House Bill 1125e2

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                                  CS/HB 1125, Second Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to notaries public; amending s.

  3         117.01, F.S.; clarifying provisions relating to

  4         appointment of a notary public; providing

  5         requirements for a resigning notary public;

  6         amending s. 117.03, F.S.; deleting obsolete

  7         language; amending s. 117.04, F.S.; providing

  8         for acknowledgements by a notary; creating s.

  9         117.045, F.S.; providing for solemnizing rites

10         of marriage by a notary; limiting fees;

11         amending s. 117.05, F.S.; specifying the

12         elements of a notarial certificate; revising

13         provisions relating to identification;

14         providing for notice to the Governor of lost or

15         stolen notary seals; revising provisions

16         relating to copying certain documents; amending

17         s. 117.10, F.S.; correcting a cross reference;

18         amending s. 117.107, F.S.; revising certain

19         provisions relating to prohibited acts;

20         amending ss. 11.03, 475.180, 713.08, 713.13,

21         713.135, 713.245, 727.104, 732.503, and

22         747.051, F.S.; revising certain forms;

23         providing an effective date.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

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

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

29  Florida Statutes, are amended to read:

30         117.01  Appointment, application, suspension,

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


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                                  CS/HB 1125, Second Engrossed/ntc



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

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

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

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

  5  appointed and shall file with his or her application a

  6  recorded Declaration of Domicile.  The residence required for

  7  appointment must be maintained throughout the term of

  8  appointment. Notaries public shall be appointed for 4 years

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

10  the boundaries of this state.

11         (2)  The application for appointment shall be signed

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

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

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

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

16  assist notaries public. However, no commission fee shall be

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

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

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

20  States Government or the United States Department of Veterans

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

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

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

24  reasonable procedures to implement this act. The oath of

25  office and notary bond required by this section shall also

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

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

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

29  address and telephone number, business address and telephone

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

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


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                                  CS/HB 1125, Second Engrossed/ntc



  1  other official state-issued identification, affidavit of good

  2  character from someone unrelated to the applicant who has

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

  4  professional licenses and commissions issued by the state

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

  6  not the applicant has had such license or commission revoked

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

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

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

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

11  fictitious or assumed name other than a nickname on an

12  application for commission.  The application shall be

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

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

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

16  address, home telephone number, business telephone number,

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

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

19  she deems necessary for determining whether an applicant is

20  eligible for a notary public commission.  Each applicant must

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

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

23  knowledge.

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

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

26  Constitution. Grounds constituting malfeasance, misfeasance,

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

28  following:

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

30  address or telephone number, or failure to submit

31


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                                  CS/HB 1125, Second Engrossed/ntc



  1  documentation to request an amended commission after a lawful

  2  name change, within the specified period of time.

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

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

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

  6  Secretary of State his or her notary commission.

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

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

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

10  or a notary public whose resignation is required by the

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

12  Governor and shall return his or her certificate of notary

13  public commission. The resigning notary public shall destroy

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

15  Governor requests its return.

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

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

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

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

20  capacity, in the amount of $5,000, conditioned for the due

21  discharge of the office and shall take an oath that he or she

22  will honestly, diligently, and faithfully discharge the duties

23  of the notary public.  The bond shall be approved and filed

24  with the Department of State and executed by a surety company

25  for hire duly authorized to transact business in this state.

26         (b)  Any notary public whose term of appointment

27  extends beyond January 1, 1998 1992, is required to increase

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

29  reappointment on or after January 1, 1998 1992.

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

31  which process notary public applications, oaths, affidavits of


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                                  CS/HB 1125, Second Engrossed/ntc



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

  2  must properly submit these documents in a software and hard

  3  copy format approved by the Department of State.

  4         Section 2.  Section 117.03, Florida Statutes, is

  5  amended to read:

  6         117.03  Administration of oaths.--A notary public may

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

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

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

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

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

12         Section 3.  Section 117.04, Florida Statutes, is

13  amended to read:

14         117.04  Marriages; Acknowledgments.--A notary public is

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

16  acknowledgments of deeds and other instruments of writing for

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

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

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

20  circuit court for like services.

