Can a Power of Attorney Be Signed Electronically for a Florida Real Estate Closing?

Florida law allows electronic signatures on powers of attorney, but the requirements are strict. Not all electronic signatures are sufficient — the document must be executed in a way that meets Florida's witnessing and notarization requirements.

This post is for general informational purposes only and does not constitute legal advice.

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Florida's Electronic Signature Requirements

Florida's Electronic Signatures Act allows electronic signatures on most documents, including powers of attorney. However, a power of attorney used in a real estate closing must also be:

• Witnessed by two adult witnesses
• Notarized (acknowledged before a notary public)

A simple DocuSign or e-signature without witnesses and notarization is not sufficient for a power of attorney used in a Florida real estate closing.

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Remote Online Notarization (RON)

Florida was one of the first states to authorize remote online notarization (RON). Under Florida Statute 117.021, a notary public can notarize documents remotely using audio-video technology.

A power of attorney executed via RON — with electronic signatures, electronic witnesses, and remote online notarization — is valid in Florida and can be used in a real estate closing.

Requirements for RON:

• The principal must appear before the notary via live audio-video connection
• Two witnesses must also appear (they can be remote)
• The notary must use an approved RON platform
• The document must be electronically signed by all parties

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What Title Companies Accept

Most Florida title companies now accept RON-executed powers of attorney. However, some title companies still prefer wet (ink) signatures and traditional notarization. Confirm with the title company before proceeding.

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Out-of-State Buyers and Sellers

RON is particularly useful for out-of-state buyers and sellers who cannot easily appear in person for a Florida closing. A RON-executed power of attorney allows the principal to sign from anywhere with an internet connection.

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FAQ

Can I use a DocuSign power of attorney for a Florida real estate closing?

Not unless it was also properly witnessed and notarized (either in person or via RON). A DocuSign signature alone is not sufficient.

Is a RON-executed power of attorney valid in all Florida counties?

Yes. RON is authorized statewide in Florida.

What RON platforms are approved in Florida?

Florida has approved several RON platforms. Your attorney or title company can recommend one.

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Using a power of attorney for your Emerald Coast closing? I can help you coordinate with the title company to ensure the document meets their requirements.

— Kinsey Haddock P.A., Broker Associate | Coldwell Banker Realty — Panhandle | License #BK3253849