Understanding New Florida Notary Laws: A Must-Read for Florida Notaries

Florida notaries, it's time to pay close attention! This law impacts how you conduct certain types of notarizations, particularly when using Remote Online Notarization (RON). This law, centered around the witnessing of specific documents, is crucial for maintaining the validity of your notarial acts.

Don't take my word for it, check out the statute.

The Law in Detail

Under Florida law, particular attention is now required for electronic records such as wills (under chapter 732), revocable trusts with testamentary aspects (s. 736.0403(2)(b)), health care advance directives, agreements concerning succession or waiver of spousal rights (s. 732.701 or s. 732.702), and powers of attorney for certain transactions (s. 709.2208). When fewer than two witnesses are physically present with the principal (the person signing the document), specific procedures must be followed.

The New Procedure

Before facilitating the witnessing of a document via audio-video technology, a RON must ask the principal these critical questions in substantially the following form:

1. Drug or Alcohol Influence: "Are you under the influence of any drug or alcohol today that impairs your ability to make decisions?"

2. Physical or Mental Condition: "Do you have any physical or mental condition or long-term disability that impairs your ability to perform the normal activities of daily living?"

3. Assistance with Daily Care: "Do you require assistance with daily care?"

If the principal answers "yes" to any of these questions, their signature on the document can only be validly witnessed by witnesses who are physically present at the time of signing.

Implications for Florida Notaries

As a Florida notary, especially if you're using RON, you must be vigilant in following these new procedures. The law is clear: failure to adhere to these specific questioning requirements could render the notarization invalid, particularly for the sensitive documents mentioned above.

Best Practices for Compliance

1. Thorough Preparation: Familiarize yourself with the types of documents that require this special attention.

2. Questioning Protocol: Integrate these mandatory questions into your RON procedure when applicable.

3. Documentation: Keep detailed records of the questioning process and the responses for each notarization.

4. Stay Informed: Regularly update your knowledge of state laws to ensure compliance with any future changes.

Conclusion

This update in Florida notary law is a reminder of the evolving nature of notarial duties, particularly in the digital age. Staying informed and adapting your practices is crucial for providing valid and reliable notary services. Remember, your role as a notary is vital in upholding the integrity of important legal documents and processes.

Katie Tremulis

Email: katie@notaryswfl.com

Instagram: @notaryswfl

www.notaryswfl.com

Disclaimer: This article is intended for informational purposes only and is not a substitute for professional legal advice. Laws and regulations concerning notarization can change, and the application of these laws can vary widely based on the specific facts and circumstances. Therefore, while this guide aims to be helpful, it is important to conduct your own research and consult with a legal professional if you have specific legal questions or concerns. Remember, the responsibility for understanding and complying with notary laws rests with each individual notary. This article does not constitute legal advice, and the author is not a lawyer. tldr: don't sue me.