Bill Text: FL S0356 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Notaries Public
Spectrum: Bipartisan Bill
Status: (Failed) 2024-03-08 - Died in Messages [S0356 Detail]
Download: Florida-2024-S0356-Introduced.html
Bill Title: Notaries Public
Spectrum: Bipartisan Bill
Status: (Failed) 2024-03-08 - Died in Messages [S0356 Detail]
Download: Florida-2024-S0356-Introduced.html
Florida Senate - 2024 SB 356 By Senator Avila 39-00547-24 2024356__ 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 electronic 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 electronic 44 journal secure and notify, within a specified 45 timeframe, the appropriate law enforcement agency and 46 the department of any unauthorized use of or 47 compromise to the security of the journal; prohibiting 48 the notary public from allowing another person to use 49 the notary public’s electronic journal or from 50 allowing another person who is providing services to a 51 notary public to facilitate the performance of 52 notarizations; requiring the notary public to provide 53 electronic copies of pertinent entries upon the 54 request of specified entities; providing construction; 55 amending s. 28.47, F.S.; authorizing a property 56 appraiser to refuse to update an owner of record on 57 the county’s tax rolls under specified circumstances; 58 requiring the property appraiser to make a certain 59 notation in the records in the event such refusal is 60 made; providing an effective date. 61 62 Be It Enacted by the Legislature of the State of Florida: 63 64 Section 1. Paragraph (e) of subsection (4) and subsection 65 (13) of section 117.05, Florida Statutes, are amended to read: 66 117.05 Use of notary commission; unlawful use; notary fee; 67 seal; duties; employer liability; name change; advertising; 68 photocopies; penalties.— 69 (4) When notarizing a signature, a notary public shall 70 complete a jurat or notarial certificate in substantially the 71 same form as those found in subsection (13). The jurat or 72 certificate of acknowledgment shall contain the following 73 elements: 74 (e) The printed name of the person whose signature is being 75 notarized. It is presumed, absent such specific notation by the 76 notary public, that notarization is to all signatures. 77 (13) The following notarial certificates are sufficient for 78 the purposes indicated, if completed with the information 79 required by this chapter. The specification of forms under this 80 subsection does not preclude the use of other forms. However, 81 the notarial certificate must contain the printed names of all 82 signatories, including principals and witnesses. 83 (a) For an oath or affirmation: 84 85 STATE OF FLORIDA 86 COUNTY OF ........ 87 88 Sworn to (or affirmed) and subscribed before me by means of ☐ 89 physical presence or ☐ online notarization, this .... day of 90 ........, ...(year)..., by ...(name of person making 91 statement).... 92 93 ...(Signature of Notary Public - State of Florida)... 94 ...(Print, Type, or Stamp Commissioned Name of Notary Public)... 95 Personally Known........ OR Produced Identification........ 96 Type of Identification Produced.......................... 97 98 (b) For an acknowledgment in an individual capacity: 99 100 STATE OF FLORIDA 101 COUNTY OF ........ 102 103 The foregoing instrument was acknowledged before me by means of 104 ☐ physical presence or ☐ online notarization, this .... day of 105 ........, ...(year)..., by ...(name of person acknowledging).... 106 107 ...(Signature of Notary Public - State of Florida)... 108 ...(Print, Type, or Stamp Commissioned Name of Notary Public)... 109 Personally Known........ OR Produced Identification........ 110 Type of Identification Produced.......................... 111 112 (c) For an acknowledgment in a representative capacity: 113 114 STATE OF FLORIDA 115 COUNTY OF ........ 116 117 The foregoing instrument was acknowledged before me by means of 118 ☐ physical presence or ☐ online notarization, this .... day of 119 ........, ...(year)..., by ...(name of person)... as ...(type of 120 authority, . . . e.g. officer, trustee, attorney in fact)... for 121 ...(name of party on behalf of whom instrument was executed).... 122 123 ...(Signature of Notary Public - State of Florida)... 124 ...(Print, Type, or Stamp Commissioned Name of Notary Public)... 125 Personally Known........ OR Produced Identification........ 126 Type of Identification Produced.......................... 127 128 Section 2. Section 117.105, Florida Statutes, is amended to 129 read: 130 117.105 False or fraudulent acknowledgments; penalties for 131 prohibited actspenalty.— 132 (1) A notary public may not do any of the following:who133 (a) Falsely notarize a signature on a written or electronic 134 document of a person who is not in the presence of the notary 135 public, either in person or online, at the time the signature is 136 notarized. For the purposes of this paragraph, the terms “in the 137 presence of” and “electronic” have the same meaning as provided 138 in s. 117.201. 139 (b) Falsely or fraudulently taketakesan acknowledgment of 140 an instrument as a notary public.or141 (c)WhoFalsely or fraudulently makemakesa certificate as 142 a notary public.or143 (d)WhoFalsely or fraudulently take or receivetakes or144receivesan acknowledgment of the signature on a written or 145 electronic documentinstrument is guilty of a felony of the146third degree, punishable as provided in s. 775.082, s. 775.083,147or s. 775.084. 148 (2) A notary public who violates subsection (1) commits a 149 felony of the third degree, punishable as provided in s. 150 775.082, s. 775.083, or s. 775.084. If the document notarized 151 under these circumstances pertains to a real estate transaction 152 or any other transfer of real property, the notary public 153 commits a felony of the second degree, punishable as provided in 154 s. 775.082, s. 775.083, or s. 775.084. 