Question:  Didn’t Florida’s Supreme Court issue an Administrative Order allowing all Florida Notaries to perform remote online notarizations without being registered as an Online Notary, and is that order still in effect? 

Question: Didn’t Florida’s Supreme Court issue an Administrative Order allowing all Florida Notaries to perform remote online notarizations without being registered as an Online Notary, and is that order still in effect?  

Answer:  Florida’s Supreme Court Administrative Order did not provide a blanket authorization for Florida Notaries to perform remote notarizations without registering as a Remote Online Notary. 

The Order---applicable to all Florida Notaries and others who may administer oaths under Florida law ---allows use of audio-video communications technology only so the Notary may remotely administer an oath to (1) a remotely located witness in a legal proceeding; OR (2) a remotely located, new attorney being sworn-in to the Florida Bar.  No other notarial acts or purposes are authorized for Notaries under this Order.

To remotely administer an oath, the Notary must be able to “positively identify” the witness or new attorney.  The Order states that this means the Notary can both see and hear the witness or new attorney via audio-video communications equipment such that the Notary can verify the person’s identity.    The Notary must be physically located in Florida.  The witness or new attorney may be inside or outside of Florida, but if outside of Florida they “may” consent to have a Florida Notary administer the oath. 

The Order remains in effect as of the date of this post.  July 28th, 2021