Can you do remote notary in Florida?

With the increasing demand for digital and remote services, the state of Florida has adapted its laws to accommodate remote online notarization (RON).

This article explores the legal framework, requirements, and steps to become an online notary in Florida, providing a comprehensive guide for those interested in offering or utilizing remote notary services in the state.

Legal Framework for Remote Notarization in Florida

On June 7, 2019, House Bill 409, titled “Electronic Legal Documents,” was signed into law (Chapter 2019-71, Laws of Florida). This legislation, which took effect on January 1, 2020, authorizes Florida notaries to perform remote online notarizations. The law outlines specific duties and responsibilities for online notaries, as well as detailed procedures for applying. Here are the key aspects of the legal framework:

• HB 409: The bill legalizes electronic notarizations and remote online notarizations, allowing notaries to notarize documents electronically and remotely.
• Florida Administrative Code 1N-7001: This section outlines the duties, responsibilities, and application procedures for online notaries in Florida.
• Effective Date: The law has been in effect since January 1, 2020, making remote notarization a legal practice in the state.

Requirements to Become a Remote Notary in Florida

To become an online notary in Florida, individuals must meet specific requirements and complete a series of steps. These include:

• Current Notary Commission: You must hold a valid notary public commission in the state of Florida.
• Application: Submit an application to become an online notary through the Florida Department of State’s website.
• Training: Complete a state-approved training course that covers the responsibilities and procedures for performing remote notarizations.
• Technology: Utilize a state-approved remote notarization platform that provides secure audio-video communication, identity verification, and record-keeping.
• Bond and Insurance: Obtain a surety bond and an errors and omissions (E&O) insurance policy as required by Florida law.

Steps to Perform Remote Notarizations in Florida

Once you meet the requirements, follow these steps to perform remote notarizations in Florida:

• Step 1: Application and Approval: Submit your application and wait for approval from the Florida Department of State.
• Step 2: Complete Training: Enroll in and complete a state-approved training course on remote notarization.
• Step 3: Choose a Platform: Select a state-approved remote notarization platform that meets Florida’s legal and technical requirements.
• Step 4: Identity Verification: Use the platform’s identity verification tools to confirm the signer’s identity remotely.
• Step 5: Conduct Notarization: Perform the notarization via a live audio-video session, ensuring the signer understands the document and is signing voluntarily.
• Step 6: Record and Store: Record the notarization session and store the video and related documents securely as required by law.

Benefits of Remote Notarization in Florida

Remote notarization offers several advantages for both notaries and clients in Florida:

• Convenience: Notarizations can be conducted from any location with internet access, eliminating the need for in-person meetings.
• Accessibility: Provides greater access to notary services for individuals in remote or rural areas, as well as those with mobility issues.
• Efficiency: Speeds up the notarization process, reducing turnaround times for document handling and execution.
• Security: Enhances the security of notarizations through advanced digital tools and verification methods, ensuring the integrity of the process.
• Flexibility: Offers flexible scheduling options for both notaries and signers, accommodating various needs and timelines.

Challenges and Considerations

While remote notarization offers many benefits, there are also challenges and considerations to keep in mind:

• Technological Requirements: Both the notary and the signer must have access to reliable technology, including a computer with a webcam, microphone, and secure internet connection.
• Regulatory Compliance: Notaries must stay informed about Florida’s specific regulations and compliance requirements for remote notarization.
• Security Measures: Implementing robust security measures to protect sensitive information and prevent fraud is crucial.
• Legal Acceptance: Ensure that the notarized document will be accepted by all parties involved, as some entities may have specific requirements regarding the notarization process.

For more detailed information on the legal aspects and requirements of remote notarization in Florida, visit our comprehensive guide: Is Remote Notary Legal in Florida?

Future Outlook for Remote Notarization in Florida

As remote notarization continues to gain popularity, Florida is likely to see ongoing advancements and updates to its regulations and practices. Keeping abreast of these changes will be essential for notaries and clients alike to ensure compliance and take full advantage of the benefits offered by remote notarization.

Frequently Asked Questions

1. Can you perform remote notarizations in Florida?

Yes, remote notarization is legal in Florida, and notaries can perform online notarizations after completing the necessary application and training requirements.

2. What are the requirements to become a remote notary in Florida?

Requirements include holding a current notary commission, completing an application, undergoing state-approved training, using a state-approved platform, and obtaining a surety bond and E&O insurance.

3. What are the benefits of remote notarization in Florida?

Benefits include convenience, accessibility, efficiency, security, and flexibility, making the notarization process easier and more accessible for both notaries and clients.

4. What challenges should be considered for remote notarization?

Challenges include ensuring reliable technology, staying compliant with regulations, implementing robust security measures, and ensuring legal acceptance of notarized documents.

Remote notarization is a legal and viable option in Florida, providing a modern, efficient, and secure way to handle notarial acts. By understanding the legal framework, meeting the necessary requirements, and leveraging advanced technology, notaries and clients can benefit from the convenience and accessibility of remote notarization. Stay informed about the latest developments and best practices to ensure successful and compliant notarizations in the digital age.