21         Section 4.  Section 117.045, Florida Statutes, is

22  created to read:

23         117.045  Marriages.--A notary public is authorized to

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

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

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

27  services.

28         Section 5.  Subsections (2) and (4), paragraph (b) of

29  subsection (5), paragraph (e) of subsection (6), and

30  subsections (11), (12), (15), and (16) of section 117.05,

31  Florida Statutes, are amended to read:


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                                  CS/HB 1125, Second Engrossed/ntc



  1         117.05  Use of notary commission; unlawful use; notary

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

  3  advertising; photocopies; penalties.--

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

  5  any one notarial act, except as provided in s. 117.045 117.04.

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

  7  complete a jurat or notarial certificate in substantially the

  8  same form as those found in subsection (16). The jurat or

  9  certificate of acknowledgement shall contain the following

10  elements:

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

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

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

14  acknowledgement, evidenced by the words "sworn" or

15  "acknowledged."

16         (c)  That the signer personally appeared before the

17  notary public at the time of the notarization.

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

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

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

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

22         (f)  The specific type of identification the notary

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

24  on personal knowledge or satisfactory evidence specified in

25  subsection (5).

26         (g)  The notary's official signature.

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

28  below the signature.

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

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

31  notarial certificate or jurat and shall specify which


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                                  CS/HB 1125, Second Engrossed/ntc



  1  signature is being notarized and that the signer personally

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

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

  4  public, that notarization is to all signatures.

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

  6  document unless he or she personally knows, or has

  7  satisfactory evidence, that the person whose signature is to

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

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

10  certificate of acknowledgment or jurat the type of

11  identification, either based on personal knowledge or other

12  form of identification, upon which the notary public is

13  relying.

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

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

16  other circumstances which would lead a reasonable person to

17  believe that the person whose signature is to be notarized

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

19  to be and any one of the following:

20         1.  The sworn written statement of a credible witness

21  personally known to the notary public or that the person whose

22  signature is to be notarized is personally known to the

23  witness;

24         2.  the sworn written statement of two credible

25  witnesses whose identities are proven to the notary public

26  upon the presentation of satisfactory evidence that each of

27  the following are true:

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

29  is the person named in the document;

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

31  is personally known to the witnesses;


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                                  CS/HB 1125, Second Engrossed/ntc



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

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

  3  notarized are such that it would be very difficult or

  4  impossible for that person to obtain another acceptable form

  5  of identification;

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

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

  8  possess any of the identification documents specified in

  9  subparagraph 2.3.; and

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

11  in nor are parties to the underlying transaction; or

12         2.3.  Reasonable reliance on the presentation to the

13  notary public of any one of the following forms of

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

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

16  identifying number:

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

18  license issued by the public agency authorized to issue

19  driver's licenses Department of Highway Safety and Motor

20  Vehicles;

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

22  United States; or

23         c.  A passport issued by a foreign government if

24  Reasonable reliance on the presentation of any one of the

25  following forms of identification, if the document is current

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

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

28  passport, the document is stamped by the United States

29  Immigration and Naturalization Service:

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

31


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                                  CS/HB 1125, Second Engrossed/ntc



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

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

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

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

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

  6  Mexican public agency authorized to issue drivers' licenses;

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

  8  the United States or a state other than Florida;

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

10  the armed forces of the United States;

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

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

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

14         g.  An inmate identification card issued by the United

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

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

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

18  enforcement officer that the forms of identification for an

19  inmate in an institution of confinement were confiscated upon

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

21  person whose signature is to be notarized;

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

23  States Department of Justice, Immigration, and Naturalization

24  Service.

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

26  document if:

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

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

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

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

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


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  1  transaction under this subsection unless he or she receives a

  2  benefit other than salary and any fee for services as a notary

  3  public authorized by law.  For purposes of this paragraph, a

  4  notary public who is an attorney does not have a financial

  5  interest in and is not a party to the underlying transaction

  6  evidenced by a notarized document if he or she notarizes a

  7  signature on that document for a client for whom he or she

  8  serves as an attorney of record and the attorney has no

  9  interest in the document other than a fee paid to him or her

10  for legal services and any fee authorized by law for services

11  as a notary public.

