The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/CS/SB 228
INTRODUCER: Rules Committee; Judiciary Committee; Commerce and Tourism Committee; and
Senator Bradley and others
SUBJECT: Notaries Public
DATE: March 25, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Harmsen McKay CM Fav/CS
2. Ravelo Cibula JU Fav/CS
3. Harmsen Phelps RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 228 provides updates to the recently created process for online notarizations in
ch. 117, F.S. In part, the bill:
Institutes a self-certification requirement for remote online notarization service providers to
ensure their eligibility to assist with the provision of notary services;
Transfers specific duties from online notaries public to their remote online notarization
service providers;
Requires the Department of State to publish information about active and inactive online
notaries public and remote online notarization service providers;
Permits online notaries to rely on a foreign passport of an individual who is currently outside
of the borders of the United States to perform an online notarization;
Implements privacy requirements for personally identifying information given during an
online notarization;
Provides several clarifications and technical updates to the process of online notarizations
provided for in ch. 117, F.S.; and
Allows for remote swearing in of witnesses for court proceedings and attorney admission to
The Florida Bar.
The bill takes effect on January 1, 2022.
BILL: CS/CS/CS/SB 228 Page 2
II. Present Situation:
In 2019, the Legislature substantially amended ch. 117, F.S., to authorize notaries public, civil-
law notaries, and commissioners of deeds to register as online notaries to provide online notary
services through two-way, remote audio-visual communication technology, similar to skype and
zoom.1
Florida is one of 29 states that permits remote online notarization (RON).2 Virginia was the first
to enact a RON law in 2012,3 and the proposed SECURE Act in Congress would permit all
current notaries public appointed in the U.S. to perform RON in connection with interstate
transactions.4 Additionally, RON has been expanded through federal agency guidance, state
emergency powers, and specific court administrative orders to allow necessary business to
continue during the COVID-19 pandemic.5 The Florida Supreme Court issued an administrative
order that permits notaries and all other parties qualified to administer oaths in Florida to swear a
witness remotely by audio-video communication technology from a location within the State of
Florida.6
Online Notaries Public in Florida
The Department of State (department) governs the registration of online notaries public (online
notaries), and as a prerequisite, requires registrants to:7
Be commissioned or appointed as a notary public pursuant to ch. 117, F.S., a civil-law notary
under ch. 118, F.S., or a commissioner of deeds under part IV of ch. 721, F.S.;
Complete training that covers the duties, obligations, and technology requirements for
serving as an online notary;
Pay a $10 notary public registration fee;
1
Chapter 2019-71, Laws of Fla. CS/CS/HB 409 (2019) was signed into law on June 7, 2019, and took effect on January 1,
2020.
2
M.H.K. Tank, D. Whitaker, E.S.M. Caires, A. Grant, Coronavirus: Federal and State Governments Work Quickly to Enable
Remote Online Notarization to Meet Global Crisis, DLAPiper Publications (Jan. 4, 2021), available at
https://www.dlapiper.com/en/us/insights/publications/2020/03/coronavirus-federal-and-state-governments-work-quickly-to-
enable-remote-online-
notarization/#:~:text=Currently%2C%20there%20are%2028%20states,Dakota*%2C%20Tennessee%2C%20Texas%2C (last
visited Mar. 25, 2021).
3
Lauren Silverman, Notaries are Starting to Put Down the Stamp and Pick Up a Webcam, National Public Radio, All Tech
Considered (June 12, 2017), https://www.npr.org/sections/alltechconsidered/2017/06/12/532586426/notaries-are-starting-to-
put-down-the-stamp-and-pick-up-a-webcam (last visited Mar. 25, 2021). See Office of the Secretary of the Commonwealth of
Virginia, Notary Public Division, A Handbook for Virginia Notary Publics,
https://www.governor.virginia.gov/media/governorvirginiagov/secretary-of-administration/Virginia-Remote-Online-
Notarization-Guidance.pdf (last visited Mar. 25, 2021).
4
Tank, et al. supra note 2. Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2020, S.B.
3533, 116th Cong. (2020), available at https://www.congress.gov/bill/116th-congress/senate-
bill/3533/text?q=%7B%22search%22%3A%5B%223533%22%5D%7D&r=4&s=2 (last visited Mar. 25, 2021).
5
Tank, et al. supra note 2.
