HB 0567CS

CHAMBER ACTION




1The Civil Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to notaries public; amending s. 117.05,
7F.S.; authorizing notaries public to charge a fee per
8notarized signature; requiring notaries public to provide
9services without charge to certain persons; creating s.
10117.071, F.S.; requiring notaries public to maintain a
11journal and to record notarial acts; providing an
12exception; providing requirements for journal entries;
13requiring retention of the journal for a specified period
14after the last entry and requiring certain notice upon
15failure to do so; providing that failure to comply with
16such requirements may constitute grounds for suspension or
17nonrenewal of the notary public commission by the
18Executive Office of the Governor; providing an effective
19date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Subsection (2) of section 117.05, Florida
24Statutes, is amended to read:
25     117.05  Use of notary commission; unlawful use; notary fee;
26seal; duties; employer liability; name change; advertising;
27photocopies; penalties.--
28     (2)(a)  The fee of a notary public may not exceed $10 per
29signature notarized for any one notarial act, except as provided
30in s. 117.045.
31     (b)  A notary public may not charge a fee:
32     1.  For witnessing an absentee ballot in an election, and
33must witness such a ballot upon the request of an elector,
34provided the notarial act is in accordance with the provisions
35of this chapter.
36     2.  For any notarial act performed for a United States
37military veteran or a firefighter or law enforcement officer
38applying for a pension, allotment, allowance, compensation,
39insurance policy, or other benefit resulting from public
40service.
41     Section 2.  Section 117.071, Florida Statutes, is created
42to read:
43     117.071  Use of journal for notarial acts.--
44     (1)  Each notarial act shall be recorded by the notary
45public sequentially in a journal in accordance with the
46provisions of this chapter. A notary who is either an attorney
47at law licensed to practice in this state or who is employed by
48an attorney at law licensed to practice in this state is exempt
49from the requirement to keep a journal of notarial acts.
50     (a)  For each notarial act, the notary public shall record
51in the journal at the time of notarization:
52     1.  The date and time of the notarial act.
53     2.  The type of notarial act.
54     3.  The title or name of the document or transaction.
55     4.  The signer's printed name and signature.
56     5.  The signer's complete address, telephone number, and
57specific type of identification presented by the signer.
58     (b)  The notary public must retain the journal for
59safekeeping for at least 5 years after the date of the last
60entry.
61     (c)  If the notary public journal is stolen, lost,
62misplaced, destroyed, or rendered unusable within the time
63period specified in paragraph (b), the notary public must
64immediately notify the Executive Office of the Governor in
65writing of the circumstances of the incident.
66     (2)  Failure of a notary public to comply with the
67requirements of this section may constitute grounds for
68suspension or nonrenewal of the notary public commission by the
69Executive Office of the Governor.
70     Section 3.  This act shall take effect January 1, 2007.


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