For starters, many legal professionals and Florida Notary Publics don’t know that the Florida Statutes on online notarization have been modified effective January 1, 2022, due to House Bill 121 (“Bill”) being passed. We are the first state Bill to amend remote notarization provisions. The Bill adds new rules for recordings of remote notarizations and privacy. This is why it is important to pursue constant education on RON. Some of the modifications include, but are not limited to, updated obligations for online notaries and RON service providers (also known as platforms) as follows:
- The responsibility to provide copies or access is now on the online Notary or RON service provider.
- The RON service provider and not the online Notary is responsible for the recording storage.
- Clarifies that fees for services other than notarial acts, including any fees charged by a RON service provider, are not governed by the Florida Statutes.
- “Remote presentation” means transmission of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to identify the individual seeking the notary’s services and to perform credential analysis through audio-video communication technology.
- An online notary MAY ACCEPT foreign identification as a government-issued identification credential to verify the signer’s identity.
- Authorizes a Notary Public to 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.
Did you know about the updates indicated of the above?
If not, we provide trainings for RON so that you don’t have to constantly check for updates to the laws and/or rules. Most our trainings provide education, materials and efficiency guidance on basic RON practices. We also provide specialized training for select areas of law such as estate planning signings online. The e-recording of an electronic Last Will and Testament cannot be produced by the RON service provider or the online Notary Public. This can only be produced by the Testator’s/Testatrix’s designated Qualified Custodian.
In conclusion, its important to stay informed on RON as a notary public and/or legal professional; and to be educated on RON when seeking a RON so that you can confirm the RON is being performed in accordance with the current Florida law when getting documents notarized online.
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.