CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Grant moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 1, line 27,

15            through page 36, line 10 delete those lines

16

17  and insert:

18         Section 1.  Subsections (1) and (2), paragraph (g) of

19  subsection (4), and subsections (5) and (7) of section 117.01,

20  Florida Statutes, are amended to read:

21         117.01  Appointment, application, suspension,

22  revocation, application fee, bond, and oath.--

23         (1)  The Governor may appoint for a term of 4 years as

24  many notaries public as he or she deems necessary, each of

25  whom shall be at least 18 years of age and a legal resident of

26  the state.  A permanent resident alien may apply and be

27  appointed and shall file with his or her application a

28  recorded Declaration of Domicile.  The residence required for

29  appointment must be maintained throughout the term of

30  appointment. Notaries public shall be appointed for 4 years

31  and shall use and exercise the office of notary public within

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  the boundaries of this state. An applicant must be able to

 2  read, write, and understand the English language.

 3         (2)  The application for appointment shall be signed

 4  and sworn to by the applicant and shall be accompanied by a

 5  fee of $25, together with the $10 commission fee required by

 6  s. 113.01, and a surcharge of $4, which $4 is appropriated to

 7  the Executive Office of the Governor to be used to educate and

 8  assist notaries public. The Executive Office of the Governor

 9  may contract with private vendors to provide the services set

10  forth in this section. However, no commission fee shall be

11  required for the issuance of a commission as a notary public

12  to a veteran who served during a period of wartime service, as

13  defined in s. 1.01(14), and who has been rated by the United

14  States Government or the United States Department of Veterans

15  Affairs or its predecessor to have a disability rating of 50

16  percent or more; such a disability is subject to verification

17  by the Secretary of State, who has authority to adopt

18  reasonable procedures to implement this act. The oath of

19  office and notary bond required by this section shall also

20  accompany the application and shall be in a form prescribed by

21  the Department of State which shall require, but not be

22  limited to, the following information: full name, residence

23  address and telephone number, business address and telephone

24  number, date of birth, race, sex, social security number,

25  citizenship status, driver's license number or the number of

26  other official state-issued identification, affidavit of good

27  character from someone unrelated to the applicant who has

28  known the applicant for 1 year or more, a list of all

29  professional licenses and commissions issued by the state

30  during the previous 10 years and a statement as to whether or

31  not the applicant has had such license or commission revoked

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  or suspended, and a statement as to whether or not the

 2  applicant has been convicted of a felony, and, if there has

 3  been a conviction, a statement of the nature of the felony and

 4  restoration of civil rights.  The applicant may not use a

 5  fictitious or assumed name other than a nickname on an

 6  application for commission.  The application shall be

 7  maintained by the Department of State for the full term of a

 8  notary commission.  A notary public shall notify, in writing,

 9  the Department of State of any change in his or her business

10  address, home telephone number, business telephone number,

11  home address, or criminal record within 60 days after such

12  change.  The Governor may require any other information he or

13  she deems necessary for determining whether an applicant is

14  eligible for a notary public commission.  Each applicant must

15  swear or affirm on the application that the information on the

16  application is true and correct to the best of his or her

17  knowledge.

18         (4)  The Governor may suspend a notary public for any

19  of the grounds provided in s. 7, Art. IV of the State

20  Constitution. Grounds constituting malfeasance, misfeasance,

21  or neglect of duty include, but are not limited to, the

22  following:

23         (g)  Failure to report a change in business or home

24  address or telephone number, or failure to submit

25  documentation to request an amended commission after a lawful

26  name change, within the specified period of time.

27         (5)(a)  If a notary public receives notice from the

28  Department of State that his or her office has been declared

29  vacant, the notary shall forthwith mail or deliver to the

30  Secretary of State his or her notary commission.

31         (b)  A notary public who wishes to resign his or her

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  commission, or a notary public who does not maintain legal

 2  residence in this state during the entire term of appointment,

 3  or a notary public whose resignation is required by the

 4  Governor, shall send a signed letter of resignation to the

 5  Governor and shall return his or her certificate of notary

 6  public commission. The resigning notary public shall destroy

 7  his or her official notary public seal of office, unless the

 8  Governor requests its return.

 9         (7)(a)  A notary public shall, prior to executing the

10  duties of the office and throughout the term of office, give

11  bond, payable to any individual harmed as a result of a breach

12  of duty by the notary public acting in his or her official

13  capacity, in the amount of $7,500 $5,000, conditioned for the

14  due discharge of the office and shall take an oath that he or

15  she will honestly, diligently, and faithfully discharge the

16  duties of the notary public.  The bond shall be approved and

17  filed with the Department of State and executed by a surety

18  company for hire duly authorized to transact business in this

19  state.

20         (b)  Any notary public whose term of appointment

21  extends beyond January 1, 1999 1992, is required to increase

22  the amount of his or her bond to $7,500 $5,000 only upon

23  reappointment on or after January 1, 1999 1992.

24         (c)  Beginning July 1, 1996, surety companies for hire

25  which process notary public applications, oaths, affidavits of

26  character, and bonds for submission to the Department of State

27  must properly submit these documents in a software and hard

28  copy format approved by the Department of State.

29         Section 2.  Section 117.03, Florida Statutes, is

30  amended to read:

31         117.03  Administration of oaths.--A notary public may

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  administer an oath and make a certificate thereof when it is

 2  necessary for the execution of any writing or document to be

 3  attested, protested, or published under the seal of a notary

 4  public.  The notary public may not take an acknowledgment of

 5  execution in lieu of an oath if an oath is required.

 6         Section 3.  Section 117.04, Florida Statutes, is

 7  amended to read:

 8         117.04  Marriages; Acknowledgments.--A notary public is

 9  authorized to solemnize the rites of matrimony and to take the

10  acknowledgments of deeds and other instruments of writing for

11  record, as fully as other officers of this state.  For

12  solemnizing the rites of matrimony, the fee of a notary public

13  may not exceed those provided by law to the clerks of the

14  circuit court for like services.

15         Section 4.  Section 117.045, Florida Statutes, is

16  created to read:

17         117.045  Marriages.--A notary public is authorized to

18  solemnize the rites of matrimony. For solemnizing the rites of

19  matrimony, the fee of a notary public may not exceed those

20  provided by law to the clerks of the circuit court for like

21  services.

22         Section 5.  Section 117.05, Florida Statutes, is

23  amended to read:

24         117.05  Use of notary commission; unlawful use; notary

25  fee; seal; duties; employer liability; name change;

26  advertising; photocopies; penalties.--

27         (1)  No person shall obtain or use a notary public

28  commission in other than his or her legal name, and it is

29  unlawful for a notary public to notarize his or her own

30  signature.  Any person applying for a notary public commission

31  must submit proof of identity to the Department of State if so

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  requested.  Any person who violates the provisions of this

 2  subsection is guilty of a felony of the third degree,

 3  punishable as provided in s. 775.082, s. 775.083, or s.

 4  775.084.

 5         (2)  The fee of a notary public may not exceed $10 for

 6  any one notarial act, except as provided in s. 117.045 s.

 7  117.04.

 8         (3)(a)  A notary public seal shall be affixed to all

 9  notarized paper documents and shall be of the rubber stamp

10  type and shall include the words "Notary Public-State of

11  Florida." The seal shall also include the name of the notary

12  public, the date of expiration of the commission of the notary

13  public, and the commission number. The rubber stamp seal must

14  be affixed to the notarized paper document in photographically

15  reproducible black ink. Every notary public shall print, type,

16  or stamp below his or her signature on a paper document his or

17  her name exactly as commissioned.  An impression-type seal may

18  be used in addition to the rubber stamp seal, but the rubber

19  stamp seal shall be the official seal for use on a paper

20  document, and the impression-type seal may not be substituted

21  therefor.

22         (b)  Any notary public whose term of appointment

23  extends beyond January 1, 1992, is required to use a rubber

24  stamp type notary public seal on paper documents only upon

25  reappointment on or after January 1, 1992.

