Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 356 Ì2819628Î281962 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/24/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Avila) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 242 - 328 4 and insert: 5 Section 4. Section 117.109, Florida Statutes, is created to 6 read: 7 117.109 Journal of notarizations.— 8 (1) A notary public shall keep one or more tangible 9 journals of all notarizations performed by the notary public. 10 For each notarization, the journal entry must contain all of the 11 following: 12 (a) The date and time of the notarization. 13 (b) The type of notarial act performed, whether an oath or 14 acknowledgment. 15 (c) The type, the title, or a description of the electronic 16 recording or proceeding. 17 (d) The name and address of each principal or witness 18 involved in the transaction or proceeding. 19 (e) Evidence of identity of each principal involved in the 20 transaction or proceeding in either of the following forms: 21 1. A statement that the person is personally known to the 22 notary public; or 23 2.a. A notation of the type of government-issued 24 identification credential the person provided to the notary 25 public; 26 b. An indication that the government-issued identification 27 credential satisfied the credential analysis; and 28 c. An indication that the principal satisfactorily passed 29 the identity proofing. 30 (f) The fee, if any, charged for the notarization. 31 (2) The notary public shall take reasonable steps to: 32 (a) Maintain a backup record of the journal required by 33 subsection (1). 34 (b) Protect from unauthorized access the journal, the 35 backup record, and any other records the notary public receives. 36 (3) The Department of State shall retain jurisdiction over 37 the journal records for a period of 10 years after the date of 38 the notarial acts for the purpose of investigating possible 39 notarial misconduct. 40 (a) A notary public shall maintain the journal required 41 under subsection (1) for at least 10 years after the date of the 42 notarial act. 43 (b) A notary public, a guardian of an incapacitated notary 44 public, or the personal representative of a notary public may 45 contract with a secure repository, in accordance with any rules 46 established under this chapter, and delegate to the repository 47 the notary public’s duty to maintain the journal, provided that 48 the department is notified of such delegation of retention 49 duties within 30 days thereafter, including the effective date 50 of the delegation and the address and contact information for 51 the repository. 52 (c) If a notary public delegates to a secure repository his 53 or her duty to maintain the journal required under this section, 54 the notary public must make an entry in his or her journal 55 identifying such repository and notify the department as 56 required in this subsection. During any delegation under this 57 subsection, the secure repository shall fulfill the 58 responsibilities of the notary public to provide copies or 59 access under s. 117.111. 60 (4) An omitted or incomplete entry in the journal does not 61 invalidate the notarial act performed, but may be introduced as 62 evidence to establish violations of this chapter; as evidence of 63 possible fraud, forgery, impersonation, duress, incapacity, 64 undue influence, minority, illegality, or unconscionability; or 65 for other evidentiary purposes. 66 Section 5. Section 117.111, Florida Statutes, is created to 67 read: 68 117.111 Use of journal.— 69 (1) A notary public shall do all of the following: 70 (a) Keep the journal maintained pursuant to s. 117.109 71 secure and under his or her sole control. The notary public may 72 not allow another person to use the notary public’s journal or 73 allow another person who is providing services to a notary 74 public to facilitate the performance of notarizations. 75 (b) Notify an appropriate law enforcement agency and the 76 Department of State of any unauthorized use of or compromise to 77 the security of the journal within 7 days after the discovery of 78 the unauthorized use or compromise to security. 79 (2) A notary public shall provide copies of pertinent 80 entries in the journal upon the request of any of the following: 81 (a) The department, pursuant to a notary misconduct 82 investigation. 83 (b) Any other persons or entities, pursuant to a subpoena, 84 a court order, a law enforcement investigation, or any other 85 lawful inspection demand. 86 (3) This section may not be construed to prevent a notary 87 public from designating a secure repository under s. 117.109. 88 89 ================= T I T L E A M E N D M E N T ================ 90 And the title is amended as follows: 91 Delete lines 17 - 53 92 and insert: 93 notary public to keep at least one tangible journal; 94 requiring a journal entry for each notarization; 95 providing requirements for such entries; requiring the 96 notary public to take reasonable steps to maintain a 97 backup record and to protect the journal, the backup 98 record, and other records from unauthorized access; 99 requiring the Department of State to retain 100 jurisdiction over the journal records for a specified 101 timeframe for a certain purpose; requiring the notary 102 public to maintain the journal for a specified 103 timeframe; authorizing the notary public or specified 104 individuals on his or her behalf to contract with a 105 secure repository to maintain the journal; providing 106 that such repository must fulfill specified duties of 107 the notary public with respect to the journal; 108 requiring the notary public to send, within a 109 specified timeframe, a certain notification to the 110 department of such delegation of retention duties; 111 requiring the notary public to make an entry 112 identifying the repository and providing notice to the 113 department; requiring the secure repository to fulfill 114 certain responsibilities of the notary public during 115 any delegation; providing that an omitted or 116 incomplete entry in the journal does not invalidate 117 the notarial act, but may be used for specified 118 evidentiary purposes; creating s. 117.111, F.S.; 119 requiring a notary public to keep the journal secure 120 and notify, within a specified timeframe, the 121 appropriate law enforcement agency and the department 122 of any unauthorized use of or compromise to the 123 security of the journal; prohibiting the notary public 124 from allowing another person to use the notary 125 public’s journal or from allowing another person who 126 is providing services to a notary public to facilitate 127 the performance of notarizations; requiring the notary 128 public to provide copies of pertinent entries upon the