Are we allowed to perform a remote notarization of a power of attorney from Florida for a signer located outside the state? — D.S., Florida
A Florida Notary Public has statewide jurisdiction while actively commissioned for traditional notarizations as well as Remote Online Notarizations. While the signer can be located outside the state, you must be physically present in Florida when the remote notarization is performed.
Jurisdiction
“A notary public… may only use and exercise the office of notary public if he or she is within the boundaries of this state” (FS 117.01[1]).
Location of the Online Notary: “An online notary public physically located in this state may perform an online notarization as authorized under this part, regardless of whether the principal or any witnesses are physically located in this state at the time of the online notarization” (FS 117.209[3]; see also FS 117.265[1]).
For a list of remote notarization requirements in other states, please see our page “How to Become a Remote Online Notary” in the NNA Knowledge Center.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline consultants to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 6 a.m. to 6:30 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.