26         (c)  The notary public official seal and the

27  certificate of notary public commission are the exclusive

28  property of the notary public and must be kept under the

29  direct and exclusive control of the notary public. The seal

30  and certificate of commission must not be surrendered to an

31  employer upon termination of employment, regardless of whether

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  the employer paid for the seal or for the commission.

 2         (d)  A notary public whose official seal is lost,

 3  stolen, or believed to be in the possession of another person

 4  shall immediately notify the Department of State or the

 5  Governor in writing.

 6         (e)  Any person who unlawfully possesses a notary

 7  public official seal or any papers or copies relating to

 8  notarial acts is guilty of a misdemeanor of the second degree,

 9  punishable as provided in s. 775.082 or s. 775.083.

10         (4)  When notarizing a signature, a notary public shall

11  complete a jurat or notarial certificate in substantially the

12  same form as those found in s. 117.05(13). The jurat or

13  certificate of acknowledgement shall contain the following

14  elements:

15         (a)  The venue stating the location of the notarization

16  in the format, "State of Florida, County of ............"

17         (b)  The type of notarial act performed, an oath or an

18  acknowledgement, evidenced by the words "sworn" or

19  "acknowledged."

20         (c)  That the signer personally appeared before the

21  notary public at the time of the notarization.

22         (d)  The exact date of the notarial act.

23         (e)  The name of the person whose signature is being

24  notarized. It is presumed, absent such specific notation by

25  the notary public, that notarization is to all signatures.

26         (f)  The specific type of identification the notary

27  public is relying upon in identifying the signer, either based

28  on personal knowledge or satisfactory evidence specified in s.

29  117.05(5).

30         (g)  The notary's official signature.

31         (h)  The notary's name, typed, printed, or stamped

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  below the signature.

 2         (i)  The notary's official seal affixed below or to

 3  either side of the notary's signature. sign and date a

 4  notarial certificate or jurat and shall specify which

 5  signature is being notarized and that the signer personally

 6  appeared before the notary public at the time of notarization.

 7  It is presumed, absent such specific notation by the notary

 8  public, that notarization is to all signatures.

 9         (5)  A notary public may not notarize a signature on a

10  document unless he or she personally knows, or has

11  satisfactory evidence, that the person whose signature is to

12  be notarized is the individual who is described in and who is

13  executing the instrument. A notary public shall certify in the

14  certificate of acknowledgment or jurat the type of

15  identification, either based on personal knowledge or other

16  form of identification, upon which the notary public is

17  relying.

18         (b)  For the purposes of this subsection, "satisfactory

19  evidence" means the absence of any information, evidence, or

20  other circumstances which would lead a reasonable person to

21  believe that the person whose signature is to be notarized

22  making the acknowledgment is not the person he or she claims

23  to be and any one of the following:

24         1.  The sworn written statement of one a credible

25  witness personally known to the notary public or that the

26  person whose signature is to be notarized is personally known

27  to the witness;

28         2.  the sworn written statement of two credible

29  witnesses whose identities are proven to the notary public

30  upon the presentation of satisfactory evidence that each of

31  the following is are true:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1         a.  That the person whose signature is to be notarized

 2  is the person named in the document;

 3         b.  That the person whose signature is to be notarized

 4  is personally known to the witnesses;

 5         c.  That it is the reasonable belief of the witnesses

 6  that the circumstances of the person whose signature is to be

 7  notarized are such that it would be very difficult or

 8  impossible for that person to obtain another acceptable form

 9  of identification;

10         d.  That it is the reasonable belief of the witnesses

11  that the person whose signature is to be notarized does not

12  possess any of the identification documents specified in

13  subparagraph 2.3.; and

14         e.  That the witnesses do not have a financial interest

15  in nor are parties to the underlying transaction; or

16         2.3.  Reasonable reliance on the presentation to the

17  notary public of any one of the following forms of

18  identification, if the document is current or has been issued

19  within the past 5 years and bears a serial or other

20  identifying number:

21         a.  A Florida An identification card or driver's

22  license issued by the public agency authorized to issue

23  driver's licenses Department of Highway Safety and Motor

24  Vehicles;

25         b.  A passport issued by the Department of State of the

26  United States; or

27         c.  A passport issued by a foreign government if

28  Reasonable reliance on the presentation of any one of the

29  following forms of identification, if the document is current

30  or has been issued within the past 5 years and bears a serial

31  or other identifying number, and, if the document is a

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  passport, the document is stamped by the United States

 2  Immigration and Naturalization Service;:

 3         (I)  A passport issued by a foreign government;

 4         d.(II)  A driver's license or an identification card

 5  issued by a public agency authorized to issue driver's

 6  licenses in a state other than Florida, a territory of the

 7  United States, or Canada or Mexico territory of the United

 8  States or a state other than Florida or by a Canadian or

 9  Mexican public agency authorized to issue drivers' licenses;

10         (III)  An identification card issued by a territory of

11  the United States or a state other than Florida;

12         e.(IV)  An identification card issued by any branch of

13  the armed forces of the United States;

14         f.(V)  An inmate identification card issued on or after

15  January 1, 1991, by the Florida Department of Corrections for

16  an inmate who is in the custody of the department; or

17         g.  An inmate identification card issued by the United

18  States Department of Justice, Bureau of Federal Prisons, for

19  an inmate who is in the custody of the department;

20         h.  A sworn, written statement from a sworn law

21  enforcement officer that the forms of identification for an

22  inmate in an institution of confinement were confiscated upon

23  confinement and that the person named in the document is the

24  person whose signature is to be notarized; or

25         i.(VI)  An identification card issued by the United

26  States Department of Justice, Immigration, and Naturalization

27  Service.

28         (6)  A notary public may not notarize a signature on a

29  document if:

30         (a)  The person whose signature is being notarized is

31  not in the presence of the notary public at the time the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  signature is notarized.  Any notary public who violates this

 2  paragraph is guilty of a civil infraction, punishable by

 3  penalty not exceeding $5,000, and that conduct constitutes

 4  malfeasance and misfeasance in the conduct of official duties.

 5  It is no defense to the civil infraction specified in this

 6  paragraph that the notary public acted without intent to

 7  defraud.  A notary public who violates this paragraph with the

 8  intent to defraud is guilty of violating s. 117.105.

 9         (b)  The document is incomplete.  However, an

10  endorsement or assignment in blank of a negotiable or

11  nonnegotiable note and the assignment in blank of any

12  instrument given as security for such note is not deemed

13  incomplete.

14         (c)  The notary public actually knows that the person

15  signing the document has been adjudicated mentally

16  incapacitated, and the notarization relates to a right that

17  has been removed pursuant to s. 744.3215(2) or (3), and that

18  the person has not been restored to capacity as a matter of

19  record.

20         (d)  The person whose signature is to be notarized is

21  the spouse, son, daughter, mother, or father of the notary

22  public.

23         (e)  The notary public has a financial interest in or

24  is a party to the underlying transaction; provided, however, a

25  notary public who is an employee may notarize a signature for

26  his or her employer and this employment is not a financial

27  interest in the transaction nor is he or she a party to the

28  transaction under this subsection unless he or she receives a

29  benefit other than salary and any fee for services authorized

30  by law.  For purposes of this paragraph, a notary public who

31  is an attorney does not have a financial interest in and is

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  not a party to the underlying transaction evidenced by a

 2  notarized document if he or she notarizes a signature on that

 3  document for a client for whom he or she serves as an attorney

 4  of record and the attorney has no interest in the document

 5  other than a fee paid to him or her for legal services and any

 6  fee authorized by law for services as a notary public.

 7         (6)(7)  The employer of a notary public shall be liable

 8  to the persons involved for all damages proximately caused by

 9  the notary's official misconduct, if the notary public was

10  acting within the scope of his or her employment at the time

11  the notary engaged in the official misconduct.

