10 | The Summation
The Bottom Line
Florida eNotary AKA Remote Online Notary (RON) by Sylvia Jarrett, CP
H
ouse Bill 409, “Electronic Legal Documents,” was signed into law on June 7, 2019 and became effective January 1, 2020. This bill allows the use of remote online notarization in Florida. Florida is now one of more than 20 states that allow a Remote Online Notary (RON) process by using audio and video communications to notarize documents. The passage of this law makes it easier in Florida to buy or sell real estate, sign and notarize documents and sign wills to protect family members. The law requires an online notary public to keep electronic journals of online notarizations along with audio-video recordings. Online applications such as Skype, FaceTime, Google Hangouts or other applications may meet the personal appearance requirements for notarizations. See Fla. Stat. § 117.255. Further, Fla. Stat. § 117.285 sets out the specific details regarding the RON regarding the witnessing of electronic records. How do you or your staff member become a RON? A good starting point is to review Florida Department of State’s online site regarding “Remote Online Notary Public” found at dos.myflorida.com/sunbiz/otherservices/notaries/remote-online-notarypublic/. The qualifications and procedures to become a remote online notary (RON) are outlined in Fla. Stat. § 117. First, you must either be a Florida notary public or become approved as a Florida notary public. Also, a civil-law notary appointed under Chapter 118 or a commissioner of
deeds appointed under Part IV, Chapter 721, can also become a RON. Next you must pay the $20.00 class fee and complete and pass a two-hour online training. Currently, you can find online class sites as follows: a. Florida Land Title Association: fltaschool.teachable.com/p/floridaremote-online-notary-course-2hour?preview_logged_out# b. National Notary Association: nationalnotary.org/florida-requiredonline-notary-education c. Notaries.com/Huckelberry Notary Bonding Remote OnLine Notary Course: notaries.com/florida/becomeflorida-remote-online-notary/ Once you pass RON training, you must complete an “Application Registration for Online Notary Public” (see dos. myflorida.com/media/70263/onlinenotary-application.pdf ) and provide your Certification of Completion of the training class along with a $10.00 check payable to Florida Department of State, Division of Corporations, P.O. Box 6327, Tallahassee, FL 32314. Prior to completing the application, you must also complete the following steps: 1. Contract with a third-party vendor to provide you with technological support to perform online notarizations (See Chapter 117, Florida Statutes); 2. Provide evidence of purchase of a bond in the amount of $25,000.00 for “breach of duty” by the registrant; and 3. Provide evidence of an “errors and
omissions” insurance policy in the minimum amount of $25,000.00 from an insurer authorized to transact business in Florida. Finally, whether a document is notarized in person or by a Remote Online Notary, the following mandatory revisions must now be included in the notary block on documents in which notarizations are performed. Instruments The foregoing instrument was acknowledged before me by means of □ physical presence or □ online notarization this _____ of _____________, ______ (year), by __________ Affidavits (Oath or Affirmation) Sworn to (or affirmed) and subscribed before me by means of □ physical presence or □ online notarization this _____ of _____________, ______ (year), by __________ Hopefully this educates you on the Florida eNotary law or how to apply to become a Remote Online Notary (RON), and “that’s the bottom line!”
