Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2490
                        Barcode 380502
                            CHAMBER ACTION
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       04/17/2007 06:56 PM         .                    
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11  The Committee on Judiciary (Fasano) recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 117.021, Florida Statutes, is
19  created to read:
20         117.021  Electronic notarization.--
21         (1)  Any document requiring notarization may be
22  notarized electronically. The provisions of ss. 117.01,
23  117.03, 117.04, 117.05(1)-(11), (13), and (14), 117.105, and
24  117.107 apply to all notarizations under this section.
25         (2)  In performing an electronic notarial act, a notary
26  must use an electronic signature that is:
27         (a)  Unique to the notary public;
28         (b)  Capable of independent verification;
29         (c)  Retained under the notary public's sole control;
30  and
31         (d)  Attached to or logically associated with an
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    10:08 AM   04/02/07                            s2490d-ju11-k0a

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 380502 1 electronic document in a manner such that any subsequent 2 alterations to the electronic document display evidence of the 3 change. 4 (3) If a signature is required to be accompanied by a 5 notary public seal, the requirement is satisfied if the 6 electronic signature of the notary contains all of the 7 following seal information: 8 (a) The full name of the notary public exactly as 9 provided on the notary public's application for appointment; 10 (b) The words "Notary Public State of Florida"; 11 (c) The date the commission of the notary public 12 expires; and 13 (d) The commission number of the notary public. 14 (4) Failure of the notary public to comply with any of 15 the requirements of this section may constitute grounds for 16 suspension of the notary public's commission by the Executive 17 Office of the Governor. 18 (5) The Department of State may adopt rules to ensure 19 the security, reliability, and uniformity of signatures and 20 seals authorized under this section. 21 Section 2. This act shall take effect July 1, 2007. 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 Delete everything before the enacting clause 27 28 and insert: 29 A bill to be entitled 30 An act relating to notaries public; creating s. 31 117.021, F.S.; authorizing electronic 2 10:08 AM 04/02/07 s2490d-ju11-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 380502 1 notarization of documents; prescribing 2 responsibilities of notaries with respect to 3 electronic signatures; prescribing information 4 that must be contained in an electronic 5 signature; providing for rules; providing an 6 effective date. 7 8 WHEREAS, notaries public are among the longest-serving 9 public officials in the United States, and 10 WHEREAS, in Florida, notaries public are commissioned 11 and regulated by the Executive Office of the Governor, and 12 WHEREAS, notaries public are the time-tested defense 13 against identity fraud, mortgage fraud, and other kinds of 14 fraud that represent a threat to a healthy economy, and 15 WHEREAS, notaries public provide a disinterested 16 third-party witness to a broad spectrum of transactions, 17 thereby ensuring credibility and reliability to signatures on 18 documents vital to our economy, and 19 WHEREAS, a notary public's signature and seal is vital 20 to verifying the authenticity and integrity of notarized 21 documents, and 22 WHEREAS, the advent of electronic notarization demands 23 that security and identity in the electronic notarization 24 process be subject to accountability and uniform standards so 25 as to foster public trust and protect consumers, and 26 WHEREAS, to ensure that electronic notarizations enjoy 27 the same level of credibility as paper-based notarizations, it 28 is imperative that appropriate, substantive, secure, and 29 uniform standards and procedures be adopted, and 30 WHEREAS, the absence of uniform standards represents a 31 hindrance to the adoption of technologically available 3 10:08 AM 04/02/07 s2490d-ju11-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 380502 1 e-notarization systems, NOW, THEREFORE, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 10:08 AM 04/02/07 s2490d-ju11-k0a