March 2020

As of March 18, 2020, all Florida notaries may swear in a witness remotely via audio and video confirmation, regardless of whether the witness is located within or outside of Florida.

In its Administrative Order No. AOSC20-16, the Florida Supreme Court ordered that all Florida notaries and other persons qualified to administer an oath may:

1. remotely swear in a witness located in Florida, provided they can positively identify the witness; and
2. remotely swear in a witness located outside of Florida, provided the witness consents.

The administrative order suspends all rules of procedure, court orders, and opinions applicable to remote testimony, depositions, and other legal testimony. 

However, according to a leading title insurance underwriter, The Fund, the administrative order does not apply to signature notarization at real estate closings:
“No, the SC AO does not impact the use of online notarization for deeds, mortgages and real estate instruments. It is aimed towards the remote swearing-in of witnesses in depos and other court proceedings.”
Thus, to conduct remote closings, Florida notaries will still need to complete the certification required under Section 117.201 et seq., Florida Statutes, which implemented the online notary bill HB 409 that came into effect as of January 1, 2020.