Posted by Gerry_VT on 1/15/07 1:22pm
Msg #170877

Florida notary regulator email address?

Does anyone have a working email address for the part of the Florida government that regulates notaries? The address [e-mail address] does not work.

I want to tell them about http://realnotary.com, which appears to offer to do notarizations without the client appearing before the notary; it's all (seemingly) done over the Internet.

Reply by Lisa Prestegard on 1/15/07 1:36pm
Msg #170879

Gerry, check out this link: http://notaries.dos.state.fl.us/education/elecnot.html

I haven't read it in its entirety, but I did read the following:

(b) This section applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.

(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this paragraph may not be waived by agreement.

(d) Except as otherwise provided in this section, the effect of any provision of this section may be varied by agreement. The presence in certain provisions of this section of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.

(e) Whether an electronic record or electronic signature has legal consequences is determined by this section and other applicable provisions of law.

Reply by Gerry_VT on 1/15/07 1:53pm
Msg #170882

Thanks for your reply. I read Vermont's version of the Uniform Electronic Transactions Act when it was being considered by the Vermont Legislature; if I recall correctly, it was defeated here. It provides that notaries may sign electronically rather than with pen and ink, but the client must still appear in person before the notary (although it does not mention the personal appearance requirement in so many words).

Another source that emphasizes that personal appearance is required even if the notary signs electronically is http://www.nass.org/conference/2006%20SUMMER%20CONFERENCE%20PRESENTATIONS/2006%20SUMMER%20CONFERENCE%20PRESENTATIONS/National%20eNotarization%20Standards%20-%20final%20adopted%20by%20NASS.pdf

That document contains this passage (begin quote):

Physical Appearance Requirement
1. A notary public shall not perform an electronic notarization if the document signer
does not appear in person before the notary public at the time of notarization.
2. The methods for identifying document signers for an electronic notarization shall be
the same as the methods required for a paper-based notarization

Comment

Under no circumstance shall a notary public base identification merely upon familiarity with a signer's
electronic signature or an electronic verification process that authenticates the signer's electronic
signature when the signer is not in the physical presence of the notary public.
Registration

(end quote)

Reply by Gerry_VT on 1/15/07 2:05pm
Msg #170883

minor correction

In my previous post I said the Uniform Electronic Transactions Act was defeated in Vermont. I was wrong; it was the Uniform Computer Information Transactions Act that was defeated.

Reply by PAW on 1/15/07 7:21pm
Msg #170923

Gerry,

I don't see where 'realnotary.com' is offering signature notarizations. Can you point me to that section of their website.

The way I read their site, is that they are authenticating digital documents, not signatures. They are using the term "notary" as the way this is done, but it doesn't seem to me to be the same as a Notary Public. More along the lines like the Thawte Web of Trust notary.

Reply by Gerry_VT on 1/15/07 8:42pm
Msg #170945

The web site is rather hazy about just what it is they do. However, if you click on the Support link, you will find some questions and answers.
(Begin quote)
Is this a real notary?
You can really get your document notarized through this website or even get the original shipped to you.

Is it legal?
Yes. According the the State of Florida, notary transactions can be done via Internet thanks to the Electronic Notarization Act. See about us for more details.

How long until I get my stamp?
You get your stamp on the same day.

(End quote)

Also, the "About Us" page uses the phrase "Florida Notary Public" in big red letters.

Links:
"About Us" page: http://realnotary.com/aboutus.html
"Support" page: http://realnotary.com/support.html

Now they don't come right out and say they will take acknowledgements or administer oaths. But the implication seems pretty strong to me that they intend to perform notary public acts without meeting the clients.

Of course, it's possible this is just being set up, and someone will straighten them out before they actually do something they shouldn't.

Reply by PAW on 1/15/07 10:22pm
Msg #170991

Thank you Gerry for the info. Vague and hazy are certainly an understatement! If I remember correctly, the Florida Governor's Notary Section has already published a statement that enforces F.S.A. 117.107 stating that even with electronic notarizations, the presence requirement must be fulfilled.

117.107 Prohibited acts.—
(9) A notary public may not notarize a signature on a document if the person whose signature is being notarized is not in the presence of the notary public at the time the signature is notarized. Any notary public who violates this subsection is guilty of a civil infraction, punishable by penalty not exceeding $5,000, and such violation constitutes malfeasance and misfeasance in the conduct of official duties. It is no defense to the civil infraction specified in this subsection that the notary public acted without intent to defraud. A notary public who violates this subsection with the intent to defraud is guilty of violating s. 117.105.

Reply by MikeC/NY on 1/15/07 10:18pm
Msg #170990

"I don't see where 'realnotary.com' is offering signature notarizations. Can you point me to that section of their website."

http://realnotary.com/solutions.html

http://realnotary.com/support.html

You set up an account, send them a document, they will notarize. It's unclear how they will verify identity but it looks like if you're willing to pay, they're willing to notarize....

Reply by PAW on 1/15/07 11:00pm
Msg #171001

I'm very confused as to what they really do.

>>> You set up an account, send them a document, they will notarize. It's unclear how they will verify identity but it looks like if you're willing to pay, they're willing to notarize.... <<<

But WHAT are they notarizing? From all their explanations, they are notarizing a "document", which cannot be done by a Florida Notary Public. So, what identity (your words, not theirs) gets verified by the notary?

The website also states:

We are determined to provide the easiest and quickest way to secure your documents, with upholding every legal obligation as your notary. To provide official grant for your pending documents and to give you the confidence that your records will sustain in a legal court of law worldwide.

This too has no meaning for a notarization (as we know it), since the notarial act neither validates or legalizes any document.

I also do not know what they mean by "... provide official grant for your pending documents ..."