117.01 Appointment,
application, suspension, revocation, application fee, bond, and oath.
(1) The Governor may
appoint as many notaries public as he or she deems necessary, each of whom
shall be at least 18 years of age and a legal resident of the state. A
permanent resident alien may apply and be appointed and shall file with
his or her application a recorded Declaration of Domicile. The
residence required for appointment must be maintained throughout the term
of appointment. Notaries public shall be appointed for 4 years and shall
use and exercise the office of notary public within the boundaries of this
state. An applicant must be able to read, write, and understand the
English language.
(2)
The application for appointment shall be signed and sworn to by the
applicant and shall be accompanied by a fee of $25, together with
the $10 commission fee required by s. 113.01, and a surcharge of $4, which
$4 is appropriated to the Executive Office of the Governor to be used to
educate and assist notaries public. The Executive Office of the Governor
may contract with private vendors to provide the services set forth in
this section. However, no commission fee shall be required for the
issuance of a commission as a notary public to a veteran who served during
a period of wartime service, as defined in s. 1.01(14), and who has been
rated by the United States Government or the United States Department of
Veterans Affairs or its predecessor to have a disability rating of 50
percent or more; such a disability is subject to verification by the
Secretary of State, who has authority to adopt reasonable procedures to
implement this act. The oath of office and notary bond required by this
section shall also accompany the application and shall be in a form
prescribed by the Department of State which shall require, but not be
limited to, the following information: full name, residence address and
telephone number, business address and telephone number, date of birth,
race, sex, social security number, citizenship status, driverŐs license
number or the number of other official state-issued identification,
affidavit of good character from someone unrelated to the applicant who
has known the applicant for 1 year or more, a list of all professional
licenses and commissions issued by the state during the previous 10 years
and a statement as to whether or not the applicant has had such license or
commission revoked or suspended, and a statement as to whether or not the
applicant has been convicted of a felony, and, if there has been a
conviction, a statement of the nature of the felony and restoration
of civil rights. The applicant may not use a fictitious or assumed name
other than a nickname on an application for commission. The application
shall be maintained by the Department of State for the full term of a
notary commission. A notary public shall notify, in writing, the
Department of State of any change in his or her business address, home
telephone number, business telephone number, home address, or criminal
record within 60 days after such change. The Governor may require any
other information he or she deems necessary for determining whether an
applicant is eligible for a notary public commission. Each applicant must
swear or affirm on the application that the information on the application
is true and correct.
(3) As part of the oath,
the applicant must swear that he or she has read this chapter and knows
the duties, responsibilities, limitations, and powers of a notary public.
(4) The Governor may
suspend a notary public for any of the grounds provided in s. 7,
Art. IV of the State Constitution. Grounds constituting malfeasance,
misfeasance, or neglect of duty include, but are not limited to, the
following:
(a) Material false statement on the
application.
(b) A complaint found to have merit by the
Governor.
(c) Failure to cooperate or respond to an
investigation by the Governor's office or the Department of State
regarding a complaint.
(d) Official misconduct as defined in s. 839.25.
(e) False or misleading advertising relating to
notary public services.
(f) Unauthorized practice of law.
(g) Failure to report a change in business or
home address or telephone number, or failure to submit documentation to
request an amended commission after a lawful name change, within the
specified period of time.
(h) Commission of fraud, misrepresentation, or
any intentional violation of this chapter.
(i) Charging fees in excess of fees authorized by
this chapter.
(j) Failure to maintain the bond required by this
section.
(5)(a) If a notary
public receives notice from the Department of State that his or her office
has been declared vacant, the notary shall forthwith mail or deliver to
the Secretary of State his or her notary commission.
(b) A notary public who wishes to resign
his or her commission, or a notary public who does not maintain legal
residence in this state during the entire term of appointment, or a notary
public whose resignation is required by the Governor, shall send a signed
letter of resignation to the Governor and shall return his or her
certificate of notary public commission. The resigning notary public
shall destroy his or her official notary public seal of office, unless the
Governor requests its return.
(6) No
person may be automatically reappointed as a notary public. The
application process must be completed regardless of whether an applicant
is requesting his or her first notary commission, a renewal of a
commission, or any subsequent commission.
