absence of any showing of fraud, adverse possession, or pending litigation, to have authorized the conveyance of, or to have conveyed, the fee simple title, or any interest therein, of the person signing such instruments, or the person in behalf of whom the same was conveyed by a person in an official or representative capacity, to the land therein described as effectively as if there had been no defect in, failure of, or absence of the acknowledgment or the certificate of acknowledgment, if acknowledged, or the relinquishment of dower, and as if there had been no lack of the word "as" preceding the title of the person conveying in an official or representative capacity, of any seal or seals, or of any witness or witnesses, and shall likewise be taken and held by all the courts of this state to have been duly recorded so as to be admissible in evidence;
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 year of the effective date of this law.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature year of the effective date of this law.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 Governor of this state;
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature Governor of this state;
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 States appointed to reside in such country;
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature States appointed to reside in such country;
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 authentications, or proofs taken, administered, or made in any manner as set forth in subsections (1), (2), and (3) are validated and upon recording may not be denied to have provided constructive notice based on any alleged failure to have strictly complied with this section, as currently or previously in effect, or the laws governing notarization of instruments.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature authentications, or proofs taken, administered, or made in any manner as set forth in subsections (1), (2), and (3) are validated and upon recording may not be denied to have provided constructive notice based on any alleged failure to have strictly complied with this section, as currently or previously in effect, or the laws governing notarization of instruments.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 117.05.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature 117.05.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 The foregoing instrument was acknowledged before me by means of [] physical presence or [] online notarization, this ...(date)...
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature The foregoing instrument was acknowledged before me by means of [] physical presence or [] online notarization, this ...(date)...
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 ...(Title or rank)...
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature ...(Title or rank)...
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 ...(Signature of person taking acknowledgment)...
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature ...(Signature of person taking acknowledgment)...
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 all persons notwithstanding:
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature all persons notwithstanding:
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 validity or enforceability of an instrument or electronic record based upon fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or any other basis not in the nature of those matters described in subsection (1).
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature validity or enforceability of an instrument or electronic record based upon fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or any other basis not in the nature of those matters described in subsection (1).
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 notarization.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature notarization.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 (e)(d) Except as provided in paragraph (b), the third person believes in good faith that the power is not valid or that the agent does not have authority to perform the act requested;
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature (e)(d) Except as provided in paragraph (b), the third person believes in good faith that the power is not valid or that the agent does not have authority to perform the act requested;
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 definitions in subsequent chapters that are applicable to specific chapters or parts, and unless the context otherwise requires, in this code, in s.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature definitions in subsequent chapters that are applicable to specific chapters or parts, and unless the context otherwise requires, in this code, in s.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 to read:
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature to read:
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 s.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature s.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 (3) Except as otherwise provided in this part, all questions as to the force, effect, validity, and interpretation of an electronic will which comply with this section must be determined in the same manner as in the case of a will executed in accordance with s.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature (3) Except as otherwise provided in this part, all questions as to the force, effect, validity, and interpretation of an electronic will which comply with this section must be determined in the same manner as in the case of a will executed in accordance with s.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 under oath that, to the best knowledge of the qualified custodian, the electronic record that contains the electronic will was at all times before being offered to the court in the custody of a qualified custodian in compliance with s.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature under oath that, to the best knowledge of the qualified custodian, the electronic record that contains the electronic will was at all times before being offered to the court in the custody of a qualified custodian in compliance with s.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 will that is currently or was previously stored by the qualified custodian any information requested by the court pertaining to the qualified custodian's qualifications, policies, and practices related to the creation, sending, communication, receipt, maintenance, storage, and production of electronic wills.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature will that is currently or was previously stored by the qualified custodian any information requested by the court pertaining to the qualified custodian's qualifications, policies, and practices related to the creation, sending, communication, receipt, maintenance, storage, and production of electronic wills.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 custody of the electronic record of an electronic will may elect to cease serving in such capacity by:
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature custody of the electronic record of an electronic will may elect to cease serving in such capacity by:
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 this section since the time the electronic record was created, and identifying such qualified custodians;
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature this section since the time the electronic record was created, and identifying such qualified custodians;
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 authorized officer or agent of such entity, acting in his or her own capacity as such, shall constitute an affidavit, or an appearance by the testator in the presence of the qualified custodian.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature authorized officer or agent of such entity, acting in his or her own capacity as such, shall constitute an affidavit, or an appearance by the testator in the presence of the qualified custodian.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 (12) Except as provided in this act, a qualified custodian must at all times keep information provided by the testator confidential and may not disclose such information to any third party.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature (12) Except as provided in this act, a qualified custodian must at all times keep information provided by the testator confidential and may not disclose such information to any third party.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 (b) Maintain a liability insurance policy that covers any losses sustained by any person who stores electronic records with a qualified custodian and their estates, beneficiaries, successors, and heirs which are caused by errors or omissions by the qualified custodian and each agent or employee of the qualified custodian.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature (b) Maintain a liability insurance policy that covers any losses sustained by any person who stores electronic records with a qualified custodian and their estates, beneficiaries, successors, and heirs which are caused by errors or omissions by the qualified custodian and each agent or employee of the qualified custodian.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 Portal is deemed to have been deposited with the clerk as an original of the electronic will.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature Portal is deemed to have been deposited with the clerk as an original of the electronic will.
hb0409-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 409 2019 becoming a law, this act shall take effect January 1, 2020.
hb0409-03-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/HB 409 2019 Legislature becoming a law, this act shall take effect January 1, 2020.
hb0409-02-c2
hb0409-03-er
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Action History

