CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS/HB 1125, 2nd Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Grant moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 36, between lines 11 and 12,
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17 Section 17. Section 118.10, Florida Statutes, is
18 amended to read:
19 118.10 Civil-law Florida international notary.--
20 (1) As used in this section, the term:
21 (a) "Authentic act" "Authentication instrument" means
22 an instrument executed by a civil-law Florida international
23 notary referencing this section, which includes the
24 particulars and capacities to act of transacting parties, a
25 confirmation of the full text of the instrument, the
26 signatures of the parties or legal equivalent thereof, and the
27 signature and seal of a civil-law Florida international notary
28 as prescribed by the Florida Secretary of State for use in a
29 jurisdiction outside the borders of the United States.
30 (b) "Civil-law notary" "Florida international notary"
31 means a person who is a member in good standing of The Florida
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SENATE AMENDMENT
Bill No. CS/HB 1125, 2nd Eng.
Amendment No.
1 Bar admitted to the practice of law in this state, who has
2 practiced law for at least 5 years, and who is appointed by
3 the Secretary of State as a civil-law Florida international
4 notary.
5 (c) "Protocol" means a registry maintained by a
6 civil-law Florida international notary in which the acts of
7 the civil-law Florida international notary are archived.
8 (2) The Secretary of State shall have the power to
9 appoint civil-law Florida international notaries and
10 administer this section.
11 (3) A civil-law Florida international notary is
12 authorized to issue authentic acts and may administer an oath
13 and make a certificate thereof when it is necessary for
14 execution of any writing or document to be attested,
15 protested, or published under the seal of a notary public
16 authentication instruments for use in non-United States
17 jurisdictions. A civil-law notary may also take
18 acknowledgements of deeds and other instruments of writing for
19 record, and solemnize the rites of matrimony, as fully as
20 other officers of this state. A civil-law Florida
21 international notary is not authorized to issue authentic acts
22 authentication instruments for use in a non-United States
23 jurisdiction if the United States Department of State has
24 determined that the jurisdiction does not have diplomatic
25 relations with the United States or is a terrorist country, or
26 if trade with the jurisdiction is prohibited under the Trading
27 With the Enemy Act of 1917, as amended, 50 U.S.C. ss. 1, et
28 seq.
29 (4) The authentication instruments of a Florida
30 international notary shall not be considered authentication
31 instruments within the borders of the United States and shall
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SENATE AMENDMENT
Bill No. CS/HB 1125, 2nd Eng.
Amendment No.
1 have no consequences or effects as authentication instruments
2 in the United States.
3 (4)(5) The authentic acts, oaths and acknowledgements,
4 and solemnizations authentication instruments of a civil-law
5 Florida international notary shall be recorded in the
6 civil-law Florida international notary's protocol in a manner
7 prescribed by the Secretary of State.
8 (5)(6) The Secretary of State may adopt rules
9 prescribing:
10 (a) The form and content of signatures and seals or
11 their legal equivalents for authentic acts authentication
12 instruments;
13 (b) Procedures for the permanent archiving of
14 authentic acts, maintaining records of acknowledgments, oaths
15 and solemnizations, and procedures for the administration of
16 oaths and taking of acknowledgments authentication
17 instruments;
18 (c) The charging of reasonable fees to be retained by
19 the Secretary of State for the purpose of administering this
20 section;
21 (d) Educational requirements and procedures for
22 testing applicants' knowledge of the effects and consequences
23 associated with authentic acts authentication instruments in
24 jurisdictions outside the United States;
25 (e) Procedures for the disciplining of civil-law
26 Florida international notaries, including the suspension and
27 revocation of appointments for misrepresentation or fraud
28 regarding the civil-law Florida international notary's
29 authority, the effect of the civil-law Florida international
30 notary's authentic acts authentication instruments, or the
31 identities or acts of the parties to a transaction; and
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SENATE AMENDMENT
Bill No. CS/HB 1125, 2nd Eng.
Amendment No.
1 (f) Other matters necessary for administering this
2 section.
3 (6)(7) The Secretary of State shall not regulate,
4 discipline or attempt to discipline, or establish any
5 educational requirements for any civil-law Florida
6 international notary for, or with regard to, any action or
7 conduct that would constitute the practice of law in this
8 state, except by agreement with The Florida Bar. The
9 Secretary of State shall not establish as a prerequisite to
10 the appointment of a civil-law Florida international notary
11 any test containing any question that inquires of the
12 applicant's knowledge regarding the practice of law in the
13 United States, except by agreement with The Florida Bar.
14 (7) The powers of civil law notaries include, but are
15 not limited to, all of the powers of a notary public under any
16 law of this state.
