Bill Text: FL S0356 | 2024 | Regular Session | Comm Sub
Bill Title: Notaries Public
Spectrum: Bipartisan Bill
Status: (Failed) 2024-03-08 - Died in Messages [S0356 Detail]
Download: Florida-2024-S0356-Comm_Sub.html
Florida Senate - 2024 CS for SB 356
By the Committee on Commerce and Tourism; and Senator Avila
577-02401-24 2024356c1
1 A bill to be entitled
2 An act relating to notaries public; amending s.
3 117.05, F.S.; requiring that certain notarial
4 certificates contain the printed names of specified
5 individuals; amending s. 117.105, F.S.; prohibiting a
6 notary public from falsely notarizing the signature of
7 a person who is not in that notary public’s presence,
8 either in person or online; defining terms; providing
9 criminal penalties; making technical changes; amending
10 s. 117.107, F.S.; deleting a provision that prohibits
11 a notary public from notarizing a signature on a
12 document of a person who is not, at the time of the
13 notarial act, physically present or present by means
14 of audio-video communication technology and that
15 provides civil penalties; providing criminal
16 penalties; creating s. 117.109, F.S.; requiring a
17 notary public to keep at least one tangible journal;
18 requiring a journal entry for each notarization;
19 providing requirements for such entries; requiring the
20 notary public to take reasonable steps to maintain a
21 backup record and to protect the journal, the backup
22 record, and other records from unauthorized access;
23 requiring the Department of State to retain
24 jurisdiction over the journal records for a specified
25 timeframe for a certain purpose; requiring the notary
26 public to maintain the journal for a specified
27 timeframe; authorizing the notary public or specified
28 individuals on his or her behalf to contract with a
29 secure repository to maintain the journal; providing
30 that such repository must fulfill specified duties of
31 the notary public with respect to the journal;
32 requiring the notary public to send, within a
33 specified timeframe, a certain notification to the
34 department of such delegation of retention duties;
35 requiring the notary public to make an entry
36 identifying the repository and providing notice to the
37 department; requiring the secure repository to fulfill
38 certain responsibilities of the notary public during
39 any delegation; providing that an omitted or
40 incomplete entry in the journal does not invalidate
41 the notarial act, but may be used for specified
42 evidentiary purposes; creating s. 117.111, F.S.;
43 requiring a notary public to keep the journal secure
44 and notify, within a specified timeframe, the
45 appropriate law enforcement agency and the department
46 of any unauthorized use of or compromise to the
47 security of the journal; prohibiting the notary public
48 from allowing another person to use the notary
49 public’s journal or from allowing another person who
50 is providing services to a notary public to facilitate
51 the performance of notarizations; requiring the notary
52 public to provide copies of pertinent entries upon the
53 request of specified entities; providing construction;
54 amending s. 28.47, F.S.; authorizing a property
55 appraiser to refuse to update an owner of record on
56 the county’s tax rolls under specified circumstances;
57 requiring the property appraiser to make a certain
58 notation in the records in the event such refusal is
59 made; providing an effective date.
60
61 Be It Enacted by the Legislature of the State of Florida:
62
63 Section 1. Paragraph (e) of subsection (4) and subsection
64 (13) of section 117.05, Florida Statutes, are amended to read:
65 117.05 Use of notary commission; unlawful use; notary fee;
66 seal; duties; employer liability; name change; advertising;
67 photocopies; penalties.—
68 (4) When notarizing a signature, a notary public shall
69 complete a jurat or notarial certificate in substantially the
70 same form as those found in subsection (13). The jurat or
71 certificate of acknowledgment shall contain the following
72 elements:
73 (e) The printed name of the person whose signature is being
74 notarized. It is presumed, absent such specific notation by the
75 notary public, that notarization is to all signatures.
76 (13) The following notarial certificates are sufficient for
77 the purposes indicated, if completed with the information
78 required by this chapter. The specification of forms under this
79 subsection does not preclude the use of other forms. However,
80 the notarial certificate must contain the printed names of all
81 signatories, including principals and witnesses.