(7)(a) A
notary public shall, prior to executing the duties of the office and
throughout the term of office, give bond, payable to any individual harmed
as a result of a breach of duty by the notary public acting in his or her
official capacity, in the amount of $7,500, conditioned for the due
discharge of the office and shall take an oath that he or she will
honestly, diligently, and faithfully discharge the duties of a notary
public. The bond shall be approved and filed with the Department of State
and executed by a surety company for hire duly authorized to transact
business in this state.
(b) Any notary public whose term of
appointment extends beyond January 1, 1999, is required to increase the
amount of his or her bond to $7,500 only upon reappointment on or after
January 1, 1999.
(c)Beginning July 1, 1996, surety companies for
hire which process notary public applications, oaths, affidavits of
character, and bonds for submission to the Department of State must
properly submit these documents in a software and hard copy format
approved by the Department of State.
(8)
Upon payment to any individual harmed as a result of a breach of duty by
the notary public, the entity who has issued the bond for the notary
public shall notify the Governor of the payment and the circumstances
which led to the claim.
117.03 Administration of oaths.
A notary public may administer an oath and make a certificate thereof when
it is necessary for the execution of any writing or document to be
published under the seal of a notary public. The notary public may
not take an acknowledgment of execution in lieu of an oath if an oath is
required.
117.04 Acknowledgments.
A notary public is authorized to take the acknowledgments of deeds and
other instruments of writing for record, as fully as other officers of
this state.
117.045 Marriages.
A notary public is authorized to solemnize the rites of matrimony.
For solemnizing the rites of matrimony, the fee of a notary public may not
exceed those provided by law to the clerks of the circuit court for like
services.
117.05 Use of notary commission;
unlawful use; notary fee; seal; duties; employer liability; name change;
advertising; photocopies; penalties.
(1) No person
shall obtain or use a notary public commission in other than his or her
legal name, and it is unlawful for a notary public to notarize his or her
own signature. Any person applying for a notary public commission must
submit proof of identity to the Department of State if so requested. Any
person who violates the provisions of this subsection is guilty of a
felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(2)(a) The fee of a
notary public may not exceed $10 for any one notarial act, except as
provided in s. 117.045.
(b) A notary public may not charge a fee for
witnessing an absentee ballot in an election, and must witness such a
ballot upon the request of an elector, provided that the notarial act is
in accordance with the provisions of this chapter.
(3)(a) A notary
public seal shall be affixed to all notarized paper documents and shall be
of the rubber stamp type and shall include the words "Notary
Public-State of Florida." The seal shall also include the name of the
notary public, the date of expiration of the commission of the notary
public, and the commission number. The rubber stamp seal must be affixed
to the notarized paper document in photographically reproducible black
ink. Every notary public shall print, type, or stamp below his or her
signature on a paper document his or her name exactly as
commissioned. An impression-type seal may be used in addition to the
rubber stamp seal, but the rubber stamp seal shall be the official seal
for use on a paper document, and the impression-type seal may not be
substituted therefor.
(b) Any notary public whose term of appointment
extends beyond January 1, 1992, is required to use a rubber stamp
type notary public seal on paper documents only upon reappointment on or
after January 1, 1992.
(c) The notary public official seal and the
certificate of notary public commission are the exclusive property of the
notary public and must be kept under the direct and exclusive control of
the notary public. The seal and certificate of commission must not be
surrendered to an employer upon termination of employment, regardless of
whether the employer paid for the seal or for the commission.
(d) A notary public whose official seal is lost,
stolen, or believed to be in the possession of another person shall
immediately notify the Department of State or the Governor in writing.
(e) Any person who unlawfully possesses a notary
public official seal or any papers or copies relating to notarial acts is
guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
(4)
When notarizing a signature, a notary public shall complete a jurat or
notarial certificate in substantially the same form as those found in s.
117.05(13). The jurat or certificate of acknowledgment shall contain the
following elements:
(a) The venue stating the location of the
notarization in the format, "State of Florida, County of ."
(b) The type of notarial act performed, an oath
or an acknowledgment, evidenced by the words, "sworn" or
"acknowledged."
(c) That the signer personally appeared before
the notary public at the time of the notarization.
(d) The exact date of the notarial act.
(e) The name of the person whose signature is
being notarized. It is presumed, absent such specific notation by the
notary public, that notarization is to all signatures.
