The Florida Department of State (the “Department”) adopted a new rule (Rule No. 1N-7.005) regarding the collection of remote online notary information and remote online service provider information.
The new rule implements a legislative directive set forth in Fla. Stat. Ann. §117.295, effective January 1, 2022. The statute provides rulemaking authority to the Department, and requires that it “publish on its website a list containing each online notary public, the online notary public's RON service providers from January 1, 2022, and thereafter, the effective dates during which the online notary public used each RON service provider, as identified pursuant to ss. 117.225(5) and 117.265(5)(b), any secure repositories to which the online notary public may have delegated his or her duties pursuant to s. 117.245(4) from January 1, 2022, and thereafter, and the effective dates of that delegation.”
Under the new rule, an online notary public currently registered with the Department, must submit Form DS-DOC-50, titled “Online Notary Public: Required Information” within 30 days of the February 22, 2022 effective date, to provide the name of each remote online notary (“RON”) service provider they use along with the effective dates for the RON service provider use. If applicable, each registered online notary public must also provide the name of any secured repositories they may have delegated their duties to from January 1, 2022 and thereafter. Individuals registering as an online notary public must provide the same information at the time of registration.
A registered notary public must also submit an amended version of the same form to the Department within 30 days of adding or removing a RON service provide or secured repository.
The new rule also requires that RON service providers submit within 30 days of the effective date, and annually thereafter, a self-certification form confirming that its audio-video communication technology and related processes and services satisfy the requirements of Fla. Stat. Ann. §117.295. RON service providers must also provide, if applicable, information regarding any secure repositories the provider may have delegated it duties to, using Form DS-DOC-51, title “RON Service Provider: Self-Certification and Required Information.” RON service providers must submit an amended version of the same form within 30 days if there are any change to the delegation of duties to a secured repository.