  1. Chapter No. 2019-71

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. CS passed; YEAS 39 NAYS 0 -SJ 849, 850

  6. Read 3rd time

  7. Placed on 3rd reading

  8. Read 2nd time

  9. Substituted for CS/SB 548

  10. Placed on Calendar, on 2nd reading

  11. Withdrawn from Judiciary; Governmental Oversight and Accountability; Rules

  12. Received

  13. Referred to Judiciary; Governmental Oversight and Accountability; Rules

  14. In Messages

  15. CS passed; YEAS 87 NAYS 28

  16. Read 3rd time

  17. Placed on 3rd reading

  18. Read 2nd time

  19. Placed on Special Order Calendar, 04/23/19

  20. Placed on Calendar

  21. CS/CS by Judiciary Committee read 1st time

  22. Pending review of CS -under Rule 7.18(c)

  23. CS/CS by- Judiciary Committee; YEAS 17 NAYS 1

  24. On Committee agenda-- Judiciary Committee, 04/16/19, 1:30 pm, Sumner Hall

  25. Now in Judiciary Committee

  26. Favorable by Transportation and Tourism Appropriations Subcommittee; YEAS 10 NAYS 1

  27. On Committee agenda-- Transportation and Tourism Appropriations Subcommittee, 03/26/19, 9:00 am, Reed Hall

  28. Now in Transportation and Tourism Appropriations Subcommittee

  29. CS by Civil Justice Subcommittee read 1st time

  30. Pending review of CS under Rule 7.18(c)

  31. CS by Civil Justice Subcommittee; YEAS 14 NAYS 2

  32. On Committee agenda-- Civil Justice Subcommittee, 03/13/19, 8:30 am, Sumner Hall

  33. Introduced

  34. On Committee agenda-- Civil Justice Subcommittee, 03/06/19, 8:00 am, Sumner Hall -- Temporarily postponed

  35. Referred to Civil Justice Subcommittee; Transportation and Tourism Appropriations Subcommittee; Judiciary Committee

  36. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 162 not signed on · 8 voted No

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (162)

162 members have not signed on to this bill.

Show all 162 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 9000
Democrat 2000
Unaffiliated 27001
No Party Affiliation 1000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Book — Yea
Bracy — Yea
Broxson — Yea
Cruz — Yea
Diaz — Yea
Farmer — Yea
Gainer — Yea
Hutson — Yea
Powell — Yea
Stewart — Yea
Taddeo — Yea
Thurston — Yea
Torres — Yea
Rader — Yea
Baxley — Yea
Bean — Yea
Gibson — Yea
Benacquisto — Yea
Simmons — Yea
Simpson — Yea
Stargel — Yea
Lee — Yea
Brandes — Yea
Braynon — Yea
Montford — Yea
Perry — Yea
Galvano — Yea
Flores — Not Voting
Berman, Lori Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Bradley, Jennifer Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Passage, Third Reading