155 Section 3. Section 117.107, Florida Statutes, is amended to 156 read: 157 117.107 Prohibited acts; penalty.— 158 (1) A notary public may not use a name or initial in 159 signing certificates other than that by which the notary public 160 is commissioned. 161 (2) A notary public may not sign notarial certificates 162 using a facsimile signature stamp unless the notary public has a 163 physical disability that limits or prohibits his or her ability 164 to make a written signature and unless the notary public has 165 first submitted written notice to the Department of State with 166 an exemplar of the facsimile signature stamp. This subsection 167 does not apply to or prohibit the use of an electronic signature 168 and seal by a notary public who is registered as an online 169 notary public to perform an electronic or online notarization in 170 accordance with this chapter. 171 (3) A notary public may not affix his or her signature to a 172 blank form of affidavit or certificate of acknowledgment and 173 deliver that form to another person with the intent that it be 174 used as an affidavit or acknowledgment. 175 (4) A notary public may not take the acknowledgment of or 176 administer an oath to a person whom the notary public actually 177 knows to have been adjudicated mentally incapacitated by a court 178 of competent jurisdiction, where the acknowledgment or oath 179 necessitates the exercise of a right that has been removed 180 pursuant to s. 744.3215(2) or (3), and where the person has not 181 been restored to capacity as a matter of record. 182 (5) A notary public may not notarize a signature on a 183 document if it appears that the person is mentally incapable of 184 understanding the nature and effect of the document at the time 185 of notarization. 186 (6) A notary public may not take the acknowledgment of a 187 person who does not speak or understand the English language, 188 unless the nature and effect of the instrument to be notarized 189 is translated into a language which the person does understand. 190 (7) A notary public may not change anything in a written 191 instrument after it has been signed by anyone. 192 (8) A notary public may not amend a notarial certificate 193 after the notarization is complete. 194 (9)A notary public may not notarize a signature on a195document if the person whose signature is being notarized does196not appear before the notary public either by means of physical197presence or by means of audio-video communication technology as198authorized under part II of this chapter at the time the199signature is notarized. Any notary public who violates this200subsection is guilty of a civil infraction, punishable by201penalty not exceeding $5,000, and such violation constitutes202malfeasance and misfeasance in the conduct of official duties.203It is no defense to the civil infraction specified in this204subsection that the notary public acted without intent to205defraud. A notary public who violates this subsection with the206intent to defraud is guilty of violating s. 117.105.207(10)A notary public may not notarize a signature on a 208 document if the document is incomplete or blank. However, an 209 endorsement or assignment in blank of a negotiable or 210 nonnegotiable note and the assignment in blank of any instrument 211 given as security for such note is not deemed incomplete. 212 (10)(11)A notary public may not notarize a signature on a 213 document if the person whose signature is to be notarized is the 214 spouse, son, daughter, mother, or father of the notary public. 215 (11)(12)A notary public may not notarize a signature on a 216 document if the notary public has a financial interest in or is 217 a party to the underlying transaction; however, a notary public 218 who is an employee may notarize a signature for his or her 219 employer, and this employment does not constitute a financial 220 interest in the transaction nor make the notary a party to the 221 transaction under this subsection as long as he or she does not 222 receive a benefit other than his or her salary and the fee for 223 services as a notary public authorized by law. For purposes of 224 this subsection, a notary public who is an attorney does not 225 have a financial interest in and is not a party to the 226 underlying transaction evidenced by a notarized document if he 227 or she notarizes a signature on that document for a client for 228 whom he or she serves as an attorney of record and he or she has 229 no interest in the document other than the fee paid to him or 230 her for legal services and the fee authorized by law for 231 services as a notary public. 232 (12) A notary public who commits a violation of this 233 section commits a misdemeanor of the first degree, punishable as 234 provided in s. 775.082 or s. 775.083. A notary public who 235 commits a violation of this section with the intent to defraud 236 commits a felony of the third degree, punishable as provided in 237 s. 775.082, s. 775.083, or s. 775.084. If the violation of this 238 section pertains to a real estate transaction or any other 239 transfer of real property, the notary public commits a felony of 240 the second degree, punishable as provided in s. 775.082, s. 241 775.083, or s. 775.084. 242 Section 4. Section 117.109, Florida Statutes, is created to 243 read: 244 117.109 Electronic journal of notarizations.— 245 (1) A notary public shall keep one or more secure 246 electronic journals of all notarizations performed by the notary 247 public. For each notarization, the electronic journal entry must 248 contain all of the following: 249 (a) The date and time of the notarization. 