Senate Bill sb1312c1

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    Florida Senate - 2006                           CS for SB 1312

    By the Committee on Governmental Oversight and Productivity;
    and Senator Fasano




    585-2354-06

  1                      A bill to be entitled

  2         An act relating to notaries public; amending s.

  3         117.05, F.S.; requiring that specified notaries

  4         public provide services without charge to a

  5         military veteran or a firefighter or law

  6         enforcement officer who is applying for certain

  7         benefits; creating s. 117.071, F.S.; requiring

  8         that a notary public record each notarial act

  9         in a journal; providing an exception;

10         specifying the information to be recorded;

11         requiring that a journal be retained for a

12         specified period; requiring that a notary

13         public notify the Executive Office of the

14         Governor if the journal is stolen, lost, or

15         destroyed; providing that failure to comply

16         with the requirements for keeping a journal

17         constitutes grounds for suspension or

18         nonrenewal of a notary public's commission;

19         amending s. 117.10, F.S.; exempting certain law

20         enforcement officers from s. 117.071, F.S.;

21         providing an effective date.

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

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

26  Statutes, is amended to read:

27         117.05  Use of notary commission; unlawful use; notary

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

29  advertising; photocopies; penalties.--

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

31  for any one notarial act, as indicated by the affixing of the

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    Florida Senate - 2006                           CS for SB 1312
    585-2354-06




 1  notary's seal to a document accompanied by a written

 2  certificate or jurat, except as provided in s. 117.045.

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

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

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

 6  provided the notarial act is in accordance with the provisions

 7  of this chapter.

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

 9  United States military or for a firefighter or law enforcement

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

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

12  resulting from public service. This subparagraph does not

13  apply unless the notary public who performs the notarial act

14  is an employee of a state agency and is performing notarial

15  acts as part of the assigned duties of that employee.

16         Section 2.  Section 117.071, Florida Statutes, is

17  created to read:

18         117.071  Use of journal for notarial acts.--

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

20  public in a sequential paper journal or a journal maintained

21  in a computer or other electronic storage device in accordance

22  with this chapter. A notary who is an attorney licensed in

23  this state or is employed by an attorney licensed to practice

24  in this state is exempt from this requirement.

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

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

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

28         2.  The type of notarial act.

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

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

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

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    Florida Senate - 2006                           CS for SB 1312
    585-2354-06




 1         6.  The specific type of identification presented by

 2  the signer.

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

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

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

 6  misplaced, destroyed, or rendered unusable within the period

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

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

 9  circumstances of the incident.

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

11  section constitutes grounds for suspension or nonrenewal of

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

13  the Governor.

14         Section 3.  Section 117.10, Florida Statutes, is

15  amended to read:

16         117.10  Law enforcement and correctional officers.--Law

17  enforcement officers, correctional officers, and correctional

18  probation officers, as defined in s. 943.10, and traffic

19  accident investigation officers and traffic infraction

20  enforcement officers, as described in s. 316.640, are

21  authorized to administer oaths when engaged in the performance

22  of official duties. Sections 117.01, 117.04, 117.045, 117.05,

23  117.071, and 117.103 do not apply to the provisions of this

24  section.  An officer may not notarize his or her own

25  signature.

26         Section 4.  This act shall take effect January 1, 2007.

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    Florida Senate - 2006                           CS for SB 1312
    585-2354-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1312

 3                                 

 4  Provides that the free notarization available to veterans,
    firefighters, and law enforcement officers is only available
 5  from a notary employed by a state agency performing the
    notarial act as part of their assigned duties.
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    Provides that the notarial act is indicated by the affixing of
 7  the notary's seal accompanied by a written certificate or
    jurat.
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    Provides that the journal may be kept in electronic form.
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    Provides that notaries licensed in Florida and their notary
10  employees are exempt from the journal requirement.

11  Provides that certain law enforcement officers are exempt from
    the journal requirements.
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