(f) The specific type of identification the
notary public is relying upon in identifying the signer, either based on
personal knowledge or satisfactory evidence specified in s. 117.05(5).
(g) The notary's official signature.
(h) The notary's name, typed, printed, or stamped
below the signature;
(i) The notary's official seal affixed below or
to either side of the notary's signature.
(5)
A notary public may not notarize a signature on a document unless he or
she personally knows, or has satisfactory evidence, that the person whose
signature is to be notarized is the individual who is described in and who
is executing the instrument. A notary public shall certify in the
certificate of acknowledgment or jurat the type of identification, either
based on personal knowledge or other form of identification, upon which
the notary public is relying.
(a) For purposes of this subsection,
"personally knows" means having an acquaintance, derived from
association with the individual, which establishes the individual's
identity with at least a reasonable certainty.
(b) For the purposes of this subsection,
"satisfactory evidence" means the absence of any information,
evidence, or other circumstances which would lead a reasonable person to
believe that the person whose signature is to be notarized is not the
person he or she claims to be and any one of the following:
(1) The sworn written statement of one credible
witness personally known to the notary public or the sworn written
statement of two credible witnesses whose identities are proven to the
notary public upon the presentation of satisfactory evidence that each of
the following is true:
(a) That the person
whose signature is to be notarized is the person named in the document;
(b) That the person
whose signature is to be notarized is personally known to the witnesses;
(c) That it is the
reasonable belief of the witnesses that the circumstances of the person
whose signature is to be notarized are such that it would be very
difficult or impossible for that person to obtain another acceptable form
of identification;
(d) That it is the
reasonable belief of the witnesses that the person whose signature is to
be notarized does not possess any of the identification documents
specified in subparagraph 2.; and
(e) That the
witnesses do not have a financial interest in nor are parties to the
underlying transaction; or
(2) Reasonable reliance on
the presentation to the notary public of any one of the following forms of
identification, if the document is current or has been issued within the
past 5 years and bears a serial or other identifying number:
(a) A Florida identification card or driver's
license issued by the public agency authorized to issue driver's licenses;
(b) A passport issued by the Department of State
of the United States;
(c) A passport issued by a foreign government if
the document is stamped by the United States Immigration and
Naturalization Service;
(d) A driver's license or an identification card issued
by a public agency authorized to issue driver's licenses in a state other
than Florida, a territory of the United States, or Canada, or Mexico;
(e) An identification card issued by any
branch of the armed forces of the United States;
(f) An inmate identification card issued on or
after January 1, 1991, by the Florida Department of Corrections for an
inmate who is in the custody of the department;
(g) An inmate identification card issued by the
United States Department of Justice, Bureau of Federal Prisons, for an
inmate who is in the custody of the department;
(h) A sworn, written statement from a sworn law
enforcement officer that the forms of identification for an inmate in an
institution of confinement were confiscated upon confinement and that the
person named in the document is the person whose signature is to be
notarized; or
(i) An identification card issued by the United
States Immigration and Naturalization Service.
(6) The employer of a
notary public shall be liable to the persons involved for all damages
proximately caused by the notary's official misconduct, if the notary
public was acting within the scope of his or her employment at the time
the notary engaged in the official misconduct.
(7) Any
person who acts as or otherwise willfully impersonates a notary public
while not lawfully appointed and commissioned to perform notarial acts is
guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
(8) Any notary public who
knowingly acts as a notary public after his or her commission has expired
is guilty of a misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083.
(9) Any
notary public who lawfully changes his or her name shall, within 60 days
of such change, request an amended commission from the Secretary of State
and shall send $25, his or her current commission, and a notice of change
form, obtained from the Secretary of State, which shall include the new
name and contain a specimen of his or her official signature. The
Secretary of State shall issue an amended commission to the notary public
in the new name. A rider to the notary public's bond must accompany
the notice of change form. After submitting the required notice of change
form and rider to the Secretary of State, the notary public may continue
to perform notarial acts in his or her former name for 60 days or until
receipt of the amended commission, whichever date is earlier.
(10) A notary public who is not an attorney who
advertises the services of a notary public in a language other than
English, whether by radio, television, signs, pamphlets, newspapers, or
other written communication, with the exception of a single desk plaque,
shall post or otherwise include with the advertisement a notice in English
and in the language used for the advertisement. The notice shall be of a
conspicuous size, if in writing, and shall state: "I AM NOT AN
ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT
GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If the
advertisement is by radio or television, the statement may be
modified but must include substantially the same message.
