New Florida Notarial Requirements Effective January 1, 2020

By admin

The Florida legislature recently enacted House Bill 409, which amends various statutes that allowed for remote online notarization in Florida. 

As a result, the requirements for ALL Notarial Certificates and Jurats to be issued by Florida title insurance agents and notaries have changed.

Effective on or after January 1, 2020, the jurat or certificate of acknowledgment must contain the following elements: 

• “Whether the signer personally appeared before the notary public at the time of the notarization by physical presence or by means of audio-video communication technology as authorized under part II of this chapter.” 

This above requirement applies whether the notarial is performed remotely or not. 

• When notarization is done remotely, “the electronic notarial certificate for an online notarization must include a notation that the notarization is an online notarization which may be satisfied by placing the term ‘online notary’ in or adjacent to the online notary public’s seal.”

Below find the Notarial Certificates/forms that are in compliance with the new Florida notarial requirements:

1. Individual Acknowledgment

STATE OF _______________

COUNTY OF _____________ 

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ___ day of ________, 2020, by ___________________ (name of person acknowledging). 

Personally Known ☐ OR Produced Identification ☐  

Type of Identification Produced: 

(Signature of Notary Public)  

(Print, Type, or Stamp Commissioned Name of Notary Public)  

My Commission expires:  

Affix Notary SEAL 

Online Notary: ☐ (Check Box if acknowledgment done by Online Notarization)

2. For a Corporation

STATE OF _______________

COUNTY OF _____________ 

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ___ day of ________, 2020, by (name of officer or agent, title of officer or agent)   of (name of corporation acknowledging) , a (state or place of incorporation) corporation, on behalf of the corporation.

Personally Known ☐ OR Produced Identification ☐  

Type of Identification Produced: 

(Signature of Notary Public)  

(Print, Type, or Stamp Commissioned Name of Notary Public)  

My Commission expires:  

Affix Notary SEAL 

Online Notary: ☐ (Check Box if acknowledgment done by Online Notarization)

3. Oath or Affirmation- Individual 

STATE OF FLORIDA

COUNTY OF _____________ 

Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this ___ day of ________, 2020, by ___________________ (name of person making statement).

Personally Known ☐ OR Produced Identification ☐  

Type of Identification Produced: 

(Signature of Notary Public)  

(Print, Type, or Stamp Commissioned Name of Notary Public)  

Affix Notary SEAL

Online Notary: ☐ (Check Box if acknowledgment done by Online Notarization)

Need Florida Title Insurance or a Florida Title Company?

If you have a transaction in process, your Florida title insurance agent or notary will modify the acknowledgment and jurat certificates on their documents.

If you have any questions regarding this matter, have questions about Florida Title Insurance or are in need of a Florida attorney or Florida Title Company, please reach out to us today. We are happy to offer you our guidance.