HB 1305

1
A bill to be entitled
2An act relating to notaries public; creating s. 117.021,
3F.S.; authorizing electronic notarization; providing
4registration requirements; requiring electronic signatures
5to include certain information; providing requirements for
6the use of a notary public seal with electronic
7signatures; providing that failure to comply with such
8requirements may result in specified sanctions against the
9notary public; requiring the Department of State to adopt
10rules to ensure the security, reliability, and uniformity
11of the signatures and seals; providing an effective date.
12
13     WHEREAS, notaries public are among the longest serving
14public officials in the United States, and
15     WHEREAS, in Florida, notaries public are commissioned and
16regulated by the Executive Office of the Governor and licensed
17by the Secretary of State, and
18     WHEREAS, notaries public are the time-tested defense
19against identity fraud, mortgage fraud, and other kinds of fraud
20that represent a threat to a healthy economy, and
21     WHEREAS, notaries public provide a disinterested third-
22party witness in a broad spectrum of transactions, ensuring
23credibility and reliability to signatures on documents vital to
24our economy, and
25     WHEREAS, a notary public's signature and seal is vital to
26the authenticity and integrity of notarized documents, and
27     WHEREAS, the advent of electronic notarization demands that
28the issues of security and identity in the electronic
29notarization process be subject to accountability and uniform
30standards so as to foster public trust and protect consumers,
31and
32     WHEREAS, to ensure that electronic notarizations enjoy the
33same level of credibility as paper-based notarizations, it is
34imperative that appropriate, substantive, secure, and uniform
35standards and procedures be adopted, and
36     WHEREAS, the absence of uniform standards represents a
37hindrance to the adoption of technologically available
38electronic notarization systems, NOW, THEREFORE,
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Section 117.021, Florida Statutes, is created
43to read:
44     117.021  Electronic notarization.--
45     (1)  Any document requiring notarization may be notarized
46electronically. The provisions of ss. 117.01, 117.03, 117.04,
47117.05(1)-(11), (13), and (14), 117.105, and 117.107 apply to
48all notarizations under this section.
49     (2)  Before performing an electronic notarial act, a notary
50public shall register the capability to notarize electronically
51with the Secretary of State on a form to be prescribed by
52Department of State.
53     (3)  In performing an electronic notarial act, a notary
54public 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
59electronic document in a manner that any subsequent alteration
60to the electronic document displays evidence of the alteration.
61     (4)  When a signature is required to be accompanied by a
62notary public seal, the requirement is satisfied when the
63electronic signature of the notary public contains all of the
64following seal information:
65     (a)  The full name of the notary public exactly as provided
66on 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
69public; and
70     (d)  The notary public's commission number.
71     (5)  Failure of a notary public to comply with any of the
72requirements of this section may constitute grounds for
73suspension of the notary public's commission by the Executive
74Office of the Governor.
75     (6)  The Department of State shall adopt rules to ensure
76the security, reliability, and uniformity of signatures and
77seals authorized in this section.
78     Section 2.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.