(11) Literal translation of the phrase "Notary
Public" into a language other than English is prohibited in an
advertisement for notarial services.
(12)(a) A notary public may
supervise the making of a photocopy of an original document and attest to
the trueness of the copy, provided the document is neither a vital record
in this state, another state, a territory of the United States, or another
country, nor a public record, if a copy can be made by the custodian of
the public record.
(b) A notary public must use a certificate in
substantially the following form in notarizing an attested copy:
STATE OF FLORIDA
COUNTY OF ...........
On this......day of......,...(year)..., I attest that the preceding
or attached document is a true, exact, complete, and unaltered photocopy
made by me of ...(description of document)...presented to me by the
document's custodian, .............., and, to the best of my knowledge,
that the photocopied document is neither a vital record nor a public
record, certified copies of which are available from an official source
other than a notary public.
...(Official Notary Signature and Notary Seal)...
...(Name of Notary Typed, Printed or Stamped)...
(13) The following notarial certificates are
sufficient for the purposes indicated, if completed with the information
required by this chapter. The specification of forms under this subsection
does not preclude the use of other forms.
(a) For an oath or affirmation:
STATE OF FLORIDA
COUNTY OF ..............
Sworn to (or affirmed) and subscribed before me this ...... day of
.........., ...(year)..., by ... (name of person making statement)....
...(Signature of Notary Public - State of Florida)...
...(Print, Type, or Stamp Commissioned Name of Notary Public)...
Personally Known ............ OR Produced Identification ..............
Type of Identification Produced
.....................................
(b) For an acknowledgment in an individual
capacity:
STATE OF FLORIDA
COUNTY OF .............
The foregoing instrument was acknowledged before me this ...... day
of ............, ...(year)..., by ... (name of person acknowledging)...
...(Signature of Notary Public - State of Florida)...
...(Print, Type, or Stamp Commissioned Name of Notary Public)...
Personally Known ............. OR Produced Identification .............
Type of Identification Produced ......................................
(c) For an acknowledgment in a representative
capacity:
STATE OF FLORIDA
COUNTY OF ..............
The foregoing instrument was acknowledged before me this
.........day of ........., ...(year)..., by ... (name of person) ... as
... (type of authority, ... e.g. officer, trustee, attorney in fact)...
for ... (name of party on behalf of whom instrument was executed)...
...(Signature of Notary Public - State of Florida)...
...(Print, Type, or Stamp Commissioned Name of Notary Public)...
Personally Known ................ OR Produced Identification ..........
Type of Identification Produced........................................
(14) A notary public must make reasonable
accommodations to provide notarial services to persons with disabilities.
(a) A notary public may notarize the signature of
a person who is blind after the notary public has read the entire
instrument to that person.
(b) A notary public may notarize the signature of
a person who signs with a mark if:
1. The document signing is witnessed by two
disinterested persons;
(2) The notary prints the person's first
name at the beginning of the designated signature line and the person's
last name at the end of the designated signature line; and
(3) The notary prints the words "his
(or her) mark" below the person's signature mark.
(c) The following notarial
certificates are sufficient for the purpose of notarizing for a person who
signs with a mark:
1. For an oath or affirmation:
...(First Name).................(Last Name)...
...His(or her)Mark...
STATE OF FLORIDA
COUNTY OF ..............
Sworn to and subscribed before me this ...... day of ..........,
...(year)..., by ...(name of person making statement)..., who signed with
a mark in the presence of these witnesses:
...(Signature of Notary Public - State of Florida)...
...(Print, Type, or Stamp Commissioned Name of Notary Public)...
Personally Known ............ OR Produced Identification ..............
Type of Identification Produced
.....................................
2. For an acknowledgment in an
individual capacity:
...(First Name)..................(Last Name)...
...His(or her)Mark...
STATE OF FLORIDA
COUNTY OF ..............
The foregoing instrument was acknowledged before me this ...... day
of ............, ...(year)..., by ...(name of person acknowledging)...,
who signed with a mark in the presence of these witnesses:
...(Signature of Notary Public - State of Florida)...
...(Print, Type, or Stamp Commissioned Name of Notary Public)...
