Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS for SB 1042 Ì586412ÈÎ586412 LEGISLATIVE ACTION Senate . House . . . Floor: 1b/AD/2R . 03/06/2018 10:48 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Brandes moved the following: 1 Senate Amendment to Amendment (343146) 2 3 Delete lines 436 - 606 4 and insert: 5 (9) “Online notary public” means a notary public 6 commissioned under part I of this chapter, a civil-law notary 7 appointed under chapter 118, or a commissioner of deeds 8 appointed under part IV of chapter 721, who has registered with 9 the Executive Office of the Governor and the Department of State 10 to perform online notarizations under this part. 11 (10) “Principal” means an individual whose electronic 12 signature is acknowledged, witnessed, or attested to in an 13 online notarization or who takes an oath or affirmation from the 14 online notary public. 15 (11) “Remote presentation” means transmission of an image 16 of a government-issued identification credential that is of 17 sufficient quality to enable the online notary public to 18 identify the individual seeking the notary’s services and to 19 perform credential analysis through audio-video communication 20 technology. 21 22 Except where the context otherwise requires, any term defined in 23 s. 668.50 has the same meaning when used in this part. 24 Section 7. Section 117.209, Florida Statutes, is created to 25 read: 26 117.209 Authority to perform online notarizations.— 27 (1) An online notary public may perform any of the 28 functions authorized under part I of this chapter as an online 29 notarization, excluding solemnizing the rites of matrimony. 30 (2) If a notarial act requires a principal to appear before 31 or in the presence of the online notary public, the principal 32 may appear before the online notary public by means of audio 33 video communication technology that meets the requirements of 34 this chapter and any rules adopted by the Department of State 35 under s. 117.295. 36 (3) An online notary public may perform an online 37 notarization as authorized under this part, regardless of the 38 physical location of the principal at the time of the notarial 39 act, provided the notary public, other than a civil-law notary 40 or a commissioner of deeds, is physically located in this state 41 while performing the online notarization. 42 (4) The validity of an online notarization performed by an 43 online notary public registered in this state shall be 44 determined by applicable laws of this state regardless of the 45 physical location of the principal at the time of the notarial 46 act. 47 Section 8. Section 117.215, Florida Statutes, is created to 48 read: 49 117.215 Relation to other laws.— 50 (1) If a provision of law requires a notary public or other 51 authorized official of this state to notarize a signature or a 52 statement, to take an acknowledgement of an instrument, or to 53 administer an oath or affirmation so that a document may be 54 sworn, affirmed, made under oath, or subject to penalty of 55 perjury, an online notarization performed in accordance with the 56 provisions of this part and any rules adopted hereunder 57 satisfies such requirement. 58 (2) If a provision of law requires a signature or an act to 59 be witnessed, compliance with the online electronic witnessing 60 standards prescribed in s. 117.285 and any rules adopted 61 thereunder satisfies that requirement. 62 Section 9. Section 117.225, Florida Statutes, is created to 63 read: 64 117.225 Registration; qualifications.—A notary public, a 65 civil-law notary appointed under chapter 118, or a commissioner 66 of deeds appointed under part IV of chapter 721 may complete 67 registration as an online notary public with the Executive 68 Office of the Governor and the Department of State by: 69 (1) Holding a current commission as a notary public under 70 part I of this chapter, an appointment as a civil-law notary 71 under chapter 118, or an appointment as a commissioner of deeds 72 under part IV of chapter 721, and submitting a copy of such 73 commission or proof of such appointment with his or her 74 registration. 75 (2) Certifying that the notary public, civil-law notary, or 76 commissioner of deeds registering as an online notary public has 77 completed a classroom or online course covering the duties, 78 obligations, and technology requirements for serving as an 79 online notary public. 80 (3) Paying an online notary public commission fee in the 81 amount of $10, as required by s. 113.01. 82 (4) Submitting a registration as an online notary public to 83 the Executive Office of the Governor and the Department of 84 State, signed and sworn to by the registrant. 85 (5) Confirming in a statement that the audio-video 86 communication and identity proofing technologies the registrant 87 intends to use in performing online notarizations satisfy the 88 requirements of this chapter. 