Are electronic signatures legal in Florida?

Florida has two e-signature laws

Florida's first was the Electronic Signature Act of 1996 (§§ 668.001–668.006). Its central rule is one sentence long:

In 2000, Florida added the Uniform Electronic Transactions Act (chapter 2000-164). It's written as a single long section, § 668.50, and applies to electronic records and signatures created on or after July 1, 2000 (§ 668.50(4)).

What § 668.50 says

• A record, signature or contract can't be denied legal effect just because it's electronic (§ 668.50(7)(a)–(b)).
• An electronic record satisfies a law requiring a writing, and an electronic signature satisfies a law requiring a signature (§ 668.50(7)(c)–(d)).
• It applies only between parties who have each agreed to transact electronically, judged from context and conduct, and either can refuse the next deal (§ 668.50(5)(b)–(c)).
• An electronic copy meets a record-retention rule if it accurately reflects the final record and stays accessible (§ 668.50(12)).
• Evidence can't be excluded from a proceeding just because it's electronic (§ 668.50(13)).

What Florida's UETA excludes

• Wills, codicils and testamentary trusts (§ 668.50(3)(b)1.).
• The Uniform Commercial Code, except § 671.107 and the chapters on sales (672) and leases of goods (680) (§ 668.50(3)(b)2.).
• The Uniform Computer Information Transactions Act (§ 668.50(3)(b)3.).
• Transactions governed by rules of judicial procedure, apart from the act's definitions, attribution and notarization provisions (§ 668.50(3)(c)).

Electronic wills are a separate track

The UETA doesn't cover wills, but the Florida Probate Code does have its own rules. Since July 1, 2020, any requirement that an electronic will or other probate instrument be signed can be met with an electronic signature, and witnesses can attend by audio-video technology under the online notarization rules, subject to conditions in the statute (§ 732.522). That's a job for an estate attorney, not a general e-signature tool.

Online notarization

Florida authorized online notaries in a 2019 law that took effect January 1, 2020 (chapter 117, part II). A notary registers with the Department of State as an online notary public (§ 117.225) and can then perform most notarial acts by audio-video, though not marriages (§ 117.209). For electronic notarization generally, Florida doesn't require a rubber stamp or an impression seal (§ 668.50(11)(a)). See remote online notarization. SignMaster doesn't notarize documents.

How it fits with the ESIGN Act

The federal ESIGN Act also gives electronic signatures legal effect (15 U.S.C. § 7001), and a state's UETA can supersede parts of it (§ 7002). When a law requires you to give a consumer information in writing, follow ESIGN's consumer consent steps too (§ 7001(c)). Our guide walks through both.

Practical notes for Florida businesses

• Make agreement explicit. A clause saying both sides agree to sign electronically is strong evidence of agreement under § 668.50(5).
• Let signers keep a copy. A record the recipient can't print or store isn't enforceable against them (§ 668.50(8)(c)).
• Keep the trail. Section 668.50(9) ties a signature to the person whose act it was, and that can be shown by any means.

Under § 668.50(8)(c), signers need a copy they can keep. SignMaster lets each signer download the completed PDF, and its certificate of completion logs every event with its time. Before anyone signs, they agree to sign electronically, and the disclosure version they saw is recorded with that consent.