Senate Bill sb2490
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2490
By Senator Haridopolos
26-1535-07
1 A bill to be entitled
2 An act relating to notaries public; creating s.
3 117.021, F.S.; authorizing electronic
4 notarization of documents; prescribing
5 responsibilities of notaries with respect to
6 electronic signatures; prescribing information
7 that must be contained in an electronic
8 signature; providing for rules; providing an
9 effective date.
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11 WHEREAS, notaries public are amongst the
12 longest-serving public officials in the United States, and
13 WHEREAS, in Florida, notaries public are commissioned
14 and regulated by the Governor and licensed by the Secretary of
15 State, and
16 WHEREAS, notaries public are the time-tested defense
17 against identity fraud, mortgage fraud, and other kinds of
18 fraud that represent a threat to a healthy economy, and
19 WHEREAS, notaries public provide the disinterested
20 third-party witness in a broad spectrum of transactions giving
21 a higher level of credibility and reliability to signatures on
22 documents vital to our economy, and
23 WHEREAS, the notary public's signature and seal are
24 vital to the authenticity and integrity of notarized
25 documents, and
26 WHEREAS, the advent of electronic notarization demands
27 that the issues of security and identity in the electronic
28 process be likewise subject to accountability and uniform
29 standards so as to foster public trust and protect consumers,
30 and
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Florida Senate - 2007 SB 2490
26-1535-07
1 WHEREAS, for electronic notarizations to enjoy the same
2 level of credibility as paper-based notarizations, it is
3 imperative that appropriate, substantive, secure, and uniform
4 standards and procedures be adopted, and
5 WHEREAS, the absence of uniform standards has
6 represented a hindrance to the adoption of technologically
7 available e-notarization systems, NOW, THEREFORE,
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Section 117.021, Florida Statutes, is
12 created to read:
13 117.021 Electronic notarization.--
14 (1) Any document that requires a notarization may be
15 notarized electronically. The provisions of ss. 117.01,
16 117.03, 117.04, 117.05(1)-(11), (13), and (14), 117.105, and
17 117.107 apply to all notarizations under this section except
18 as set forth in this section.
19 (2) Before performing an electronic notarial act, a
20 notary public must register the capability to notarize
21 electronically with the Secretary of State on a form to be
22 prescribed by Department of State.
23 (3) In performing an electronic notarial act, a notary
24 shall use an electronic signature that is:
25 (a) Unique to the notary public;
26 (b) Capable of independent verification;
27 (c) Retained under the notary public's sole control;
28 and
29 (d) Attached to or logically associated with the
30 electronic document in such a manner that any subsequent
31 alterations to the document render evidence of the change.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2490
26-1535-07
1 (4) When a signature is required to be accompanied by
2 a notary's seal, that requirement is satisfied if the
3 electronic signature of the notary contains all of the
4 following seal information:
5 (a) The name of the notary public exactly as
6 commissioned;
7 (b) The words "Notary Public - State of Florida";
8 (c) The date of expiration of the commission of the
9 notary public; and
10 (d) The notary public's commission number.
11 (5) Failure to comply with this section constitutes
12 grounds for suspension from office by the Governor.
13 (6) The Department of State shall adopt rules to
14 ensure the security, reliability, and uniformity of signatures
15 and seals authorized in this section.
16 Section 2. This act shall take effect July 1, 2007.
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19 SENATE SUMMARY
20 Authorizes the use of electronic notarization. Provides
procedures therefor and requirements with respect
21 thereto.
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CODING: Words stricken are deletions; words underlined are additions.