Florida Statutes 117.255 – Use of electronic journal, signature, and seal
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(1) An online notary public shall:
(a) Take reasonable steps to ensure that any registered device used to create an electronic seal is current and has not been revoked or terminated by the issuing or registering authority of the device.
Terms Used In Florida Statutes 117.255
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Online notarization: means the performance of a notarial act using electronic means in which the principal or any witness appears before the notary public by means of audio-video communication technology. See Florida Statutes 117.201
- Online notary public: means a notary public commissioned under part I of this chapter, a civil-law notary appointed under chapter 118, or a commissioner of deeds appointed under part IV of chapter 721, who has registered with the Department of State to perform online notarizations under this part. See Florida Statutes 117.201
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form, including public records as defined in…. See Florida Statutes 117.201
- RON service provider: means a person that provides audio-video communication technology and related processes, services, software, data storage, or other services to online notaries public for the purpose of directly facilitating their performance of online notarizations, in compliance with the requirements of this chapter and any rules adopted by the Department of State pursuant to…. See Florida Statutes 117.201
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Subpoena: A command to a witness to appear and give testimony.
(b) Keep the electronic journal and electronic seal secure and under his or her sole control, which includes access protection using passwords or codes under control of the online notary public. The online notary public may not allow another person to use the online notary public’s electronic journal, electronic signature, or electronic seal, other than a RON service provider or other authorized person providing services to an online notary public to facilitate performance of online notarizations.
(c) Attach or logically associate the electronic signature and seal to the electronic notarial certificate of an electronic record in a manner that is capable of independent verification using tamper-evident technology that renders any subsequent change or modification to the electronic record evident.
(d) Notify an appropriate law enforcement agency and the Department of State of any unauthorized use of or compromise to the security of the electronic journal, official electronic signature, or electronic seal within 7 days after discovery of such unauthorized use or compromise to security.
(2) An online notary public shall provide electronic copies of pertinent entries in the electronic journal, and a RON service provider shall provide access to the related audio-video communication recordings, or a copy thereof, to the following persons upon request:
(a) The parties to an electronic record notarized by the online notary public;
(b) The qualified custodian of an electronic will notarized by the online notary public;
(c) The title agent, settlement agent, or title insurer who insured the electronic record or engaged the online notary public with regard to a real estate transaction;
(d) Any person who is asked to accept a power of attorney that was notarized by the online notary public;
(e) The Department of State pursuant to a notary misconduct investigation;
(f) Any other persons pursuant to a subpoena, court order, law enforcement investigation, or other lawful inspection demand;
(g) With respect to audio-video communication recordings of an online notarization, the online notary public performing that notarization; and
(h) With respect to electronic copies of pertinent entries in the electronic journal, the RON service provider used for the online notarizations associated with those entries.
(3) The online notary public may charge a fee not to exceed $20 per transaction record for making and delivering electronic copies of a given series of related electronic records, and a RON service provider may charge a fee not to exceed $20 for providing access to, or a copy of, the related audio-video communication records, except such copies or access must be provided without charge if requested by any of the following within the 10-year period specified in s. 117.245(4):
(a) A party to the electronic record;
(b) In a real estate transaction, the title agent, settlement agent, or title insurer who insured the electronic record or engaged the online notary public with regard to such transaction;
(c) The Department of State pursuant to an investigation relating to the official misconduct of an online notary public;
(d) The qualified custodian of an electronic will notarized by the online notary public;
(e) With respect to audio-video communication recordings of an online notarization, the online notary public performing that notarization; or
(f) With respect to electronic copies of a given series of related electronic records, the RON service provider used for the online notarization of those records.
If the online notary public or RON service provider charges a fee, the online notary public or RON service provider must disclose the amount of such fee to the requester before making the electronic copies or providing access to, or making a copy of, the requested audio-video communication recordings.