Remote Online Notarization, Registration, Use of Electronic Record and Signature, Standards for Online Notary Service Providers  

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    DEPARTMENT OF STATE

    Division of Corporations

    RULE NOS.:RULE TITLES:

    1N-7.001Remote Online Notarization

    1N-7.002Registration

    1N-7.003Use of Electronic Record and Signature

    1N-7.004Standards for Online Notary Service Providers

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 230, November 26, 2019 issue of the Florida Administrative Register.

    1N-7.001 Definitions

    (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 Applicant” means any person registering applying as for an online public notary pursuant to 117.225, F.S.

    (b) through (j) No change.

    Rulemaking Authority 117.295, FS. Law Implemented 117.295 FS. History–New 1-20.

     

    1N-7.002 Registration

    (1) An registrant applicant shall submit form DOC 1N-7 (hyperlink), effective XXXX, herein incorporated by reference.  

    (2) The registrant applicant shall:

    (a) Submit a payment registration fee of $10 by check payable to the Florida Department of State, with

    their registration application; and

    (b) Have the application form notarized; and

    (b)(c) Submit the application by:

    1. U.S. mail to PO 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, FL   

    32303.

    (3) An applicant’s registration is effective upon filing by with the Department and expires on the date of expiration, termination, or resignation of the applicant’s:

    (a) through (c) No change.

    (4) No change.

    Rulemaking Authority 117.295, FS. Law Implemented 117.225 FS. History–New 1-20.

     

    1N-7.003 Use of Electronic Journal Record, Signature, and Seal

    (1) The online notary public’s electronic journal record, 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 record, electronic signature, or electronic seal.

    (2) 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.

    Rulemaking Authority 117.295, FS. Law Implemented 117.295 FS. History–New 1-20.

     

    1N-7.004 Standards for Online Notary Service Providers

    (1) Online notaries public notary publics shall utilize remote online notary service providers to facilitate their performance of online notarization.

    (2) The remote online service provider utilized by the online notaries public notary publics shall comply with the standards and requirements pursuant to section 117.295, F.S., and utilize tamper-evident technologies.

    (3) Online notary publics must select tamper-evident technology to perform notarial acts with respect to electronic documents.

    Rulemaking Authority 117.295, FS. Law Implemented 117.295 FS. History–New 1-20.

Document Information

Related Rules: (4)
1N-7.001.
1N-7.002.
1N-7.003.
1N-7.004.