Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7208
       
       
       
       FOR CONSIDERATION By the Committee on Commerce and Tourism
       
       
       
       
       577-02664A-12                                         20127208__
    1                        A bill to be entitled                      
    2         An act relating to notaries public; amending s.
    3         117.01, F.S.; revising the application process and
    4         requirements for appointment as a notary public;
    5         requiring that the Department of State adopt rules for
    6         the registration and approval of entities that offer
    7         courses on the duties of a notary public; directing
    8         that a portion of the surcharge on fees be used for
    9         certain purposes and deposited into the Operating
   10         Trust Fund of the Department of State; requiring the
   11         department to include a certain statement on the
   12         application; requiring the department to investigate
   13         complaints against a notary public and submit findings
   14         to the Executive Office of the Governor; requiring
   15         entities issuing bonds for notaries public to submit
   16         an annual report to the department; amending s.
   17         117.021, F.S.; clarifying that the Governor is
   18         authorized to suspend a notary’s commission; amending
   19         s. 117.05, F.S.; deleting obsolete provisions;
   20         conforming provisions to changes made by the act;
   21         amending s. 117.103, F.S., relating to certification
   22         of a notary’s authority; conforming provisions to
   23         changes made by the act; amending s. 117.107, F.S.;
   24         revising provisions relating to the use of signature
   25         stamps; providing that a notary who notarizes the
   26         signature of a person who is not in the presence of
   27         the notary is subject to suspension; amending s.
   28         668.50, F.S.; deleting a provision that has been
   29         transferred to s. 117.01, F.S.; transferring certain
   30         responsibilities relating to the administration of
   31         notaries public from the Executive Office of the
   32         Governor to the Secretary of State; providing for an
   33         appropriation; providing an effective date.
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 117.01, Florida Statutes, is amended to
   38  read:
   39         117.01 Appointment, application, suspension, revocation,
   40  application fee, bond, and oath.—
   41         (1) The Governor may appoint as many notaries public as he
   42  or she deems necessary, each of whom must shall be at least 18
   43  years of age and a legal resident of the state. A permanent
   44  resident alien may apply and be appointed and shall file with
   45  his or her application a recorded Declaration of Domicile. The
   46  residence required for appointment must be maintained throughout
   47  the term of appointment.
   48         (2) A first-time applicant for appointment as a notary
   49  public must submit proof that, within 1 year before application,
   50  he or she completed interactive or classroom instruction as
   51  approved by the Department of State. A public or private sector
   52  person or entity registered with and approved by the department
   53  may offer courses that satisfy the instruction requirement. The
   54  department shall adopt rules for registration and approval of
   55  public or private sector persons or entities that offer
   56  instruction courses and approve a core curriculum for
   57  instruction covering the duties of the notary public which must
   58  include the requirements for electronic notarization.
   59         (3) A notary Notaries public shall be appointed for a term
   60  of 4 years and shall use and exercise the office of notary
   61  public within the boundaries of this state. An applicant must be
   62  able to read, write, and understand the English language.
   63         (4)(2) The application for appointment must shall be signed
   64  and sworn to or affirmed by the applicant, submitted to the
   65  Department of State, and shall be accompanied by a fee of $25,
   66  together with the $10 commission fee required by s. 113.01, and
   67  a surcharge of $4. Of the surcharge, $1.65 shall be deposited
   68  into the Grants and Donations Trust Fund of, which $4 is
   69  appropriated to the Executive Office of the Governor, to be used
   70  to fund the issuance of notary commissions and the processing of
   71  suspensions, and the remaining $2.35 shall be deposited into the
   72  Operating Trust Fund of the Department of State, to be used to
   73  fund the processing of notary applications, the provision of
   74  education educate and assistance to assist notaries public, and
   75  the investigation of complaints against notaries public.
   76         (a) A The Executive Office of the Governor may contract
   77  with private vendors to provide the services set forth in this
   78  section. However, no commission fee is not shall be required for
   79  the issuance of a commission as a notary public to a veteran, as
   80  defined in s. 1.01, who served during a period of wartime
   81  service, as defined in s. 1.01(14), and who has been rated by
   82  the United States Government or the United States Department of
   83  Veterans Affairs or its predecessor to have a disability rating
   84  of 50 percent or more; such a disability is subject to
   85  verification by the Department Secretary of State, which may who
   86  has authority to adopt reasonable procedures to administer
   87  implement this paragraph act.
