FL Senate Bill 526

Legislation

State: Florida
Signed: May 14, 2015

Effective: July 01, 2015
Chapter: 2015-23

Summary

Senate Bill 526 allows various correctional officers who have the power to administer oaths and affirmations to administer oaths and affirmations using reliable electronic means without the oath-taker or affiant physically present.

Affects

Amends Florida Statutes Sections 92.525 and 117.10.

Changes

Clarifies that a law enforcement officer, correctional officer, correctional probation officer, traffic accident investigation officer, or traffic infraction enforcement officer may administer an oath through reliable electronic means or in the physical presence of the affiant.
Defines “reliable electronic means” as the signing and transmission of a document through means compliant with criminal justice information system security measures, and further stipulates that the signing and transmission of the document must be made by an affiant to an officer authorized to administer oaths under circumstances that indicate that the document was submitted by the affiant.
Clarifies that an oath administered by electronic means satisfies the requirement under under F.S. 92.525.

Analysis

In Florida, certain correctional officers are authorized to administer oaths in the performance of their duties. For example, when taking the report in a criminal investigation or traffic accident, an officer will need to have his or her signature notarized under oath, or administer an oath to an affiant during the investigation or accident. Under current law, these oaths must be administered in person. SB 526 now will allow the oaths to be administered remotely. Any electronic means utilized in administering an oath must comply with criminal justice information systems security measures.

Read Senate Bill 526.