| 1 | A bill to be entitled |
| 2 | An act relating to notaries public; amending s. 117.05, |
| 3 | F.S.; requiring notaries public to charge fees per |
| 4 | notarized signature; requiring notaries public to provide |
| 5 | services without charge to certain persons; creating s. |
| 6 | 117.071, F.S.; requiring notaries public to maintain a |
| 7 | journal and to record notarial acts; providing |
| 8 | requirements for journal entries; requiring retention of |
| 9 | the journal for a specified period after the last entry |
| 10 | and requiring certain notice upon failure to do so; |
| 11 | providing that failure to comply with such requirements |
| 12 | may constitute grounds for suspension or nonrenewal of the |
| 13 | notary public commission by the Executive Office of the |
| 14 | Governor; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsection (2) of section 117.05, Florida |
| 19 | Statutes, is amended to read: |
| 20 | 117.05 Use of notary commission; unlawful use; notary fee; |
| 21 | seal; duties; employer liability; name change; advertising; |
| 22 | photocopies; penalties.-- |
| 23 | (2)(a) The fee of a notary public may not exceed $10 per |
| 24 | signature notarized, for any one notarial act, except as |
| 25 | provided in s. 117.045. |
| 26 | (b) A notary public may not charge a fee: |
| 27 | 1. For witnessing an absentee ballot in an election, and |
| 28 | must witness such a ballot upon the request of an elector, |
| 29 | provided the notarial act is in accordance with the provisions |
| 30 | of this chapter. |
| 31 | 2. For any notarial act performed for a United States |
| 32 | military veteran or a firefighter or law enforcement officer |
| 33 | applying for a pension, allotment, allowance, compensation, |
| 34 | insurance policy, or other benefit resulting from public |
| 35 | service. |
| 36 | Section 2. Section 117.071, Florida Statutes, is created |
| 37 | to read: |
| 38 | 117.071 Use of journal for notarial acts.-- |
| 39 | (1) Each notarial act shall be recorded by the notary |
| 40 | public sequentially in a journal in accordance with the |
| 41 | provisions of this chapter. |
| 42 | (a) For each notarial act, the notary public shall record |
| 43 | in the journal at the time of notarization: |
| 44 | 1. The date and time of the notarial act. |
| 45 | 2. The type of notarial act. |
| 46 | 3. The title or name of the document or transaction. |
| 47 | 4. The signer's printed name and signature. |
| 48 | 5. The signer's complete address, telephone number, and |
| 49 | specific type of identification presented by the signer. |
| 50 | (b) The notary public must retain the journal for |
| 51 | safekeeping for at least 5 years after the date of the last |
| 52 | entry. |
| 53 | (c) If the notary public journal is stolen, lost, |
| 54 | misplaced, destroyed, or rendered unusable within the time |
| 55 | period specified in paragraph (b), the notary public must |
| 56 | immediately notify the Executive Office of the Governor or the |
| 57 | Department of State in writing of the circumstances of the |
| 58 | incident. |
| 59 | (2) Failure of a notary public to comply with the |
| 60 | requirements of this section may constitute grounds for |
| 61 | suspension or nonrenewal of the notary public commission by the |
| 62 | Executive Office of the Governor. |
| 63 | Section 3. This act shall take effect January 1, 2007. |