HB 0567CS

CHAMBER ACTION




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


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