250 (b) The type of notarial act performed, whether an oath or 251 acknowledgment. 252 (c) The type, the title, or a description of the electronic 253 recording or proceeding. 254 (d) The name and address of each principal or witness 255 involved in the transaction or proceeding. 256 (e) Evidence of identity of each principal involved in the 257 transaction or proceeding in either of the following forms: 258 1. A statement that the person is personally known to the 259 notary public; or 260 2.a. A notation of the type of government-issued 261 identification credential the person provided to the notary 262 public; 263 b. An indication that the government-issued identification 264 credential satisfied the credential analysis; and 265 c. An indication that the principal satisfactorily passed 266 the identity proofing. 267 (f) The fee, if any, charged for the notarization. 268 (2) The notary public shall take reasonable steps to: 269 (a) Maintain a backup record of the electronic journal 270 required by subsection (1). 271 (b) Protect from unauthorized access the electronic 272 journal, the backup record, and any other records the notary 273 public receives. 274 (3) The Department of State shall retain jurisdiction over 275 the electronic journal records for a period of 10 years after 276 the date of the notarial acts for the purpose of investigating 277 possible notarial misconduct. 278 (a) A notary public shall maintain the electronic journal 279 required under subsection (1) for at least 10 years after the 280 date of the notarial act. 281 (b) A notary public, a guardian of an incapacitated notary 282 public, or the personal representative of a notary public may 283 contract with a secure repository, in accordance with any rules 284 established under this chapter, and delegate to the repository 285 the notary public’s duty to maintain the electronic journal, 286 provided that the department is notified of such delegation of 287 retention duties within 30 days thereafter, including the 288 effective date of the delegation and the address and contact 289 information for the repository. 290 (c) If a notary public delegates to a secure repository his 291 or her duty to maintain the electronic journal under this 292 section, the notary public must make an entry in his or her 293 electronic journal identifying such repository and notify the 294 department as required in this subsection. During any delegation 295 under this subsection, the secure repository shall fulfill the 296 responsibilities of the notary public to provide copies or 297 access under s. 117.111. 298 (4) An omitted or incomplete entry in the electronic 299 journal does not invalidate the notarial act performed, but may 300 be introduced as evidence to establish violations of this 301 chapter; as evidence of possible fraud, forgery, impersonation, 302 duress, incapacity, undue influence, minority, illegality, or 303 unconscionability; or for other evidentiary purposes. 304 Section 5. Section 117.111, Florida Statutes, is created to 305 read: 306 117.111 Use of electronic journal.— 307 (1) A notary public shall do all of the following: 308 (a) Keep the electronic journal secure and under his or her 309 sole control, which includes access protection using passwords 310 or codes under the control of the notary public. The notary 311 public may not allow another person to use the notary public’s 312 electronic journal or allow another person who is providing 313 services to a notary public to facilitate the performance of 314 notarizations. 315 (b) Notify an appropriate law enforcement agency and the 316 Department of State of any unauthorized use of or compromise to 317 the security of the electronic journal within 7 days after the 318 discovery of the unauthorized use or compromise to security. 319 (2) A notary public shall provide electronic copies of 320 pertinent entries in the electronic journal upon the request of 321 any of the following: 322 (a) The department, pursuant to a notary misconduct 323 investigation. 324 (b) Any other persons or entities, pursuant to a subpoena, 325 a court order, a law enforcement investigation, or any other 326 lawful inspection demand. 327 (3) This section may not be construed to prevent a notary 328 public from designating a secure repository under s. 117.109. 329 Section 6. Subsection (6) of section 28.47, Florida 330 Statutes, is amended to read: 331 28.47 Recording notification service.— 332 (6) This section also applies to county property appraisers 333 who have adopted an electronic land record notification service 334 before July 1, 2023. 335 (a)1. The property appraiser may use a verification process 336 for persons wishing to register for the electronic land record 337 notification service to ensure the integrity of the process. 338 2. If the property appraiser receives notice from the 339 property owner or clerk of the circuit court and reasonably 340 determines that the recorded deed is fraudulent, the property 341 appraiser may refuse to update the owner of record on the 342 county’s tax rolls. However, the property appraiser shall make a 343 notation in his or her records that a possible conveyance has 344 been recorded. 345 (b) For purposes of this subsection only, and 346 notwithstanding paragraph (1)(a) and subsection (3): 347 1. “Land record” means a deed or other document purporting 348 to convey real property. 349 2. When a land record is recorded for a monitored identity, 350 the property appraiser must send a recording notification to 351 each registrant who is subscribed to receive recording 352 notifications for that monitored identity within 24 hours after 353 the instrument being reflected on the county tax roll. 354 Section 7. This act shall take effect July 1, 2024.