1 | The Committee on Commerce recommends the following: |
2 |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to notaries public; amending s. 117.05, |
7 | F.S.; requiring notaries to provide services without |
8 | charge for certain persons; creating s. 117.055, F.S.; |
9 | requiring notaries to maintain a journal and record |
10 | notarial acts; providing journal requirements; providing |
11 | that a failure to comply with such requirements may result |
12 | in sanctions against the notary public but shall not |
13 | invalidate the notarial act; providing an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
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17 | Section 1. Subsection (2) of section 117.05, Florida |
18 | Statutes, is amended to read: |
19 | 117.05 Use of notary commission; unlawful use; notary fee; |
20 | seal; duties; employer liability; name change; advertising; |
21 | photocopies; penalties.-- |
22 | (2)(a) The fee of a notary public may not exceed $10 for |
23 | any one notarial act, except as provided in s. 117.045. |
24 | (b) A notary public may not charge a fee: |
25 | 1. For witnessing an absentee ballot in an election, and |
26 | must witness such a ballot upon the request of an elector if, |
27 | provided the notarial act is in accordance with the provisions |
28 | of this chapter. |
29 | 2. For any notarial act performed for a United States |
30 | military veteran or a firefighter, police officer, or sheriff's |
31 | deputy applying for a pension, allotment, allowance, |
32 | compensation, insurance policy, or other benefit resulting from |
33 | public service. |
34 | Section 2. Section 117.055, Florida Statutes, is created |
35 | to read: |
36 | 117.055 Use of journal for notarial acts.-- |
37 | (1) Each notarial act shall be recorded by the notary by a |
38 | sequential entry in a journal and shall be kept by the notary |
39 | for at least 5 years after the date of the last entry. |
40 | (2) For each notarial act, the notary shall record in the |
41 | journal at the time of notarization: |
42 | (a) The date, time, and type of notarial act. |
43 | (b) The date, type, title, or description of the document |
44 | or proceeding. |
45 | (c) The signature and thumbprint of the signer or |
46 | principal. |
47 | (d) The name and address of the signer or principal. |
48 | (e) A description of the evidence of identity of the |
49 | signer or principal and, pursuant to s. 117.05(5)(b)2.i., in the |
50 | case of reliance on an identification card issued by the United |
51 | States Immigration and Naturalization Service other than an |
52 | alien registration receipt card, a description of a student |
53 | identity card or other documentation of current lawful |
54 | occupation in the United States. |
55 | (f) The fee charged, if any. |
56 | (3) Failure of a notary public to comply with the |
57 | requirements of this section shall subject the notary to |
58 | appropriate sanctions but shall not affect the validity of any |
59 | acknowledgment, jurat, or other notarial act. |
60 | Section 3. This act shall take effect January 1, 2005. |