(1) Any document requiring notarization may be notarized electronically. 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.
(2) In performing an electronic notarial act, a notary public shall use an electronic signature that is:
(a) Unique to the notary public;
(b) Capable of independent verification;
(c) Retained under the notary public’s sole control and includes access protection through the use of passwords or codes under control of the notary public; and
(d) Attached to or logically associated with the electronic document in a manner that any subsequent alteration to the electronic document displays evidence of the alteration.
(3) When a signature is required to be accompanied by a notary public seal, the requirement is satisfied when the electronic signature of the notary public contains all of the following seal information:
(a) The full name of the notary public exactly as provided on the notary public’s application for commission;
(b) The words “Notary Public State of Florida”;
(c) The date of expiration of the commission of the notary public; and
(d) The notary public’s commission number.
(4) A person may not require a notary public to perform a notarial act with respect to an electronic record with a form of technology that the notary public has not selected to use.
(5) Failure of a notary public to comply with any of the requirements of this section may constitute grounds for suspension of the notary public’s commission by the Executive Office of the Governor.
(6) The Department of State may adopt rules to ensure the security, reliability, and uniformity of signatures and seals authorized in this section.
(7) The Department of State, in collaboration with the 1Agency for State Technology, shall adopt rules establishing standards for tamper-evident technologies that will indicate any alteration or change to an electronic record after completion of an electronic notarial act. All electronic notarizations performed on or after January 1, 2020, must comply with the adopted standards.
History.—s. 1, ch. 2007-257; s. 3, ch. 2019-71.
1Note.—Section 20.61, which created the Agency for State Technology, was repealed by s. 5, ch. 2019-118.
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