17 (8) This section shall not be construed as abrogating
18 the provisions of any other act relating to notaries public,
19 attorneys, or the practice of law in this state.
20 Section 18. Section 695.03, Florida Statutes, is
21 amended to read:
22 695.03 Acknowledgment and proof; validation of certain
23 acknowledgments; legalization or authentication before foreign
24 officials.--To entitle any instrument concerning real property
25 to be recorded, the execution must be acknowledged by the
26 party executing it, proved by a subscribing witness to it, or
27 legalized or authenticated by a civil-law notary or notary
28 public who affixes her or his official seal, before the
29 officers and in the form and manner following:
30 (1) WITHIN THIS STATE.--An acknowledgment or proof
31 made within this state may be made before a judge, clerk, or
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SENATE AMENDMENT
Bill No. CS/HB 1125, 2nd Eng.
Amendment No.
1 deputy clerk of any court; a United States commissioner or
2 magistrate; or a notary public or civil-law notary of this
3 state, and the certificate of acknowledgment or proof must be
4 under the seal of the court or officer, as the case may be.
5 All affidavits and acknowledgments heretofore made or taken in
6 this manner are hereby validated.
7 (2) WITHOUT THIS STATE BUT WITHIN THE UNITED
8 STATES.--An acknowledgment or proof made out of this state but
9 within the United States may be made before a civil-law notary
10 of this state or a commissioner of deeds appointed by the
11 Governor of this state; a judge or clerk of any court of the
12 United States or of any state, territory, or district; a
13 United States commissioner or magistrate; or a notary public,
14 justice of the peace, master in chancery, or registrar or
15 recorder of deeds of any state, territory, or district having
16 a seal, and the certificate of acknowledgment or proof must be
17 under the seal of the court or officer, as the case may be.
18 If the acknowledgment or proof is made before a notary public
19 who does not affix a seal, it is sufficient for the notary
20 public to type, print, or write by hand on the instrument, "I
21 am a Notary Public of the State of ...(state)..., and my
22 commission expires on ...(date)...."
23 (3) WITHIN FOREIGN COUNTRIES.--If the acknowledgment,
24 legalization, authentication, or proof is made in a foreign
25 country, it may be made before a commissioner of deeds
26 appointed by the Governor of this state to act in such
27 country; before a civil-law notary or notary public of such
28 foreign country or a civil-law notary of this state or of such
29 foreign country who has an official seal; before an
30 ambassador, envoy extraordinary, minister plenipotentiary,
31 minister, commissioner, charge d'affaires, consul general,
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SENATE AMENDMENT
Bill No. CS/HB 1125, 2nd Eng.
Amendment No.
1 consul, vice consul, consular agent, or other diplomatic or
2 consular officer of the United States appointed to reside in
3 such country; or before a military or naval officer authorized
4 by the Laws or Articles of War of the United States to perform
5 the duties of notary public, and the certificate of
6 acknowledgment, legalization, authentication, or proof must be
7 under the seal of the officer. A certificate legalizing or
8 authenticating the signature of a person executing an
9 instrument concerning real property and to which a civil-law
10 notary or notary public of that country has affixed her or his
11 official seal is sufficient as an acknowledgment. For the
12 purposes of this section, the term "civil-law notary" means a
13 civil-law notary as defined in chapter 118 or an official of a
14 foreign country who has an official seal and who is authorized
15 to make legal or lawful the execution of any document in that
16 jurisdiction, in which jurisdiction the affixing of her or his
17 official seal is deemed proof of the execution of the document
18 or deed in full compliance with the laws of that jurisdiction.
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20 All affidavits, legalizations, authentications, and
21 acknowledgments heretofore made or taken in the manner set
22 forth above are hereby validated.
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24 (Redesignate subsequent sections.)
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28 And the title is amended as follows:
29 On page 1, line 22, after the semicolon
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31 insert:
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SENATE AMENDMENT
Bill No. CS/HB 1125, 2nd Eng.
Amendment No.
1 amending s. 118.10, F.S.; providing for
2 civil-law notaries in lieu of Florida
3 international notaries; providing requirements
4 for becoming a civil-law notary; providing
5 definitions; providing for "authentic acts," in
6 lieu of "authentication instruments"; providing
7 powers of civil-law notaries; providing
8 educational requirements; providing for
9 discipline; amending s. 695.03, F.S., relating
10 to acknowledgement and proof of certain
11 instruments concerning real property; including
12 civil-law notaries as officials before whom
13 acknowledgements of proof may be made;
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