When the Notary Knows the Rule and the Attorney Doesn’t: Florida RON Execution in the Real World

Remote Online Notarization

Is It Really UPL If the Attorney Doesn’t Know the Rule?

This is one of those RON stories where my real-life calm, steady professional tone stays intact, but my internal monologue quietly writes a blog afterward.
Attorneys know drafting. We know execution. And sometimes those two universes collide in ways that produce very educational phone calls.

Florida’s Hidden Execution Rules

RON Execution Lives Outside the Traditional Legal Wheelhouse

Florida has a few execution rules that become non-negotiable the moment a document enters the online notarization world:

  • Wills & Healthcare Directives: If the principal is a vulnerable adult, witnesses must be physically present with them. Not remote.
  • DPOA Superpowers (§709.2202): Those separate initial lines cannot be granted unless the witnesses are physically present. Remote witnesses = no powers.

Not forgotten — never learned. These rules sit entirely outside the estate-planning universe.

And it’s not just attorneys. Even notaries often don’t know that
supervising the witnessing of electronic records
is a separate notarial act under Florida law. That one topic alone shows how deep the RON execution lane really goes.

A Smooth Signing… Until the Follow-Up Call

When Two Domains Collide

During the signing, I explained to the signer — calmly and as part of my notarial duties — that because their witnesses were remote, the superpowers section could not be initialed.
They understood. The session went smoothly.

Then their attorney received the document.

Attorney: “The POA is invalid. The superpower boxes aren’t initialed.”
Me (calm tone): “The witnesses were remote, so the superpowers couldn’t be granted.”
Me (internal blog voice): “In Florida, superpowers disappear the moment a witness signs from a recliner instead of a table.”

Then came the follow-up:

Attorney: “Why didn’t you tell us this?”

I’m perfectly comfortable talking to attorneys. Many appreciate learning these RON execution rules.
Others… well, let’s just say unsolicited education can land differently depending on the audience — it’s the Glinda moment where you quietly determine whether you’re dealing with a
good witch or a bad witch before deciding how far into the explanation you’re going to go.

I explained that I had covered this with their client during the session. The message simply didn’t make the return trip.

To resolve the matter professionally, I offered to redo the signing with in-person witnesses at no charge.

The Real Question

Is It “Legal Advice,” or Just Knowing Your Job?

Here’s the rhetorical question behind the whole situation — rhetorical because I already know the answer:

Is it unlicensed legal advice when the notary is the only one who knows the execution rule?

Attorneys know drafting. We know execution.
RON execution is not a footnote — it’s its own domain with identity requirements, witness restrictions, platform constraints, audio-video obligations, retention rules, and specialized notarial acts.

Drafting determines what the document says.
Execution determines whether it actually works.

Most people underestimate how much the execution side carries the weight of validity.

Why This Matters

RON Isn’t a Button — It’s a System

Even beautifully drafted documents fail when execution fails.
And in RON, execution is the structure that everything rests on.

Readers should walk away thinking, “These folks really understand this stuff.”
And they should — because it’s true.

RON is where drafting and execution meet reality. A notary who understands this world doesn’t just prevent mistakes — they prevent invalid documents.
That’s why expertise matters, and why people rely on professionals who live in this lane every day.

A Practical Fix

An Attorney Refresher Pop-Up

Quick Florida RON Execution Refresher
– Vulnerable adults cannot use remote witnesses for wills/health directives
– DPOA superpowers require in-person witnesses
Click to acknowledge.

It sets expectations early and eliminates the “Why didn’t anyone tell us?” moment later.

Your Turn

If you’ve worked in RON, you’ve seen this dynamic:

  • Attorneys encountering execution rules they never knew existed
  • Determining whether it’s a “good witch or bad witch” moment
  • Staying calm externally while your inner monologue writes a comedy special
  • Watching two professional worlds intersect — and you’re the only one who sees the collision coming

Share your stories.
The polished ones, and the internal ones.
Because in Florida RON, execution isn’t a formality — it’s the foundation.

John Bayne
Co-Founder & CEO | Florida Document Specialists

📞 (386) 218-2523
📧 john@floridadocument.com
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