89 (6) Providing evidence satisfactory to the Executive Office 90 of the Governor and the Department of State that the registrant 91 has obtained a bond, payable to any individual harmed as a 92 result of a breach of duty by the registrant acting in his or 93 her official capacity as an online notary public, conditioned 94 for the due discharge of the office, in the minimum amount of 95 $25,000 and on such terms as are specified by rule by the 96 Department of State as reasonably necessary to protect the 97 public. The bond shall be approved and filed with the Department 98 of State and executed by a surety company duly authorized to 99 transact business in this state. Compliance by an online notary 100 public with this requirement shall satisfy the requirement of 101 obtaining a bond under s. 117.01(7). 102 (7) Providing evidence satisfactory to the Executive Office 103 of the Governor and the Department of State that the registrant 104 acting in his or her capacity as an online notary public is 105 covered by an errors and omissions insurance policy from an 106 insurer authorized to transact business in this state, in the 107 minimum amount of $25,000 and on such terms as are specified by 108 rule by the Department of State as reasonably necessary to 109 protect the public. 110 Section 10. Section 117.235, Florida Statutes, is created 111 to read: 112 117.235 Performance of notarial acts.— 113 (1) An online notary public is subject to part I of this 114 chapter to the same extent as a notary public appointed and 115 commissioned only under that part, including the provisions of 116 s. 117.021 relating to electronic notarizations. 117 (2) An online notary public may perform notarial acts as 118 provided by part I of this chapter in addition to performing 119 online notarizations as authorized and pursuant to the 120 provisions of this part. 121 Section 11. Section 117.245, Florida Statutes, is created 122 to read: 123 117.245 Electronic journal of online notarizations.— 124 (1) An online notary public shall keep a secure electronic 125 journal of electronic records notarized by the online notary 126 public. For each online notarization, the electronic journal 127 entry must contain all of the following: 128 (a) The date and time of the notarization. 129 (b) The type of notarial act. 130 (c) The type, the title, or a description of the electronic 131 record or proceeding. 132 (d) The printed name and address of each principal involved 133 in the transaction or proceeding. 134 (e) Evidence of identity of each principal involved in the 135 transaction or proceeding in any of the following forms: 136 1. A statement that the person is personally known to the 137 online notary public. 138 2. A notation of the type of government-issued 139 identification credential provided to the online notary public. 140 3. A copy of the government-issued identification 141 credential provided. 142 4. A copy of any other identification credential or 143 information provided. 144 (f) An indication that the principal satisfactorily passed 145 the identity proofing. 146 (g) An indication that the government-issued identification 147 credential satisfied the credential analysis. 148 (h) The fee, if any, charged for the notarization. 149 (2) The online notary public shall retain a copy of the 150 recording of the audio-video communication in which: 151 (a) The principal and any witnesses appeared before the 152 notary public. 153 (b) The identity of each was confirmed. 154 (c) Electronic records were signed by the principal and any 155 witnesses. 156 (d) The notarial act was performed. 157 (3) The online notary public shall take reasonable steps 158 to: 159 (a) Ensure the integrity, security, and authenticity of 160 online notarizations. 161 (b) Maintain a backup record of the electronic journal 162 required by subsection (1). 163 (c) Protect the electronic journal, the backup record, and 164 any other records received by the online notary public from 165 unauthorized access or use. 166 (4) The electronic journal required under subsection (1) 167 and the recordings of audio-video communications required under 168 subsection (2) shall be maintained for at least 10 years after 169 the date of the notarial act. The Executive Office of the 170 Governor maintains jurisdiction over the electronic journal and 171 audio-video communication recordings to investigate notarial 172 misconduct for a period of 10 years after the date of the 173 notarial act. The online notary public, a guardian of an 174 incapacitated online notary public, or the personal 175 representative of a deceased online notary public, may, by 176 contract with a secure repository in accordance with any rules 177 established under this chapter, delegate to the repository the 178 online notary public’s duty to retain the electronic journal and 179 the required recordings of audio-video communications.