A Business Sense Article from PST

04-20-2021
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As of January 1, 2020, the “Electronic Legal Documents” bill, signed into law in 2019, went into effect. This law authorized Florida notaries to perform online remote notarizations also known as electronic notarization. However, before you begin performing electronic notary, you must complete an application and training requirements, among other things. In this article, we will discuss the steps which must be taken for a Florida notary to register as a Remote Online Notary Public (RON).

Prerequisite – Become a Notary Public

Before you are allowed to become a RON, you must be either a Notary Public, a Civil Law Notary, or a Commissioner of Deeds in Florida.

  • You may find information on how to become a Notary Pubic at the National Notary Association website. This will be your likely choice, as the other two paths toward RON are more specialized in nature. You will need to pay a $39 application fee and it will take 2-4 weeks to obtain your notary commission, which will be in effect for 4 years.
  • To become a Florida Civil Law Notary, you must be an attorney who is a member of the Florida Bar in good standing and have practiced law for at least 5 years. Florida runs this appointment program for attorneys who have a need to authenticate an act or attest to validity of a document. Regular notary public acts may also be performed with this type of appointment. Please note there is a required examination that is preceded by a three-day training typically held at the Department of State in Tallahassee, Florida. You may learn more about this program and find an application to become a Civil Law Notary on the MyFlorida website.
  • A Commissioner of Deeds in Florida is appointed by the Governor to take acknowledgments, proofs of execution, or oaths in any foreign country, in international waters, or in any possession, territory, or commonwealth of the United States outside the 50 states.

Step 1: Complete RON Training and Pass the Exam

You must complete a two-hour RON training course to be registered as a Florida online Notary. The course provides training on best practices of remote online notarization and the technology requirements. The course can be taken either in person or online. However, you must select an education provider that is approved by the state. Here is a list of some providers that you may choose from, linked to their training offerings:

Each training program will cost a fee, ranging from $20 to $170, depending on the provider, and will end in an online test that you must pass in order to become a RON.

Step 2: Obtain a Surety Bond and Errors & Omissions Insurance

You must obtain two items, important to protecting others and yourself in case of errors or improper conduct as a RON.

  • A Surety Bond of $25,000: A surety bond is, essentially, a promise to be liable for the debt, default, or failure of another. Your Notary surety bond will protect the public of Florida against any financial loss due to improper conduct by a Florida Notary (you!), but not you personally. Florida Notaries who already have their $7,500 surety bond through their traditional Notary commission must increase their bond to $25,000 before submitting their application to the Florida Department of State. Surety bonds cost between less than 1% and up to 15% of the value of the bond, depending on the type of work and the bond provider. As a RON, your cost should be close to 1%, or $250. You may read more about Surety Bonds here.
  • Errors & Omissions Insurance: While not required for a traditional Notary commission, Errors & Omissions (E&O) insurance is mandatory to be a RON – and it’s a good idea for you to have! Even the most careful notary can get sued for unintentional errors. Notary Errors & Omissions Insurance protects you, the notary, against costly lawsuits up to your policy limit. The cost of this insurance will vary by provider but can run approximately $60 for your 4-year RON commission. You may read more about E&O Insurance here.

Step 3: Choose a Technology Provider

You must choose a state-approved RON technology provider. DocVerify, Notarize, SIGNiX and Secured Signing are a few RON technology providers. There are others but the State of Florida does not publish a list of approved providers or endorse any technology providers. If you are discussing the technology requirements with a potential provider, please be sure they have read Chapter 117 of Florida Statutes, which lays out those requirements.

Step 4: Completed and Submit your Registration Package

Complete your RON registration form, which you may find here. You must include the following items with your registration form:

  • Your certificate of completion for the RON training
  • Proof of your Surety Bond
  • Your E&O insurance policy
  • The name of your RON service provider
  • Payment of $10 registration fee

Send the entire registration package to the Florida Department of state. You may:

  • Mail the form to Florida Department of State, Division of Corporations, ATTN: Notaries, PO Box 6327, Tallahassee, FL 32314
  • Deliver in person or via courier service to 2415 North Monroe St. Suite 810, Tallahassee, FL 32303

Tools and Technology Required to Perform Online Notarizations in Florida

Once you have your commission, you will be able to perform remote online notarizations – but you need the correct equipment.

  • You will need a computer, webcam, microphone, and secure connection to the Internet.
  • Your computer must be able to support two-way audio communication in order to perform electronic notary services.
  • You are required to contract with your technology provider to provide you with the technology needed to perform online notarizations.
  • You will need a digital certificate, an electronic seal, and an electronic journal that is compatible with your technology provider’s system – some providers may include these items with their service.

The Benefits

Becoming a remote online notary may be a little more expensive and involve higher requirements. However, it comes with a couple of great benefits for our industry.

  • Unlike traditional Notary, you may charge a fee of $25 per signature. (F.S. 117.275)
  • You can notarize anyone nationwide as long as you, as the notary, are physically present in the State of Florida. This means, that you can notarize the affidavit of service for a process server that performs the service for you in a different state. (F.S. 117.209(3))

Final Thoughts

Becoming a remote online notary could potentially be a great investment for your company. Having the ability to notarize a process server’s affidavit regardless of where they are located is a great asset. Furthermore, you have an opportunity to increase your revenue by providing this type of service from the comfort of your office.