Online Notary Services
House Bill 409 makes several changes to the laws governing notary services, which took place on January 1, 2020. The changes effect several Florida Statutes.
The changes to the notary statutes include providing that a notary’s electronic signature that must be retained under the notary’s sole control includes access protection with passwords or codes under the control of the notary, provides that all electronic notarizations performed on or after January 1, 2020, must comply with the standards adopted by the Department of State, and requires a notary to use a certificate in substantially the form provided in the new law for notarizing a copy of a tangible or an electronic record or a printout of an electronic record, among others.
The changes to the statutes require a notary, civil law notary or commissioner of deeds who wants to register as an online notary to (a) hold a current notary or civil law notary commission or appointment as a commissioner of deeds and submit proof of commissioning or appointment; (b) certify that he or she has completed a classroom or online course covering the duties, obligations and technology requirements for serving as an online Notary; (c) pay the registration fee; (d) submit a signed and sworn registration as an online Notary to the Department of State; (e) Identify the RON service provider for audio-video communication technology, identity proofing and credential analysis the applicant intends to use and confirming that these technologies satisfy the requirements of the new law and rules adopted by the Department of State; and (f) provide evidence satisfactory to the Department of State that the applicant obtained a $25,000 bond as an online Notary and a minimum $25,000 errors and omissions policy on such terms as are specified by the Department of State by rule.
A notary performing online notarization services must also keep and maintain and electronic journal of his or her online notarizations.