Senate Bill sb2412

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    Florida Senate - 2002                                  SB 2412

    By Senator Burt





    16-1574-02

  1                      A bill to be entitled

  2         An act relating to notaries public; amending

  3         ss. 117.01, 117.05, F.S.; revising the fees

  4         that may be charged by a notary; increasing

  5         bond requirements; revising certain sealing

  6         requirements for electronic notarization;

  7         creating s. 117.055, F.S.; requiring a journal

  8         of services performed; amending s. 117.107,

  9         F.S.; conforming provisions; providing an

10         effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Subsections (4) and (7) of section 117.01,

15  Florida Statutes, are amended to read:

16         117.01  Appointment, application, suspension,

17  revocation, application fee, bond, and oath.--

18         (4)  The Governor may suspend a notary public for any

19  of the grounds provided in s. 7, Art. IV of the State

20  Constitution. Grounds constituting malfeasance, misfeasance,

21  or neglect of duty include, but are not limited to, the

22  following:

23         (a)  A material false statement on the application.

24         (b)  A complaint found to have merit by the Governor.

25         (c)  Failure to cooperate or respond to an

26  investigation by the Governor's office or the Department of

27  State regarding a complaint.

28         (d)  Official misconduct as defined in s. 839.25.

29         (e)  False or misleading advertising relating to notary

30  public services.

31         (f)  Unauthorized practice of law.

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    Florida Senate - 2002                                  SB 2412
    16-1574-02




  1         (g)  Failure to report a change in business or home

  2  address or telephone number, or failure to submit

  3  documentation to request an amended commission after a lawful

  4  name change, within the specified period of time.

  5         (h)  Commission of fraud, misrepresentation, or any

  6  intentional violation of this chapter.

  7         (i)  Charging fees in excess of those that are

  8  reasonable under the circumstances fees authorized by this

  9  chapter.

10         (j)  Failure to maintain the bond required by this

11  section.

12         (7)(a)  A notary public shall, prior to executing the

13  duties of the office and throughout the term of office, give

14  bond, payable to any individual harmed as a result of a breach

15  of duty by the notary public acting in his or her official

16  capacity, in the amount of $10,000 $7,500, conditioned for the

17  due discharge of the office and shall take an oath that he or

18  she will honestly, diligently, and faithfully discharge the

19  duties of the notary public.  The bond shall be approved and

20  filed with the Department of State and executed by a surety

21  company for hire duly authorized to transact business in this

22  state.

23         (b)  Any notary public whose term of appointment

24  extends beyond January 1, 1999, is required to increase the

25  amount of his or her bond to $7,500 only upon reappointment on

26  or after January 1, 1999. Any notary public whose term of

27  appointment extends beyond January 1, 2002, is required to

28  increase the amount of his or her bond to $10,000 only upon

29  reappointment on or after that date.

30         (c)  Beginning July 1, 1996, surety companies for hire

31  which process notary public applications, oaths, affidavits of

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    Florida Senate - 2002                                  SB 2412
    16-1574-02




  1  character, and bonds for submission to the Department of State

  2  must properly submit these documents in a software and hard

  3  copy format approved by the Department of State.

  4         Section 2.  Subsection (2) and paragraph (i) of

  5  subsection (4) of section 117.05, Florida Statutes, are

  6  amended to read:

  7         117.05  Use of notary commission; unlawful use; notary

  8  fee; seal; duties; employer liability; name change;

  9  advertising; photocopies; penalties.--

10         (2)(a)  The fee of a notary public may not exceed a

11  reasonable fee under the circumstances, considering travel

12  distance and time, mode of transportation, and other expenses

13  $10 for any one notarial act, except as provided in s.

14  117.045.

15         (b)  A notary public may not charge a fee for

16  witnessing an absentee ballot in an election, and must witness

17  such a ballot upon the request of an elector, provided the

18  notarial act is in accordance with the provisions of this

19  chapter.

20         (4)  When notarizing a signature, a notary public shall

21  complete a jurat or notarial certificate in substantially the

22  same form as those found in subsection (13). The jurat or

23  certificate of acknowledgment shall contain the following

24  elements:

25         (i)  The notary's official seal affixed below or to

26  either side of the notary's signature. Notwithstanding

27  paragraph (3)(a), a notary who performs an electronic

28  notarization pursuant to s. 668.50(11)(a) must include only

29  his or her name as commissioned, commission number, date of

30  expiration of the commission, and the words, "Notary Public -

31  State of Florida."

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    Florida Senate - 2002                                  SB 2412
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  1         Section 3.  Section 117.055, Florida Statutes, is

  2  created to read:

  3         117.055  Use of journal for notarial acts.--Each

  4  notarial act for which a fee is charged shall be recorded by

  5  the notary in a written journal maintained for that purpose.

  6  Each journal shall be available for inspection by any person

  7  for whom a notarial act was performed, for at least 5 years

  8  after the date the act was performed.

  9         Section 4.  Subsection (13) is added to section 117.07,

10  Florida Statutes, to read:

11         117.107  Prohibited acts.--

12         (13)  A notary may not perform a notarial act for which

13  a fee is charged, unless each act is immediately entered in

14  the notary's journal pursuant to s. 117.055.

15         Section 5.  This act shall take effect July 1, 2002.

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18                          SENATE SUMMARY

19    Revises fees authorized to be charged by notaries public
      from statutory limits to fees that are reasonable under
20    the circumstances. Revises sealing requirements for
      electronic notarization. Requires notaries to maintain a
21    journal of services performed.

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