House Bill hb0929

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    Florida House of Representatives - 2002                 HB 929

        By Representative Kendrick






  1                      A bill to be entitled

  2         An act relating to notaries public; amending s.

  3         117.01, F.S.; prohibiting notaries from

  4         charging fees in excess of those which are

  5         reasonable under the circumstances; providing

  6         an increased bond requirement to be applied

  7         under certain circumstances; amending s.

  8         117.05, F.S.; providing for the inclusion of

  9         certain factors in determining a reasonable fee

10         for services; providing requirements with

11         respect to electronic notarizations; creating

12         s. 117.055, F.S.; requiring the use of a

13         journal for documentation of notarial acts;

14         amending s. 117.107, F.S.; providing that a

15         notary public may not perform any notarial act

16         for which any fee is charged without recording

17         the act in a journal; providing an effective

18         date.

19

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

21

22         Section 1.  Paragraph (i) of subsection (4) and

23  paragraphs (a) and (b) of subsection (7) of section 117.01,

24  Florida Statutes, are amended to read:

25         117.01  Appointment, application, suspension,

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

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

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

29  Constitution. Grounds constituting malfeasance, misfeasance,

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

31  following:

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    Florida House of Representatives - 2002                 HB 929

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  1         (i)  Charging fees in excess of those which are

  2  reasonable under the circumstances fees authorized by this

  3  chapter.

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

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

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

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

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

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

10  she will honestly, diligently, and faithfully discharge the

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

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

13  company for hire duly authorized to transact business in this

14  state.

15         (b)  Any notary public whose term of appointment

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

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

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

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

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

21  reappointment on or after January 1, 2002.

22         Section 2.  Paragraph (a) of subsection (2), paragraph

23  (a) of subsection (3), and paragraph (i) of subsection (4) of

24  section 117.05, Florida Statutes, are amended to read:

25         117.05  Use of notary commission; unlawful use; notary

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

27  advertising; photocopies; penalties.--

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

29  a reasonable fee under the circumstances, including, but not

30  limited to, travel distance and time, mode of transportation,

31

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    Florida House of Representatives - 2002                 HB 929

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  1  and other expenses $10 for any one notarial act, except as

  2  provided in s. 117.045.

  3         (3)(a)  Except as provided in paragraph (4)(i), a

  4  notary public seal shall be affixed to all notarized paper

  5  documents and shall be of the rubber stamp type and shall

  6  include the words "Notary Public-State of Florida." The seal

  7  shall also include the name of the notary public, the date of

  8  expiration of the commission of the notary public, and the

  9  commission number. The rubber stamp seal must be affixed to

10  the notarized paper document in photographically reproducible

11  black ink. Every notary public shall print, type, or stamp

12  below his or her signature on a paper document his or her name

13  exactly as commissioned. An impression-type seal may be used

14  in addition to the rubber stamp seal, but the rubber stamp

15  seal shall be the official seal for use on a paper document,

16  and the impression-type seal may not be substituted therefor.

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

18  complete a jurat or notarial certificate in substantially the

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

20  certificate of acknowledgment shall contain the following

21  elements:

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

23  either side of the notary's signature. In the case of

24  electronic notarizations pursuant to s. 668.50(11)(a), a

25  notary public shall include his or her name as commissioned,

26  commission number, date commission expires, and the words

27  "Notary Public - State of Florida."

28         Section 3.  Section 117.055, Florida Statutes, is

29  created to read:

30         117.055  Use of journal for notarial acts.--Each and

31  every notarial act for which any fee is charged shall be

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    Florida House of Representatives - 2002                 HB 929

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  1  recorded by the notary performing the act in a written journal

  2  maintained for that purpose. Each journal shall be available

  3  for inspection by any party for whom a notarial act was

  4  performed, or the party's authorized representative, for a

  5  period of no less than 5 years after the date the act was

  6  performed.

  7         Section 4.  Subsection (13) is added to section

  8  117.107, Florida Statutes, to read:

  9         117.107  Prohibited acts.--

10         (13)  A notary public may not perform any notarial act

11  for which any fee is charged without immediately thereafter

12  entering such act in the notary's journal as required in s.

13  117.055.

14         Section 5.  This act shall take effect upon becoming a

15  law.

16

17            *****************************************

18                          HOUSE SUMMARY

19
      Revises provisions of law governing notaries public.
20    Prohibits notaries from charging fees in excess of those
      which are reasonable under the circumstances. Provides
21    that a requirement for a bond of $10,000 shall apply with
      respect to any notary whose term of appointment or
22    reappointment occurs on or after January 1, 2002.
      Provides for the inclusion of certain factors in
23    determining a reasonable fee for services. Provides
      requirements with respect to electronic notarizations.
24    Requires the use of a journal with respect to notarial
      acts for which a fee is charged. See bill for details.
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