Senate Bill sb2490c1

    Florida Senate - 2007                           CS for SB 2490

    By the Committee on Judiciary; and Senator Haridopolos





    590-2498-07

  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.

10  

11         WHEREAS, notaries public are among the longest-serving

12  public officials in the United States, and

13         WHEREAS, in Florida, notaries public are commissioned

14  and regulated by the Executive Office of the Governor, and

15         WHEREAS, notaries public are the time-tested defense

16  against identity fraud, mortgage fraud, and other kinds of

17  fraud that represent a threat to a healthy economy, and

18         WHEREAS, notaries public provide a disinterested

19  third-party witness to a broad spectrum of transactions,

20  thereby ensuring credibility and reliability to signatures on

21  documents vital to our economy, and

22         WHEREAS, a notary public's signature and seal is vital

23  to verifying the authenticity and integrity of notarized

24  documents, and

25         WHEREAS, the advent of electronic notarization demands

26  that security and identity in the electronic notarization

27  process be subject to accountability and uniform standards so

28  as to foster public trust and protect consumers, and

29         WHEREAS, to ensure that electronic notarizations enjoy

30  the same level of credibility as paper-based notarizations, it

31  

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    Florida Senate - 2007                           CS for SB 2490
    590-2498-07




 1  is imperative that appropriate, substantive, secure, and

 2  uniform standards and procedures be adopted, and

 3         WHEREAS, the absence of uniform standards represents a

 4  hindrance to the adoption of technologically available

 5  e-notarization systems, NOW, THEREFORE,

 6  

 7  Be It Enacted by the Legislature of the State of Florida:

 8  

 9         Section 1.  Section 117.021, Florida Statutes, is

10  created to read:

11         117.021  Electronic notarization.--

12         (1)  Any document requiring notarization may be

13  notarized electronically. The provisions of ss. 117.01,

14  117.03, 117.04, 117.05(1)-(11), (13), and (14), 117.105, and

15  117.107 apply to all notarizations under this section.

16         (2)  In performing an electronic notarial act, a notary

17  must use an electronic signature that is:

18         (a)  Unique to the notary public;

19         (b)  Capable of independent verification;

20         (c)  Retained under the notary public's sole control;

21  and

22         (d)  Attached to or logically associated with an

23  electronic document in a manner such that any subsequent

24  alterations to the electronic document display evidence of the

25  change.

26         (3)  If a signature is required to be accompanied by a

27  notary public seal, the requirement is satisfied if the

28  electronic signature of the notary contains all of the

29  following seal information:

30         (a)  The full name of the notary public exactly as

31  provided on the notary public's application for appointment;

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    Florida Senate - 2007                           CS for SB 2490
    590-2498-07




 1         (b)  The words "Notary Public State of Florida";

 2         (c)  The date the commission of the notary public

 3  expires; and

 4         (d)  The commission number of the notary public.

 5         (4)  Failure of the notary public to comply with any of

 6  the requirements of this section may constitute grounds for

 7  suspension of the notary public's commission by the Executive

 8  Office of the Governor.

 9         (5)  The Department of State may adopt rules to ensure

10  the security, reliability, and uniformity of signatures and

11  seals authorized under this section.

12         Section 2.  This act shall take effect January 1, 2008.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                             SB 2490

16                                 

17  The committee substitute:

18  --   Removes the requirement that a notary public must
         register the capability to notarize electronically with
19       the Secretary of State.

20  --   Provides that the Department of State's rulemaking
         authority is permissive rather than mandatory.
21  
    --   Amends the effective date to be January 1, 2008.
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