SB 356 — Notaries Public

Florida Senate - 2024 CS for SB 356 By Senatorthe AvilaCommittee 39-00547-24on 2024356__Commerce Aand billTourism; to be entitled An act relating to notaries public;

and Senator Avila 577-02401-24 2024356c1 A bill to be entitled An act relating to notaries public;

requiring a notary public to keep at least one electronictangible journal;

Florida Senate - 2024 CS for SB 356 39-00547-24577-02401-24 2024356__2024356c1 that such repository must fulfill specified duties of the notary public with respect to the journal;

requiring a notary public to keep the electronic journal secure and notify, within a specified timeframe, the appropriate law enforcement agency and the department of any unauthorized use of or compromise to the security of the journal;

prohibiting the notary public from allowing another person to use the notary public’s electronic journal or from allowing another person who is providing services to a notary public to facilitate the performance of notarizations;

requiring the notary public to provide electronic copies of pertinent entries upon the request of specified entities;

requiring the property appraiser to make a certain notation in the records in the event such refusal is Page 2 of 13 CODING:

Florida Senate - 2024 CS for SB 356 39-00547-24577-02401-24 2024356__2024356c1 notation in the records in the event such refusal is made;

Sworn to (or affirmed) and subscribed before me by means of ☐ Page 3 of 13 CODING:

Florida Senate - 2024 CS for SB 356 39-00547-24577-02401-24 2024356__2024356c1 Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this ....

9392 ...(Signature of Notary Public - State of Florida)...

9897 (b) For an acknowledgment in an individual capacity:

99 STATE OF FLORIDA COUNTY OF ........

The foregoing instrument was acknowledged before me by means of Page 4 of 13 CODING:

Florida Senate - 2024 CS for SB 356 39-00547-24577-02401-24 2024356__2024356c1 The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ....

or (d) Who Falsely or fraudulently take or receive takes or receives an acknowledgment of the signature on a written or electronic document instrument is guilty of a felony of the Pagethird 5degree, ofpunishable 13as CODING:provided in s.

775.082, s.

775.083, Page 5 of 13 CODING:

Florida Senate - 2024 CS for SB 356 39-00547-24577-02401-24 2024356__2024356c1 thirdor degree, punishable as provided in s.

775.082, s.

775.083, or s.

(4) A notary public may not take the acknowledgment of or Page 6 of 13 CODING:

Florida Senate - 2024 CS for SB 356 39-00547-24577-02401-24 2024356__2024356c1 (4) A notary public may not take the acknowledgment of or administer an oath to a person whom the notary public actually knows to have been adjudicated mentally incapacitated by a court of competent jurisdiction, where the acknowledgment or oath necessitates the exercise of a right that has been removed pursuant to s.

It is no defense to the civil infraction specified in this subsection that the notary public acted without intent to Page 7 of 13 CODING:

Florida Senate - 2024 CS for SB 356 39-00547-24577-02401-24 2024356__2024356c1 subsection that the notary public acted without intent to defraud.

(12) A notary public who commits a violation of this section commits a misdemeanor of the first degree, punishable as Page 8 of 13 CODING:

Florida Senate - 2024 CS for SB 356 39-00547-24577-02401-24 2024356__2024356c1 section commits a misdemeanor of the first degree, punishable as provided in s.

117.109 ElectronicJournal journal of notarizations.— (1) A notary public shall keep one or more securetangible electronic journals of all notarizations performed by the notary public.

For each notarization, the electronic journal entry must contain all of the following:

A notation of the type of government-issued identification credential the person provided to the notary Pagepublic; 9 of 13 CODING:

Page 9 of 13 CODING:

Florida Senate - 2024 CS for SB 356 39-00547-24577-02401-24 2024356__2024356c1 public;b.

b.

(a) Maintain a backup record of the electronic journal required by subsection (1).

(b) Protect from unauthorized access the electronic journal, the backup record, and any other records the notary public receives.

(3) The Department of State shall retain jurisdiction over the electronic journal records for a period of 10 years after the date of the notarial acts for the purpose of investigating possible notarial misconduct.

(a) A notary public shall maintain the electronic journal required under subsection (1) for at least 10 years after the date of the notarial act.

(b) A notary public, a guardian of an incapacitated notary public, or the personal representative of a notary public may contract with a secure repository, in accordance with any rules established under this chapter, and delegate to the repository the notary public’s duty to maintain the electronic journal, provided that the department is notified of such delegation of retention duties within 30 days thereafter, including the effective date of the delegation and the address and contact information for the repository.

(c) If a notary public delegates to a secure repository his or her duty to maintain the journal required under this section, the notary public must make an entry in his or her journal Page 10 of 13 CODING: