The Florida Senate

117.20  Electronic notarization.--

(1)  The provisions of ss. 117.01, 117.03, 117.04, 117.05(1)-(11), (13), and (14), 117.105, and 117.107 apply to all notarizations under this section except as set forth in this section.

(2)  An electronic notarization shall include the words "Notary Public - State of Florida," the name of the notary public, exactly as commissioned, the date of expiration of the commission of the notary public, the commission number, and the notary's digital signature. Neither a rubber stamp seal nor an impression-type seal is required for an electronic notarization.

(3)  Any notary public who seeks to perform electronic notarizations and obtains a certificate from any certification authority, as defined in s. 282.72(2), and who is licensed in the state shall request an amended commission from the Secretary of State as set forth in s. 117.05(9). The Secretary of State shall issue an amended commission to the notary public indicating that the notary is a subscriber to the certification authority identified in the notary's request for an amended commission. After requesting an amended commission, the notary public may continue to perform notarial acts, but may not use his or her digital signature in the performance of notarial acts until receipt of the amended commission. Any fees collected from such amended commissions shall be used to fund the Secretary of State's administration of electronic notary commissions.

(4)  If the notary public's private key corresponding to his or her public key has been compromised, the notary public shall immediately notify the Secretary of State in writing of the breach of security and shall request the issuing certification authority to suspend or revoke the certificate.

(5)  A notary public shall keep a sequential journal of all acts performed as a notary public under the provisions of this section.

(a)  The journal must include, at a minimum, for every notarial act, the date and time of the notarial act, the type of notarial act, the type or name of the document, the signer's printed name and signature, the signer's complete address and telephone number, and the specific type of identification presented by the signer, including both its serial number and its expiration date.

(b)  When requested in writing by the Governor's Office or Department of State, the notary public must provide the journal for inspection. The notary public must retain the journal for safekeeping for at least 5 years beyond the date of the last notarial act recorded in the journal.

(c)  If the notary public journal is stolen, lost, misplaced, destroyed, or rendered unusable within the time period specified in paragraph (b), the notary public must immediately notify the Governor's Office or the Department of State in writing of the circumstances of the incident.

(6)  Failure to comply with this section constitutes grounds for suspension from office by the Governor.

History.--s. 2, ch. 97-241; s. 9, ch. 98-246.