1N-5.001: Definitions
1N-5.002: Notary’s Electronic Signature
PURPOSE AND EFFECT: In 2007 the Legislature initiated electronic notarization in Florida by enacting Chapter 2007-257, Laws of Florida. This was codified as Section 117.021, Florida Statutes. Subsection (5) of this section authorizes the Department of State to adopt rules to insure security, reliability, and uniformity of signatures and seals to be utilized in the electronic notarization process. This rule establishes the manner in which a signature and a seal must be electronically affixed and the assurance level of security needed to insure reliability and uniformity. The law and the rule do not assign any regulatory responsibilities on the Department. The rule establishes a mechanism by which a duly commissioned notary public is enabled to notarize documents electronically in a secure, reliable, and uniform manner.
SUMMARY: Provides definitions, security measures and procedures.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 117.021(5) FS.
LAW IMPLEMENTED: 117.021 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least five days before the workshop/meeting by contacting: Jay Kassees, 500 S. Bronough Street, Tallahassee, FL 32399-0250, (850)245-6000. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jay Kassees 500 S. Bronough Street, Tallahassee, FL 32399-0250, (850)245-6000
THE FULL TEXT OF THE PROPOSED RULE IS:
ELECTRONIC NOTARIZATION
1N-5.001 Definitions.
(1) “Capable of independent verification” means any interested person may reasonably determine the notary’s identity, the notary’s relevant authority and that the electronic signature is the act of the particular notary identified by the signature.
(2) “Electronic document” means information that is created, generated, sent, communicated, received, or stored by electronic means.
(3) “Electronic notarization” and “electronic notarial act” means an official act authorized under Section 117.021(1), F.S. using electronic documents and electronic signatures.
(4) “Electronic Notary System” means a set of applications, programs, hardware, software, or technology designed to enable a notary to perform electronic notarizations.
(5) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document or record.
(6) “Attached to or logically associated with” means the notary’s electronic signature is securely bound to the electronic document in such a manner as to make it impracticable to falsify or alter, without detection, either the signature or the document.
(7) “Unique to the notary public” means the notary’s electronic signature is attributable solely to the notary public to the exclusion of all other persons.
(8) “Retained under the notary public’s sole control” means accessible by and attributable solely to the notary to the exclusion of all other persons and entities, either through being in the direct physical custody of the notary or through being secured with one or more biometric, password, token, or other authentication technologies in an electronic notarization system that meets the performance requirements of Sections 117.021(2) and (3), F.S.
(9) “Public key certificate” means a computer-based record that:
(a) Identifies the certification authority issuing it;
(b) Names or identifies its subscriber;
(c) Contains the subscriber’s public key; and
(d) Is digitally signed by the certification authority issuing it.
Rulemaking Authority 117.021(5) FS. Law Implemented 117.021 FS. History–New_________.
1N-5.002 Notary’s Electronic Signature.
(1) In performing an electronic notarial act, a notary shall execute an electronic signature in a manner that attributes such signature to the notary public identified on the official commission.
(2) A notary shall take reasonable steps to ensure the security, reliability and uniformity of electronic notarizations, including, but not limited to, the use of an authentication procedure such as a password, token, card or biometric to protect access to the notary’s electronic signature or the means for affixing the signature.
(3) The notary’s electronic signature and seal information may be affixed by means of a public key certificate.
(4) The notary’s electronic signature and seal information may be affixed by means of an electronic notary system.
(5) Any public key certificate or electronic notary system that is used to affix the Notary’s electronic signature and seal information shall be issued at the third or higher level of assurance as defined by the U. S. National Institute of Standards and Technology Special Publication 800-63 (NIST800-63) which may be accessed at the following URL: http://csrc.nist.gov/publications/nistpubs/800-63/SP800-63V1_0_2.pdf.
Rulemaking Authority 117.021(5) FS. Law Implemented 117.021 FS. History–New________.