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