Electronic Signature Act of 1996
 
 
1996 Legislature SB 942
 
 An act relating to electronic signatures;
 creating the "Electronic Signature Act of
 1996"; providing legislative intent; amending
 s. 1.01, F.S.; revising a definition; providing
 definitions; authorizing electronic signatures
 for certain purposes; authorizing the Secretary
 of State to be a certification authority for
 certain purposes; authorizing the Secretary of
 State to impose a fee for certain expenses;
 requiring each agency head to adopt and
 implement certain control processes and
 procedures for certain purposes; requiring the
 Secretary of State to conduct a study and
 report to the Legislature; providing an
 effective date.
 
Be It Enacted by the Legislature of the State of Florida:
 
 Section 1. This act may be cited as the "Electronic
Signature Act of 1996."
 
 Section 2. Legislative intent.--It is the intent of
the Legislature that this act:
 (1) Facilitate economic development and efficient
delivery of government services by means of reliable
electronic messages.
 (2) Enhance public confidence in the use of electronic
signatures.
 (3) Minimize the incidence of forged electronic
signatures and fraud in electronic commerce.
 (4) Foster the development of electronic commerce
through the use of electronic signatures to lend authenticity
and integrity to writings in any electronic medium.
 (5) Assure that proper management oversight and
accountability are maintained for agency-conducted electronic
commerce.
 
 Section 3. Subsection (4) of section 1.01, Florida
Statutes, is amended to read:
 1.01 Definitions.--In construing these statutes and
each and every word, phrase, or part hereof, where the context
will permit:
 (4) The word "writing" includes handwriting, printing,
typewriting and all other methods and means of forming letters
and characters upon paper, stone, wood, or other materials.
The word "writing" also includes information which is
created or stored in any electronic medium and is retrievable
in perceivable form.
 
 Section 4. Definitions.--As used in this act:
 (1) "Certificate" means a computer-based record which:
 (a) Identifies the certification authority.
 (b) Identifies the subscriber.
 (c) Contains the subscriber's public key.
 (d) Is digitally signed by the certification
authority.
 (2) "Certification authority" means a person who
issues a certificate.
 (3) "Digital signature" means a type of electronic
signature that transforms a message using an asymmetric
cryptosystem such that a person having the initial message and
the signer's public key can accurately determine:
 (a) Whether the transformation was created using the
private key that corresponds to the signer's public key.
 (b) Whether the initial message has been altered since
the transformation was made.
A "key pair" is a private key and its corresponding public key
in an asymmetric cryptosystem, under which the public key
verifies a digital signature the private key creates. An
"asymmetric cryptosystem" is an algorithm or series of
algorithms which provide a secure key pair.
 (4) "Electronic signature" means any letters,
characters, or symbols, manifested by electronic or similar
means, executed or adopted by a party with an intent to
authenticate a writing.  A writing is electronically signed if
an electronic signature is logically associated with such
writing.
 
 Section 5. Unless otherwise provided by law, an
electronic signature may be used to sign a writing and shall
have the same force and effect as a written signature.
 
 Section 6. The Secretary of State shall have the
authority to issue certificates for the purpose of verifying
digital signatures, and to take other actions as necessary to
achieve the purposes of this act, including the suspension or
revocation of certificates issued by the Secretary of State.
The Secretary of State may impose a reasonable fee to cover
the expenses associated with administering this section and
shall adopt rules necessary to implement this section.
Nothing in this section shall be construed to compel any
public or private entity to participate in the Secretary of
State's certification program, as authorized in this section,
in order to verify digital signatures.
 
 Section 7. The head of each agency shall be
responsible for adopting and implementing control processes
and procedures to ensure adequate integrity, security,
confidentiality, and auditability of business transactions
conducted using electronic commerce.
 
 Section 8. The Secretary of State shall study the
issues related to expanding the use of digital signatures for
electronic commerce purposes and shall report findings and
recommendations from such study to the Joint Legislative
Committee on Information Technology Resources by December 1,
1996. The report shall address the following issues to assist
the Legislature in determining whether or not it is in the
public interest for the Secretary of State to:
 (1) License, certify, or register certification
authorities doing business in this state.
 (2) Develop requirements for certification authorities
to be licensed, certified, or registered in this state.
 (3) Maintain a publicly accessible database containing
a certification authority disclosure record for each licensed,
certified, or registered certification authority.
The report shall also address any other issues related to
digital signatures which should be considered by the
Legislature and shall recommend whether additional legislation
on digital signatures is necessary to further electronic
commerce in this state.
 
 Section 9. This act shall take effect upon becoming a
law.