Passed 87 Yea · 28 Nay · 5 Other
Party YeaNayPresentNot Voting
Democrat 5501
Unaffiliated 592101
Republican 23200
Total 872802
% of votes cast 74%24%0%2%
How each member voted (117)
Member Party Vote
Ausley — Nay
Brown — Nay
Byrd — Yea
Cummings — Yea
Diamond — Nay
Donalds — Yea
Drake — Yea
DuBose — Yea
Duran — Yea
Good — Nay
Hill — Yea
Ingoglia — Yea
Jacquet — Yea
Jenne — Nay
Killebrew — Yea
Magar — Yea
Mariano — Yea
McGhee — Nay
Ponder — Yea
Pritchett — Nay
Renner — Yea
Rommel — Yea
Roth — Yea
Santiago — Yea
Silvers — Yea
Sprowls — Yea
Stevenson — Yea
Stone — Yea
Toledo — Yea
Tomkow — Yea
Grant, J. — Yea
Raschein — Yea
Grant, M. — Yea
Roach — Yea
Grieco — Yea
Robinson — Yea
Bell — Yea
Hage — Yea
Rodrigues, R. — Yea
Beltran — Yea
Hart — Nay
Hattersley — Nay
Sabatini — Yea
Bush — Nay
Caruso — Yea
Casello — Yea
Slosberg — Nay
Clemons — Yea
Cortes — Nay
Latvala — Yea
Sullivan — Yea
Alexander — Nay
Aloupis — Yea
Altman — Yea
Valdes — Nay
Fernandez — Yea
Omphroy — Yea
Watson, B. — Nay
Fernandez-Barquin — Yea
Watson, C. — Nay
Fetterhoff — Yea
Webb — Yea
Williams — Nay
Fitzenhagen — Yea
Goff-Marcil — Nay
Polo — Nay
Zika — Yea
Eagle — Yea
Fine — Yea
Fischer — Yea
Geller — Yea
Jacobs — Not Voting
Mercado — Yea
Newton — Nay
Oliva — Yea
Payne — Yea
Pigman — Yea
Willhite — Yea
Williamson — Yea
La Rosa — Yea
Thompson, Geraldine F. "Geri" — Nay
Antone, Bruce Hadley Democrat Nay
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Nay
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Jones, Shevrin D. "Shev" Democrat Not Voting
Joseph, Dotie Democrat Nay
Polsky, Tina Scott Democrat Nay
Smith, Carlos Guillermo Democrat Nay
Andrade, Robert Alexander "Alex" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Grall, Erin Republican Nay
Johnson, Chad Republican Nay
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rodriguez, Ana Maria Republican Yea
Rodriguez, Ana Maria Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Stark, Paula A. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passed 17 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11100
Republican 3000
Democrat 3000
Total 17100
% of votes cast 94%6%0%0%
How each member voted (18)
Member Party Vote
Diamond — Nay
Geller — Yea
Hill — Yea
Killebrew — Yea
Mercado — Yea
Renner — Yea
Rommel — Yea
Alexander — Yea
Beltran — Yea
Fernandez-Barquin — Yea
Fitzenhagen — Yea
Grant, J. — Yea
Driskell, Fentrice Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Brannan III, Robert Charles "Chuck" Republican Yea
LaMarca, Chip Republican Yea
Sirois, Tyler I. Republican Yea

Official roll call →

Passed 10 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7100
Republican 3001
Total 10101
% of votes cast 83%8%0%8%
How each member voted (12)
Member Party Vote
Drake — Yea
DuBose — Yea
Geller — Yea
Ingoglia — Yea
Mariano — Yea
Willhite — Yea
Fetterhoff — Yea
Watson, B. — Nay
Leek, Thomas J. "Tom" Republican Yea
Rodriguez, Ana Maria Republican Not Voting
Smith, David Republican Yea
Trumbull, Jay Republican Yea

Official roll call →

Passed 14 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democrat 2000
Unaffiliated 10200
Republican 2000
Total 14200
% of votes cast 88%13%0%0%
How each member voted (16)
Member Party Vote
Diamond — Nay
Hill — Yea
Mercado — Yea
Payne — Yea
Rommel — Yea
Stone — Yea
Toledo — Yea
Bell — Yea
Beltran — Yea
Grant, M. — Yea
Omphroy — Yea
Thompson, Geraldine F. "Geri" — Nay
Antone, Bruce Hadley Democrat Yea
Gregory, Emily Democrat Yea
DiCeglie, Nick Republican Yea
Rodriguez, Ana Maria Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 409?
HB 409 is sponsored by Grant and Perez, Daniel (Republican).
What is the current status of HB 409?
This bill has been enacted into law. Introduced January 22, 2019. Enacted.
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