Florida Remote Online Notary Rules: Out-of-State Property Deeds

A Florida property sale or refinance can get held up when someone living in New York, California, Georgia, or abroad assumes they have to fly to Florida just to sign a deed. In some cases, that assumption can mean extra travel, expense, and closing delays.

The key point is this: the notarial act generally follows the laws of the notary’s commissioning state, and the signer may be somewhere else. A Florida document does not automatically require you to be physically in Florida or use a Florida-commissioned notary. But the title company and the county clerk still need to accept the signing method and document.

I’m commissioned as a remote online notary in New Hampshire, not Florida. When I perform a notarial act, I follow the rules of my commissioning state. This article explains Florida’s own RON framework, which applies when a Florida-commissioned online notary performs the act, and highlights practical steps to confirm before you schedule.

1. Jurisdictional Authority: Why Out-of-State Signers Use Florida Commissioned RONs

Florida’s online notarization provisions are in Part II of Chapter 117. Section 117.201 provides definitions; the authorization for online notarization is in § 117.265. Under Florida’s framework, the Florida-commissioned online notary must be physically located in Florida during the session. The signer can be elsewhere, subject to the applicable identity and consent requirements.

For a notary commissioned in another state, that state’s laws govern the notarial act. Florida documents may be signed remotely using a notary commissioned elsewhere when the notary is authorized to perform the act under that state’s law and the receiving parties accept the resulting document. So don’t assume the document’s Florida destination automatically determines where the notary must be commissioned.

I don’t hold a Florida commission, and I won’t represent a session I conduct as one performed under Florida’s RON statute. Before proceeding with any notary, ask the title company or closing agent to approve the notary’s commission and the signing method for your particular deed.

2. Statutory Requirements (Fla. Stat. § 117.201): Identity Verification & KBA

Section 117.201 is the definitions section, not the operative identity-verification rule. Florida’s RON identity requirements are addressed in §§ 117.245, 117.265, and 117.295. For a Florida-commissioned online notary, identity may be confirmed through the notary’s personal knowledge or through remote presentation of an unexpired government-issued ID, credential analysis, and identity proofing.

Knowledge-based authentication, or KBA, is one identity-proofing method. The Florida standard includes at least five questions, each with at least five possible answers. The signer must answer at least 80% correctly within two minutes. If the signer doesn’t pass, one additional attempt is allowed, with no more than three questions repeated from the first attempt.

That retry limit matters. Make sure the identity information available to the platform is accurate, have your current photo ID ready, and allow enough time before a closing deadline. If identity verification cannot be completed, the notary can’t simply skip it and proceed.

Florida RON sessions are recorded. The signer must consent to the recording, and the recording must cover the entire session, including identity verification, signing, and verbal acknowledgments. For more about identity checks and tamper-evident electronic documents, see my guide to remote online notarization for living trusts.

3. Managing Witnesses Remotely: Florida Rules for Warranty Deeds & Powers of Attorney

Florida Statute § 689.01 generally requires two subscribing witnesses for deeds transferring covered interests in real estate. Florida law allows the witnesses to be physically with the signer or to participate through audio-video technology. Remote witnesses must be present when the signer signs and must hear the signer acknowledge the signature. Under Florida’s RON framework, remote witnesses also have identity and location requirements, including confirmation that they are physically in the United States.

That’s a few more people to coordinate than a simple notarial acknowledgment. For a remote Florida deed signing, plan for the signer, notary, and two witnesses to be present in the required session. Each remote witness may need to complete identity checks, too. The principal cannot serve as a witness to their own signature.

The deed is also not the only document that may need planning. A power of attorney may be notarized remotely when notarization is required, but a lender or title company may insist on a limited or specific POA that names the property and transaction. Get the exact form approved before the appointment. A document that is notarized correctly can still cause trouble if the receiving party rejects its wording or scope.

A Florida deed signing may require two witnesses, so confirm who will attend and how each person will be identified before the session.

