(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.

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    (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 800-63-2 (NIST800-63-2), Electronic Authentication Guideline Version 1.0.2., effective 8-2013, available at NIST’s website www.csrc.nist.gov which is incorporated by reference at: https://www.flrules.org/Gateway/reference.asp?No=Ref-07017, and may be accessed at the following URL: http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP800-63-2.pdf.
Rulemaking Authority Florida Statutes § 117.021(5). Law Implemented Florida Statutes § 117.021. History-New 1-26-10, Amended 6-27-16.