   88         (b) An application must be accompanied by the oath of
   89  office and the notary bond required by this section. An shall
   90  also accompany the application must and shall be submitted in
   91  the format a form prescribed by the Department of State and, at
   92  a minimum, must include which shall require, but not be limited
   93  to, the following information:
   94         1. The applicant’s legal full name.,
   95         2. The applicant’s residence address and telephone number.,
   96         3. The applicant’s business address and telephone number.,
   97         4. The applicant’s date of birth, race, sex, and
   98  citizenship status.
   99         5. The applicant’s social security number., citizenship
  100  status,
  101         6. The applicant’s driver driver’s license number or the
  102  number of another other official state-issued identification.,
  103  affidavit of good character from someone unrelated to the
  104  applicant who has known the applicant for 1 year or more,
  105         7. A list of all professional licenses and commissions
  106  issued by the state to the applicant during the previous 10
  107  years and a statement as to whether or not the applicant has had
  108  such license or commission revoked or suspended., and
  109         8. A statement as to whether the applicant has previously
  110  been commissioned as a notary public in this state.
  111         9. A statement as to whether or not the applicant has been
  112  convicted or found guilty of a felony, and, if convicted or
  113  found guilty there has been a conviction, a statement of the
  114  nature of the felony and restoration of civil rights. The
  115  applicant may not use a fictitious or assumed name other than a
  116  nickname on an application for commission.
  117         (c) The application shall be maintained by the Department
  118  of State for the full term of a notary commission. A notary
  119  public shall notify, in writing, the Department of State, in
  120  writing, of any change in his or her business address or, home
  121  telephone number, residence address or business telephone
  122  number, home address, or criminal history record within 60 days
  123  after such change.
  124         (d) The Department of State or the Governor may require any
  125  other information he or she deems necessary for determining
  126  whether an applicant is eligible for a notary public commission.
  127         (e) Each applicant must swear or affirm on the application
  128  that the information on the application is true and correct. An
  129  applicant who submits an application that he or she knows to
  130  contain any false, fictitious, or fraudulent statement violates
  131  s. 817.155. The Department of State shall conspicuously place
  132  the following statement on all notary public application forms:
  133  “Please note that an applicant who submits an application that
  134  he or she knows to contain any false, fictitious, or fraudulent
  135  statement commits a felony of the third degree pursuant to s.
  136  817.155, Florida Statutes.”
  137         (5)(3) As part of the oath, the applicant must swear or
  138  affirm that he or she has read this chapter and knows the
  139  duties, responsibilities, limitations, and powers of a notary
  140  public.
  141         (6) Any person may file a complaint with the Department of
  142  State alleging a violation of this chapter by a notary public.
  143  Upon receipt of a complaint, the department shall conduct a
  144  preliminary investigation of the complaint and submit a summary
  145  of its investigative findings to the Executive Office of the
  146  Governor.
  147         (7)(4) The Governor may suspend a notary public for any of
  148  the grounds provided in s. 7, Art. IV of the State Constitution.
  149  Grounds constituting malfeasance, misfeasance, or neglect of
  150  duty include, but are not limited to, the following:
  151         (a) A material false statement on the application.
  152         (b) A complaint found to have merit by the Governor.
  153         (c) Failure to cooperate with or respond to an
  154  investigation by the Executive Office of the Governor Governor’s
  155  office or the Department of State regarding a complaint.
  156         (d) Official misconduct as defined in s. 838.022.
  157         (e) False or misleading advertising relating to notary
  158  public services.
  159         (f) Unauthorized practice of law.
  160         (g) Failure to report a change in business or residence
  161  home address or telephone number, or failure to submit
  162  documentation to request an amended commission after a lawful
  163  name change, within the specified period of time.
  164         (h) Commission of fraud, misrepresentation, or any
  165  intentional violation of this chapter.
  166         (i) Charging fees in excess of fees authorized by this
  167  chapter.
  168         (j) Failure to maintain the bond required by this section.
  169         (8)(5)(a) If a notary public receives notice from the
  170  Department of State that he or she his or her office has been
  171  suspended from office declared vacant, the notary public shall
  172  immediately forthwith mail or deliver to the Secretary of State
  173  his or her notary commission to the Department of State.
  174         (9)(b) A notary public who wishes to resign his or her
  175  commission, or a notary public who does not maintain legal
  176  residence in this state during the entire term of appointment,
  177  or a notary public whose resignation is required by the
  178  Governor, shall send a signed letter of resignation to the
  179  Governor and shall return his or her certificate of notary
  180  public commission. The resigning notary public shall destroy his
  181  or her official notary public seal of office, unless the
  182  Governor requests its return.
  183         (10)(6)A No person may not be automatically be reappointed
  184  as a notary public. The application process must be completed
  185  regardless of whether an applicant is requesting his or her
  186  initial first notary commission, a renewal of a commission, or
  187  any subsequent commission.
