HB 0337CS

CHAMBER ACTION




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


CODING: Words stricken are deletions; words underlined are additions.