Remote Online Notaries Professional Liability Insurance in Florida

Remote Online Notaries in Florida at a glance

Governing Statute

Fla. Stat. Chapter 117, Part II

The primary law governing online notarization and electronic documents in Florida.

Identity Verification

KBA & Credential Analysis

Florida requires a strict two-step verification for all remote signers not known to the notary.

Recording Retention

10-Year Requirement

Audio-visual recordings must be preserved in a secure format for one decade.

Bonding & Insurance

Required for Online Notaries

Florida notaries must have specific bonds and E&O coverage for RON activities.

Florida Statutes and the Online Notary Public

Remote Online Notarization in Florida is governed by Part II of Chapter 117, which was established by HB 409 and took effect on January 1, 2020. This law distinguishes between traditional notaries and 'online notaries public,' requiring the latter to register with the Florida Department of State and meet additional training and bonding requirements. The law allows a Florida-commissioned online notary to perform notarial acts for principals located within or outside of the state, as long as the notary is physically present in Florida at the time of the act.

The Florida Department of State is responsible for adopting the rules and standards for RON, including the requirements for tamper-evident technology and the security of electronic records. Notaries must complete a state-approved education course, obtain an Errors and Omissions insurance policy and a surety bond specifically for online notarization, and register with the state before they can begin offering remote services, ensuring a high level of professional accountability.

Identity Proofing and Audio-Video Standards

Florida law is highly specific regarding the identity verification process for remote signings. Unless the signer is personally known to the notary, the notary must use a two-step identity proofing process. First, credential analysis is performed, where the signer's government-issued photo ID is digitally inspected by an automated system to verify its authenticity. Second, the signer must pass Knowledge-Based Authentication (KBA), which involves answering five questions from their personal history within a two-minute window, with a required score of at least 80%.

The entire notarial act must take place via a live, two-way audio-video conference that allows for real-time interaction between the notary, the principal, and any witnesses. Florida law requires the notary to confirm that the principal understands the document they are signing and that they are doing so voluntarily. This live interaction, combined with the multi-factor identity checks, provides a level of security that is designed to match or exceed traditional in-person notarizations.

10-Year Record Retention and Secure Repositories

Florida requires all online notaries public to keep one or more secure electronic journals of the online notarizations they perform. These journals must be protected by passwords or other secure authentication methods and must be tamper-evident, ensuring that the record of the transaction is permanently preserved and unalterable. The journal must capture the date and time of the act, the type of notarization, and the identity of the signer, along with a description of the electronic record being notarized.

Furthermore, Florida mandates a 10-year retention period for the audio-visual recording of every RON session. This recording must be stored in a secure repository that meets the state's standards for data protection and accessibility. The notary may delegate the retention of these recordings to a third-party RON service provider, but they remain responsible for ensuring the records are kept for the full ten-year term. This long-term storage is a critical component of Florida's legal infrastructure, providing a durable evidentiary trail for real estate transactions, estate planning, and commercial agreements.

Remote Online Notaries FAQs for Florida