Florida Florida Statutes
§ 117.265 — Online notarization procedures
FS § 117.265Ch. 117
Statute text
View on source(1)An online notary public physically located in this state may perform an online notarization that meets the requirements of this part regardless of whether the principal or any witnesses are physically located in this state at the time of the online notarization. A commissioner of deeds registered as an online notary public may perform an online notarization while physically located within or outside of this state in accordance with the territorial limits of its jurisdiction and other limitations and requirements otherwise applicable to notarial acts by commissioners of deeds. An online notarization performed in accordance with this chapter is deemed to have been performed within this state and is governed by the applicable laws of this state.
(2)In performing an online notarization, an online notary public shall confirm the identity of a principal and any witness appearing online, at the time that the signature is taken, by using audio-video communication technology and processes that meet the requirements of this part and of any rules adopted hereunder and record the two-way audio-video conference session between the notary public and the principal and any witnesses. A principal may not act in the capacity of a witness for his or her own signature in an online notarization.
(3)In performing an online notarization of a principal not located within this state, an online notary public must confirm, either verbally or through the principal's written consent, that the principal desires for the notarial act to be performed by a Florida notary public and under the general law of this state.
(4)An online notary public shall confirm the identity of the principal by:(a) Personal knowledge of each principal; or
(b)All of the following, as such criteria may be modified or supplemented in rules adopted by the Department of State pursuant to s. 117.295:1. Remote presentation of a government-issued identification credential by each principal. 2. Credenrecord provided by or on behalf of a principal or the transaction of which the record is a part;
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Legislative history
s. 15, ch. 2019-71; s. 2, ch. 2021-205.