Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. CS for SB 356
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LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/08/2024 .
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The Appropriations Committee on Transportation, Tourism, and
Economic Development (Avila) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 63 - 323
4 and insert:
5 Section 1. Section 117.105, Florida Statutes, is amended to
6 read:
7 117.105 False or fraudulent acknowledgments; penalties for
8 prohibited acts penalty.—
9 (1) A notary public may not do any of the following: who
10 (a) Falsely or fraudulently take takes an acknowledgment of
11 an instrument as a notary public. or
12 (b) Who Falsely or fraudulently make makes a certificate as
13 a notary public. or
14 (c) Who Falsely or fraudulently take or receive takes or
15 receives an acknowledgment of the signature on a written or
16 electronic document instrument is guilty of a felony of the
17 third degree, punishable as provided in s. 775.082, s. 775.083,
18 or s. 775.084.
19 (2) A notary public who knowingly and willfully violates
20 subsection (1) commits a felony of the third degree, punishable
21 as provided in s. 775.082, s. 775.083, or s. 775.084. A notary
22 public who knowingly and willfully violates subsection (1)
23 commits a felony of the second degree, punishable as provided in
24 s. 775.082, s. 775.083, or s. 775.084, if the document notarized
25 pertains to a real estate transaction or any other transfer of
26 real property.
27 Section 2. Subsection (9) of section 117.107, Florida
28 Statutes, is amended, and subsection (13) is added to that
29 section, to read:
30 117.107 Prohibited acts; penalty.—
31 (9) A notary public may not notarize a signature on a
32 document if the person whose signature is being notarized does
33 not appear before the notary public either by means of physical
34 presence or by means of audio-video communication technology as
35 authorized under part II of this chapter at the time the
36 signature is notarized. Any notary public who violates this
37 subsection is guilty of a civil infraction, punishable by
38 penalty not exceeding $5,000, and such violation constitutes
39 malfeasance and misfeasance in the conduct of official duties.
40 It is no defense to the civil infraction specified in this
41 subsection that the notary public acted without intent to
42 defraud. A notary public who violates this subsection with the
43 intent to defraud is guilty of violating s. 117.105.
44 (13) A notary public who knowingly and willfully violates
45 this section commits a misdemeanor of the first degree,
46 punishable as provided in s. 775.082 or s. 775.083. A notary
47 public who knowingly and willfully violates this section with
48 the intent to defraud commits a felony of the third degree,
49 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
50 A notary public who knowingly and willfully violates this
51 section with the intent to defraud commits a felony of the
52 second degree, punishable as provided in s. 775.082, s. 775.083,
53 or s. 775.084, if the violation pertains to a real estate
54 transaction or any other transfer of real property.
55
56 ================= T I T L E A M E N D M E N T ================
57 And the title is amended as follows:
58 Delete lines 3 - 53
59 and insert:
60 117.105, F.S.; revising criminal penalties for false
61 or fraudulent acknowledgments; amending s. 117.107,
62 F.S.; deleting a civil penalty relating to a provision
63 that prohibits a notary public from notarizing a
64 signature on a document of a person who is not, at the
65 time of the notarial act, physically present or
66 present by means of audio-video communication
67 technology; providing criminal penalties;