CS/HB 1305

1	A bill to be entitled
2	An act relating to notaries public; creating s. 117.021,
3	F.S.; authorizing electronic notarization; requiring
4	electronic signatures to include certain information;
5	providing requirements for the use of a notary public seal
6	with electronic signatures; providing that failure to
7	comply with such requirements may result in specified
8	sanctions against the notary public; authorizing the
9	Department of State to adopt rules to ensure the security,
10	reliability, and uniformity of the signatures and seals;
11	providing an effective date.
12
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
17	WHEREAS, notaries public are the time-tested defense
18	against identity fraud, mortgage fraud, and other kinds of fraud
19	that represent a threat to a healthy economy, and
20	WHEREAS, notaries public provide a disinterested third-
21	party witness in a broad spectrum of transactions, ensuring
22	credibility and reliability to signatures on documents vital to
23	our economy, and
24	WHEREAS, a notary public's signature and seal is vital to
25	the authenticity and integrity of notarized documents, and
26	WHEREAS, the advent of electronic notarization demands that
27	the issues of security and identity in the electronic
28	notarization process be subject to accountability and uniform
29	standards so as to foster public trust and protect consumers,
30	and
31	WHEREAS, to ensure that electronic notarizations enjoy the
32	same level of credibility as paper-based notarizations, it is
33	imperative that appropriate, substantive, secure, and uniform
34	standards and procedures be adopted, and
35	WHEREAS, the absence of uniform standards represents a
36	hindrance to the adoption of technologically available
37	electronic notarization systems, NOW, THEREFORE,
38
39	Be It Enacted by the Legislature of the State of Florida:
40
41	Section 1.  Section 117.021, Florida Statutes, is created
42	to read:
43	117.021  Electronic notarization.--
44	(1)  Any document requiring notarization may be notarized
45	electronically. The provisions of ss. 117.01, 117.03, 117.04,
46	117.05(1)-(11), (13), and (14), 117.105, and 117.107 apply to
47	all notarizations under this section.
48	(2)  In performing an electronic notarial act, a notary
49	public shall use an electronic signature that is:
50	(a)  Unique to the notary public;
51	(b)  Capable of independent verification;
52	(c)  Retained under the notary public's sole control; and
53	(d)  Attached to or logically associated with the
54	electronic document in a manner that any subsequent alteration
55	to the electronic document displays evidence of the alteration.
56	(3)  When a signature is required to be accompanied by a
57	notary public seal, the requirement is satisfied when the
58	electronic signature of the notary public contains all of the
59	following seal information:
60	(a)  The full name of the notary public exactly as provided
61	on the notary public's application for commission;
62	(b)  The words "Notary Public State of Florida";
63	(c)  The date of expiration of the commission of the notary
64	public; and
65	(d)  The notary public's commission number.
66	(4)  Failure of a notary public to comply with any of the
67	requirements of this section may constitute grounds for
68	suspension of the notary public's commission by the Executive
69	Office of the Governor.
70	(5)  The Department of State may adopt rules to ensure the
71	security, reliability, and uniformity of signatures and seals
72	authorized in this section.
73	Section 2.  This act shall take effect January 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.