This amendment will incorporate by reference the updated U.S. National Institute of Standards and Technology (NIST) Special Publication, which defines the level of assurance required for any public key certificate or electronic notary that is used ...

 

DEPARTMENT OF STATE

Division of Corporations

RULE NO.: RULE TITLE:

1N-5.002 Notary’s Electronic Signature

PURPOSE AND EFFECT: This amendment will incorporate by reference the updated U.S. National Institute of Standards and Technology (NIST) Special Publication, which defines the level of assurance required for any public key certificate or electronic notary that is used to affix the Notary's electronic signature or seal information.

SUMMARY: Update the incorporated material that establishes the defining level of assurance used to affix Notary's electronic signature or seal.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Upon completion of SERC checklist, it was determined that the proposed amendment will not have a direct or indirect adverse impact on small businesses.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 117.021(5) FS.

LAW IMPLEMENTED: 117.021 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Carlos A. Rey, Florida Department of State, 500 S. Bronough St., Tallahassee, FL 32399, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

1N-5.002 Notary’s Electronic Signature.

(1) In performing an electronic notarial act, a notary shall execute an electronic signature in a manner that attributes such signature to the notary public identified on the official commission.

(2) A notary shall take reasonable steps to ensure the security, reliability and uniformity of electronic notarizations, including, but not limited to, the use of an authentication procedure such as a password, token, card or biometric to protect access to the notary’s electronic signature or the means for affixing the signature.

(3) The notary’s electronic signature and seal information may be affixed by means of a public key certificate.

(4) The notary’s electronic signature and seal information may be affixed by means of an electronic notary system.

(5) Any public key certificate or electronic notary system that is used to affix the Notary’s electronic signature and seal information shall be issued at the third or higher level of assurance as defined by the U. S. National Institute of Standards and Technology (NIST) Special Publication 800-63 (NIST800-63), Electronic Authentication Guideline Version 1.0.2., available at NIST’s website www.csrc.nist.gov which is incorporated by reference and may be accessed at the following URL: http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-63-2.pdf http://csrc.nist.gov/publications/nistpubs/800-63/SP800-63V1_0_2.pdf.

Rulemaking Authority 117.021(5) FS. Law Implemented 117.021 FS. History–New 1-26-10, Amended_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Carlos A. Rey

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Detzner

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 28, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 01/01/16