Updated laws for remote notarization were added to Florida Statute 117, which include significant changes to the Statute and became effective January 1, 2022. Here are some changes that remote signers signing documents electronically may want to know about:
- A remote signer may not require the Online Notary Public to use a particular platform for notarizing, however if you are signing mortgage documents, the lender or title company may dictate which platform can be used to conduct the online notarization.
- A remote signer who is not located within the United States CAN provide a passport issued by a foreign government that does not include the stamp of the United States Bureau of Citizenship and Immigration Services, HOWEVER that remote signer may not be capable of successfully completing the required Knowledge Based Authentication (KBA) required by most online notarization platforms.
- Any Florida Notary Public may take the oath of an individual testifying at any court proceeding, deposition, arbitration, or public hearing, or swearing an oath of admission to the Florida Bar by audio-video communication.
- A Online Notary Public must record the online notarization and said recording shall include: appearance by the principal signer and any witness before the online Notary Public; confirmation of the identity of the principal signer and any witness; a general description of the documents being signed; presentation by the online Notary of information sufficient to identify the notarial act; a statement by the principal signer that his or her signature on the record is knowingly and voluntarily made; all of the actions and spoken words of the principal signer, Online Notary Public, and any required witness during the entire online notarization, including the signing of any records before the Online Notary Public.
- An Online Notary Public shall provide electronic copies of pertinent documents related audio-video communication recording, or a copy the recordings, to the following persons upon request: the parties to an electronic record notarized by the Online Notary Public; the qualified custodian of an electronic will; the title agent, settlement agent, or title insurer who engaged the Online Notary Public with regard to a real estate transaction; any person who is asked to accept a power of attorney that was notarized by the Online Notary Public; and/or the Florida Department of State; any other persons pursuant to a subpoena, court order, law enforcement investigation, or other lawful inspection demand.
- A Online Notary Public or platform used to conduct the online notarization is prohibited from selling or offering to sell information obtained during a online notarization, either from the signers or third parties.
For additional information please visit the Florida Senate webpage at https://flsenate.gov/Laws/Statutes/2021?chapter=117