CS/HB 1255 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to notaries public; amending s. 2
117.105, F.S.; revising criminal penalties for false 3
or fraudulent acknowledgements; amending s. 117.107, 4
F.S.; deleting a civil penalty relating to a provision 5
that prohibits a notary public from notarizing a 6
signature on a document of a person who is not, at the 7
time of the notarial act, physically present or 8
present by means of audio -video communication 9
technology; providing criminal penalties; providing an 10
effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Section 117.105, Florida Statutes, is amended 15
to read: 16
117.105 False or fraudulent acknowledgments; penalties for 17
prohibited acts penalty.— 18
(1) A notary public may not: who 19
(a) Falsely or fraudulently take takes an acknowledgment 20
of an instrument as a notary public . or 21
(b) Who Falsely or fraudulently make makes a certificate 22
as a notary public. or 23
(c) Who Falsely or fraudulently take or receive takes or 24
receives an acknowledgment of the signature on a written or 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
electronic document instrument is guilty of a felony of the 26
third degree, punishable as provided in s. 775.082, s. 775.083, 27
or s. 775.084. 28
(2) A notary public who knowingly and willfully violates 29
subsection (1) commits a felony of the third degree, punishable 30
as provided in s. 775.082, s. 775.083, or s. 775.084. A notary 31
public who knowingly and willfully violates subsection (1) 32
commits a felony of the second degree, punishable as provided in 33
s. 775.082, s. 775.083, or s. 775.084, if the document notarized 34
pertains to a real estate transaction or any other transfer of 35
real property. 36
Section 2. Subsection (9) of section 117.107, Florida 37
Statutes, is amended, and subsection (13) is added to that 38
section, to read: 39
117.107 Prohibited acts ; penalty.— 40
(9) A notary public may not notarize a signature on a 41
document if the person whose signature is being notarized does 42
not appear before the notary public either by means of physical 43
presence or by means of audio -video communication technology as 44
authorized under part II of this chapter at the time the 45
signature is notarized. Any notary public who violates this 46
subsection is guilty of a civil infract ion, punishable by 47
penalty not exceeding $5,000, and such violation constitutes 48
malfeasance and misfeasance in the conduct of official duties. 49
It is no defense to the civil infraction specified in this 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
subsection that the notary public acted without intent to 51
defraud. A notary public who violates this subsection with the 52
intent to defraud is guilty of violating s. 117.105. 53
(13) A notary public who knowingly and willfully violates 54
this section commits a misdemeanor of the first degree, 55
punishable as provid ed in s. 775.082 or s. 775.083. A notary 56
public who knowingly and willfully violates this section with 57
the intent to defraud commits a felony of the third degree, 58
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 59
A notary public who knowingl y and willfully violates this 60
section with the intent to defraud commits a felony of the 61
second degree, punishable as provided in s. 775.082, s. 775.083, 62
or s. 775.084, if the violation pertains to a real estate 63
transaction or any other transfer of real pr operty. 64
Section 3. This act shall take effect July 1, 2024. 65