12         (7)(8)  Any person who acts as or otherwise willfully

13  impersonates a notary public while not lawfully appointed and

14  commissioned to perform notarial acts is guilty of a

15  misdemeanor of the second degree, punishable as provided in s.

16  775.082 or s. 775.083.

17         (9)  Any person who unlawfully possesses a notary

18  public official seal or any papers or copies relating to

19  notarial acts is guilty of a misdemeanor of the second degree,

20  punishable as provided in s. 775.082 or s. 775.083.

21         (8)(10)  Any notary public who knowingly acts as a

22  notary public after his or her commission has expired is

23  guilty of a misdemeanor of the second degree, punishable as

24  provided in s. 775.082 or s. 775.083.

25         (9)(11)  Any notary public who lawfully changes his or

26  her name shall, within 60 days after such change, forthwith

27  request an amended commission from the Secretary of State and

28  shall send $25, his or her current commission, and a notice of

29  change form, obtained from the Secretary of State, which shall

30  include the new name and contain a specimen of his or her

31  official signature.  The Secretary of State shall issue an

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  amended commission to the notary public in the new name.  A

 2  rider to the notary public's bond must accompany the notice of

 3  change form. After submitting the required notice of change

 4  form and rider to the Secretary of State requesting an amended

 5  commission, the notary public may continue to perform notarial

 6  acts in his or her former name for 60 days or until receipt of

 7  the amended commission, whichever date is earlier.

 8         (12)  Any notary public who loses or misplaces his or

 9  her notary public seal of office shall forthwith mail or

10  deliver notice of the fact to the Secretary of State.

11         (10)(13)  A notary public who is not an attorney who

12  advertises the services of a notary public in a language other

13  than English, whether by radio, television, signs, pamphlets,

14  newspapers, or other written communication, with the exception

15  of a single desk plaque, shall post or otherwise include with

16  the advertisement a notice in English and in the language used

17  for the advertisement.  The notice shall be of a conspicuous

18  size, if in writing, and shall state:  "I AM NOT AN ATTORNEY

19  LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY

20  NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If the

21  advertisement is by radio or television, the statement may be

22  modified but must include substantially the same message.

23         (11)(14)  Literal translation of the phrase "Notary

24  Public" into a language other than English is prohibited in an

25  advertisement for notarial services.

26         (12)(15)(a)  A notary public may supervise the making

27  of a photocopy of an original document and attest to the

28  trueness of the copy, provided the document is neither a vital

29  record in this state, another state, a territory of the United

30  States, or another country, nor a public record, if a copy can

31  be made by the custodian of the public record.  A notary

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  public may not supervise the making of a photocopy and may not

 2  attest to the trueness of a photocopy of a public record if a

 3  copy can be made by another public official.

 4         (b)  A notary public must use a certificate in

 5  substantially the following form in notarizing an attested

 6  copy:

 7

 8  STATE OF FLORIDA

 9  COUNTY OF ........

10

11  On this .... day of ........, ...(year)...19...., I attest

12  that the preceding or attached document is a true, exact,

13  complete, and unaltered photocopy made by me of

14  ...(description of document)... presented to me by the

15  document's custodian, ................, and, to the best of my

16  knowledge, that the photocopied document is neither a vital

17  public record nor a public record publicly recordable

18  document, certified copies of which are available from an

19  official source other than a notary public.

20

21               ...(Official Notary Signature and Notary Seal)...

22                ...(Name of Notary Typed, Printed or Stamped)...

23

24         (13)(16)  The following notarial form certificates are

25  sufficient for the purposes indicated, if completed with the

26  information required by this chapter.  The specification of

27  forms under this subsection does not preclude the use of other

28  forms.

29         (a)  For an oath or affirmation:

30

31  STATE OF FLORIDA

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  COUNTY OF ........

 2

 3                                  ...(Signature of Applicant)...

 4         Sworn to (or affirmed) and subscribed before me this

 5  .... day of ........, ...(year)......... 19...., by ...(name

 6  of person making statement)....

 7

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

 9           ...(Print, Type, or Stamp Commissioned Name of Notary

10  Public)...

11         Personally Known ........ OR Produced Identification

12  ........

13         Type of Identification Produced........................

14

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

16

17  STATE OF FLORIDA

18  COUNTY OF ........

19

20  The foregoing instrument was acknowledged before me this ....

21  day of ........, ...(year)......... 19 ........, by ...(name

22  of person acknowledging)...

23

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

25           ...(Print, Type, or Stamp Commissioned Name of Notary

26  Public)...

27         Personally Known ........ OR Produced Identification

28  ........

29         Type of Identification Produced........................

30

31         (c)  For an acknowledgment in a representative

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  capacity:

 2

 3  STATE OF FLORIDA

 4  COUNTY OF ........

 5

 6  The foregoing instrument was acknowledged before me this ....

 7  day of ........, ...(year)......... 19 ........, by ...(name

 8  of person)... as ...(type of authority, . . .  e.g. officer,

 9  trustee, attorney in fact)... for ...(name of party on behalf

10  of whom instrument was executed)...

11

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

13           ...(Print, Type, or Stamp Commissioned Name of Notary

14  Public)...

15         Personally Known ........ OR Produced Identification

16  ........

17         Type of Identification Produced........................

18

19         (14)  A notary public must make reasonable

20  accommodations to provide notarial services to persons with

21  disabilities.

22         (a)  A notary public may notarize the signature of a

23  person who is blind after the notary public has read the

24  entire instrument to that person.

25         (b)  A notary public may notarize the signature of a

26  person who signs with a mark if:

27         1.  The document signing is witnessed by two

28  disinterested persons;

29         2.  The notary prints the person's first name at the

30  beginning of the designated signature line and the person's

31  last name at the end of the designated signature line; and

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1         3.  The notary prints the words "his (or her) mark"

 2  below the person's signature mark.

 3         (c)  The following notarial certificates are sufficient

 4  for the purpose of notarizing for a person who signs with a

 5  mark:

 6         1.  For an oath or affirmation:

 7

 8                             ...(First Name)......(Last Name)...

 9                                         ...His (or her) Mark...

10

11  STATE OF FLORIDA

12  COUNTY OF ........

13

14  Sworn to and subscribed before me this .... day of ........,

15  ...(year)..., by ...(name of person making statement)..., who

16  signed with a mark in the presence of these witnesses:

17

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

19

20         ...(Print, Type, or Stamp Commissioned Name of Notary

21  Public)...

22         Personally Known ........ OR Produced Identification

23  ........

24         Type of Identification Produced........................

25

26         2.  For an acknowledgment in an individual capacity:

27

28                             ...(First Name)......(Last Name)...

29                                         ...His (or her) Mark...

30

31  STATE OF FLORIDA

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  COUNTY OF ........

 2

 3  The foregoing instrument was acknowledged before me this ....

 4  day of ........, ...(year)..., by ...(name of person

 5  acknowledging)..., who signed with a mark in the presence of

 6  these witnesses:

 7

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

 9

10         ...(Print, Type, or Stamp Commissioned Name of Notary

11  Public)...

12         Personally Known ........ OR Produced Identification

13  ........

14         Type of Identification Produced........................

15

16         (d)  A notary public may sign the name of a person

17  whose signature is to be notarized when that person is

18  physically unable to sign or make a signature mark on a

19  document if:

20         1.  The person with a disability directs the notary to

21  sign in his or her presence;

22         2.  The document signing is witnessed by two

23  disinterested persons;

24         3.  The notary writes below the signature the following

25  statement: "Signature affixed by notary, pursuant to s.

26  117.05(14), Florida Statutes," and states the circumstances of

27  the signing in the notarial certificate.

28         (e)  The following notarial certificates are sufficient

29  for the purpose of notarizing for a person with a disability

30  who directs the notary to sign his or her name:

31

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1         1.  For an oath or affirmation:

 2

 3  STATE OF FLORIDA

 4  COUNTY OF ........

 5

 6  Sworn to (or affirmed) before me this .... day of ........,

 7  ...(year)..., by ...(name of person making statement)..., and

 8  subscribed by ...(name of notary)... at the direction of and

 9  in the presence of ...(name of person making statement)...,

10  and in the presence of these witnesses:

11

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

13

14         ...(Print, Type, or Stamp Commissioned Name of Notary

15  Public)...

16         Personally Known ........ OR Produced Identification

17  ........