82 (a) For an oath or affirmation:
83
84 STATE OF FLORIDA
85 COUNTY OF ........
86
87 Sworn to (or affirmed) and subscribed before me by means of ☐
88 physical presence or ☐ online notarization, this .... day of
89 ........, ...(year)..., by ...(name of person making
90 statement)....
91
92 ...(Signature of Notary Public - State of Florida)...
93 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
94 Personally Known........ OR Produced Identification........
95 Type of Identification Produced..........................
96
97 (b) For an acknowledgment in an individual capacity:
98
99 STATE OF FLORIDA
100 COUNTY OF ........
101
102 The foregoing instrument was acknowledged before me by means of
103 ☐ physical presence or ☐ online notarization, this .... day of
104 ........, ...(year)..., by ...(name of person acknowledging)....
105
106 ...(Signature of Notary Public - State of Florida)...
107 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
108 Personally Known........ OR Produced Identification........
109 Type of Identification Produced..........................
110
111 (c) For an acknowledgment in a representative capacity:
112
113 STATE OF FLORIDA
114 COUNTY OF ........
115
116 The foregoing instrument was acknowledged before me by means of
117 ☐ physical presence or ☐ online notarization, this .... day of
118 ........, ...(year)..., by ...(name of person)... as ...(type of
119 authority, . . . e.g. officer, trustee, attorney in fact)... for
120 ...(name of party on behalf of whom instrument was executed)....
121
122 ...(Signature of Notary Public - State of Florida)...
123 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
124 Personally Known........ OR Produced Identification........
125 Type of Identification Produced..........................
126
127 Section 2. Section 117.105, Florida Statutes, is amended to
128 read:
129 117.105 False or fraudulent acknowledgments; penalties for
130 prohibited acts penalty.—
131 (1) A notary public may not do any of the following: who
132 (a) Falsely notarize a signature on a written or electronic
133 document of a person who is not in the presence of the notary
134 public, either in person or online, at the time the signature is
135 notarized. For the purposes of this paragraph, the terms “in the
136 presence of” and “electronic” have the same meaning as provided
137 in s. 117.201.
138 (b) Falsely or fraudulently take takes an acknowledgment of
139 an instrument as a notary public. or
140 (c) Who Falsely or fraudulently make makes a certificate as
141 a notary public. or
142 (d) Who Falsely or fraudulently take or receive takes or
143 receives an acknowledgment of the signature on a written or
144 electronic document instrument is guilty of a felony of the
145 third degree, punishable as provided in s. 775.082, s. 775.083,
146 or s. 775.084.
147 (2) A notary public who violates subsection (1) commits a
148 felony of the third degree, punishable as provided in s.
149 775.082, s. 775.083, or s. 775.084. If the document notarized
150 under these circumstances pertains to a real estate transaction
151 or any other transfer of real property, the notary public
152 commits a felony of the second degree, punishable as provided in
153 s. 775.082, s. 775.083, or s. 775.084.
154 Section 3. Section 117.107, Florida Statutes, is amended to
155 read:
156 117.107 Prohibited acts; penalty.—
157 (1) A notary public may not use a name or initial in
158 signing certificates other than that by which the notary public
159 is commissioned.
160 (2) A notary public may not sign notarial certificates
161 using a facsimile signature stamp unless the notary public has a
162 physical disability that limits or prohibits his or her ability
163 to make a written signature and unless the notary public has
164 first submitted written notice to the Department of State with
165 an exemplar of the facsimile signature stamp. This subsection
166 does not apply to or prohibit the use of an electronic signature
167 and seal by a notary public who is registered as an online
168 notary public to perform an electronic or online notarization in
169 accordance with this chapter.
170 (3) A notary public may not affix his or her signature to a
171 blank form of affidavit or certificate of acknowledgment and
172 deliver that form to another person with the intent that it be
173 used as an affidavit or acknowledgment.