6
Florida Supreme Court, In Re: COVID-19 Emergency Procedures for the Administering of Oaths via Remote Audio-Video
Communication Equipment, Fla. Admin. Order No. AOSC20-16, (Mar. 18, 2020) available at
https://www.floridasupremecourt.org/content/download/632105/file/AOSC20-16.pdf (last visited Mar. 25, 2021).
7
Section 117.225, F.S.; Fla. Admin. Code, R. 1N-7.001 (2020). See also, Department of State, Remote Online Notary Public,
https://dos.myflorida.com/sunbiz/other-services/notaries/remote-online-notary-public/ (last visited Mar. 25, 2021).
BILL: CS/CS/CS/SB 228 Page 3
Have a current contract with a RON service provider whose technologies and credentialing
processes satisfy the statutory minimum requirements; and
Maintain a $25,000 bond and a current errors and omissions insurance policy.
As of January 2021, 6,278 online notaries have registered with the department.8
An online notary can administer oaths or affirmations, take acknowledgements, attest to
photocopies, verify vehicle identification numbers, and certify the contents of a safe-deposit box.
The online notary must perform the notarial service from Florida, but the individual who seeks
the notarial service (principal) and any witnesses can login to the RON platform from anywhere
in the world. An online notary may charge a fee of no more than $25 for performing a notarial
service.9
Online notaries differ from notaries public in that they may use audio-visual technology to
notarize a document for a principal who is in a different physical location; a notary public must
be physically present with the principal to notarize a document. Additionally, although notaries
public can solemnize marriages, an online notary cannot.10
Remote Online Notarization (RON) Service Providers
A RON service provider is a person that provides audio-video communication technology and
related processes, services, software, data storage, or other services to online notaries to facilitate
their performance of online notarizations.11 More concretely, a RON service provider hosts a
platform that provides the audiovisual technology that allows the notary and signer to see, hear
and communicate with each other over the internet.12
Online Notarization
To perform an online notarization service, an online notary must first determine whether the
principal is located outside of Florida at the time of notarization. If so, the online notary must
confirm that the principal understands that the notarization will occur according to Florida law.
Next, the online notary must confirm the principal’s identity.13 An online notary may do so by
documenting that he or she personally knows the principal, or, if the notary does not know the
principal, by documenting all of the following:
The principal’s remote presentation of a government-issued identification;14
8
E-mail from Department of State staff (Jan. 13, 2021) (on file with the Senate Committee on Commerce and Tourism).
9
Section 117.275, F.S.
10
Section 117.209(1), F.S.
11
Section 117.201(14), F.S.
12
David Thun, THE NATIONAL NOTARY MAGAZINE, The State of Remote Online Notarization (Nov. 19, 2019), available at
https://www.nationalnotary.org/notary-bulletin/blog/2019/11/the-state-of-remote-online-notarization (last visited Mar. 25,
2021).
13
Section 117.265(4), F.S.
14
Section 117.05(5)(b)2 lists acceptable identification as: Florida identification card or driver license; a U.S. passport; a
passport issued by a foreign government if it is stamped by the U.S. Bureau of Citizenship and Immigration Services; a driver
license of id card issued by a state other than Florida, or a territory in the U.S., Canada, or Mexico; an id card issued by the
U.S. armed forces; a veteran health id card; an inmate id card issued by if the principal is still in the Florida Department of
BILL: CS/CS/CS/SB 228 Page 4
The notary’s credential analysis15 of the identification to ensure its validity; and
The notary’s identity proofing16 of the principal, wherein a third-party provides knowledge-
based authentication questions that must be correctly answered by the principal in a limited
amount of time.
If the notary cannot document these steps, then he or she is not permitted to perform the online
notarization.
Should the online notarization also require a witness, the online notary must confirm the witness’
identity.17 If the witness is physically present with the principal, he or she can confirm his or her
identity by stating his or her name and current address on the recording. If the witness is
connected via audio-visual communication technology (outside of the principal’s presence), the
online notary must confirm the witness’ identity by presentation of government-issued
identification and performance of a credential analysis and identity proofing, as required for the
principal.
