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Remote Notarization Coming to Florida

If you enjoy working from home in the comfort of your pajamas, add notary service and real estate transactions to the list of tasks that can now be accomplished remotely, via video conference, without putting on your pants.

Florida has now joined many other states in allowing the user of remote online notarization (RON) transactions.  In June, Governor Ron DeSantis signed House Bill 409 into law, which will become effective January 1, 2020.

RON allows for the use of audio and video communication between a signer and a notary public for notarization of the signer’s signature on electronic documents.

Use of RON requires following all state notarial guidelines where the property is located.  Other specific guidelines include verification of identity, prescribed quality of the audio-visual recording, post-execution document records, and vendor security programs such as SSAE 16, SOC2, or ISO27001.  All parties must agree to RON, in writing, prior to to conducting the electronic transactions.

This law will significantly affect real estate transactions and closing attorneys but will also allow for remote execution of wills.  In a state such as Florida, with more than half the population over aged 40 and many Baby Boomers not having a written will, this new law is quite remarkable. 

Electronic notarization removes the in-person stumbling block and moves notary requirements into the digital age, keeping pace with technology.  With real estate transactions frequently conducted from afar, this removes the need for a power of attorney and mitigates the chance of lost or erroneous paperwork.

If you have questions regarding RON, consult a qualified attorney.

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