The Florida Department of State has adopted a new permanent rule related to the notification requirements for both Online Notaries Public and remote online notarization service providers. The purpose of the rule as stated in the Notice of Proposed Rule (October 13, 2021) is to gather the information necessary to implement the Legislature’s directive to publish on the Department’s website a list containing each Online Notary Public, the remote online notarization service providers from January 1, 2022, and thereafter, the effective dates during which the Online Notary used each service provider and any secure repositories to which each Online Notary may have delegated his or her duties.

FL Administrative Rules (2022)

Rule/Regulation

State: Florida

Effective: February 22, 2022

Summary
A new administrative rule requires new notification requirements of Online Notaries Public and remote online notarization service providers.

Affects
Adds Section 7.005 to Chapter 1N-7 of the Florida Administrative Code.

Changes

Online Notary Information and Status Changes

1. Requires an Online Notary Public within 30 days of the effective date of this new rule to provide the Department of State the name of the Online Notary’s remote online notarization service providers, the effective dates during which the Online Notary used each service provider, and, if applicable, the name of any secured repositories to which the Online Notary may have delegated his or her duties pursuant to FS 117.245(4), from January 1, 2022, and thereafter.
2. Requires an individual registering as an Online Notary Public to provide the information in #1 above at the time of registration on Form DS-DOC-50, titled “Online Notary Public: Required Information.”
3. Provides that an Online Notary Public who changes, adds, or removes a remote online notarization service provider or secured repository from the Online Notary’s use shall submit to the Department within 30 days of the change an amended Form DS-DOC-50 identifying the Online Notary’s updated service providers and, if applicable, secured repositories.

Remote Online Notarization Service Providers

1. Requires a remote online notarization service provider within 30 days of the effective date of the new rule and annually thereafter to provide the Department of State a self-certification form confirming that its audio-video communication technology and related processes, services software, data storage, or other services provided to Online Notaries Public for the performance of online notarization satisfy the requirements of F.S. 117 and any rules promulgated by the Department of State pursuant to FS 117.295.
2. Clarifies that a remote online notarization service provider’s self-certification is effective for a period of 1 year after the date the service provider files it with the Department.
3. Provides that if applicable, a remote online notarization service provider shall, at the same time it files its self-certification, identify any secure repositories to which the service provider may have delegated its duties pursuant to F.S. 117.245(4), from January 1, 2022, and thereafter on Form DS-DOC-51 titled “RON Service Provider: Self-Certification and Required Information.”
4. Provides that a remote online notarization service provider that, pursuant to F.S. 117.245(4), delegates its duties to a secured repository after it has already filed its annual certification shall submit to the Department an amended Form DS-DOC-51 within 30 days after making such delegation.
5. Provides that an entity that seeks to begin providing remote online notarization service provider functions after the effective date of this rule shall submit the information required by this section prior to providing service provider functions.

Analysis

The Florida Department of State has adopted a new permanent rule related to the notification requirements for both Online Notaries Public and remote online notarization service providers. The purpose of the rule as stated in the Notice of Proposed Rule (October 13, 2021) is to gather the information necessary to implement the Legislature’s directive to publish on the Department’s website a list containing each Online Notary Public, the remote online notarization service providers from January 1, 2022, and thereafter, the effective dates during which the Online Notary used each service provider and any secure repositories to which each Online Notary may have delegated his or her duties. In addition, the rule aims to also gather the information necessary to implement the Legislature’s directive to publish on the Department’s website a list containing the service providers that have filed a self-certification form, which will be incorporated by reference into the rule, as well as information on any secure repositories to which the service provider may have delegated its authority from January 1, 2022, and thereafter.

 

Read the adopted administrative rules.