18         Type of Identification Produced........................

19

20         2.  For an acknowledgment in an individual capacity:

21

22  STATE OF FLORIDA

23  COUNTY OF ........

24

25  The foregoing instrument was acknowledged before me this ....

26  day of ........, ...(year)..., by ...(name of person

27  acknowledging)...and subscribed by ...(name of notary)... at

28  the direction of and in the presence of ...(name of person

29  acknowledging)..., and in the presence of these witnesses:

30

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

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1

 2         ...(Print, type, or Stamp Commissioned Name of Notary

 3  Public)...

 4         Personally Known ........ OR Produced Identification

 5  ........

 6         Type of Identification Produced........................

 7

 8         Section 6.  Section 117.10, Florida Statutes, is

 9  amended to read:

10         117.10  Law enforcement officers and correctional

11  officers.--Law enforcement officers, correctional officers,

12  and correctional probation officers, as defined in s. 943.10,

13  and traffic accident investigation officers, as described in

14  s. 316.640, and traffic infraction enforcement officers, as

15  described in s. 316.640 318.141, are authorized to administer

16  oaths notaries public when engaged in the performance of

17  official duties. Sections 117.01, 117.04, 117.045, 117.05, and

18  117.103 do not apply to the provisions of this section.  An

19  officer may not notarize his or her own signature.

20         Section 7.  Section 117.103, Florida Statutes, is

21  amended to read:

22         117.103  Certification of notary's authority by

23  Secretary of State.--A notary public is not required to record

24  his or her notary public commission in an office of a clerk of

25  the circuit court. If certification of the notary public's

26  commission is required, it must be obtained from the Secretary

27  of State. Upon the receipt of a written request, the notarized

28  document, and a fee of $10 payable to the Secretary of State,

29  the Secretary of State shall provide a certificate of notarial

30  authority.  Documents destined for countries participating in

31  an International Treaty called the Hague Convention require an

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  Apostille, and that requirement shall be determined by the

 2  Secretary of State.

 3         Section 8.  Section 117.107, Florida Statutes, is

 4  amended to read:

 5         117.107  Prohibited acts.--

 6         (1)  A notary public may not use a name or initial in

 7  signing certificates other than that by which the notary

 8  public is commissioned.

 9         (2)  A notary public may not sign notarial certificates

10  using a facsimile signature stamp unless the notary public has

11  a physical disability that limits or prohibits his or her

12  ability to make a written signature and unless the notary

13  public has first submitted written notice to the Department of

14  State with an exemplar of the facsimile signature stamp. A

15  notary public may not acknowledge an instrument in which the

16  notary public's name appears as a party to the transaction.

17         (3)  A notary public may not affix his or her signature

18  to a blank form of affidavit or certificate of acknowledgment

19  and deliver that form to another person with the intent that

20  it be used as an affidavit or acknowledgment.

21         (4)  A notary public may not take the acknowledgment of

22  or administer an oath to a person whom the notary public

23  actually knows to have been adjudicated adjudged mentally

24  incapacitated by a court of competent jurisdiction, where the

25  acknowledgment or oath necessitates the exercise of a right

26  that has been removed pursuant to s. 744.3215(2) or (3), and

27  where the person has not been restored to capacity as a matter

28  of record.

29         (5)  A notary public may not notarize a signature on a

30  document if it appears that the person is mentally incapable

31  of understanding the nature and effect of the document at the

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  time of notarization. A notary public may not take the

 2  acknowledgment of a person who is blind until the notary

 3  public has read the instrument to such person.

 4         (6)  A notary public may not take the acknowledgment of

 5  a person who does not speak or understand the English

 6  language, unless the nature and effect of the instrument to be

 7  notarized is translated into a language which the person does

 8  understand.

 9         (7)  A notary public may not change anything in a

10  written instrument after it has been signed by anyone.

11         (8)  A notary public may not amend a notarial

12  certificate after the notarization is complete.

13         (9)  A notary public may not notarize a signature on a

14  document if the person whose signature is being notarized is

15  not in the presence of the notary public at the time the

16  signature is notarized. Any notary public who violates this

17  subsection is guilty of a civil infraction, punishable by

18  penalty not exceeding $5,000, and such violation constitutes

19  malfeasance and misfeasance in the conduct of official duties.

20  It is no defense to the civil infraction specified in this

21  subsection that the notary public acted without intent to

22  defraud. A notary public who violates this subsection with the

23  intent to defraud is guilty of violating s. 117.105.

24         (10)  A notary public may not notarize a signature on a

25  document if the document is incomplete or blank. However, an

26  endorsement or assignment in blank of a negotiable or

27  nonnegotiable note and the assignment in blank of any

28  instrument given as security for such note is not deemed

29  incomplete.

30         (11)  A notary public may not notarize a signature on a

31  document if the person whose signature is to be notarized is

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  the spouse, son, daughter, mother, or father of the notary

 2  public.

 3         (12)  A notary public may not notarize a signature on a

 4  document if the notary public has a financial interest in or

 5  is a party to the underlying transaction; however, a notary

 6  public who is an employee may notarize a signature for his or

 7  her employer, and this employment does not constitute a

 8  financial interest in the transaction nor make the notary a

 9  party to the transaction under this subsection as long as he

10  or she does not receive a benefit other than his or her salary

11  and the fee for services as a notary public authorized by law.

12  For purposes of this subsection, a notary public who is an

13  attorney does not have a financial interest in and is not a

14  party to the underlying transaction evidenced by a notarized

15  document if he or she notarizes a signature on that document

16  for a client for whom he or she serves as an attorney of

17  record and he or she has no interest in the document other

18  than the fee paid to him or her for legal services and the fee

19  authorized by law for services as a notary public.

20         Section 9.  Section 117.20, Florida Statutes, is

21  amended to read:

22         117.20  Electronic notarization.--

23         (1)  The provisions of ss. 117.01, 117.03, 117.04,

24  117.05(1)-(11), (13), and (14) 117.05(1)-(14) and (16),

25  117.105, and 117.107 apply to all notarizations under this

26  section except as set forth in this section.

27         (2)  An electronic notarization shall include the words

28  "Notary Public - State of Florida," the name of the notary

29  public, exactly as commissioned, the date of expiration of the

30  commission of the notary public, the commission number, and

31  the notary's digital signature.  Neither a rubber stamp seal

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  nor an impression-type seal is required for an electronic

 2  notarization.

 3         (3)  Any notary public who seeks to perform electronic

 4  notarizations and obtains a certificate from any certification

 5  authority, as defined in s. 282.72(2), and who is licensed in

 6  the state shall request an amended commission from the

 7  Secretary of State as set forth in s. 117.05(9) s. 117.05(11).

 8  The Secretary of State shall issue an amended commission to

 9  the notary public indicating that the notary is a subscriber

10  to the certification authority identified in the notary's

11  request for an amended commission.  After requesting an

12  amended commission, the notary public may continue to perform

13  notarial acts, but may not use his or her digital signature in

14  the performance of notarial acts until receipt of the amended

15  commission.  Any fees collected from such amended commissions

16  shall be used to fund the Secretary of State's administration

17  of electronic notary commissions.

18         (4)  If the notary public's private key corresponding

19  to his or her public key has been compromised, the notary

20  public shall immediately notify the Secretary of State in

21  writing of the breach of security and shall request the

22  issuing certification authority to suspend or revoke the

23  certificate.

24         (5)  A notary public shall keep a sequential journal of

25  all acts performed as a notary public under the provisions of

26  this section.

27         (a)  The journal must include, at a minimum, for every

28  notarial act, the date and time of the notarial act, the type

29  of notarial act, the type or name of the document, the

30  signer's printed name and signature, the signer's complete

31  address and telephone number, and the specific type of

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  identification presented by the signer, including both its

 2  serial number and its expiration date.

