1 | A bill to be entitled |
2 | An act relating to notaries public; creating s. 117.021, |
3 | F.S.; authorizing electronic notarization; providing |
4 | registration requirements; requiring electronic signatures |
5 | to include certain information; providing requirements for |
6 | the use of a notary public seal with electronic |
7 | signatures; providing that failure to comply with such |
8 | requirements may result in specified sanctions against the |
9 | notary public; requiring the Department of State to adopt |
10 | rules to ensure the security, reliability, and uniformity |
11 | of the signatures and seals; providing an effective date. |
12 |
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13 | WHEREAS, notaries public are among the longest serving |
14 | public officials in the United States, and |
15 | WHEREAS, in Florida, notaries public are commissioned and |
16 | regulated by the Executive Office of the Governor and licensed |
17 | by the Secretary of State, and |
18 | WHEREAS, notaries public are the time-tested defense |
19 | against identity fraud, mortgage fraud, and other kinds of fraud |
20 | that represent a threat to a healthy economy, and |
21 | WHEREAS, notaries public provide a disinterested third- |
22 | party witness in a broad spectrum of transactions, ensuring |
23 | credibility and reliability to signatures on documents vital to |
24 | our economy, and |
25 | WHEREAS, a notary public's signature and seal is vital to |
26 | the authenticity and integrity of notarized documents, and |
27 | WHEREAS, the advent of electronic notarization demands that |
28 | the issues of security and identity in the electronic |
29 | notarization process be subject to accountability and uniform |
30 | standards so as to foster public trust and protect consumers, |
31 | and |
32 | WHEREAS, to ensure that electronic notarizations enjoy the |
33 | same level of credibility as paper-based notarizations, it is |
34 | imperative that appropriate, substantive, secure, and uniform |
35 | standards and procedures be adopted, and |
36 | WHEREAS, the absence of uniform standards represents a |
37 | hindrance to the adoption of technologically available |
38 | electronic notarization systems, NOW, THEREFORE, |
39 |
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40 | Be It Enacted by the Legislature of the State of Florida: |
41 |
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42 | Section 1. Section 117.021, Florida Statutes, is created |
43 | to read: |
44 | 117.021 Electronic notarization.-- |
45 | (1) Any document requiring notarization may be notarized |
46 | electronically. The provisions of ss. 117.01, 117.03, 117.04, |
47 | 117.05(1)-(11), (13), and (14), 117.105, and 117.107 apply to |
48 | all notarizations under this section. |
49 | (2) Before performing an electronic notarial act, a notary |
50 | public shall register the capability to notarize electronically |
51 | with the Secretary of State on a form to be prescribed by |
52 | Department of State. |
53 | (3) In performing an electronic notarial act, a notary |
54 | public shall use an electronic signature that is: |
55 | (a) Unique to the notary public; |
56 | (b) Capable of independent verification; |
57 | (c) Retained under the notary public's sole control; and |
58 | (d) Attached to or logically associated with the |
59 | electronic document in a manner that any subsequent alteration |
60 | to the electronic document displays evidence of the alteration. |
61 | (4) When a signature is required to be accompanied by a |
62 | notary public seal, the requirement is satisfied when the |
63 | electronic signature of the notary public contains all of the |
64 | following seal information: |
65 | (a) The full name of the notary public exactly as provided |
66 | on the notary public's application for commission; |
67 | (b) The words "Notary Public State of Florida"; |
68 | (c) The date of expiration of the commission of the notary |
69 | public; and |
70 | (d) The notary public's commission number. |
71 | (5) Failure of a notary public to comply with any of the |
72 | requirements of this section may constitute grounds for |
73 | suspension of the notary public's commission by the Executive |
74 | Office of the Governor. |
75 | (6) The Department of State shall adopt rules to ensure |
76 | the security, reliability, and uniformity of signatures and |
77 | seals authorized in this section. |
78 | Section 2. This act shall take effect July 1, 2007. |