On January 1, 2020, Florida law will change, allowing for the acceptance of remotely notarized (e-notarized) documents for recording/filing with the Clerk’s Office, both for official records and court documents, with few exceptions. The Clerk will follow Chapter Law 2019-71, which reflects all changes relevant to this process.

Recording an Official Document

The Clerk performs a ministerial act when accepting documents for recording. The Clerk has no duty under Florida law to look beyond the document content to determine the legal sufficiency of a notarial act associated with the electronic documents. Any person who submits an electronic document for recording in Hillsborough County knowing that the document does not meet the notarial requirements of current Florida law assumes the risk that such document may not be accorded all of the entitlements of a recorded official record document, as may thereafter be determined as a matter of law.

Filing a Court Document

The Clerk performs a ministerial act when accepting court documents for court files. The Clerk has no duty under Florida law to look beyond the document content to determine the legal sufficiency of a notarial act associated with the electronic documents. Any person who submits an electronic document for filing in the Hillsborough County Courts knowing that the document does not meet the notarial requirements of current Florida law assumes the risk that such document may not be accepted by the court, as may thereafter be determined as a matter of law.

Are you a Notary looking to perform electronic or remote notarizing in Florida?

You can find out more information about performing electronic notarizing in Florida on the Florida Governor’s website.

Related: Electronic Recording Business Rules