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:
68 117.111 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