174 (4) A notary public may not take the acknowledgment of or
175 administer an oath to a person whom the notary public actually
176 knows to have been adjudicated mentally incapacitated by a court
177 of competent jurisdiction, where the acknowledgment or oath
178 necessitates the exercise of a right that has been removed
179 pursuant to s. 744.3215(2) or (3), and where the person has not
180 been restored to capacity as a matter of record.
181 (5) A notary public may not notarize a signature on a
182 document if it appears that the person is mentally incapable of
183 understanding the nature and effect of the document at the time
184 of notarization.
185 (6) A notary public may not take the acknowledgment of a
186 person who does not speak or understand the English language,
187 unless the nature and effect of the instrument to be notarized
188 is translated into a language which the person does understand.
189 (7) A notary public may not change anything in a written
190 instrument after it has been signed by anyone.
191 (8) A notary public may not amend a notarial certificate
192 after the notarization is complete.
193 (9) A notary public may not notarize a signature on a
194 document if the person whose signature is being notarized does
195 not appear before the notary public either by means of physical
196 presence or by means of audio-video communication technology as
197 authorized under part II of this chapter at the time the
198 signature is notarized. Any notary public who violates this
199 subsection is guilty of a civil infraction, punishable by
200 penalty not exceeding $5,000, and such violation constitutes
201 malfeasance and misfeasance in the conduct of official duties.
202 It is no defense to the civil infraction specified in this
203 subsection that the notary public acted without intent to
204 defraud. A notary public who violates this subsection with the
205 intent to defraud is guilty of violating s. 117.105.
206 (10) A notary public may not notarize a signature on a
207 document if the document is incomplete or blank. However, an
208 endorsement or assignment in blank of a negotiable or
209 nonnegotiable note and the assignment in blank of any instrument
210 given as security for such note is not deemed incomplete.
211 (10)(11) A notary public may not notarize a signature on a
212 document if the person whose signature is to be notarized is the
213 spouse, son, daughter, mother, or father of the notary public.
214 (11)(12) A notary public may not notarize a signature on a
215 document if the notary public has a financial interest in or is
216 a party to the underlying transaction; however, a notary public
217 who is an employee may notarize a signature for his or her
218 employer, and this employment does not constitute a financial
219 interest in the transaction nor make the notary a party to the
220 transaction under this subsection as long as he or she does not
221 receive a benefit other than his or her salary and the fee for
222 services as a notary public authorized by law. For purposes of
223 this subsection, a notary public who is an attorney does not
224 have a financial interest in and is not a party to the
225 underlying transaction evidenced by a notarized document if he
226 or she notarizes a signature on that document for a client for
227 whom he or she serves as an attorney of record and he or she has
228 no interest in the document other than the fee paid to him or
229 her for legal services and the fee authorized by law for
230 services as a notary public.
231 (12) A notary public who commits a violation of this
232 section commits a misdemeanor of the first degree, punishable as
233 provided in s. 775.082 or s. 775.083. A notary public who
234 commits a violation of this section with the intent to defraud
235 commits a felony of the third degree, punishable as provided in
236 s. 775.082, s. 775.083, or s. 775.084. If the violation of this
237 section pertains to a real estate transaction or any other
238 transfer of real property, the notary public commits a felony of
239 the second degree, punishable as provided in s. 775.082, s.
240 775.083, or s. 775.084.
241 Section 4. Section 117.109, Florida Statutes, is created to
242 read:
243 117.109 Journal of notarizations.—
244 (1) A notary public shall keep one or more tangible
245 journals of all notarizations performed by the notary public.
246 For each notarization, the journal entry must contain all of the
247 following:
248 (a) The date and time of the notarization.
249 (b) The type of notarial act performed, whether an oath or
250 acknowledgment.
251 (c) The type, the title, or a description of the electronic
252 recording or proceeding.
253 (d) The name and address of each principal or witness
254 involved in the transaction or proceeding.
255 (e) Evidence of identity of each principal involved in the
256 transaction or proceeding in either of the following forms:
257 1. A statement that the person is personally known to the
258 notary public; or
259 2.a. A notation of the type of government-issued
260 identification credential the person provided to the notary
261 public;
262 b. An indication that the government-issued identification
263 credential satisfied the credential analysis; and
264 c. An indication that the principal satisfactorily passed
265 the identity proofing.
