Closing Remotely in Florida: Online Notarization, Remote Witnesses and E-Signatures

Published October 9, 2026 · Recalde & Friedman, PLLC

Why it matters

South Florida closings regularly involve sellers who live abroad, heirs scattered across several states, and buyers who can't travel on closing day. Florida's online notarization law lets many closing documents be signed, witnessed and notarized by video.

E-signatures and electronic contracts

Under Florida's Electronic Signature Act, a record or signature may not be denied legal effect solely because it's electronic, and an electronic record satisfies a writing requirement (§ 668.50, Fla. Stat.(7)). The Florida Realtors/Florida Bar contract expressly allows electronic signatures and says electronic copies count as originals (Standard O). Closing itself may be conducted by mail, overnight courier or electronic means (Standard I(i)).

Contracts are the easy part. Deeds and mortgages need witnesses and a notarial acknowledgment to be recorded.

Remote online notarization (RON)

• A registered Florida online notary may perform notarial acts by audio-video communication technology, and a principal may "appear" before the notary that way (§ 117.209, Fla. Stat.(1)–(2)).
• A Florida online notary physically located in Florida may notarize for a signer who is outside Florida (§ 117.209, Fla. Stat.(3)). When the signer is outside the state, the notary must confirm that the signer wants the act performed by a Florida notary under Florida law (§ 117.265, Fla. Stat.(3)).
• Unless the notary knows the signer personally, identity must be confirmed by remote presentation of a government-issued ID, credential analysis of that ID, and identity proofing such as knowledge-based authentication. If those steps can't be completed, the notarization can't proceed (§ 117.265, Fla. Stat.(4)).
• Minimum knowledge-based authentication standards include at least five questions, a 2-minute time limit, and at least 80% correct answers (§ 117.295, Fla. Stat.(3)).

Remote witnesses

A Florida deed must be signed in the presence of two subscribing witnesses (§ 689.01, Fla. Stat.(1)). That requirement can be met by witnesses present through audio-video technology (§ 689.01, Fla. Stat.(2)). Under the online notarization law:

• A witness may be physically with the signer or remote (§ 117.285, Fla. Stat.(1)).
• A remote witness must verbally confirm being a resident of, and physically located in, the United States or a U.S. territory at the time of witnessing (§ 117.285, Fla. Stat.(4)).
• Extra safeguards apply when certain documents, including some powers of attorney, are witnessed remotely with fewer than two witnesses physically present (§ 117.285, Fla. Stat.(5)). That matters if a seller plans to sign through an agent under a power of attorney.

Recording electronic documents

Florida's recording law accepts electronic documents and electronic signatures, including electronic notarization and witnessing, for recording (§ 695.27, Fla. Stat.(3)).

What can still slow a remote closing

• Lender rules. Some lenders or loan programs don't accept RON for some documents. Ask early.
• ID problems. Signers outside the U.S., or without a U.S. credit history, may not be able to complete knowledge-based authentication. The alternative is an in-person signing abroad, before a notary or consular officer, under Florida's rules for acknowledgments taken outside the United States (§ 695.03, Fla. Stat.(3)).
• Technology. The signer needs a camera, a microphone and a stable connection, and, for certain documents, must answer the notary's questions about where they are and who is with them.
• Wire fraud. Remote closings rely on email and video. Never accept changed wire instructions by email. See wire fraud.

Tips for agents

1. Ask at contract whether any party will sign remotely.
2. Tell the closing agent early so it can confirm lender approval and schedule the session.
3. For sellers abroad, plan for an in-person alternative in case ID verification fails.

Hypothetical

A seller living in another state needs to sign a deed for a Miami condo. The closing agent arranges an online notarization with a Florida online notary. The seller passes identity proofing, confirms she wants a Florida notary to perform the act, and two remote witnesses located in the U.S. watch her sign and hear her confirm she signed. The electronically notarized deed is then recorded. If the seller had lived abroad without a U.S. credit history, knowledge-based authentication might have failed, and an in-person signing before a foreign notary or U.S. consulate would have been the fallback.

Frequently asked questions