 3         (b)  When requested in writing by the Governor's Office

 4  or Department of State, the notary public must provide the

 5  journal for inspection. The notary public must retain the

 6  journal for safekeeping for at least five years beyond the

 7  date of the last notarial act recorded in the journal.

 8         (c)  If the notary public journal is stolen, lost,

 9  misplaced, destroyed, or rendered unusable within the time

10  period specified in paragraph (b), the notary public must

11  immediately notify the Governor's Office or the Department of

12  State in writing of the circumstances of the incident.

13         (6)(5)  Failure to comply with this section constitutes

14  grounds for suspension from office by the Governor.

15         Section 10.  Section 118.10, Florida Statutes, is

16  amended to read:

17         118.10  Florida international notary.--

18         (1)  As used in this section, the term:

19         (a)  "Authentic act" "Authentication instrument" means

20  an instrument executed by a Florida international notary

21  referencing this section, which includes the particulars and

22  capacities to act of transacting parties, a confirmation of

23  the full text of the instrument, the signatures of the parties

24  or legal equivalent thereof, and the signature and seal of a

25  Florida international notary as prescribed by the Florida

26  Secretary of State for use in a jurisdiction outside the

27  borders of the United States.

28         (b)  "Florida international notary" means a person who

29  is a member in good standing of The Florida Bar admitted to

30  the practice of law in this state, who has practiced law for

31  at least 5 years, and who is appointed by the Secretary of

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  State as a Florida international notary.

 2         (c)  "Protocol" means a registry maintained by a

 3  Florida international notary in which the acts of the Florida

 4  international notary are archived.

 5         (2)  The Secretary of State shall have the power to

 6  appoint Florida international notaries and administer this

 7  section.

 8         (3)  A Florida international notary is authorized to

 9  issue authentication instruments for use in non-United States

10  jurisdictions. A Florida international notary is not

11  authorized to issue authentic acts authentication instruments

12  for use in a non-United States jurisdiction if the United

13  States Department of State has determined that the

14  jurisdiction does not have diplomatic relations with the

15  United States or is a terrorist country, or if trade with the

16  jurisdiction is prohibited under the Trading With the Enemy

17  Act of 1917, as amended, 50 U.S.C. ss. 1, et seq.

18         (4)  The authentication instruments of a Florida

19  international notary shall not be considered authentication

20  instruments within the borders of the United States and shall

21  have no consequences or effects as authentication instruments

22  in the United States.

23         (4)(5)  The authentic acts authentication instruments

24  of a Florida international notary shall be recorded in the

25  Florida international notary's protocol in a manner prescribed

26  by the Secretary of State.

27         (5)(6)  The Secretary of State may adopt rules

28  prescribing:

29         (a)  The form and content of signatures and seals or

30  their legal equivalents for authentic acts authentication

31  instruments;

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1         (b)  Procedures for the permanent archiving of

 2  authentic acts authentication instruments;

 3         (c)  The charging of reasonable fees to be retained by

 4  the Secretary of State for the purpose of administering this

 5  section;

 6         (d)  Educational requirements and procedures for

 7  testing applicants' knowledge of the effects and consequences

 8  associated with authentic acts authentication instruments in

 9  jurisdictions outside the United States;

10         (e)  Procedures for the disciplining of Florida

11  international notaries, including the suspension and

12  revocation of appointments for misrepresentation or fraud

13  regarding the Florida international notary's authority, the

14  effect of the Florida international notary's authentic acts

15  authentication instruments, or the identities or acts of the

16  parties to a transaction; and

17         (f)  Other matters necessary for administering this

18  section.

19         (6)(7)  The Secretary of State shall not regulate,

20  discipline or attempt to discipline, or establish any

21  educational requirements for any Florida international notary

22  for, or with regard to, any action or conduct that would

23  constitute the practice of law in this state, except by

24  agreement with The Florida Bar.  The Secretary of State shall

25  not establish as a prerequisite to the appointment of a

26  Florida international notary any test containing any question

27  that inquires of the applicant's knowledge regarding the

28  practice of law in the United States, except by agreement with

29  The Florida Bar.

30         (7)(8)  This section shall not be construed as

31  abrogating the provisions of any other act relating to

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  notaries public, attorneys, or the practice of law in this

 2  state.

 3         Section 11.  Subsection (1) of section 11.03, Florida

 4  Statutes, is amended to read:

 5         11.03  Proof of publication of notice.--

 6         (1)  Affidavit of proof of publication of such notice

 7  of intention to apply therefor, may be made, in substantially

 8  the following general form, but such form shall not be

 9  exclusive:

10

11  STATE OF FLORIDA

12  COUNTY OF ....

13         Before the undersigned authority personally appeared

14  ...., who on oath does solemnly swear (or affirm) that she or

15  he has knowledge of the matters stated herein; that a notice

16  stating the substance of a contemplated law or proposed bill

17  relating to

18                    ...(here identify bill)...

19  has been published at least 30 days prior to this date, by

20  being printed in the issues of ...(here state day, month and

21  year of issue or issues)... of the ...., a newspaper or

22  newspapers published in .... County or Counties, Florida (or)

23  there being no newspaper, by being posted for at least 30 days

24  prior to this date at three public places in .... County or

25  Counties, one of which places was at the courthouse of said

26  county or counties, where the matter or thing to be affected

27  by the contemplated law is situated; that a copy of the notice

28  that has been published as aforesaid and also this affidavit

29  of proof of publication are attached to the proposed bill or

30  contemplated law, and such copy of the notice so attached is

31  by reference made a part of this affidavit.

                                  28
    2:26 PM   04/16/98                              h1125c1c-13c6y




                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  ..............................................................

 2

 3         Sworn to (or affirmed) and subscribed before me this

 4  .... day of ........, ...(year)..., by ...(name of person

 5  making statement)..........

 6

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

 8           ...(Print, Type, or Stamp Commissioned Name of Notary

 9  Public)...

10         Personally Known ........ OR Produced Identification

11  ........

12         Type of Identification Produced........................

13

14  Sworn to and subscribed before me this .... 19....

15         (SEAL)

16  ...(Signature)...

17  Notary Public, State of Florida.

18  My commission expires ....

19

20         Section 12.  Paragraph (a) of subsection (2) of section

21  475.180, Florida Statutes, is amended to read:

22         475.180  Nonresident licenses.--

23         (2)(a)  Any applicant who is not a resident of this

24  state shall file an irrevocable consent that suits and actions

25  may be commenced against her or him in any county of this

26  state in which a plaintiff having a cause of action or suit

27  against her or him resides, and that service of any process or

28  pleading in suits or actions against her or him may be made by

29  delivering the process or pleading to the director of the

30  Division of Real Estate by certified mail, return receipt

31  requested, and also to the licensee by registered mail

                                  29
    2:26 PM   04/16/98                              h1125c1c-13c6y




                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  addressed to the licensee at her or his designated principal

 2  place of business. Service, when so made, must be taken and

 3  held in all courts to be as valid and binding upon the

 4  licensee as if made upon her or him in this state within the

 5  jurisdiction of the court in which the suit or action is

 6  filed. The irrevocable consent must be in a form prescribed by

 7  the department and be acknowledged before by a notary public.

 8         Section 13.  Subsection (3) of section 713.08, Florida

 9  Statutes, is amended to read:

10         713.08  Claim of lien.--

11         (3)  The claim of lien shall be sufficient if it is in

12  substantially the following form:

13

14                          CLAIM OF LIEN

15  State of ....

16  County of ....

17         Before me, the undersigned notary public, personally

18  appeared ...., who was duly sworn and says that she or he is

19  (the lienor herein) (the agent of the lienor herein ....),

20  whose address is ....; and that in accordance with a contract

21  with ...., lienor furnished labor, services, or materials

22  consisting of .... on the following described real property in

23  .... County, Florida:

24

25               (Legal description of real property)

26

27  owned by .... of a total value of $...., of which there

28  remains unpaid $...., and furnished the first of the items on

29  ...., ...(year)......... 19...., and the last of the items on

30  ...., ...(year)......... 19....; and (if the lien is claimed

31  by one not in privity with the owner) that the lienor served

                                  30
    2:26 PM   04/16/98                              h1125c1c-13c6y




                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  her or his notice to owner on ...., ...(year)......... 19....,

 2  by ....; and (if required) that the lienor served copies of

 3  the notice on the contractor on ...., ...(year).........

