Current through Reg. 50, No. 187; September 24, 2024
(1) Words and
terms defined in Section
117.201, F.S., shall have the
same meaning in this chapter. For the purpose of this chapter the following
words and terms shall have the following meanings, unless the context clearly
indicates otherwise:
(a) "Registrant" means
any person registering applying as for an online public notary pursuant to
Section 117.225, F.S.
(b) "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.
(c) "Department" means the Florida Department
of State.
(d) "Electronic document"
means information that is created, generated, sent, communicated, received, or
stored by electronic means.
(e)
"Electronic notarization" and "electronic notarial act" means an official act
authorized under Section
117.021(1),
F.S., using electronic documents and electronic signatures.
(f) "Electronic Notary System" means a set of
applications, programs, hardware, software, or technology designed to enable a
notary to perform electronic notarizations.
(g) "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.
(h) "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.
(i) "Retained under the online 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.
(j) "Tamper-evident technology" means
technology that allows a person inspecting a record to determine whether there
has been any tampering with the integrity of a certificate of electronic
notarial act logically associated with a record or with the attachment or
association of the notarial act with that electronic
document.
(2) A
registrant shall submit form DOC 1N-7 (http://www.flrules.org/Gateway/reference.asp?No=Ref-11541),
effective 01/2020 herein incorporated by reference.
(3) The registrant shall:
(a) Submit a payment registration fee of $10
by check payable to the Florida Department of State; and
(b) Submit the application by:
1. U.S. mail to P.O. Box 6327, Tallahassee,
FL 32314;
2. In person delivery;
or
3. Courier service.
4. In person delivery and courier service
will go to 2415 North Monroe St., Suite 810, Tallahassee
32303.
(4) A
registration is effective upon filing by the Florida Department State and
expires on the date of expiration, termination, or resignation of the
registrant's:
(a) Notary Public commission
issued under Section 117.01, F.S.;
(b) Appointment as a civil-law Notary
pursuant to Section 118.10, F.S., and Chapter 1N-5,
F.A.C.; or
(c) Appointment as a
commissioner of deeds pursuant to Section
721.97, F.S.
(5) All qualifications and registration
requirements applicable for an applicant's registration shall apply to a
renewal registration.
(6) The
online notary public's electronic journal, electronic signature, and electronic
seal shall be retained under the online notary public's sole control. The
online notary public may not allow another person to use the online notary
public's electronic journal, electronic signature, or electronic
seal.
(7) An online notary public
shall attach the online notary public's electronic signature and seal to the
electronic notarial certificate of an electronic document in a manner that is
capable of independent verification and renders any subsequent change or
modification to the electronic document evident.
(8) Online notaries public shall utilize
remote online notary service providers to facilitate their performance of
online notarization.
(9) The remote
online service provider utilized by the online notaries public shall comply
with the standards and requirements pursuant to Section
117.295, F.S., and utilize
tamper-evident technologies.
Rulemaking Authority
117.295 FS. Law Implemented
117.225,
117.295
FS.
New 2-16-20.