Personally Known ............. OR Produced Identification .............
Type of Identification Produced ......................................
(d) A notary public may sign the name of
a person whose signature is to be notarized when that person is physically
unable to sign or make a signature mark on a document if:
1. The person with a disability directs the
notary to sign in his or her presence;
2. The document signing is witnessed by two
disinterested persons;
3. The notary writes below the signature the
following statement: "Signature affixed by notary, pursuant to s.
117.05(14), Florida Statutes," and states the circumstances of the
signing in the notarial certificate.
(e) The following notarial certificates are
sufficient for the purpose of notarizing for a person with a disability
who directs the notary to sign his or her name:
1. For an oath or affirmation:
STATE OF FLORIDA
COUNTY OF ..............
Sworn to (or affirmed) before me this ...... day of ..........,
...(year)..., by... ...(name of person making statement)..., and
subscribed by ...(name of notary)... at the direction of and in the
presence of ...(name of person making statement)..., and in the presence
of these witnesses:
...(Signature of Notary Public - State of Florida)...
...(Print, Type, or Stamp Commissioned Name of Notary Public)...
Personally Known ............ OR Produced Identification ..............
Type of Identification Produced
.....................................
2. For an acknowledgment in an individual
capacity:
STATE OF FLORIDA
COUNTY OF ..............
The foregoing instrument was acknowledged before me this ...... day
of ............, ...(year)..., by ...(name of person acknowledging)...,
and subscribed by ...(name of notary)... at the direction of and in the
presence of ...(name of person acknowledging)..., and in the presence of
these witnesses:
...(Signature of Notary Public - State of Florida)...
...(Print, Type, or Stamp Commissioned Name of Notary Public)...
Personally Known ............. OR Produced Identification .............
Type of Identification Produced ......................................
117.06 Validity of acts prior to April 1, 1903.
Any and all notarial acts that were done by any notary public in the state
prior to April 1, 1903, which would have been valid had not the term of
office of the notary public expired, are declared to be valid.
117.10 Law enforcement officers and correctional
officers.
Law enforcement officers, correctional officers, and correctional
probation officers, as defined in s. 943.10, and traffic accident
investigation officers and traffic infraction enforcement officers, as
described in s. 316.640, are authorized to administer oaths when
engaged in the performance of official duties. Sections 117.01, 117.04,
117.045, 117.05, and 117.103 do not apply to the provisions of this
section. An officer may not notarize his or her own signature.
117.103 Certification of notaryŐs authority by Secretary
of State.
A notary public is not required to record his or her notary
public commission in an office of a clerk of the circuit court. If
certification of the notary public's commission is required, it must be
obtained from the Secretary of State. Upon the receipt of a written
request, the notarized document, and a fee of $10 payable to the Secretary
of State, the Secretary of State shall provide a certificate of notarial
authority. Documents destined for countries participating in an
International Treaty called the Hague Convention require an Apostille, and
that requirement shall be determined by the Secretary of State.
117.105 False or fraudulent acknowledgments; penalty.
A notary public who falsely or fraudulently takes an
acknowledgment of an instrument as a notary public or who falsely or
fraudulently makes a certificate as a notary public or who falsely takes
or receives an acknowledgment of the signature on a written instrument is
guilty of a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
117.107 Prohibited acts.
(1) A notary public may not use a name
or initial in signing certificates other than that by which the notary
public is commissioned.
(2) A notary public may not sign notarial
certificates using a facsimile signature stamp unless the notary public
has a physical disability which limits or prohibits his or her ability to
make a written signature and unless the notary public has first submitted
written notice to the Department of State with an exemplar of the
facsimile signature stamp.
(3) A notary public may not affix his or her
signature to a blank form of affidavit or certificate of acknowledgment
and deliver that form to another person with the intent that it be used as
an affidavit or acknowledgment.
(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. 744.3215(2)
or (3), and where the person who has not been restored to capacity as a
matter of record.
(5) A notary public may not notarize a
signature on a document if it appears that the person is mentally
incapable of understanding the nature and effect of the document at the
time of notarization.
(6) A notary public may not take the
acknowledgment of a person who does not speak or understand the English
language, unless the nature and effect of the instrument to be notarized
is translated into a language which the person does understand.
