| 1 | A bill to be entitled |
| 2 | An act relating to notaries public; creating s. 117.021, |
| 3 | F.S.; authorizing electronic notarization; providing |
| 4 | registration requirements; requiring electronic signatures |
| 5 | to include certain information; providing requirements for |
| 6 | the use of a notary public seal with electronic |
| 7 | signatures; providing that failure to comply with such |
| 8 | requirements may result in specified sanctions against the |
| 9 | notary public; requiring the Department of State to adopt |
| 10 | rules to ensure the security, reliability, and uniformity |
| 11 | of the signatures and seals; providing an effective date. |
| 12 |
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| 13 | WHEREAS, notaries public are among the longest serving |
| 14 | public officials in the United States, and |
| 15 | WHEREAS, in Florida, notaries public are commissioned and |
| 16 | regulated by the Executive Office of the Governor and licensed |
| 17 | by the Secretary of State, and |
| 18 | WHEREAS, notaries public are the time-tested defense |
| 19 | against identity fraud, mortgage fraud, and other kinds of fraud |
| 20 | that represent a threat to a healthy economy, and |
| 21 | WHEREAS, notaries public provide a disinterested third- |
| 22 | party witness in a broad spectrum of transactions, ensuring |
| 23 | credibility and reliability to signatures on documents vital to |
| 24 | our economy, and |
| 25 | WHEREAS, a notary public's signature and seal is vital to |
| 26 | the authenticity and integrity of notarized documents, and |
| 27 | WHEREAS, the advent of electronic notarization demands that |
| 28 | the issues of security and identity in the electronic |
| 29 | notarization process be subject to accountability and uniform |
| 30 | standards so as to foster public trust and protect consumers, |
| 31 | and |
| 32 | WHEREAS, to ensure that electronic notarizations enjoy the |
| 33 | same level of credibility as paper-based notarizations, it is |
| 34 | imperative that appropriate, substantive, secure, and uniform |
| 35 | standards and procedures be adopted, and |
| 36 | WHEREAS, the absence of uniform standards represents a |
| 37 | hindrance to the adoption of technologically available |
| 38 | electronic notarization systems, NOW, THEREFORE, |
| 39 |
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| 40 | Be It Enacted by the Legislature of the State of Florida: |
| 41 |
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| 42 | Section 1. Section 117.021, Florida Statutes, is created |
| 43 | to read: |
| 44 | 117.021 Electronic notarization.-- |
| 45 | (1) Any document requiring notarization may be notarized |
| 46 | electronically. The provisions of ss. 117.01, 117.03, 117.04, |
| 47 | 117.05(1)-(11), (13), and (14), 117.105, and 117.107 apply to |
| 48 | all notarizations under this section. |
| 49 | (2) Before performing an electronic notarial act, a notary |
| 50 | public shall register the capability to notarize electronically |
| 51 | with the Secretary of State on a form to be prescribed by |
| 52 | Department of State. |
| 53 | (3) In performing an electronic notarial act, a notary |
| 54 | public 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 |
| 59 | electronic document in a manner that any subsequent alteration |
| 60 | to the electronic document displays evidence of the alteration. |
| 61 | (4) When a signature is required to be accompanied by a |
| 62 | notary public seal, the requirement is satisfied when the |
| 63 | electronic signature of the notary public contains all of the |
| 64 | following seal information: |
| 65 | (a) The full name of the notary public exactly as provided |
| 66 | on 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 |
| 69 | public; and |
| 70 | (d) The notary public's commission number. |
| 71 | (5) Failure of a notary public to comply with any of the |
| 72 | requirements of this section may constitute grounds for |
| 73 | suspension of the notary public's commission by the Executive |
| 74 | Office of the Governor. |
| 75 | (6) The Department of State shall adopt rules to ensure |
| 76 | the security, reliability, and uniformity of signatures and |
| 77 | seals authorized in this section. |
| 78 | Section 2. This act shall take effect July 1, 2007. |