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Remote Online Notarization in Florida Effective January 1, 2020

On June 7, 2019, House Bill 409 (HB 409) online “Electronic Legal Documents” was signed into law (Chapter 2019-71, Laws of Florida). This law was effective as of January 1, 2020. This law authorizes Florida Notaries to perform online remote notarizations after the completion of an application and training requirements. The new notary block now requires that all notaries include whether the document notarized was notarized in person or remotely. The Florida Department of State has a website dedicated to Remote Online Notaries.  To become an  online notary, you must complete a remote notary training and pay an additional notary fee above and beyond the regular notary fee. This fee is Thirty dollars ($30.00). There is an additional bond required to become an online notary. Further, there are fees associated with  having a software company called RON (remote online notary) which is a service provider to handle the technology.  RON (remote online notary) Service Providers are Software companies that handle the technology and support you need for online notarizations. They typically offer notaries a secure audio-video platform, advanced identity proofing and credential analysis, and long-term document storage. 

However, currently there is Supreme Court Administrative Order AOSC20-16  that states: 

1. Notaries and other persons qualified to administer an oath in the State of Florida may swear a witness remotely by audio-video communication technology from a location within the State of Florida, provided they can positively identify the witness; and 

2. If a witness is not located within the State of Florida, a witness may consent to being put on oath via audio-video communication technology by a person qualified to administer an oath in the State of Florida; and 

3. All rules of procedure, court orders, and opinions applicable to remote testimony, depositions, and other legal testimony, including the attestation of family law forms, that can be read to limit or prohibit the use of audio-video communications equipment to administer oaths remotely or to witness the attestation of family law forms, are hereby suspended, and will remain suspended until the expiration of the provisions of paragraph five in In Re: COVID-19 Emergency Procedures in the Florida State Courts, Fla. Admin. Order No. AOSC20-13 (March 13, 2020), and any orders extending. 

However, during COVID 19, The Florida Supreme Court enacted Order AOS20-23 that went into effect March 16, 2020. This order has been amended and extended several times; the latest order is AOSC20-23-Amendment-4 remains in effect as amended by subsequent orders until further order of the Florida Supreme Court. In that order, it allows Marital and Family Law Attorneys to include the following language:

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit/petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Further, pursuant to Florida Supreme Court Administrative Order Number AOSC 20-23 and AOSC 20-23 Amendment-4: Under the penalties of perjury, I declare that I have read this document and the facts as stated in it are true.

Once that language is included, attorneys who practice Marital and Family Law may have their clients sign all Florida Family Law forms WITH THE EXCEPTION OF THE MARTIAL SETTLEMENT AGREEMENT without the client’s signature being  notarized. Signatures on the Marital Settlement Agreement and any document regarding and involving real property must have two (2) witnesses and a notary. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//:www.AnnMarieGildenLaw.com

This article is for informational purposes only; and it does not form an attorney client privilege.