4. Statutory Fee Caps & Technical Audit Trail Requirements (10-Year Retention)

Florida § 117.275 sets a maximum fee of $25 for the online notarial act itself. That cap does not mean the entire RON session must cost no more than $25. The statute treats technology-provider services and other non-notarial services separately, so ask for a clear breakdown of any additional charges before you book. You can read the Florida statute on online notarization fees.

Florida’s electronic journal must record details such as the date and time, type of notarial act, record description, principal identity information, and fee. The audio-video recording must capture the session, including the signer and witnesses, identity confirmation, the document, the signer’s voluntary acknowledgment, and the signing itself. Florida’s retention period for the required journal and recording is at least ten years after the notarial act. See Florida Statute § 117.245.

An electronic seal is designed to make later changes to the notarized PDF detectable. Don’t assume that printing the PDF preserves the electronically sealed original; a printout generally does not carry the same verifiable electronic seal. Send the original sealed PDF to the title company, closing agent, or county clerk according to their instructions. Florida deeds are recorded with the clerk of court in the county where the property is located, so confirm in advance that the clerk will accept the electronic document. Florida’s two-witness rule is set out in § 689.01.

If you’re buying a Florida home and also weighing financing options, my Fannie Mae loan guide covers loan qualification in more detail.

Step-by-Step Guide: Preparing Your Florida Property Closing for Remote Execution

Before you count on a remote signing, confirm these details with the title company or closing agent:

✔ The county clerk or title company accepts the proposed electronically notarized document and the notary’s commissioning state.

✔ The deed includes space for two witnesses, and both witnesses are arranged to attend, in person or remotely as allowed.

✔ The document is complete and unsigned. Don’t sign it ahead of time unless the notary or closing agent specifically directs you to.

✔ Identity verification can succeed. Have accurate identity information ready and remember that Florida KBA permits only one additional attempt.

✔ You have a current, unexpired government-issued photo ID available for the session.

✔ Any POA is in the form the title company requires and identifies the property and transaction if requested.

✔ You know how the sealed PDF will be delivered and have confirmed the county clerk’s recording requirements.

✔ Everyone understands that the session will be recorded and is prepared to provide consent.

This checklist can help avoid a frustrating last-minute scramble. If your closing also involves a trust or estate document, check the receiving party’s signing instructions before booking, since document requirements can differ.

A Florida deed signing can bring the notary, signer, and two witnesses together on one recorded video call.

FAQ: Florida Remote Online Notary Rules

Does the signer have to be in Florida?

Not necessarily. Under Florida’s RON framework, a signer may be outside Florida, subject to the required identity, consent, and other applicable conditions. If the notary is commissioned in another state, that notary’s commissioning-state law governs the notarial act. Confirm the method with the title company before proceeding.

Is a printed copy of the electronically notarized deed the original?

Generally, no. Printing can remove the ability to verify the electronic seal. Follow the title company’s or clerk’s instructions for transmitting and recording the sealed electronic file.

What if I don’t pass KBA on the first try?

Florida’s framework allows one additional attempt, with no more than three questions repeated from the first attempt. If verification still fails, the notary can’t complete the session using that method. Plan ahead and ask about alternatives before your deadline.

Plan the Signing Before the Closing Clock Starts

If you’re preparing to sign Florida property documents remotely, I can discuss scheduling and the steps involved in a notary session through my calendar. Before booking, get written confirmation from the title company or closing agent that it will accept the notary’s commission and the proposed signing format.

Florida statutes, county recording practices, and receiving-party acceptance requirements can vary and may change. In practice, the receiving party’s requirements control, so confirm the current requirements before the session.

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Corey Friedrich, NMLS #2746546
Mortgage Loan Officer | Remote Online Notary
BestDealFirst.com | Buy, Refi, Home Equity or Notarize
Direct Line: 909-550-1146 (Call or Text)
Email: Corey@BestDealFirst.com
Website: www.BestDealFirst.com
Schedule Consultation: My Calendar