Florida Florida Statutes

§ 117.285 — Supervising the witnessing of electronic records

FS § 117.285Ch. 117

Statute text

Supervising the witnessing of an electronic record by an online notary public in accordance with this section is a notarial act. An online notary public may supervise the witnessing of electronic records by complying with the online notarization procedures of this part and using the same audio-video communication technology used for online notarization by a principal, as follows:(1) The witness may be in the physical presence of the principal or remote from the principal provided the witness and principal are using audio-video communication technology.

(2)If the witness is remote from the principal and viewing and communicating with the principal by means of audio-video communication technology, the principal's and witness's identities must be verified in accordance with the procedures for identifying a principal as set forth in s. 117.265(4). If the witness is in the physical presence of the principal, the witness must confirm 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.

(3)The act of witnessing an electronic signature means the witness is either in the physical presence of the principal or present through audio-video communication technology at the time the principal affixes the electronic signature and the witness hears the principal make a statement to the effect that the principal has signed the electronic record.

(4)A witness remote from the principal and appearing through audio-video communication technology must verbally confirm that he or she is a resident of and physically located within the United States or a territory of the United States at the time of witnessing.

(5)Notwithstanding subsections (2) and (3), if an electronic record to be signed is a will under chapter 732; a revocable trust with testamentary aspects as described in s. 736.0403(2)(b); a health care advance directive; an agreement concerning succession or a waiver of spousal rights under s. 732.701 or s. 732.702, respectively; or a power of attorney authorizing any of the transactions enumerated in s. 7, all of the following apply when fewer than two witnesses are in the physical presence of the principal:(a) Prior to facilitating witnessing of an instrument by means of audio-video communication technology, a RON service provider shall require the principal to answer the following questions in substantially the following form:1. Are you under the influence of any drug or alcohol today that impairs your ability to make decisions?2. Do you have any physical or mental condition or long-term disability that impairs your ability to perform the normal activities of daily living?3. Do you require assistance with daily care?

(b)If any question required under paragraph (a) is answered in the affirmative, the principal's signature on the instrument may only be validly witnessed by witnesses in the physical presence of the principal at the time of signing.

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