Great question, the obvious answer seems to indicate “Yes”. However, beginning on January 1, 2022, the Florida Statutes on Remote Online Notarization were modified to address this question. There are selected individuals and businesses under Chapter 117 Section 255 – 2020 Florida Statutes – The Florida Senate (flsenate.gov) that are eligible to retrieve the e-records of the signer without their explicit consent upon request. So, who are these individuals and businesses? Pursuant to Florida Law, they are as follows:
“(a) The parties to an electronic record notarized by the online notary public;
(b) The qualified custodian of an electronic will notarized by the online notary public;
(c) The title agent, settlement agent, or title insurer who insured the electronic record or engaged the online notary public with regard to a real estate transaction;
(d) The online notary public’s RON service provider whose services were used by the online notary public to notarize the electronic record;
(e) Any person who is asked to accept a power of attorney that was notarized by the online notary public;
(f) The Department of State pursuant to a notary misconduct investigation; and
(g) Any other persons pursuant to a subpoena, court order, law enforcement investigation, or other lawful inspection demand.”
Therefore, the custodian of e-records may share the electronically signed documents and/or audio and video recording to parties to the record, custodian delegated for the e-Will, title agent(s), a power of attorney agent, the Florida Department of State and any court ordered person(s).
In conclusion, the Florida Notary Public does not have to get consent from the signer or signers to release this information pursuant to the Florida Law. My recommendation for best practice is to always include the signer(s) in the releasing of any documents to avoid any miscommunication, however that is not required.
Written by: Genna Rubolino, FRP, General Manager
Florida Notary Public and Florida Online Notary
Guardian Ad Litem: 15th Judicial Circuit
Please note that I, as the author of this article, am not a licensed attorney and as such cannot offer legal advice. No content of this article/blog post is intended as, nor should it be construed as legal advice.