Updated 2026-10-13
from the news desk
Can AI be a notary public? California and Florida still commission humans
California’s handbook and Florida’s statutes describe a notary public as an appointed or commissioned person with identity-checking, recordkeeping and control duties. Both allow electronic or online notarization tools, but neither source…
In the California and Florida texts reviewed here, an AI cannot itself be the notary public. The California Secretary of State’s handbook and Florida’s notary statutes describe a notary as an appointed or commissioned person with age, residence, oath, identity-checking and personal-control duties, while also allowing electronic and online notarization technologies to assist that human office-holder.
The short legal answer in California and Florida
The California Secretary of State’s 2026 handbook defines the office in expressly public-official terms: “A notary public is a public official appointed by the California Secretary of State and performs invaluable services for the legal, business, financial, and real estate communities.” The same handbook says a California applicant must be a legal resident of California, be at least 18 years old, complete approved education, pass a written examination, and pass a background check.
The California handbook also says a commission does not take effect until the appointee files an oath and bond with the county clerk. It states that the notary must file a $15,000 surety bond, and it adds that the notary remains personally liable for the full extent of damages caused by misconduct or negligence.
Florida’s statutes frame the office in similar human terms. Section 117.01 states: “The Governor may appoint as many notaries public as he or she deems necessary, each of whom must be at least 18 years of age and a legal resident of this state.” The same section says the applicant must sign and swear to the application, must be able to read, write, and understand English, and must maintain Florida residence throughout the term of appointment.
Florida section 117.05 then ties the commission to one named office-holder. That section says a person may not obtain or use a notary public commission in other than his or her legal name, and section 117.107 says a notary may not use a different name or initial when signing certificates. Those are person-specific rules, not just rules for a document-processing system.
That point matters for the AI question. A tool may help a notary do the work. But in both states, the office itself is described as something granted to a person who meets qualifications, takes on legal duties, and can face suspension, revocation, civil exposure, or criminal penalties.
Why electronic and online notarization do not make the AI the notary
That human-office picture does not disappear when notarization goes digital. Florida section 117.021 says: “Any document requiring notarization may be notarized electronically.” Florida’s online-notary provisions then define online notarization as a notarial act done with electronic means in which the principal appears before the notary by audio-video communication technology. The same part defines an online notary public as a notary public commissioned under part I who has registered to perform online notarizations.
California also allows remote online notarization, but the California Secretary of State says the Online Notarization Act became effective on 1 January 2024 and is operative in stages. The handbook says approved California notaries will be allowed to perform remote online notarizations using audio-video communication and online notarization platforms once the remaining provisions become operative.
Even in those digital settings, both sources keep control in the hands of the commissioned notary. Florida section 117.021 says the electronic signature must be unique to the notary, capable of independent verification, and retained under the notary’s sole control. California’s handbook says the seal and journal must be kept in a locked and secured area under the notary’s direct and exclusive control, and warns: “A notary public is guilty of a misdemeanor if the notary public willfully fails to keep the notary public seal under the notary public’s direct and exclusive control.”
The same pattern appears in identity checking. Florida section 117.05 states: “A notary public may not notarize a signature on a document unless he or she personally knows, or has satisfactory evidence, that the person whose signature is to be notarized is the individual who is described in and who is executing the instrument.” California’s handbook likewise says a notary must certify the signer’s identity based on satisfactory evidence and must record identification details or witness information in the journal.
Presence rules point the same way. California’s handbook says an acknowledgment or jurat cannot be attached if the signer did not personally appear before the notary. Florida section 117.107 says a notary may not notarize if the signer does not appear either physically or by authorized audio-video technology at the time of notarization. Electronic tools are permitted, but the legal duty still sits on the notary.
