Senate Bill sb1312

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    Florida Senate - 2006                                  SB 1312

    By Senator Fasano





    11-930A-06

  1                      A bill to be entitled

  2         An act relating to notaries public; amending s.

  3         117.05, F.S.; authorizing a notary public to

  4         charge a fee for each signature notarized;

  5         requiring that a notary public provide services

  6         without charge to a military veteran or a

  7         firefighter or law enforcement officer who is

  8         applying for certain benefits; creating s.

  9         117.071, F.S.; requiring that a notary public

10         record each notarial act in a journal;

11         specifying the information to be recorded;

12         requiring that a journal be retained for a

13         specified period; requiring that a notary

14         public notify the Executive Office of the

15         Governor if the journal is stolen, lost, or

16         destroyed; providing that failure to comply

17         with the requirements for keeping a journal

18         constitutes grounds for suspension or

19         nonrenewal of a notary public's commission;

20         providing an effective date.

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

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

25  Statutes, is amended to read:

26         117.05  Use of notary commission; unlawful use; notary

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

28  advertising; photocopies; penalties.--

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

30  per signature notarized for any one notarial act, except as

31  provided in s. 117.045.

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    Florida Senate - 2006                                  SB 1312
    11-930A-06




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

 2         1.  Witnessing an absentee ballot in an election, and

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

 4  provided the notarial act is in accordance with the provisions

 5  of this chapter.

 6         2.  Any notarial act performed for a veteran of the

 7  United States military or for a firefighter or law enforcement

 8  officer who is applying for a pension, an allotment, an

 9  allowance, compensation, an insurance policy, or other benefit

10  resulting from public service.

11         Section 2.  Section 117.071, Florida Statutes, is

12  created to read:

13         117.071  Use of journal for notarial acts.--

14         (1)  A notary public shall record sequentially each

15  notarial act in a journal as provided in this section.

16         (a)  For each notarial act, the notary public shall

17  record in the journal at the time of the notarization:

18         1.  The date and time of the notarial act.

19         2.  The type of notarial act.

20         3.  The title or name of the document or transaction.

21         4.  The signer's printed name and signature.

22         5.  The signer's complete address and telephone number.

23         6.  The specific type of identification presented by

24  the signer.

25         (b)  The notary public must retain the journal for at

26  least 5 years following the date of the last entry.

27         (c)  If the journal of a notary public is stolen, lost,

28  misplaced, destroyed, or rendered unusable within the period

29  specified in paragraph (b), the notary public must immediately

30  notify the Executive Office of the Governor in writing of the

31  circumstances of the incident.

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    Florida Senate - 2006                                  SB 1312
    11-930A-06




 1         (2)  Failure of a notary public to comply with this

 2  section constitutes grounds for suspension or nonrenewal of

 3  the commission of the notary public by the Executive Office of

 4  the Governor.

 5         Section 3.  This act shall take effect January 1, 2007.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Provides for a notary public to charge a fee for each
      signature notarized. Requires a notary public to provide
10    services free of charge to a military veteran or
      firefighter or law enforcement officer who is applying
11    for certain benefits. Requires that a notary public
      record each notarial act in a journal that is retained
12    for 5 years. Requires that a notary public notify the
      Executive Office of the Governor if the journal is
13    stolen, lost, or destroyed. Provides that failure to
      comply with the requirements for keeping a journal
14    constitutes grounds for suspending or not renewing a
      notary public's commission.
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