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A Practical Guide to Florida’ s Remote Online Notarization
Law All Attorneys Need to Know
In an increasingly digital legal world, remote online notarization is a powerful tool for estate planners and real estate attorneys, but only if it is used correctly. As of July 1, 2020, Florida’ s Remote Online Notarization(“ RON”) law permits notaries to perform notarizations using secure, two-way audio-video communication, subject to detailed compliance requirements under Chapter 117, Florida Statutes.
Who Can Perform RON?
Florida’ s RON law only allows commissioned Florida notaries, civillaw notaries, and commissioners of deeds to serve as online notaries. To do so, they must complete a two-hour, state-approved training course and register with the Florida Department of State. Importantly, notaries must contract with an approved RON service provider( such as Notarize, DocVerify, or SIGNiX) before performing any remote acts. A list of service providers can be found at https:// online-notary. sunbiz. org / ServiceProviders? handler = viewall.
Additionally, the notary must be present in the state of Florida when notarizing the document, though the signer and witnesses can be located anywhere in the country during the remote signing. The process is nonetheless governed by Florida law.
Identity Verification is the Most Step
Florida’ s RON law requires that signers’ identities be verified through a three-part process consisting of( 1) remote presentation of a governmentissued ID,( 2) credential analysis, and( 3) identity proofing using knowledge-based authentication(“ KBA”) or biometric data. This requires remote signers to use both audio and video communication technology to execute the legal document. If identity verification fails, the notarial act cannot proceed. However, of course, if the notary personally knows the signer, they can skip the multi-step verification process.
by Tonya Willis Pitts, Esq. Pitts Law Firm
For estate planning attorneys handling elderly or vulnerable clients, this step requires particular attention. A failed KBA session or confusion during the identity process can delay or invalidate execution, especially for documents like wills or durable powers of attorney.
Remote Witnessing and Estate Planning Documents
Florida permits remote witnessing under certain conditions. When executing documents such as wills or revocable trusts remotely, additional disclosures are required. For example, the testator must confirm that they are not under the influence of another person, not married to any remote witness, and are signing voluntarily. These notary must ask these questions on video, and the testator’ s responses must be recorded.
For attorneys, this means knowing the proper protocols and verifying that they are utilized to ensure legal validity. Moreover, when a will is executed electronically and remotely, it must be stored by a qualified custodian as defined by statute.
Real Estate Transactions and Closings
RON has greatly simplified real estate closings, especially for out-ofstate buyers and sellers. Mortgage documents, deeds, and affidavits may all be notarized online, provided they comply with federal lending and title insurance guidelines.
18 | THE DOCKET- SEPTEMBER 2025