(7) A notary public may not change anything in
a written instrument after it has been signed by anyone.
(8) A notary public may not amend a notarial
certificate after the notarization is complete.
(9) A notary public may not notarize a
signature on a document if the person whose signature is being notarized
is not in the presence of the notary public at the time the signature is
notarized. Any notary public who violates this subsection is guilty of a
civil infraction, punishable by penalty not exceeding $5,000, and such
violation constitutes malfeasance and misfeasance in the conduct of
official duties. It is no defense to the civil infraction specified in
this subsection that the notary public acted without intent to defraud. A
notary public who violates this subsection with the intent to defraud is
guilty of violating s. 117.105.
(10) A notary public may not notarize a
signature on a document if the document is incomplete or blank. However,
an endorsement or assignment in blank of a negotiable or nonnegotiable
note and the assignment in blank of any instrument given as security for
such note is not deemed incomplete.
(11) A notary public may not notarize a signature on
a document if the person whose signature is to be notarized is the spouse,
son, daughter, mother, or father of the notary public.
(12) A notary public may not notarize a
signature on a document if the notary public has a financial interest in
or is a party to the underlying transaction; however, a notary public who
is an employee may notarize a signature for his or her employer, and this
employment does not constitute a financial interest in the transaction nor
make the notary a party to the transaction under this subsection as long
as he or she does not receive a benefit other than his or her salary and
the fee for services as a notary public authorized by law. For purposes of
this subsection, a notary public who is an attorney does not have a
financial interest in and is not a party to the underlying transaction
evidenced by a notarized document if he or she notarizes a signature on
that document for a client for whom he or she serves as an attorney of
record and he or she has no interest in the document other than the fee
paid to him or her for legal services and the fee authorized by law for
services as a notary public.
117.108 Validity of acts, seals, and certificates prior
to January 1, 1995.
A notarial act performed, a notarial certificate signed, or a
notarial seal used by any notary public before January 1, 1995, which
would have been valid under the laws in effect in this state on January 1,
1991, are valid.
117.20 Electronic notarization.
(1) The provisions of ss. 117.01,
117.03, 117.04, 117.05(1)-(11), (13), and (14), 117.105, and 117.107 apply
to all notarizations under this section except as set forth in this
section.
(2) An electronic notarization shall include
the words "Notary Public - State of Florida," the name of the
notary public, exactly as commissioned, the date of expiration of the
commission of the notary public, the commission number, and the notary's
digital signature. Neither a rubber stamp seal nor an
impression-type seal is required for an electronic notarization.
(3) Any notary public who seeks to perform
electronic notarizations and obtains a certificate from any certification
authority, as defined in s. 282.72(2), and who is licensed in the state
shall request an amended commission from the Secretary of State as set
forth in s. 117.05(9). The Secretary of State shall issue an amended
commission to the notary public indicating that the notary is a subscriber
to the certification authority identified in the notary's request for an
amended commission. After requesting an amended commission, the notary
public may continue to perform notarial acts, but may not use his or her
digital signature in the performance of notarial acts until receipt of the
amended commission. Any fees collected from such amended commissions shall
be used to fund the Secretary of State's administration of electronic
notary commission.
(4) If the notary public's private key
corresponding to his or her public key has been compromised, the notary
public shall immediately notify the Secretary of State in writing of the
breach of security and shall request the issuing certification authority
to suspend or revoke the certificate.
(5) A notary public shall keep a sequential
journal of all acts performed as a notary public under the provisions of
this section.
(a) The journal must include, at a minimum, for
every notarial act, the date and time of the notarial act, the type of
notarial act, the type or name of the document, the signer's printed name
and signature, the signer's complete address and telephone number, and the
specific type of identification presented by the signer, including both
its serial number and its expiration date.
(b) When requested in writing by the Governor's
Office or Department of State, the notary public must provide the journal
for inspection. The notary public must retain the journal for safekeeping
for at least five years beyond the date of the last notarial act recorded
in the journal.
(c) If the notary public journal is stolen, lost,
misplaced, destroyed, or rendered unusable within the time period
specified in paragraph (b), the notary public must immediately notify the
Governor's Office or the Department of State in writing of the
circumstances of the incident.
(6) Failure to comply with this section
constitutes grounds for suspension from office by the Governor.
[Effective date of this act January 1, 1999]
