HB 0337 2004
1	A bill to be entitled
2	An act relating to notaries public; amending s. 117.05,
3	F.S.; requiring notaries to provide services without
4	charge for certain persons; creating s. 117.055, F.S.;
5	requiring notaries to maintain a journal and record
6	notarial acts; providing journal requirements; providing
7	that a violation of s. 117.055, F.S., may result in
8	sanctions against the notary public, but shall not
9	invalidate the notarial act; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Subsection (2) of section 117.05, Florida
14	Statutes, is amended to read:
15	117.05 Use of notary commission; unlawful use; notary fee;
16	seal; duties; employer liability; name change; advertising;
17	photocopies; penalties.--
18	(2)(a) The fee of a notary public may not exceed $10 for
19	any one notarial act, except as provided in s. 117.045.
20	(b) A notary public may not charge a fee:
21	1. For witnessing an absentee ballot in an election,and
22	must witness such a ballot upon the request of an elector if,
23	providedthe notarial act is in accordance with the provisions
24	of this chapter.
25	2. For any notarial act performed for a United States
26	military veteran or a firefighter, police officer, or sheriff's
27	deputy applying for a pension, allotment, allowance,
28	compensation, insurance policy, or other benefit resulting from
29	public service.
30	Section 2. Section 117.055, Florida Statutes, is created
31	to read:
32	117.055 Use of journal for notarial acts.--
33	(1) Each notarial act shall be recorded by the notary by a
34	sequential entry in a journal and shall be kept by the notary
35	for at least 5 years after the date of the last entry. Any
36	person lawfully entitled to the information recorded in the
37	journal pursuant to subsection (2) may, upon reasonable notice,
38	submit to the notary a signed, written request stating the
39	month, year, and type of document or proceeding and the name of
40	the signer or principal for a notarial act, and the requester
41	shall then be permitted to examine the corresponding entry in
42	the notary's journal.
43	(2) For each notarial act, the notary shall record in the
44	journal at the time of notarization:
45	(a) The date, time, and type of notarial act.
46	(b) The date, type, title, or description of the document
47	or proceeding.
48	(c) The signature and thumbprint of the signer or
49	principal.
50	(d) The name and address of the signer or principal.
51	(e) A description of the evidence of identity of the
52	signer or principal and, pursuant to s. 117.05(5)(b)2.i., in the
53	case of reliance on an identification card issued by the United
54	States Immigration and Naturalization Service other than an
55	alien registration receipt card, a description of a student
56	identity card or other documentation of current lawful
57	occupation in the United States.
58	(f) The fee charged, if any.
59	(3) Failure of a notary public to comply with the
60	requirements of this section shall subject the notary to
61	appropriate sanctions but shall not affect the validity of any
62	acknowledgment, jurat, or other notarial act.
63	Section 3. This act shall take effect January 1, 2005.