“Electronic notarization” is the process of performing a notarial act involving an electronic document, not a paper document, and doing so according to all applicable Florida laws.
Every Florida notary must remember that, whether the document is paper or electronic, all the same steps and requirements of a notarial act must always be performed. They are:
- Requiring the personal appearance (presence) of the named document signer… for “traditional” electronic notarization, the notary and signer must be in each other’s physical
presence. - Examining the document for:
- barriers to notarization;
- to assess which notarial service is expected to be provided and that it is authorized under Florida law;
- to verify that the notarial certificate (the language beginning with “State of Florida, County of…”) substantially reflects the forms allowed or required under Florida law;
- to ensure the document’s date is the same as the date of notarization or earlier, not later;
- to review the name of the individual whose signature requires notarization;
- to gather all information that should be recorded in the notary’s record book (journal) entry.
- Verifying the named signer’s identity using identification documents and procedures specified or allowed under Florida law.
- Performing the “verbal ceremony” of notarization, by asking the named document signer if they acknowledge their signature on the document; or swear/affirm that the contents of the document are true, as applicable.
- Stating all the facts of the notarial act by completing, signing and sealing the notarial certificate on or attached-to the document.
- Creating a record of the notarization in the notary’s journal/record book (not required in Florida but strongly recommended).
A Florida notary does not need an additional authorization or commission to perform electronic notarizations for physically present individuals. (To perform electronic notarizations for remotely located individuals, a notary must obtain additional training and meet certain requirements. The Florida Notary Handbook, available on our website, provides comprehensive information about remote notarization and becoming a Florida remote notary.)
As with paper-and-ink notarizations, a Florida notary performing electronic notarizations must use an official seal of office when completing their notarial certificates on electronically signed and notarized documents. Florida law specifies that the seal requirement for a notary performing an electronic notarization is satisfied when the notary’s electronic signature includes the information specified in Florida Statute Sec. 117.021(3)(a)-(d).
Every notary interested in performing electronic notarizations for physically present individuals should first read the following Florida Statutes and administrative rules:
Florida Statutes: Chapter 117, Part I – General Provisions; and
Florida Administrative Code, Chapter 1N-5 – Electronic Notarization