They are responsible for protecting the electronic journal, maintaining a backup record, and ensuring the security of all records. ![]() The online notary public must also provide evidence of the identity of each subject and the fee charged for the notarization and take steps to ensure the integrity, security, and authenticity of online notarizations.Īdditionally, the notary must keep an uninterrupted copy of the audio-video communication recording during an online notarization, including the appearance and confirmation of the identity of all parties involved. Each entry in the electronic journal must include the date and time of the notarization, the type of notarial act performed, details about the electronic record or proceeding, and the name and address of each subject involved. Yes, notaries are allowed to conduct remote online notarization after passing House Bill 121 at the beginning of 2022.Īccording to Florida Statutes, Chapter 117, Part II, an online notary public is required to maintain secure electronic journals for online notarizations. Notary Handbook: The Governor’s Reference Manual for Notaries Public is a valuable resource defining the duties, responsibilities and statutes associated with the profession. Notary Term of Commission: Four years ( § 117.01(1)). Therefore, providing that the document does not require the notarization of the witnesses' signatures, the notary may be one of the two subscribing witnesses as well as the notary public.Statute: Florida Statutes, Title X, Chapter 117.įorm of Acknowledgment: According to § 695.25, the information on short form certificates for an individual acting in their own right must include the state and county, the date, the person’s name, the method used (physical presence or online notarization), and the type of identification presented. Thus, the notary could unintentionally notarize his or her own signature if the notarial certificate is not specific. Absent such specific notation, the law presumes that all signatures were notarized. The notary should also certify in the notarial certificate the name of the person whose signature is being notarized. ![]() If the notary signed as a witness in this instance, he or she would be notarizing his or her own signature, which is a criminal violation of the notary law. For example, a self-proof affidavit on a will or codicil requires the notarization of the signatures of the testator and both witnesses. However, before signing as a witness, the notary should ensure that the document does not require the notarization of the witnesses' signatures. In addition, a Florida court has held that "there is nothing to prevent a notary from also being a witness." See Walker v. ![]() Typically, you will see the title clerk sign as one of the two required witnesses and then notarize the document signer's signature. In fact, it is a common practice among Florida notaries, particularly on real estate transactions. Generally, a notary public may sign as one of the witnesses and as the notary public on a document. May I sign a document as one of the witnesses if I am also acting as the notary public for that transaction?
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