Are we able to use credible witnesses identifying the principal for remote online notarizations? — E.M., Florida
For online notarial acts, Florida statute does not allow for the use of a credible witness to identify a signer. The only acceptable methods of identification for an online notarization are listed in FS 117.265 (4):
“An online notary public shall confirm the identity of the principal by:
- Personal knowledge of each principal; or
- All of the following, as such criteria may be modified or supplemented in rules adopted by the Department of State pursuant to [FS] s. 117.295:
- Remote presentation of a government-issued identification credential by each principal.
- Credential analysis of each government-issued identification credential.
- Identity proofing of each principal in the form of knowledge-based authentication or another method of identity proofing that conforms to the standards of this chapter.
“If the online notary public is unable to satisfy subparagraphs (b)1.-3., or if the databases consulted for identity proofing do not contain sufficient information to permit authentication, the online notary public may not perform the online notarization” (FS 117.265[4]).
The NNA Knowledge Center has information on remote notarization procedures for other states under the drop-down menu “State RON Instructions.”
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
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