A proposed amendment to the Florida Evidence Code has been filed in the Florida Senate and House (SB 548: Electronic Legal Documents by Sen. Brandes; HB 409: Electronic Legal Documents by Rep. Perez). We will continue to track it, as it works through the legislature:
Electronic Legal Documents; Revising provisions relating to use of the office of notary public; authorizing online notarizations; specifying registration and qualification requirements for online notaries public; prescribing online notarization procedures; specifying the manner by which an online notary public must verify the identity of a principal or a witness, etc.
90.803 Hearsay exceptions; availability of declarant immaterial.—The provision of s. 90.802 to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness:
(25) ELECTRONIC RECORDS OF QUALIFIED CUSTODIANS.—The electronic records, including, but not limited to, electronic wills and the audio-video recordings of the execution of such wills, which are created and stored by a qualified custodian in the course of the qualified custodian’s regularly conducted business activity as certified or declared by the qualified custodian in accordance with s. 90.902(11).