Florida Amends Provisions Regarding Online Notarization and Electronic Wills

Florida legislature recently enacted House Bill 483 (HB 483), which amends Florida’s provisions regarding online notarization and electronic wills.  HB 483 provides that the amendments made by the bill are remedial in nature and apply retroactively to January 1, 2020.

Of note, HB 483 amends the definition of “online notarization” to include any witness that appears before the notary public by means of audio-video communication technology and requires an online notary to verify the principal’s identity when an online notary public is supervising the execution and witnessing of an electronic record.  The bill also clarifies that supervising the witnesses of an electronic record by an online notary public is a notary act and the online notarization procedures still apply in circumstances where an electronic document requires witnesses but not notarization.  The requirements for supervision of electronic records have also been clarified to be applicable only when less than two witnesses are in the physical presence of the principal who is executing one of the enumerated electronic estate planning documents, not limited to “a waiver of spousal rights” and applicable to specific agreements or waivers of rights.