117.201 Definitions.—As used in this part, the term: (1) “Appear before,” “before,” or “in the presence of” means: (a) In the physical presence of another person; or (b) Outside of the physical presence of another person, but able to see, hear, and communicate with the person by means of audio-video communication technology. (2) “Audio-video communication technology” means technology in compliance […]
117.209 Authority to perform online notarizations.— (1) An online notary public may perform any of the functions authorized under part I of this chapter as an online notarization by complying with the requirements of this part and any rules adopted by the Department of State pursuant to s. 117.295, excluding solemnizing the rites of matrimony. (2) If a […]
117.215 Relation to other laws.— (1) If a provision of law requires a notary public or other authorized official of this state to notarize a signature or a statement, to take an acknowledgment of an instrument, or to administer an oath or affirmation so that a document may be sworn, affirmed, made under oath, or subject to […]
117.225 Registration; qualifications.—A notary public, a civil-law notary appointed under chapter 118, or a commissioner of deeds appointed under part IV of chapter 721 may complete registration as an online notary public with the Department of State by: (1) Holding a current commission as a notary public under part I of this chapter, an appointment as a […]
117.231 Remote administration of certain oaths.— (1) When taking the oath of an individual who is testifying at any court proceeding, deposition, arbitration, or public hearing and who is outside of the physical presence of the notary public, the notary public may fulfill the requirements of s. 117.05 using audio-video communication technology. (2) When taking an oath of […]
117.235 Performance of notarial acts.— (1) An online notary public is subject to part I of this chapter to the same extent as a notary public appointed and commissioned only under that part, including the provisions of s. 117.021 relating to electronic notarizations. (2) An online notary public may perform notarial acts as provided by part I of […]
117.245 Electronic journal of online notarizations.— (1) An online notary public shall keep one or more secure electronic journals of online notarizations performed by the online notary public. For each online notarization, the electronic journal entry must contain all of the following: (a) The date and time of the notarization. (b) The type of notarial act performed, whether an […]
117.255 Use of electronic journal, signature, and seal.— (1) An online notary public shall: (a) Take reasonable steps to ensure that any registered device used to create an electronic seal is current and has not been revoked or terminated by the issuing or registering authority of the device. (b) Keep the electronic journal and electronic seal secure and under […]
117.265 Online notarization procedures.— (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 […]
117.275 Fees for online notarization.—An online notary public or the employer of such online notary public may charge a fee, not to exceed $25, for performing an online notarial act under this part. Fees for services other than notarial acts, including the services of a RON service provider, are not governed by this section. A RON […]
117.285 Supervising the witnessing of electronic records.—Supervising the witnessing of an electronic record by an online notary public in accordance with this section is a notarial act. An online notary public may supervise the witnessing of electronic records by complying with the online notarization procedures of this part and using the same audio-video communication technology used […]
117.295 Standards for electronic and online notarization; rulemaking authority.— (1) For purposes of this part, the Department of State may adopt rules necessary to implement the requirements of this chapter and to set standards for online notarization which include, but are not limited to: (a) Improvements in technology and methods of assuring the identity of principals and the […]
117.305 Relation to federal law.—This part supersedes the Electronic Signatures in Global and National Commerce Act as authorized under 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize the electronic delivery of the notices described in 15 U.S.C. s. 7003(b). History.—s. […]