Florida Proposes Biometric ID Option for Online Notaries, Hearing November 24, 2026 if Requested

The Florida Department of State published a proposed amendment to Rule 1N-7.001, Florida Administrative Code, on October 30, 2026, that would set standards for using biometric verification to confirm a signer's identity during a remote online notarization. A public hearing will be held November 24, 2026, at 10:00 a.m. in Tallahassee only if it is requested within 21 days of the notice.

The amendment is a proposed rule. It has not been adopted, and the current rule remains in place without change.

What the Proposed Biometric Option Would Allow

The proposal would add a new subsection (10) to Rule 1N-7.001. It states that identity proofing may be performed either through knowledge based authentication that meets the minimum security characteristics in section 117.295(3)(a), Florida Statutes, or through biometric verification.

To qualify, the biometric process would have to use facial recognition technology that compares the remote attendee's government issued credential with the person's live appearance. The comparison would take place during the remote online notary session in which biometric verification is used for identity proofing.

The facial recognition technology would also have to comply with National Institute of Standards and Technology Special Publication 800-63A-4, sections 3.11 and 3.14. The rule would incorporate that publication by reference, effective July 2025.

Current Identity Proofing Standards

Section 117.295(3) sets minimum standards that apply to every online notarization by a Florida online notary public or the notary's remote online notarization (RON) service provider until the Department adopts rules that are equally or more protective. For identity proofing, the statute calls for knowledge based authentication.

Under that standard, the principal must be presented with five or more questions, each with at least five possible answers, drawn from third party public and proprietary data sources. All answers must be given within two minutes, and the principal must answer at least 80 percent correctly.

A principal who fails may be offered one more attempt, with no more than three questions repeated from the first try. The statute lists credential analysis and audio video communication technology as separate requirements, and the proposed amendment addresses only identity proofing.

The current Rule 1N-7.001 took effect February 16, 2020. Its nine subsections cover definitions, registration of online notaries, the notary's sole control of the electronic journal, signature and seal, and the use of RON service providers. The notice states that subsections (1) through (9) would not change.

Legal Authority and Rulemaking History

The Department cites section 117.295 as its rulemaking authority, and the rule implements sections 117.225 and 117.295. Section 117.295(1) allows the Department to adopt standards for online notarization, including identity proofing and methods of assuring the identity of principals.

A notice of rule development was published March 6, 2026, and a rule development workshop was noticed for August 14, 2026. Secretary of State Cord Byrd approved the proposed rule on October 29, 2026, and the notice lists Sean Toner, Director of the Division of Corporations, as the originator.

The Department found no adverse impact on small business and no regulatory costs above $200,000 in the aggregate within one year, and it did not prepare a statement of estimated regulatory costs. The notice states that the rule would not increase fees or impose other costs on the regulated industry.

Hearing Requests and Next Steps

The 21 day window to request a hearing runs from October 30 through November 20, 2026. If a hearing is requested, it will be held at the R.A. Gray Building, 500 South Bronough Street, in Tallahassee. If no one requests it, the hearing will not take place.

Information about regulatory costs, or a proposal for a lower cost regulatory alternative, must be submitted in writing within the same 21 days. The contact for the proposed rule is Jon Morris, Chief Deputy General Counsel for the Department of State.

The notice does not set an effective date for the amendment.