Senate Bill sb0432

    Florida Senate - 2004                                   SB 432

    By Senator Margolis





    35-303-04

  1                      A bill to be entitled

  2         An act relating to notaries public; amending s.

  3         117.05, F.S.; requiring notaries to provide

  4         services without charge for certain persons;

  5         creating s. 117.055, F.S.; requiring notaries

  6         to maintain a journal and record notarial acts;

  7         providing journal requirements; providing an

  8         effective date.

  9  

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

11  

12         Section 1.  Subsection (2) of section 117.05, Florida

13  Statutes, is amended to read:

14         117.05  Use of notary commission; unlawful use; notary

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

16  advertising; photocopies; penalties.--

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

18  for any one notarial act, except as provided in s. 117.045.

19         (b)  A notary public may not charge a fee:

20         1.  For witnessing an absentee ballot in an election,

21  and must witness such a ballot upon the request of an elector,

22  if provided the notarial act is in accordance with the

23  provisions of this chapter; or.

24         2.  For any notarial act performed for a United States

25  military veteran or a firefighter, police officer, or

26  sheriff's deputy applying for a pension, allotment, allowance,

27  compensation, insurance policy, or other benefit resulting

28  from public service.

29         Section 2.  Section 117.055, Florida Statutes, is

30  created to read:

31         117.055  Use of journal for notarial acts.--

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 432
    35-303-04




 1         (1)  Each notarial act shall be recorded by the notary

 2  by a sequential entry in a permanently bound journal with

 3  numbered pages, and shall be kept by the notary for at least 5

 4  years after the date of the last entry. Any person who submits

 5  to the notary a signed, written request stating the month,

 6  year, type of document or proceeding and the name of the

 7  signer or principal for a notarial act may examine the

 8  corresponding entry in the notary's journal.

 9         (2)  For each notarial act, the notary shall record in

10  the journal at the time of notarization:

11         (a)  The date, time, and type of notarial act;

12         (b)  The date, type, title, or description of the

13  document or proceeding;

14         (c)  The signature and thumbprint of the signer or

15  principal;

16         (d)  The name and address of the signer or principal;

17         (e)  A description of the evidence of identity of the

18  signer or principal and, pursuant to s. 117.05(5)(b)2.i., in

19  the case of reliance on an identification card issued by the

20  United States Immigration and Naturalization Service other

21  than an Alien Registration Receipt Card, a description of a

22  student identity card or other documentation of current lawful

23  occupation in the United States; and

24         (f)  The fee charged, if any.

25         Section 3.  This act shall take effect January 1, 2005.

26  

27            *****************************************

28                          SENATE SUMMARY

29    Requires notaries to provide services at no charge to
      military veterans, law enforcement officers, and
30    firefighters for certain services. Requires notaries to
      maintain a journal of services provided.
31  

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CODING: Words stricken are deletions; words underlined are additions.