 4  19...., by .... and on the subcontractor, ...., on ....,

 5  ...(year)......... 19...., by .....

 6                                               ...(Signature)...

 7         Sworn to (or affirmed) and subscribed before me this

 8  .... day of ........, ...(year)..., by ...(name of person

 9  making statement)..........

10

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

12           ...(Print, Type, or Stamp Commissioned Name of Notary

13  Public)...

14         Personally Known ........ OR Produced Identification

15  ........

16         Type of Identification Produced........................

17

18  Sworn to and subscribed before me this .... day of ....,

19  19.....

20  ...(Notary Public)...              My commission expires: ....

21

22         Section 14.  Paragraph (d) of subsection (1) of section

23  713.13, Florida Statutes, is amended to read:

24         713.13  Notice of commencement.--

25         (1)

26         (d)  A notice of commencement must be in substantially

27  the following form:

28

29  Permit No.....                               Tax Folio No.....

30                      NOTICE OF COMMENCEMENT

31  State of....

                                  31
    2:26 PM   04/16/98                              h1125c1c-13c6y




                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  County of....

 2

 3  The undersigned hereby gives notice that improvement will be

 4  made to certain real property, and in accordance with Chapter

 5  713, Florida Statutes, the following information is provided

 6  in this Notice of Commencement.

 7         1.  Description of property:  ...(legal description of

 8  the property, and street address if available)....

 9         2.  General description of improvement:.....

10         3.  Owner information:.....

11         a.  Name and address:.....

12         b.  Interest in property:.....

13         c.  Name and address of fee simple titleholder (if

14  other than Owner):.....

15         4.  Contractor:  ...(name and address)....

16         a.  Phone number:.....

17         b.  Fax number:....(optional, if service by fax is

18  acceptable).

19         5.  Surety

20         a.  Name and address:.....

21         b.  Phone number:.....

22         c.  Fax number:....(optional, if service by fax is

23  acceptable).

24         d.  Amount of bond: $.....

25         6.  Lender:  ...(name and address)....

26         a.  Phone number:.....

27         b.  Fax number:....(optional, if service by fax is

28  acceptable).

29         7.  Persons within the State of Florida designated by

30  Owner upon whom notices or other documents may be served as

31  provided by Section 713.13(1)(a)7., Florida Statutes:

                                  32
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  ...(name and address)....

 2         a.  Phone number:.....

 3         b.  Fax number:....(optional, if service by fax is

 4  acceptable).

 5         8.  In addition to himself or herself, Owner designates

 6  ............ of ............ to receive a copy of the Lienor's

 7  Notice as provided in Section 713.13(1)(b), Florida Statutes.

 8         a.  Phone number:.....

 9         b.  Fax number:....(optional, if service by fax is

10  acceptable).

11         9.  Expiration date of notice of commencement (the

12  expiration date is 1 year from the date of recording unless a

13  different date is specified).....

14

15                                      ...(Signature of Owner)...

16

17         Sworn to (or affirmed) and subscribed before me this

18  .... day of ........, ...(year)..., by ...(name of person

19  making statement)..........

20

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

22           ...(Print, Type, or Stamp Commissioned Name of Notary

23  Public)...

24         Personally Known ........ OR Produced Identification

25  ........

26         Type of Identification Produced........................

27

28  Sworn to and subscribed before me this .... day of ....,

29  19.....

30

31  ...(Notary Public)...              My Commission Expires:.....

                                  33
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1

 2         Section 15.  Subsection (7) of section 713.135, Florida

 3  Statutes, is amended to read:

 4         713.135  Notice of commencement and applicability of

 5  lien.--

 6         (7)  In addition to any other information required by

 7  the authority issuing the permit, the building permit

 8  application must be in substantially the following form:

 9

10                                           Tax Folio No.........

11                   BUILDING PERMIT APPLICATION

12

13  Owner's Name..................................................

14  Owner's Address...............................................

15  Fee Simple Titleholder's Name (If other than owner)...........

16  Fee Simple Titleholder's Address (If other than owner)........

17  City..........................................................

18  State............ Zip............

19  Contractor's Name.............................................

20  Contractor's Address..........................................

21  City..........................................................

22  State............ Zip............

23  Job Name......................................................

24  Job Address...................................................

25  City................                        County............

26  Legal Description.............................................

27  Bonding Company...............................................

28  Bonding Company Address.......................................

29  City................ State............

30  Architect/Engineer's Name.....................................

31  Architect/Engineer's Address..................................

                                  34
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  Mortgage Lender's Name........................................

 2  Mortgage Lender's Address.....................................

 3

 4         Application is hereby made to obtain a permit to do the

 5  work and installations as indicated.  I certify that no work

 6  or installation has commenced prior to the issuance of a

 7  permit and that all work will be performed to meet the

 8  standards of all laws regulating construction in this

 9  jurisdiction.  I understand that a separate permit must be

10  secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS,

11  FURNACES, BOILERS, HEATERS, TANKS, and AIR CONDITIONERS, etc.

12

13  OWNER'S AFFIDAVIT:  I certify that all the foregoing

14  information is accurate and that all work will be done in

15  compliance with all applicable laws regulating construction

16  and zoning.

17

18         WARNING TO OWNER:  YOUR FAILURE TO RECORD A

19         NOTICE OF COMMENCEMENT MAY RESULT IN YOUR

20         PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.

21

22         IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH

23         YOUR LENDER OR AN ATTORNEY BEFORE RECORDING

24         YOUR NOTICE OF COMMENCEMENT.

25                     ...(Signature of Owner or Agent)...

26                      ...(including contractor).........

27  STATE OF FLORIDA

28  COUNTY OF ........

29

30         Sworn to (or affirmed) and subscribed before me this

31  .... day of ........, ...(year)..., by ...(name of person

                                  35
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  making statement)..........

 2

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

 4           ...(Print, Type, or Stamp Commissioned Name of Notary

 5  Public)...

 6         Personally Known ........ OR Produced Identification

 7  ........

 8         Type of Identification Produced........................

 9                                 ...(Signature of Contractor)...

10

11  STATE OF FLORIDA

12  COUNTY OF ........

13

14         Sworn to (or affirmed) and subscribed before me this

15  .... day of ........, ...(year)..., by ...(name of person

16  making statement)..........

17

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

19           ...(Print, Type, or Stamp Commissioned Name of Notary

20  Public)...

21         Personally Known ........ OR Produced Identification

22  ........

23         Type of Identification Produced........................

24

25  Signature....                   Signature....

26  Owner or Agent                  Contractor

27  (including contractor)

28

29  Date....                        Date....

30

31  NOTARY as                       NOTARY as

                                  36
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  to Owner or Agent....           to Contractor....

 2  My Commission Expires:....      My Commission Expires:....

 3

 4                (Certificate of Competency Holder)

 5

 6  Contractor's State Certification or Registration No.....

 7

 8  Contractor's Certificate of Competency No.........

 9

10  APPLICATION APPROVED BY................Permit Officer

11

12         Section 16.  Subsections (4), (6), and (8) of section

13  713.245, Florida Statutes, are amended to read:

14         713.245  Conditional payment bond.--

15         (4)  Within 90 days after a claim of lien is recorded

16  for labor, services, or materials for which the contractor has

17  been paid, the owner or the contractor may record a notice of

18  bond as specified in s. 713.23(2), together with a copy of the

19  bond and a sworn statement in substantially the following

20  form:

21

22             CERTIFICATE OF PAYMENT TO THE CONTRACTOR

23

24  TO: Lienor ...(name and address from claim of lien)...

25  Contractor ...(name and address)...

26  Surety ...(name and address)...

27

28         Under penalties of perjury, the undersigned certifies

29  that the bond recorded with this certificate conforms with s.

