Florida Regulations 1N-5.001: Definitions
Current as of: 2024 | Check for updates
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(1) “”Capable of independent verification”” means any interested person may reasonably determine the notary’s identity, the notary’s relevant authority and that the electronic signature is the act of the particular notary identified by the signature.
(2) “”Electronic document”” means information that is created, generated, sent, communicated, received, or stored by electronic means.
(3) “”Electronic notarization”” and “”electronic notarial act”” means an official act authorized under Florida Statutes § 117.021(1), using electronic documents and electronic signatures.
(4) “”Electronic Notary System”” means a set of applications, programs, hardware, software, or technology designed to enable a notary to perform electronic notarizations.
(5) “”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.
(6) “”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.
(7) “”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.
(8) “”Retained under the 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.
(9) “”Public key certificate”” means a computer-based record that:
(a) Identifies the certification authority issuing it;
(b) Names or identifies its subscriber;
(c) Contains the subscriber’s public key; and
(d) Is digitally signed by the certification authority issuing it.
Rulemaking Authority Florida Statutes § 117.021(5). Law Implemented Florida Statutes § 117.021. History-New 1-26-10.
(3) “”Electronic notarization”” and “”electronic notarial act”” means an official act authorized under Florida Statutes § 117.021(1), using electronic documents and electronic signatures.
(4) “”Electronic Notary System”” means a set of applications, programs, hardware, software, or technology designed to enable a notary to perform electronic notarizations.
(5) “”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.
(6) “”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.
(7) “”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.
(8) “”Retained under the 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.
(9) “”Public key certificate”” means a computer-based record that:
(a) Identifies the certification authority issuing it;
(b) Names or identifies its subscriber;
(c) Contains the subscriber’s public key; and
(d) Is digitally signed by the certification authority issuing it.
Rulemaking Authority Florida Statutes § 117.021(5). Law Implemented Florida Statutes § 117.021. History-New 1-26-10.