The Florida Legislature will consider legislation that would amend its remote online notarization (RON) law. The bill, SB 228, was introduced by Sen. Jennifer Bradley, R-Orange Park.
Among other things, the bill would authorize a notary’s employer to require the use of a particular technology and provider.
The bill states, “a notary public performing a notarial act with respect to an electronic record shall select the technology and prover to be used for such notarial act. A person may not require the notary public to use a particular technology or provider; however, if the notary public is required by his or her employer to perform notarial acts with respect to electronic records, the employer may require the use of a particular technology and provider for those notarial acts.”
It also would require the RON service provider, not the online notary public, to retain an uninterrupted and unedited copy of the recording of the audio-video communication in which the online notarization is performed. The RON service provider would have to provide access to the audio-video communication recording, or a copy thereof upon request to the parties to the electronic record; the title agent, settlement agent, or title insurer who insured the electronic record; any person who is asked to accept a power of attorney that was notarized by the online notary; the Department of State pursuant to a notary misconduct investigation; any other persons pursuant to a subpoena, court order, law enforcement investigation or other lawful inspection demand; and the notary who performed the notarization.
The RON service provider would be able to charge a fee of up to $20 for access to, or a copy of, the audio-video recording, except if requested by a party to the electronic record; in a real estate transaction, the title agent, settlement agent or title insurer who insured the electronic record; the Department of State relating to the official misconduct of an online notary; or the notary who performed that notarization.
The Florida Department of State would have to publish on its website a list containing each online notary, the notary’s past and present RON service providers and the effective dates during which the notary used each RON service provider.
The bill also states, “A RON service provider must file a self-certification with the Florida Department of State, on a form adopted by department rule, confirming that its audio-video communication technology and related processes, services, software, data storage, or other services provided to online notaries public for the purpose of directly facilitating their performance of online notarizations satisfy the requirements of this chapter and any rules adopted by the Department of State pursuant to this section. Each certification shall remain active for a period of two years from the date of filing, and it must also be updated and refiled within 60 days after the effective date of any amendment to this chapter or to the rules adopted by the Department of State pursuant to this chapter. The Department of State must publish on its website a list of all RON service providers that are the subject of an active self-certification.”
It further states, “A RON service provider may not use, sell or offer to sell or transfer to another person for use or sale any personal information obtained under this part which identifies a principal, a witness, or a person named in a record presented for online notarization except:
- As necessary to facilitate performance of a notarial act;
- To effect, administer, enforce, service or process a record provided by or on behalf of a principal or the transaction of which the record is a part;
- In accordance with this part and the rules adopted pursuant to this part or any other applicable federal, state or local law, or to comply with a lawful subpoena or court order; or
- In connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit of the RON service provider, if the personal information concerns only customers of the business or unit and the transferee agrees to comply with the restrictions set forth in this subsection.”
For online notarizations, it would allow the principal not located in the United States to use a passport issued by a foreign government not including the stamp of the United States Bureau of Citizenship and Immigration Services as government-issued identification credential to verify the principal’s identity.
If adopted, the bill would take effect Oct. 1, 2021.