266 (f) The fee, if any, charged for the notarization.
267 (2) The notary public shall take reasonable steps to:
268 (a) Maintain a backup record of the journal required by
269 subsection (1).
270 (b) Protect from unauthorized access the journal, the
271 backup record, and any other records the notary public receives.
272 (3) The Department of State shall retain jurisdiction over
273 the journal records for a period of 10 years after the date of
274 the notarial acts for the purpose of investigating possible
275 notarial misconduct.
276 (a) A notary public shall maintain the journal required
277 under subsection (1) for at least 10 years after the date of the
278 notarial act.
279 (b) A notary public, a guardian of an incapacitated notary
280 public, or the personal representative of a notary public may
281 contract with a secure repository, in accordance with any rules
282 established under this chapter, and delegate to the repository
283 the notary public’s duty to maintain the journal, provided that
284 the department is notified of such delegation of retention
285 duties within 30 days thereafter, including the effective date
286 of the delegation and the address and contact information for
287 the repository.
288 (c) If a notary public delegates to a secure repository his
289 or her duty to maintain the journal required under this section,
290 the notary public must make an entry in his or her journal
291 identifying such repository and notify the department as
292 required in this subsection. During any delegation under this
293 subsection, the secure repository shall fulfill the
294 responsibilities of the notary public to provide copies or
295 access under s. 117.111.
296 (4) An omitted or incomplete entry in the journal does not
297 invalidate the notarial act performed, but may be introduced as
298 evidence to establish violations of this chapter; as evidence of
299 possible fraud, forgery, impersonation, duress, incapacity,
300 undue influence, minority, illegality, or unconscionability; or
301 for other evidentiary purposes.
302 Section 5. Section 117.111, Florida Statutes, is created to
303 read:
304 117.111 Use of journal.—
305 (1) A notary public shall do all of the following:
306 (a) Keep the journal maintained pursuant to s. 117.109
307 secure and under his or her sole control. The notary public may
308 not allow another person to use the notary public’s journal or
309 allow another person who is providing services to a notary
310 public to facilitate the performance of notarizations.
311 (b) Notify an appropriate law enforcement agency and the
312 Department of State of any unauthorized use of or compromise to
313 the security of the journal within 7 days after the discovery of
314 the unauthorized use or compromise to security.
315 (2) A notary public shall provide copies of pertinent
316 entries in the journal upon the request of any of the following:
317 (a) The department, pursuant to a notary misconduct
318 investigation.
319 (b) Any other persons or entities, pursuant to a subpoena,
320 a court order, a law enforcement investigation, or any other
321 lawful inspection demand.
322 (3) This section may not be construed to prevent a notary
323 public from designating a secure repository under s. 117.109.
324 Section 6. Subsection (6) of section 28.47, Florida
325 Statutes, is amended to read:
326 28.47 Recording notification service.—
327 (6) This section also applies to county property appraisers
328 who have adopted an electronic land record notification service
329 before July 1, 2023.
330 (a)1. The property appraiser may use a verification process
331 for persons wishing to register for the electronic land record
332 notification service to ensure the integrity of the process.
333 2. If the property appraiser receives notice from the
334 property owner or clerk of the circuit court and reasonably
335 determines that the recorded deed is fraudulent, the property
336 appraiser may refuse to update the owner of record on the
337 county’s tax rolls. However, the property appraiser shall make a
338 notation in his or her records that a possible conveyance has
339 been recorded.
340 (b) For purposes of this subsection only, and
341 notwithstanding paragraph (1)(a) and subsection (3):
342 1. “Land record” means a deed or other document purporting
343 to convey real property.
344 2. When a land record is recorded for a monitored identity,
345 the property appraiser must send a recording notification to
346 each registrant who is subscribed to receive recording
347 notifications for that monitored identity within 24 hours after
348 the instrument being reflected on the county tax roll.
349 Section 7. This act shall take effect July 1, 2024.