30  713.245, F.S., that the bond is in full force and effect, and

31  that the contractor has been paid $.... for the labor,

                                  37
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  services, and materials described in the Claim of Lien filed

 2  by ........ dated ...., ...(year)......... 19...., and

 3  recorded ........, ...(year)......... 19...., in Official

 4  Records Book .... at Page .... of the Public Records of

 5  ........ County, Florida.

 6

 7         Dated this .... day of ........, ...(year).........

 8  19.....

 9                                                   ...(Owner)...

10                                                 ...(Address)...

11                                                    ............

12                                                    ............

13

14  STATE OF FLORIDA

15  COUNTY OF ........

16

17         Sworn to (or affirmed) and subscribed before me this

18  .... day of ........, ...(year)..., by ...(name of person

19  making statement)..........

20

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

22           ...(Print, Type, or Stamp Commissioned Name of Notary

23  Public)...

24         Personally Known ........ OR Produced Identification

25  ........

26         Type of Identification Produced........................

27

28  Sworn to and subscribed before me,

29  the undersigned authority, this

30  .... day of ...., 19.....

31

                                  38
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  ...(Name)...

 2  NOTARY PUBLIC

 3  My Commission Expires:

 4                                              ...(Contractor)...

 5                                                 ...(Address)...

 6                                                    ............

 7                                                    ............

 8

 9  STATE OF FLORIDA

10  COUNTY OF ........

11

12         Sworn to (or affirmed) and subscribed before me this

13  .... day of ........, ...(year)..., by ...(name of person

14  making statement)..........

15

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

17           ...(Print, Type, or Stamp Commissioned Name of Notary

18  Public)...

19         Personally Known ........ OR Produced Identification

20  ........

21         Type of Identification Produced........................

22

23  Sworn to and subscribed before me,

24  the undersigned authority, this

25  .... day of ...., 19.....

26

27  ...(Name)...

28  NOTARY PUBLIC

29  My Commission Expires:

30

31  Any notice of bond recorded more than 90 days after the

                                  39
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  recording of the claim of lien shall have no force or effect

 2  as to that lien unless the owner, the contractor and the

 3  surety all sign the notice of bond.

 4         (6)  The contractor may join in a certificate of

 5  payment to the contractor at any time by recording a sworn

 6  statement substantially in the following form:

 7

 8                JOINDER IN CERTIFICATE OF PAYMENT

 9

10  TO: Owner ...(name and address from certificate of payment)...

11  Lienor ...(name and address from claim of lien)...

12  Surety ...(name and address)...

13

14  The undersigned joins in the Certificate of Payment to the

15  Contractor recorded on ........, ...(year)......... 19...., in

16  Official Records Book .... at Page .... of the Public Records

17  of ........ County, Florida, and certifies that the facts

18  stated in the Certificate of Payment to the Contractor are

19  true and correct.

20

21         Dated this .... day of ........, ...(year).........

22  19.....

23                                                    ...(Name)...

24                                                 ...(Address)...

25                                                    ............

26                                                    ............

27

28  STATE OF FLORIDA

29  COUNTY OF ........

30

31         Sworn to (or affirmed) and subscribed before me this

                                  40
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  .... day of ........, ...(year),..., by ...(name of person

 2  making statement)..........

 3

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

 5           ...(Print, Type, or Stamp Commissioned Name of Notary

 6  Public)...

 7         Personally Known ........ OR Produced Identification

 8  ........

 9         Type of Identification Produced........................

10

11  Sworn to and subscribed before me,

12  the undersigned authority, this

13  .... day of ...., 19.....

14

15  ...(Name)...

16  NOTARY PUBLIC

17  My Commission Expires:

18

19         (8)  If the contractor disputes the certificate of

20  payment to the contractor, the contractor must record, not

21  later than 15 days after the date the clerk certifies service

22  of the certificate, a sworn statement in substantially the

23  following form:

24

25                   NOTICE OF CONTEST OF PAYMENT

26

27  TO: Owner ...(name and address from certificate of payment)...

28  Lienor ...(name and address from claim of lien)...

29  Surety ...(name and address)...

30

31         Under penalties of perjury, the undersigned certifies

                                  41
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  that the contractor has not been paid or has only been paid

 2  $.... for the labor, services, and materials described in the

 3  Certificate of Payment to the Contractor recorded in Official

 4  Records Book .... at Page .... of the Public Records of

 5  ........ County, Florida.

 6

 7         Dated this .... day of ........, ...(year).........

 8  19.....

 9                                                    ...(Name)...

10                                                 ...(Address)...

11                                                    ............

12                                                    ............

13

14  STATE OF FLORIDA

15  COUNTY OF ........

16

17         Sworn to (or affirmed) and subscribed before me this

18  .... day of ........, ...(year)..., by ...(name of person

19  making statement)..........

20

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

22           ...(Print, Type, or Stamp Commissioned Name of Notary

23  Public)...

24         Personally Known ........ OR Produced Identification

25  ........

26         Type of Identification Produced........................

27

28  Sworn to and subscribed before me,

29  the undersigned authority, this

30  .... day of ...., 19.....

31

                                  42
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  ...(Name)...

 2  NOTARY PUBLIC

 3  My Commission Expires:

 4

 5         Section 17.  Paragraph (b) of subsection (1) of section

 6  727.104, Florida Statutes, is amended to read:

 7         727.104  Commencement of proceedings.--

 8         (1)

 9         (b)  The assignment shall be in substantially the

10  following form:

11

12                            ASSIGNMENT

13

14  ASSIGNMENT, made this .... day of ...., ...(year).........

15  19...., between ...., with a principal place of business at

16  ...., hereinafter "assignor," and ...., whose address is ....,

17  hereinafter "assignee."

18         WHEREAS, the assignor has been engaged in the business

19  of ........;

20         WHEREAS, the assignor is indebted to creditors, as set

21  forth in Schedule A annexed hereto, is unable to pay its debts

22  as they become due, and is desirous of providing for the

23  payment of its debts, so far as it is possible by an

24  assignment of all of its assets for that purpose.

25         NOW, THEREFORE, the assignor, in consideration of the

26  assignee's acceptance of this assignment, and for other good

27  and valuable consideration, hereby grants, assigns, conveys,

28  transfers, and sets over, unto the assignee, her or his

29  successors and assigns, all of its assets, except such assets

30  as are exempt by law from levy and sale under an execution,

31  including, but not limited to, all real property, fixtures,

                                  43
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  goods, stock, inventory, equipment, furniture, furnishings,

 2  accounts receivable, bank deposits, cash, promissory notes,

 3  cash value and proceeds of insurance policies, claims and

 4  demands belonging to the assignor, wherever such assets may be

 5  located, hereinafter the "estate," as which assets are, to the

 6  best knowledge and belief of the assignor, set forth on

 7  Schedule B annexed hereto.

 8         The assignee shall take possession and administer the

 9  estate in accordance with the provisions of chapter 727,

10  Florida Statutes, and shall liquidate the assets of the estate

11  with reasonable dispatch and convert the estate into money,

12  collect all claims and demands hereby assigned as may be

13  collectible, and pay and discharge all reasonable expenses,

14  costs, and disbursements in connection with the execution and

15  administration of this assignment from the proceeds of such

16  liquidations and collections.

17         The assignee shall then pay and discharge in full, to

18  the extent that funds are available in the estate after

19  payment of administrative expenses, costs, and disbursements,

20  all of the debts and liabilities now due from the assignor,

21  including interest on such debts and liabilities.  If funds of

22  the estate shall not be sufficient to pay such debts and

23  liabilities in full, then the assignee shall pay from funds of

24  the estate such debts and liabilities, on a pro rata basis and

25  in proportion to their priority as set forth in s. 727.114,

26  Florida Statutes.

27         In the event that all debts and liabilities are paid in

28  full, any funds of the estate remaining shall be returned to

29  the assignor.