The strongest case for a broader reading
The strongest argument on the other side starts with the breadth of the technology rules. Florida’s online-notary part defines credential analysis as a third-party process that helps the notary confirm a government-issued identification credential. It also defines identity proofing as a third-party process that can include knowledge-based authentication or biometric verification. The same part defines a Remote Online Notarization service provider as a person that supplies audio-video technology, related processes, software, data storage, or other services that directly facilitate online notarizations.
California’s handbook likewise contemplates online notarization platforms, not just pen-and-paper acts. One reading is that these texts leave wide room for increasingly automated software to assist the commissioned notary with screening IDs, checking tamper evidence, organizing journal records, or guiding the notary through required steps. That is close to the distinction drawn in our explainers on whether AI can sign a contract and whether AI can be a legal agent: the tool may do important work even if the legal actor remains someone else.
That broader reading is strongest if the question is practical rather than formal. If a user asks whether AI can help perform notarization tasks, the California and Florida texts support a qualified yes. Technology may be central to electronic and online notarization, and Florida expressly builds third-party identity tools and RON providers into the system.
Why the human-commission reading is still stronger
But if the question is whether the AI itself can hold the office of notary public, the human-commission reading remains stronger in both jurisdictions. California’s handbook describes how a person becomes a notary: legal residence, minimum age, education, examination, fingerprint-based background checking, oath, bond, seal control, journal keeping, and possible criminal or administrative penalties. Florida’s statutes do the same with age, residence, English-language ability, a signed and sworn application, a bond, and possible suspension or criminal liability.
Those rules are hard to separate from personhood in law. Florida’s statutes tie the commission to a legal name and restrict the name used in certificates. California’s handbook ties the seal to the name shown on the commission and says the seal must not be surrendered to another person. Both sources impose sanctions on the commission-holder for false certificates, misuse of the seal, or failures of custody and procedure.
The online-notary provisions in Florida point the same way. Section 117.225 says a notary public may register as an online notary only by first holding a current commission and then meeting added requirements, including identifying a RON provider and providing evidence of a larger bond and errors-and-omissions insurance. The system, as Florida wrote it, treats the platform and the provider as support for the office-holder, not as the office-holder.
So the cleanest answer from these texts is narrow but stable. In California and Florida, AI can fit inside notarization workflows, especially electronic and remote ones. The notary public, however, is still the appointed or commissioned human being who takes the oath, controls the seal and records, verifies identity, and faces suspension, civil exposure, or criminal penalties for getting the act wrong. The same divide also appears in our explainer on whether AI can be a judge, where technology can assist but the official role remains legally human.
Frequently asked questions
Can AI help with remote or online notarization?
Yes, in a limited sense. Florida’s statutes allow electronic and online notarization and define third-party identity tools and Remote Online Notarization service providers. California’s handbook says approved California notaries will be allowed to perform remote online notarizations using audio-video communication and online notarization platforms once the remaining provisions become operative. In both states, though, the commissioned notary remains legally responsible.
Does electronic notarization mean the software becomes the notary?
No. Florida section 117.021 says documents may be notarized electronically, but it also says the electronic signature must be unique to the notary and under the notary’s sole control. California’s handbook likewise says the seal and journal stay under the notary’s direct and exclusive control.
Can the signer appear over video instead of in person?
Sometimes. Florida’s statutes say a person can appear before an online notary by audio-video communication technology when the requirements for online notarization are met. California’s handbook says remote online notarization is allowed in stages and says approved California notaries will be allowed to use audio-video communication and online notarization platforms once the remaining provisions become operative.
Could a state commission an AI as a notary in the future?
The California and Florida texts used here do not create a commission path for a nonhuman system. Instead, the California handbook and Florida statutes describe notaries as persons or individuals with human-linked qualifications, naming rules, oath duties, and liability rules.
Caveats: This explainer relies on California’s 2026 notary handbook and Florida’s 2025 statutes. California-specific points about the staged rollout of remote online notarization and Florida-specific points about online-notary registration, recordings, credential analysis, and identity proofing do not establish that every other state uses the same wording.