Posted by PAW on 6/13/06 10:25am
Msg #125579

ATTENTION FLORIDA NOTARIES - NEW LAWS EFFECTIVE 1/01/07


HB 567 has passed and will become law on January 1, 2007.

The bill requires a notary to maintain a journal of notarial acts. The journal can either be a paper journal or one maintained on a computer or other electronic devise. The journal is to contain each notarial act in sequential order. The record in the journal must include the date, time, and type of notarial act; the title or name of the document or transaction; the printed name and signature of the signer; and the signer's complete address, telephone number, and specific type of identification presented by the signer. The notarial journal must be maintained by a notary for at least 5 years after the date of the last entry. Should a journal be stolen, lost, misplaced, destroyed, or rendered unusable, the notary is required to immediately notify the Executive Office of the Governor in writing of the circumstances of the incident. The failure by a notary to comply with these requirements could result in the suspension or non-renewal of the notary's public commission by the Executive Office of the Governor.

A notary who is either an attorney licensed in this state or who is employed by an attorney licensed in this state is not required to maintain a journal of notarial acts. Current law allows a notary to charge up to $10 per notarial act. This bill specifies that a notarial act is the affixing of the notary's seal to a document accompanied by a written certification or jurat. A notary may not charge fees for services to a U.S. military veteran, firefighter, or law enforcement officer who is applying for a pension, allotment, allowance, compensation, insurance policy, or other benefit resulting from public service.

http://www.flsenate.gov/data/session/2006/House/bills/billtext/pdf/h056706er.pdf

Reply by Julie/MI on 6/13/06 11:35am
Msg #125593

Sounds like the NNA penetrated the FL legislators; two states nailed, 48 more to go!

Reply by PAW on 6/13/06 1:01pm
Msg #125614

This legislation has been in the FL congress for over 8 years. Problem was that there were always dumb amendments attached to it, so it never made it out of committee. The biggest issue was the NNA recommendation that FL follow the fees of CA, i.e., $10/signature. That always killed it, in my opinion. FL still maintains the $10 per act, but now, the "act" is defined in the update to the statutes.

Reply by Sylvia_FL on 6/13/06 2:07pm
Msg #125625

You are correct that it was the NNA's recommendation that has killed the previous bills. That was always a stumbling block.
I am happy that they have finally defined what a notarial act is, and that we will be required by law to keep a journal.

Reply by Becca_FL on 6/13/06 2:35pm
Msg #125633

PAW and/or Sylvia

>>>A notary who is either an attorney licensed in this state or who is employed by an attorney licensed in this state is not required to maintain a journal of notarial acts.<<<

What does this mean for non-attorney owned title company employees?

I'm just curious. I know many in-house closers that don't know the first thing about being a Notary and can not imagine them complying with the new law. Some of the closers that I speak of find it laughable that I have used a journal for all these years.

Reply by PAW on 6/13/06 3:36pm
Msg #125656

Re: PAW and/or Sylvia

HB 567 has (or at least had) the following wording in it:

Section 2. Section 117.071, Florida Statutes, is created
42 to read:
43 117.071 Use of journal for notarial acts.--
44 (1) Each notarial act shall be recorded by the notary
45 public in a sequential paper journal or a journal maintained in
46 a computer or other electronic storage device in accordance with
47 this chapter. A notary who is an attorney licensed to practice
48 in this state or who is employed by an attorney licensed to
49 practice in this state is exempt from this requirement. A
50 notary who is employed by a licensed title insurance agency in
51 this state or by a title insurance underwriter authorized to
52 conduct business in this state is exempt from this section.

Lines 50 through 52 specifically identified employees of title companies as being exempt from the journal requirement.

Reply by TitleGalCA on 6/13/06 3:39pm
Msg #125658

Oh. well, thanks for posting that Paul AFTER my post...

Disregard. Sheesh.

Reply by Becca_FL on 6/13/06 3:51pm
Msg #125660

Thank you for clarifying, PAW. :) n/m

Reply by TitleGalCA on 6/13/06 3:37pm
Msg #125657

Re: PAW and/or Sylvia

Becca, it would be really foolish for a title companies notaries to ignore the law; especially one that affects tc practices so thoroughly.

Generally, when there is new legislation that goes into effect Jan. 1, we hear from underwriting several months before to get ready for the change, with strict instructions on how to comply with the change.

Still, I was the one that went around my office like a woman on a mission with the CA ack change in 2006. I could not seem to get my point across, and to this day, I still see docs using the old acknowledgment, from professional signing agents (not TC escrow). It makes me crazy.

Reply by Derek_FL on 6/23/06 5:43pm
Msg #127841

The bill was vetoed by the governor on June 23rd. Follow link to see House of Representatives report.


http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=32495