eLaws of Florida

  SECTION 117.021. Electronic notarization.  


Latest version.
  • 1(1) 2Any document requiring notarization may be notarized electronically. The provisions of ss. 14117.01, 15117.03, 16117.04, 17117.05(1)18-(11), (13), and (14), 22117.105, 23and 24117.107 25apply to all notarizations under this section.
    32(2) 33In performing an electronic notarial act, a notary public shall use an electronic signature that is:
    49(a) 50Unique to the notary public;
    55(b) 56Capable of independent verification;
    60(c) 61Retained 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
    86(d) 87Attached to or logically associated with the electronic document in a manner that any subsequent alteration to the electronic document displays evidence of the alteration.
    112(3) 113When 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:
    145(a) 146The full name of the notary public exactly as provided on the notary public’s application for commission;
    163(b) 164The words “Notary Public State of Florida”;
    171(c) 172The date of expiration of the commission of the notary public; and
    184(d) 185The notary public’s commission number.
    190(4) 191A 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.
    224(5) 225Failure 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.
    257(6) 258The Department of State may adopt rules to ensure the security, reliability, and uniformity of signatures and seals authorized in this section.
    280(7) 281The Department of State, in collaboration with the Department of Management Services, 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; s. 21, ch. 2020-2.

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