30         To accomplish the purposes of this assignment, the

31  assignor hereby appoints the assignee its true and lawful

                                  44
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  attorney, irrevocable, with full power and authority to do all

 2  acts and things which may be necessary to execute the

 3  assignment hereby created; to demand and recover from all

 4  persons all assets of the estate; to sue for the recovery of

 5  such assets; to execute, acknowledge, and deliver all

 6  necessary deeds, instruments, and conveyances; and to appoint

 7  one or more attorneys under her or him to assist the assignee

 8  in carrying out her or his duties hereunder.

 9         The assignor hereby authorizes the assignee to sign the

10  name of the assignor to any check, draft, promissory note, or

11  other instrument in writing which is payable to the order of

12  the assignor, or to sign the name of the assignor to any

13  instrument in writing, whenever it shall be necessary to do

14  so, to carry out the purpose of this assignment.

15         The assignee hereby accepts the trust created by the

16  assignment, and agrees with the assignor that the assignee

17  will faithfully and without delay carry out her or his duties

18  under the assignment.

19

20                                               ................

21                                                   Assignor

22

23                                               ................

24                                                   Assignee

25

26  STATE OF FLORIDA

27  COUNTY OF ........  SS: ........

28

29         The foregoing assignment was acknowledged before me

30  this .... day of ...., ...(year)......... 19...., by ...., as

31  assignor, and by ...., as assignee, for the purposes therein

                                  45
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  expressed.

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

 3           ...(Print, Type, or Stamp Commissioned Name of Notary

 4  Public)...

 5         Personally Known ........ OR Produced Identification

 6  ........

 7         Type of Identification Produced........................

 8

 9

10                                               ................

11                                                Notary Public

12

13  My Commission Expires:

14

15         Section 18.  Section 732.503, Florida Statutes, is

16  amended to read:

17         732.503  Self-proof of will.--A will or codicil

18  executed in conformity with s. 732.502(1) and (2) may be made

19  self-proved at the time of its execution or at any subsequent

20  date by the acknowledgment of it by the testator and the

21  affidavits of the witnesses, each made before an officer

22  authorized to administer oaths and evidenced by the officer's

23  certificate attached to or following the will, in

24  substantially the following form:

25

26  STATE OF ....

27  COUNTY OF ....

28         We, ...., ...., and .... the testator and the

29  witnesses, respectively, whose names are signed to the

30  attached or foregoing instrument, having been sworn, declared

31  to the undersigned officer that the testator, in the presence

                                  46
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  of witnesses, signed the instrument as the testator's last

 2  will (codicil), that the testator (signed) (or directed

 3  another to sign for him or her), and that each of the

 4  witnesses, in the presence of the testator and in the presence

 5  of each other, signed the will as a witness.

 6                                                ...(Testator)...

 7                                                 ...(Witness)...

 8                                                 ...(Witness)...

 9         Subscribed and sworn to before me by ...., the testator

10  a witness who is personally known to me or who has produced

11  ...(type of identification)... as identification, and by ....,

12  a witness who is personally known to me or who has produced

13  ...(type of identification)... as identification, and by ....,

14  a witness who is personally known to me or who has produced

15  ...(type of identification)... as identification, on ....,

16  ...(year)......... 19.....

17                              ...(Signature of Notary Public)...

18  ...(Print, type, or stamp commissioned name of Notary

19  Public)...

20                                     My Commission Expires: ....

21

22         Section 19.  Subsection (1) of section 747.051, Florida

23  Statutes, is amended to read:

24         747.051  Summary procedure.--

25         (1)  If the wife of any person defined as an absentee

26  in s. 747.01(1), or his next of kin if said absentee has no

27  wife, shall wish to sell or transfer any property of the

28  absentee which has a gross value of less than $5,000, or shall

29  require the consent of the absentee in any matter regarding

30  the absentee's children or in any other matter in which the

31  gross value of the subject matter is less than $5,000, she may

                                  47
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1  apply to the circuit court for an order authorizing said sale,

 2  transfer, or consent without opening a full conservatorship

 3  proceeding as provided by this chapter.  She may make the

 4  application without the assistance of an attorney. Said

 5  application shall be made by petition on the following form,

 6  which form shall be made readily available to the applicant by

 7  the clerk of the circuit court:

 8

 9                       In the Circuit Court

10

11  In re: ...(Absentee)...,  case number .....

12

13                   PETITION FOR SUMMARY RELIEF

14

15  Petitioner, ...(Name)..., whose residence is ...(Street &

16  number)..., ...(City or town)..., and ...(County)..., Florida,

17  and who is the ...(Describe relationship to absentee)... of

18  the absentee, ...(Name)..., states that the absentee has been

19  ...(Imprisoned or missing in action)... since ...(Date)...

20  when ...(Describe details).... Petitioner desires to

21  sell/transfer ...(Describe property)... of the value of

22  ...(Value)... because ...(Give reasons)....  The terms of

23  sale/transfer are ...(Give reasons)....  Petitioner requires

24  the consent of the absentee for the purpose of .....

25                                              ...(Petitioner)...

26  State of Florida

27  County of....

28

29         Sworn to (or affirmed) and subscribed before me this

30  .... day of ........, ...(year)..., by ...(name of person

31  making statement)..........

                                  48
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1

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

 3           ...(Print, Type, or Stamp Commissioned Name of Notary

 4  Public)...

 5         Personally Known ........ OR Produced Identification

 6  ........

 7         Type of Identification Produced........................

 8

 9

10  The above named, ...., being by me duly sworn, says the

11  foregoing petition is true and correct to the best of his/her

12  knowledge and belief.

13                     ...(Notary Public or County Court Judge)...

14                                      My commission expires ....

15

16

17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         On page 1, lines 2 through 22, delete those lines

21

22  and insert:

23         An act relating to notaries public; amending s.

24         117.01, F.S.; clarifying provisions relating to

25         appointment of a notary public; authorizing the

26         Executive Office of the Governor to contract

27         for certain services; increasing the amount of

28         the bond required of a notary public; providing

29         requirements for a resigning notary public;

30         amending s. 117.03, F.S.; deleting obsolete

31         language; amending s. 117.04, F.S.; providing

                                  49
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1         for acknowledgements by a notary; creating s.

 2         117.045, F.S.; providing for solemnizing rites

 3         of marriage by a notary; limiting fees;

 4         amending s. 117.05, F.S.; providing that the

 5         official seal and certificate of commission are

 6         the exclusive property of the notary public;

 7         providing a criminal penalty for unlawful

 8         possession of a notary public official seal or

 9         papers; specifying the elements of a notarial

10         certificate; revising provisions relating to

11         identification; deleting specified

12         circumstances under which a signature may not

13         be notarized; revising provisions relating to

14         copying certain documents; requiring a notary

15         public to make reasonable accommodations to

16         provide notarial services to disabled persons;

17         amending s. 117.10, F.S.; conforming a

18         cross-reference; amending s. 117.103, F.S.;

19         providing that a notary public's commission is

20         not required to be filed with the clerk of the

21         circuit court; providing for certification of

22         the commission from the Secretary of State;

23         amending s. 117.107, F.S.; revising certain

24         provisions relating to prohibited acts;

25         providing a civil penalty; amending s. 117.20,

26         F.S.; providing for electronic notarizations;

27         amending s. 118.10, F.S.; redefining the terms

28         "authentication instrument" and "Florida

29         international notary"; revising requirements to

30         become a Florida international notary; amending

31         ss. 11.03, 475.180, 713.08, 713.13, 713.135,

                                  50
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1125, 2nd Eng.

    Amendment No.    





 1         713.245, 727.104, 732.503, and 747.051, F.S.;

 2         revising certain forms;

 3

 4

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  51
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