Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 356
       
       
       
       
       
       
                                Ì2819628Î281962                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/24/2024           .                                
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       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         117.111Use 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