Florida Passes Remote Online Notarization and Electronic Will Bills Together
New Paragraph has to be added to Notary Documents in Florida, Find the link and read pages 14-15 Add them to your documents!
See the Changes on Page 14-15 of the new Law
In addition to the creation of the remote notarization requirements, changes to Florida Statutes Section 117.05 require revisions to the form of the notary block to be contained on instruments and affidavits, and this change in the form is mandatory (on all forms, not just forms that are electronically notarized). The relevant portion of the statutory acknowledgment of a principal in their individual capacity should read as follows (the yellow-highlighted section is the new required language):
The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of _______, __(year), by __________ …….
Similarly, for an instrument requiring an oath or affirmation, the relevant portion of the statutory certificate should read as follows (the yellow-highlighted section is the new required language):
Sworn to (or affirmed) and subscribed before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of _______, __(year), by __________ ……
All other portions of the notarization block remain in effect. The failure to include this language commencing on January 1 may result in the document being rejected for purposes of recording. The important date is the date the document is signed. If a document is signed before January 1, then the “old form” is fine, even if the document is recorded after January 1. That being said, if the document is signed on January 1, then it should be on the new form to avoid any potential recording issues.
Over the past few years, we’ve watched families, businesses, and communities rally around providing access to technology for life’s most important moments. Some of these efforts take time, but on the other side of these coalitions, lies impact-full solutions that will benefit generations to come.
bill (House Bill 409), but also included an E-Will bill as part of its legislation. Governor Ron DeSantis added his signature HB 409, bringing the efficiencies of remote online notarization to the half a million notaries that call the Sunshine State home. The bill will take effect January 1, 2020.
For the over 20 million residents of Florida, and nearly 500,000 notaries, anyone can now buy or sell real estate, sign and notarize documents, or set up Wills to protect their loved ones — entirely online.
“Remote online notarization provides the single biggest opportunity of our careers,” said James Schlimmer, Managing Partner at Cottrell Title & Escrow. “It gives millions of real estate professionals the ability to differentiate themselves and provide a convenient, on-demand closing experience for buyers and sellers that just makes sense.”
House Bill 409 will also allow remote notaries to execute fully electronic wills, in a state where more than half the population is over 40. One survey found that 40% of Baby Boomers (ages 53-71) do not have a will.
“It’s a win for the entire state of Florida,” said Cody Barbo, Co-Founder and CEO of Trust & Will. “When a top-five populated state passes something this innovative, it changes the entire industry. Our mission is to help everyone leave a lasting legacy, no matter if you’re a parent, a Baby Boomer, or someone who wants to have peace of mind for how their loved ones will be taken care of. Florida is taking that step to help us realize that vision nationwide.”
Florida is the 11th new state to adopt RON legislation in 2019, and 21st overall.
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See the Changes on Page 14-15 of the new Law
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