FL House Bill 1305 | NNA
Law

FL House Bill 1305

Notary Law Update: FL House Bill 1305

State: Florida

Summary:

House Bill 1305 enacts electronic notarization provisions.

Signed:  June 28, 2007

Effective:  January 01, 2008

Chapter: 2007-257

Affects:

Creates a new Section 117.021 of the Florida Statutes

Changes:
  1. Permits any document requiring notarization to be notarized electronically. (Note: electronic copy certifications are not allowed.)
  2. Applies existing standards and prohibitions for performing paper notarizations to electronic notarizations.
  3. 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.
  4. 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.
  5. 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pass an electronic notarization law in the mid-1990’s, but it was judged to be ahead of its time and was subsequently repealed a year later.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 the bill text.

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