FL House Bill 1305

Legislation

State: Florida
Signed: June 28, 2007

Effective: January 01, 2008
Chapter: 2007-257

Summary

House Bill 1305 enacts electronic notarization provisions.

Affects

Creates Section 117.021 of the Florida Statutes.

Changes

Permits any document requiring notarization to be notarized electronically. (Note: electronic copy certifications are not allowed.)
Applies existing standards and prohibitions for performing paper notarizations to electronic notarizations.
Requires Notaries to use an electronic signature that is: (a) Unique to the Notary; (b) Capable of independent verification; (c) Retained under the Notary’s sole control; and (d) Attached to or logically associated with the electronic document in a manner that produces evidence of alteration to the electronic document.
Provides that an electronic notarization is legal without an official seal if the Notary’s electronic signature contains: (a) The Notary’s name as it appears on the commission; (b) The words “Notary Public State of Florida”; (c) The Notary’s commission expiration date; and (d) The Notary’s commission number.
Authorizes the Department of State to adopt rules to ensure the security, reliability and uniformity of electronic signatures and seals.

Analysis

Florida enacts the first electronic notarization statute written to conform to the national standards for electronic notarization published by the National Association of Secretaries of State. House Bill 1305 was enacted to ensure that electronic notarizations enjoy the same level of credibility and trust as paper notarizations. Florida was among the first states to pass an electronic notarization law in the mid-1990’s, but it was judged to be ahead of its time and was subsequently repealed a year later. The NNA’s Electronic Notary Seal meets the requirements in the law for a Notary’s electronic signature (see point #3).

Read House Bill 1305.