Florida and Kentucky Legislative Update

The Florida and Kentucky legislatures have amended their respective laws concerning on-line notarizations and electronic documents.  Both amendments are effective January 1, 2020. 

 

FLORIDA HOUSE BILL 409

 

At the time a notarial act is performed, the certificate of acknowledgement must include whether the signer personally appeared before the notary public at the time of notarization by physical presence or by means of audio-visual communication technology as authorized. 

 

The clerk of the circuit court will record copies of any instruments originally created and executed using an electronic signature and certified to be a true and correct paper printout by a notary public, if the county recorder is not prepared to accept electronic documents for recording electronically.

 

The requirement that an instrument be signed in the presence of two subscribing witnesses may be satisfied by witnesses being present and electronically signing by means of audio-visual communication technology.  The act of witnessing an electronic signature is satisfied if a witness is in the physical presence of the principal or present through audio-video communication technology at the time the principal affixes their electronic signature and the witness hears the principal make a statement acknowledging that the principal has signed the electronic record.   

 

KENTUCKY SENATE BILL 114

 

A Kentucky online notary public may perform an electronic notarization provided the online notary is located in Kentucky while performing the notarial act and if:

  • The online notary public has:
    • Personal knowledge of the identity of the individual appearing before the online notary; or
    • Satisfactory evidence of the identity of the individual; and
  • At the time of the electronic notarization:
    • The individual appearing before the online notary is located in Kentucky, or elsewhere within the geographic boundaries of a state of the United States; or
    • The individual is located outside the United States and:
      • The individual confirms to the online notary that the record is to be filed with or relates to a matter before a court, government entity, public official or other entity located in the United States or relates to a transaction substantially connected to the United States; and
      • To the best of the online notary public’s actual knowledge, the act of making the statement or signing the record is not prohibited by the jurisdiction where the individual is based.

 

If the notarial act involves a statement made in or a signature executed on an electronic record by an individual by means of communication technology, the notarial certificate should contain a statement substantially similar to the following:  “This notarial act involved the use of communication technology.”

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Diane Jenkins

Director, National Mortgage Compliance Practice Group

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