  188         (11)(7)(a) A notary public shall, before prior to executing
  189  the duties of the office and throughout the term of office, give
  190  bond, payable to any individual harmed as a result of a breach
  191  of duty by the notary public acting in his or her official
  192  capacity, in the amount of $7,500, conditioned on for the due
  193  discharge of the office and shall take an oath that he or she
  194  will honestly, diligently, and faithfully discharge the duties
  195  of the notary public.
  196         (a) The bond must shall be approved and filed with the
  197  Department of State and executed by a surety company for hire
  198  duly authorized to transact business in this state.
  199         (b) Any notary public whose term of appointment extends
  200  beyond January 1, 1999, is required to increase the amount of
  201  his or her bond to $7,500 only upon reappointment on or after
  202  January 1, 1999.
  203         (b)(c)Beginning July 1, 1996, Surety companies for hire
  204  which process notary public applications, oaths, or affidavits
  205  of character, and bonds for submission to the Department of
  206  State must properly submit these documents in a software and
  207  hard copy format approved by the department of State.
  208         (c)(8)An Upon payment to any individual harmed as a result
  209  of a breach of duty by the notary public, the entity issuing
  210  bonds for one or more notaries public must submit an annual
  211  report to the Department of State by January 1 which states
  212  whether any claims were paid and, if claims were paid, a summary
  213  of who has issued the bond for the notary public shall notify
  214  the Governor of the payment and the circumstances that which led
  215  to the claim. If an entity issuing such bonds does not submit
  216  its annual report to the department by January 1, the department
  217  shall refuse to accept bonding certificates from the entity
  218  until the entity submits the report.
  219         (12) The Department of State may contract with private
  220  vendors to provide the services set forth in this section.
  221         Section 2. Subsection (4) of section 117.021, Florida
  222  Statutes, is amended to read:
  223         117.021 Electronic notarization.—
  224         (4) Failure of a notary public to comply with any of the
  225  requirements of this section may constitute grounds for
  226  suspension of the notary public’s commission by the Executive
  227  Office of the Governor.
  228         Section 3. Subsections (1), (3), and (9) of section 117.05,
  229  Florida Statutes, are amended to read:
  230         117.05 Use of notary commission; unlawful use; notary fee;
  231  seal; duties; employer liability; name change; advertising;
  232  photocopies; penalties.—
  233         (1) A No person may not shall obtain or use a notary public
  234  commission in other than his or her legal name or, and it is
  235  unlawful for a notary public to notarize his or her own
  236  signature. Any person applying for a notary public commission
  237  must submit proof of identity to the Department of State if so
  238  requested. Any person who violates the provisions of this
  239  subsection commits is guilty of a felony of the third degree,
  240  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  241         (3)(a) A notary public seal must shall be affixed to all
  242  notarized paper documents, and shall be of the rubber stamp
  243  type, and shall include the words “Notary Public-State of
  244  Florida.” The seal must shall also include the name of the
  245  notary public, the date of expiration of the commission of the
  246  notary public, and the commission number. The rubber stamp seal
  247  must be affixed to the notarized paper document in
  248  photographically reproducible black ink. Every notary public
  249  shall print, type, or stamp below his or her signature on a
  250  paper document his or her name exactly as commissioned. An
  251  impression-type seal may be used in addition to the rubber stamp
  252  seal, but the rubber stamp seal is shall be the official seal
  253  for use on a paper document, and the impression-type seal may
  254  not substitute for the stamp be substituted therefor.
  255         (b) Any notary public whose term of appointment extends
  256  beyond January 1, 1992, is required to use a rubber stamp type
  257  notary public seal on paper documents only upon reappointment on
  258  or after January 1, 1992.
  259         (a)(c) The notary public official seal and the certificate
  260  of notary public commission are the exclusive property of the
  261  notary public and must be kept under the direct and exclusive
  262  control of the notary public. The seal and certificate of
  263  commission may must not be surrendered to an employer upon
  264  termination of employment, regardless of whether the employer
  265  paid for the seal or for the commission.
  266         (b)(d) A notary public whose official seal is lost, stolen,
  267  or believed to be in the possession of another person must shall
  268  immediately notify the Department of State or the Governor in
  269  writing.
  270         (c)(e) Any person who unlawfully possesses a notary public
  271  official seal or any papers or copies relating to notarial acts
  272  commits is guilty of a misdemeanor of the second degree,
  273  punishable as provided in s. 775.082 or s. 775.083.
