Posted by FlaNotary2 on 9/25/13 12:06pm
Msg #485926

New Journal Bill in Florida

Senate Bill 172!

Reply by Linda_H/FL on 9/25/13 12:11pm
Msg #485928

Re: New Journal Bill in Florida - you sure robert?

SB 172: John M. McKay Scholarships for Students with Disabilities Program

http://www.flsenate.gov/Session/Bill/2013/0172

Reply by Linda_H/FL on 9/25/13 12:15pm
Msg #485930

Never mind - found it - it's 2014 SB 172

http://www.flsenate.gov/Session/Bill/2014/0172/BillText/Filed/PDF

Reply by Lee/AR on 9/25/13 12:19pm
Msg #485931

Best to get your voice heard or FL will be CA

with the signer's signature required for each doc.
Who is sponsoring this? A journal manufacturing co?

Reply by FlaNotary2 on 9/25/13 12:27pm
Msg #485933

Who cares? Journal is a step In the right direction

We have very little oversight, and notary fraud in Florida has skyrocketed over the past few years. Journals will help notaries be more diligent.

Reply by Linda_H/FL on 9/25/13 12:41pm
Msg #485935

I agree - I think this is a necessary step to improve

things here. I have no problem with this bill except for tracking the time of the notarization, which will be a PIA til I get used to it..

Reply by jba/fl on 9/25/13 4:15pm
Msg #485979

Re: I agree - I think this is a necessary step to improve

I don't mind this as long as I can lump my loan docs in one entry referencing in same manner, ie, Loan #, file # or something. I don't not want the CA style. As for time -what's that all about? I suppose I can deal with it.

Reply by desktopfull on 9/25/13 1:39pm
Msg #485944

Do explain how keeping a journal will stop bad notaries.

All this will do is increase the time involved for a closing considerably and increase our costs for closings while TC's & SS's are decreasing our fees. My closings average 14-16 notarizations per package. That equates to purchasing 1-3 journals per month at a cost between $12.00-$20.00 ea. This requirement will do nothing to weed out crooked notaries that are willing to back date, etc., but will add 30 to 45 minutes to doing our job and costs, therefore decreasing our profit margin considerably.

Reply by Moneyman/TX on 9/25/13 1:48pm
Msg #485952

In general, I can't imagine not having to keep a journal.

Yes, it is an expense but even in states where we do not get to charge $10/signature it is a great CYA practice for the good notaries. I couldn't imagine being called into court over a notarization I preformed 4 years ago and not having some paperwork to back up the fact that I personally met with the signer. JMO

Reply by C. Rivera Chicago Notary Services on 9/25/13 2:03pm
Msg #485956

Moneyman I agree...I've only been called into court once

since 1991, and it was for a contested Will...I didn't even make into the court room.

It is a great cya tool. Thought it is not mandatory for Illinois, I do recommend keeping one it anything for that very purpose...CYA.

Reply by C. Rivera Chicago Notary Services on 9/25/13 1:45pm
Msg #485949

I seriously DOUBT that keeping a journal will actually STOP

or deter any type of fraud Robert.

Reply by desktopfull on 9/25/13 1:48pm
Msg #485953

I agree! n/m

Reply by SharonMN on 9/26/13 11:55am
Msg #486068

Re: I seriously DOUBT that keeping a journal will actually STOP

Having a journal requirement does help ensure the signer appears before the notary, particularly in a corporate context where someone's assistant is always dropping by with something their boss already signed. It's very helpful to be able to point to the journal and say they need to be there in person to sign the journal.

Reply by Lee/AR on 9/25/13 5:54pm
Msg #485990

More diligent? Horsefeathers.

Nothing stopping a FL notary from keeping a journal now. But I sure wouldn't want to have to do it ala CA...all the ID info AND signer's signature for each & every doc in a loan file. Glad I'm an Arkie (at least for now~~)
Nor is a journal going to stop nonsense. It's up to the notary--either way.

Reply by jba/fl on 9/25/13 12:43pm
Msg #485936

Re: Never mind - found it - it's 2014 SB 172

Your link just brings me back to here....no good for me.

Reply by Linda_H/FL on 9/25/13 12:46pm
Msg #485937

Odd - I clicked and it took me to the pdf version

Try this..

http://www.flsenate.gov/Session/Bill/2014/0172

Reply by jba/fl on 9/25/13 4:11pm
Msg #485978

That worked. n/m

Reply by Sylvia_FL on 9/25/13 1:08pm
Msg #485943

Re: Never mind - found it - it's 2014 SB 172

09/18/2013 Senate • Filed
09/25/2013 Senate • Referred to Commerce and Tourism; Regulated Industries

Reply by VT_Syrup on 9/25/13 5:50pm
Msg #485989

I notice the bill allows an electronic journal, but says nothing about any requirements the electronic journal has to meet. So it could just be an Excel spread sheet, would make it easy to back date by just inserting a new entry in between two existing entries. The bill does let the SOS make rules, so the problem could be fixed.

Reply by Sylvia_FL on 9/25/13 7:36pm
Msg #486002

Jeb Bush, when he was governor, in 2006 vetoed a bill requiring notaries to keep journals.
The notary public record bill was designed to reduce fraud, but Bush wrote that he was unconvinced that it would accomplish that purpose and questioned whether there was enough fraud to warrant such legislation. Bush also was worried that making notary public journals public record would compromise their customers’ personal information including addresses and telephone numbers.

Reply by Linda_H/FL on 9/25/13 7:41pm
Msg #486003

I agree...this one requires signers' addresses and

the serial number of their ID - not a good idea.

Reply by FlaNotary2 on 9/25/13 7:42pm
Msg #486004

Except, I don't think journals would be public record under

this bill, unless the SOS makes some rule about it. The statutes say that unauthorized access to or possession of "papers relating to notarial acts" is a crime.

Reply by Sylvia_FL on 9/25/13 8:00pm
Msg #486006

Re: Except, I don't think journals would be public record under

Depends on how the Florida Constitution is interpreted. A Notary Public is a public officer.
Because a notary public is a public officer under the State Constitution, the notary journal may be a public document that must be made available for inspection and copying.

Article 1 Sec 24 of the Constitution:
SECTION 24. Access to public records and meetings.—
(a) Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution. This section specifically includes the legislative, executive, and judicial branches of government and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution

Reply by jba/fl on 9/25/13 9:36pm
Msg #486011

Has this passed? Possibly will pass when? n/m

Reply by Sylvia_FL on 9/26/13 9:52am
Msg #486041

Re: Has this passed? Possibly will pass when?

Status at the moment:
09/18/2013 Senate • Filed
09/25/2013 Senate • Referred to Commerce and Tourism; Regulated Industries