Florida Senate - 2014                                     SB 172
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00024-14                                            2014172__
    1                        A bill to be entitled                      
    2         An act relating to notaries public; creating s.
    3         117.055, F.S.; requiring a notary public to record
    4         certain information about each notarial act in a
    5         journal; requiring that a notary public retain a
    6         notarial journal for a specified period; requiring a
    7         notary public to notify the Department of State if a
    8         notarial journal is lost or destroyed during the
    9         retention period; providing that failure to comply
   10         with the notarial journal requirement constitutes
   11         grounds for suspension, nonrenewal, or denial of a
   12         notary public commission; authorizing the department
   13         to adopt rules and forms; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 117.055, Florida Statutes, is created to
   18  read:
   19         117.055 Required use of notarial journal.—
   20         (1) A notary public shall record the following information
   21  regarding each notarial act in a sequential paper or electronic
   22  journal at the time of such act:
   23         (a) The date and time of the notarial act.
   24         (b) The type of notarial act.
   25         (c) The type, title, name, or description of the document,
   26  proceeding, or transaction requiring the notarial act.
   27         (d) The signer’s printed name and signature.
   28         (e) The signer’s complete address.
   29         (f) An indication that the signer is personally known to
   30  the notary public or that the signer presented a specific form
   31  of identification pursuant to s. 117.05(5)(b)2. The notary must
   32  record the type, unique identification number, and expiration
   33  date of any identification presented.
   34         (2) A notary public must retain a notarial journal for at
   35  least 5 years following the date of the last entry in the
   36  notarial journal. If a notarial journal is lost, stolen,
   37  misplaced, destroyed, or rendered unusable during the retention
   38  period, the notary public must immediately notify the Department
   39  of State in writing of the circumstances of the incident.
   40         (3) Failure of a notary public to comply with this section
   41  constitutes grounds for suspension or nonrenewal of the
   42  commission of the notary public and grounds for the denial of
   43  any subsequent commission by the Executive Office of the
   44  Governor.
   45         (4) The Department of State may adopt rules and forms to
   46  administer this section.
   47         Section 2. This act shall take effect July 1, 2014.