Florida Senate - 2014 CS for SB 172 By the Committee on Commerce and Tourism; and Senator Soto 577-02388-14 2014172c1 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 specified information in a notarial journal when 5 performing certain notarial acts; requiring that a 6 notary public retain a notarial journal for a 7 specified period; requiring a notary public to notify 8 the Department of State if the notarial journal is 9 lost, stolen, misplaced, destroyed, erased, 10 compromised, rendered unusable, or becomes otherwise 11 inaccessible during the retention period; providing 12 that a notarial journal is the exclusive property of a 13 notary public; requiring a notary public to secure the 14 journal; providing that failure to comply with the 15 notarial journal requirements constitutes grounds for 16 suspension, nonrenewal, or denial of a notary public 17 commission; amending s. 117.10, F.S.; exempting 18 certain acts of specified law enforcement and 19 correctional officers from the notarial journal 20 requirements; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 117.055, Florida Statutes, is created to 25 read: 26 117.055 Notarial journal.— 27 (1) When performing a notarial act that requires notarizing 28 a signature, a notary public shall record the following 29 information in a bound sequential paper journal or an electronic 30 journal that creates sequential and nonmodifiable records: 31 (a) The date and time of the notarial act. 32 (b) The type of notarial act. 33 (c) The type, title, name, or description of the document, 34 proceeding, or transaction requiring the notarial act. 35 (d) The signer’s printed name and signature or, in the case 36 of an electronic journal, the signer’s name and electronic 37 signature pursuant to s. 668.50(2)(h). 38 (e) The signer’s complete residence address. 39 (f) Whether the signer is personally known to the notary 40 public or presented satisfactory evidence of his or her identity 41 pursuant to s. 117.05(5)(b). The notary shall record the type, 42 last 4 digits of the unique identification number, and 43 expiration date of the identification presented. 44 (g) The names of witnesses to the notarial act, if any. 45 (2) A notary public must retain a notarial journal for at 46 least 5 years after the date of the last recorded notarial act 47 in the notarial journal. If a notarial journal is lost, stolen, 48 misplaced, destroyed, erased, compromised, rendered unusable, or 49 becomes otherwise inaccessible during the retention period, the 50 notary public must immediately notify the Department of State in 51 writing of the circumstances of the incident. 52 (3) The notarial journal is the exclusive property of the 53 notary public and must be kept in a locked and secure area, 54 under the direct and exclusive control of the notary public. 55 Access to an electronic notarial journal must be protected by a 56 password or other secure means of authentication. 57 (4) Failure of a notary public to comply with this section 58 constitutes grounds for suspension or nonrenewal of the notary 59 public’s commission and grounds for the denial of a subsequent 60 commission by the Governor. 61 Section 2. Section 117.10, Florida Statutes, is amended to 62 read: 63 117.10 Law enforcement and correctional officers.—Law 64 enforcement officers, correctional officers, and correctional 65 probation officers, as defined in s. 943.10, and traffic 66 accident investigation officers and traffic infraction 67 enforcement officers, as described in s. 316.640, are authorized 68 to administer oaths when engaged in the performance of official 69 duties. Sections 117.01, 117.04, 117.045, 117.05, 117.055, and 70 117.103 do not apply to the provisions of this section. An 71 officer may not notarize his or her own signature. 72 Section 3. This act shall take effect July 1, 2014. 73