| 1 | A bill to be entitled |
| 2 | An act relating to notaries public; amending s. 117.05, |
| 3 | F.S.; requiring notaries public to provide services |
| 4 | without charge for certain persons; creating s. 117.055, |
| 5 | F.S.; requiring notaries public to maintain a journal and |
| 6 | record notarial acts; providing requirements for journal |
| 7 | entries; providing that failure to comply with said |
| 8 | requirements may result in sanctions against the notary |
| 9 | public, but shall not invalidate the notarial act; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (2) of section 117.05, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 117.05 Use of notary commission; unlawful use; notary fee; |
| 17 | seal; duties; employer liability; name change; advertising; |
| 18 | photocopies; penalties.-- |
| 19 | (2)(a) The fee of a notary public may not exceed $10 per |
| 20 | person for any one notarial act, except as provided in s. |
| 21 | 117.045. |
| 22 | (b) A notary public may not charge a fee: |
| 23 | 1. For witnessing an absentee ballot in an election, and |
| 24 | must witness such a ballot upon the request of an elector, |
| 25 | provided the notarial act is in accordance with the provisions |
| 26 | of this chapter. |
| 27 | 2. For any notarial act performed for a United States |
| 28 | military veteran or a firefighter, police officer, or sheriff's |
| 29 | deputy applying for a pension, allotment, allowance, |
| 30 | compensation, insurance policy, or other benefit resulting from |
| 31 | public service. |
| 32 | Section 2. Section 117.055, Florida Statutes, is created |
| 33 | to read: |
| 34 | 117.055 Use of journal for notarial acts.-- |
| 35 | (1) Each notarial act shall be recorded by the notary |
| 36 | public sequentially in either a permanently bound book with |
| 37 | numbered pages or in electronic form. This journal of notarial |
| 38 | acts shall be kept by the notary public or the notary's estate |
| 39 | for at least 5 years after the date of the last entry. |
| 40 | (2) For each notarial act, the notary public shall record |
| 41 | in the journal at the time of notarization: |
| 42 | (a) The date, time, and type of notarial act. |
| 43 | (b) The date and type, title, or description of the |
| 44 | document or proceeding. |
| 45 | (c) The signature of the signer or principal. |
| 46 | (d) A description of the evidence of identity of the |
| 47 | signer or principal, provided that no social security number; |
| 48 | serial number from a state driver's license; Florida |
| 49 | identification card issued pursuant to s. 322.051; military or |
| 50 | other identification document issued by a United States |
| 51 | Government agency; passport; identification document issued by a |
| 52 | foreign government agency; commercial credit or debit card; or |
| 53 | other valid identification is recorded. |
| 54 | (e) The fee charged, if any. |
| 55 | (3) Failure of a notary public to comply with the |
| 56 | requirements of this section shall subject the notary public to |
| 57 | appropriate sanctions but shall not affect the validity of any |
| 58 | acknowledgment, jurat, or other notarial act. |
| 59 | Section 3. This act shall take effect January 1, 2006. |