After the notary succeeds in confirming the pertinent identities, the notary may witness the
principal electronically sign the document. Then the notary adds his or her unique electronic
signature and digital notary seal using tamper-evident technology that would document any
subsequent change to the document.18
For all online notarizations, an online notary must:
Make and maintain a recording of the audio-visual component (video) of the notarization,
including the credential analysis and identity proofing he or she performed, if any; 19 and
Create an entry in his or her electronic journal of notarizations that notes specific information
about the notarization, including types of identification used and the names and addresses of
all parties involved.20
The online notary must maintain both the electronic journal and the recordings for at least
10 years after the notarization. An online notary, his or her estate, or guardian may transfer these
documents to a secure repository should he or she become incapable of maintaining them before
the 10 years have elapsed.21
III. Effect of Proposed Changes:
Section 117.021, F.S., currently grants a notary public the right to perform notarial acts, with
respect to an electronic record, with whatever form of technology he or she chooses. Section 1
amends s. 117.021, F.S., to accommodate an employer’s requirement that a notary public who
Correction’s or U.S. Department of Justice’s custody; an id card issued by the U.S. Bureau of Citizenship and Immigration
Services; or, where all of the inmate’s identifications were confiscated upon his or her confinement—a sworn, written
statement from a law enforcement officer that states that the inmate is the person whose signature is to be notarized.
15
Section 117.201(3), F.S. See also, s. 117.295(3)(b), F.S.
16
Section 117.201(7), F.S. See also, s. 117.295(3)(a), F.S.
17
Section 117.285, F.S.
18
Section 117.255, F.S. See also, Silverman supra note 3.
19
Section 117.245(2), F.S.
20
Section 117.245(1), F.S.
21
Section 117.245(4), F.S.
BILL: CS/CS/CS/SB 228 Page 5
performs notarial acts as a part of his or her job use technology chosen by the employer within
the scope of employment or as provided by a contract. This allows a business to standardize its
services and contracts. The notary public’s right to use his or her preferred technology outside of
the scope of any contract or employment is not changed by this amendment.
Section 2 amends s. 117.05, F.S., to make the language of the fee ceiling for a single notarial act
consistent with the language regarding the fee ceiling for an online notarial act in s. 117.275, F.S.
This is a technical amendment.
Section 3 amends s. 117.201, F.S., to permit an online notary to use a passport issued by a
foreign government that does not include an immigration stamp from the U.S. Bureau of
Citizenship and Immigration services to validate a principal’s identity. This accommodates
online notarizations where the principal has not entered the United States, and appears via audio-
visual technology for the notarization.
Section 4 amends s. 117.225, F.S., regarding requirements for a notary public, civil-law notary,
or commissioner of deeds to register as an online notary public. The bill requires these registrants
to provide the Department of State with their notary commission or appointment number as
opposed to the current broad standard of “proof” of their commission. This change eliminates the
possible need for rule-making regarding this section.
Section 5 amends s. 117.231, F.S., to allow for a notary public to use audio-visual technology to
swear in individuals who are testifying during any court proceeding, deposition, arbitration, or
public hearing when they are outside the physical presence of the notary. When the individual is
located outside of the state, consent must be obtained to take his or her oath using audio-visual
technology.
The bill also allows for a notary to administer the oath of admission for The Florida Bar using
audio-visual communication for an individual outside the physical presence of the notary.
A notary is not required to be an online notary or use an RON service provider when performing
notarial acts under this section.
Sections 6 and 7 amend ss. 117.245 and 117.255, F.S., to transfer the duty to maintain a
recording of the audio-video communication in which an online notarization was performed from
the online notary to the RON service provider used for the services. The online notary, however,
is still required to ensure that that recording includes:
The appearance of the principal and any witness before the online notary public;
Confirmation of the identity of the principle and any witness;
A general description or identification of the records to be signed;
Recitation by the online notary public of information sufficient to identify the notarial act;
A declaration by the principal that his or her signature on the record is knowingly and
voluntarily made; and
Any of the actions and spoken words of the principle, notary public, and any required
witnesses during the entire online notarization.
BILL: CS/CS/CS/SB 228 Page 6
The RON service provider must keep a copy of the recording for at least 10 years, but may
delegate this duty by contract to a secure repository provided that the Department of State is
notified of such delegation of retention duties within 30 days. The effective date of such a
delegation must be reported to the Department of State.
The bill also extends the duty to provide access to the RON service provider’s stored recordings,
or a copy thereof, to specific parties upon their request. The bill permits the RON service
provider to charge a fee of no more than $20 for producing a copy of the recording, and requires
disclosure of the fee in a timely manner. The bill clarifies that certain parties are exempt from the
$20 production fee during the 10 year period that the audio-video recording is retained by the
RON service provider.
Section 6 is also reorganized to clarify an online notary’s duty to note in his or her electronic
journal that a principal’s government-issued identification satisfied the credential analysis only
when the online notary relied on a principal’s