  274         (9) A Any notary public who lawfully changes his or her
  275  name must shall, within 60 days after such change, request an
  276  amended commission from the Department Secretary of State and
  277  shall send $25, his or her current commission, and a notice of
  278  change form, obtained from the department Secretary of State,
  279  which includes shall include the new name and contain a specimen
  280  of his or her official signature. The department Secretary of
  281  State shall issue an amended commission to the notary public in
  282  the new name. A rider to the notary public’s bond must accompany
  283  the notice of change form. After submitting the required notice
  284  of change form and rider to the department Secretary of State,
  285  the notary public may continue to perform notarial acts in his
  286  or her former name for 60 days or until receipt of the amended
  287  commission, whichever occurs first date is earlier.
  288         Section 4. Section 117.103, Florida Statutes, is amended to
  289  read:
  290         117.103 Certification of notary’s authority by Secretary of
  291  State.—A notary public is not required to record his or her
  292  notary public commission in an office of a clerk of the circuit
  293  court. If certification of the notary public’s commission is
  294  required, it must be obtained from the Department Secretary of
  295  State. Upon the receipt of a written request and a fee of $10
  296  payable to the Department Secretary of State, the department
  297  Secretary of State shall issue a certificate of notarial
  298  authority, in a form prescribed by the department Secretary of
  299  State, which includes shall include a statement explaining the
  300  legal qualifications and authority of a notary public in this
  301  state.
  302         Section 5. Subsections (2) and (9) of section 117.107,
  303  Florida Statutes, are amended to read:
  304         117.107 Prohibited acts.—
  305         (2) A notary public may not sign notarial certificates
  306  using a facsimile signature stamp unless the notary public has a
  307  physical disability that limits or prohibits his or her ability
  308  to make a written signature and unless the notary public has
  309  first submitted written notice to the Department of State with
  310  an exemplar of the facsimile signature stamp.
  311         (9) A notary public may not notarize a signature on a
  312  document if the person whose signature is being notarized is not
  313  in the presence of the notary public at the time the signature
  314  is notarized. A Any notary public who violates this subsection
  315  commits is guilty of a civil infraction, punishable by penalty
  316  not exceeding $5,000, and such violation constitutes malfeasance
  317  and misfeasance in the conduct of official duties. It is not a
  318  no defense to the civil infraction specified in this subsection
  319  that the notary public acted without intent to defraud. A notary
  320  public who violates this subsection with the intent to defraud
  321  violates is guilty of violating s. 117.105 and is subject to
  322  suspension pursuant to s. 117.01(7).
  323         Section 6. Subsection (11) of section 668.50, Florida
  324  Statutes, is amended to read:
  325         668.50 Uniform Electronic Transaction Act.—
  326         (11) NOTARIZATION AND ACKNOWLEDGMENT.—
  327         (a) If a law requires a signature or record to be
  328  notarized, acknowledged, verified, or made under oath, the
  329  requirement is satisfied if the electronic signature of the
  330  person authorized by applicable law to perform those acts,
  331  together with all other information required to be included by
  332  other applicable law, is attached to or logically associated
  333  with the signature or record. Neither A rubber stamp or nor an
  334  impression type seal is not required for an electronic
  335  notarization.
  336         (b) A first-time applicant for a notary commission must
  337  submit proof that the applicant has, within 1 year prior to the
  338  application, completed at least 3 hours of interactive or
  339  classroom instruction, including electronic notarization, and
  340  covering the duties of the notary public. Courses satisfying
  341  this section may be offered by any public or private sector
  342  person or entity registered with the Executive Office of the
  343  Governor and must include a core curriculum approved by that
  344  office.
  345         Section 7. All powers, duties, functions, records,
  346  personnel, associated administrative support positions,
  347  property, pending issues, existing contracts, administrative
  348  authority, and administrative rules relating to the processing
  349  of applications for appointment as a notary public, the
  350  education and assistance of notaries public, and the
  351  investigation of complaints against notaries public are
  352  transferred by a type two transfer, as defined in s. 20.06(2),
  353  Florida Statutes, from the Executive office of the Governor to
  354  the Department of State. All powers, duties, functions, records,
  355  personnel, associated administrative support positions,
  356  property, pending issues, existing contracts, administrative
  357  authority, and administrative rules relating to the appointing
  358  and suspension of notaries public are retained by the Executive
  359  Office of the Governor.
  360         Section 8. A nonrecurring sum of $1,350,000 shall be
  361  transferred via nonoperating transfer by the Executive Office of
  362  the Governor from the Grants and Donations Trust Fund to the
  363  Department of State Operating Trust Fund to fund the processing
  364  of notary applications, education and assistance for notaries
  365  public, and the investigation of complaints against notaries
  366  public.
  367         Section 9. This act shall take effect July 1, 2012.