12         (11)  Any notary public who lawfully changes his or her

13  name shall, within 60 days after such change, forthwith

14  request an amended commission from the Secretary of State and

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

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

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

18  official signature.  The Secretary of State shall issue an

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

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

21  change form. After submitting the required notice of change

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

23  commission, the notary public may continue to perform notarial

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

25  the amended commission, whichever date is earlier.

26         (12)  Any notary public whose who loses or misplaces

27  his or her notary public seal of office is lost or stolen

28  shall forthwith mail or deliver notice of the fact to the

29  Secretary of State or to the Governor.

30         (15)(a)  A notary public may supervise the making of a

31  photocopy of an original document and attest to the trueness


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                                  CS/HB 1125, Second Engrossed/ntc



  1  of the copy, provided the document is neither a vital record

  2  in this state, another state, a territory of the United

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

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

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

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

  7  copy can be made by another public official.

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

  9  substantially the following form in notarizing an attested

10  copy:

11

12  STATE OF FLORIDA

13  COUNTY OF ........

14

15  On this .... day of ........, 19...., I attest that the

16  preceding or attached document is a true, exact, complete, and

17  unaltered photocopy made by me of ...(description of

18  document)... presented to me by the document's custodian,

19  ................, and, to the best of my knowledge, that the

20  photocopied document is neither a vital public record nor a

21  public record publicly recordable document, certified copies

22  of which are available from an official source other than a

23  notary public.

24

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

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

27

28         (16)  The following form certificates are sufficient

29  for the purposes indicated, if completed with the information

30  required by this chapter.  The specification of forms under

31  this subsection does not preclude the use of other forms.


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                                  CS/HB 1125, Second Engrossed/ntc



  1         (a)  For an oath or affirmation:

  2

  3  STATE OF FLORIDA

  4  COUNTY OF ........

  5

  6                                  ...(Signature of Applicant)...

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

  8  .... day of ........, 19...., by ...(name of person making

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

19

20  STATE OF FLORIDA

21  COUNTY OF ........

22

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

24  day of ........, 19 ........, by ...(name of person

25  acknowledging)...

26

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

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

29  Public)...

30         Personally Known ........ OR Produced Identification

31  ........


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  1         Type of Identification Produced........................

  2

  3         (c)  For an acknowledgment in a representative

  4  capacity:

  5

  6  STATE OF FLORIDA

  7  COUNTY OF ........

  8

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

10  day of ........, 19 ........, by ...(name of person)... as

11  ...(type of authority, . . .  e.g. officer, trustee, attorney

12  in fact)... for ...(name of party on behalf of whom instrument

13  was executed)...

14

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

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

17  Public)...

18         Personally Known ........ OR Produced Identification

19  ........

20         Type of Identification Produced........................

21

22         Section 6.  Section 117.10, Florida Statutes, is

23  amended to read:

24         117.10  Law enforcement officers and correctional

25  officers.--Law enforcement officers, correctional officers,

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

27  and traffic accident investigation officers, as described in

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

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

30  oaths notaries public when engaged in the performance of

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


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  1  117.103 do not apply to the provisions of this section.  An

  2  officer may not notarize his or her own signature.

  3         Section 7.  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 acknowledge an instrument

10  in which the notary public's name appears as a party to the

11  transaction.

12         (2)(3)  A notary public may not affix his or her

13  signature to a blank form of affidavit or certificate of

14  acknowledgment and deliver that form to another person with

15  the intent that it be used as an affidavit or acknowledgment.

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

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

18  actually knows to have been adjudged mentally incapacitated by

19  a court of competent jurisdiction, where the acknowledgment or

20  oath necessitates the exercise of a right that has been

21  removed pursuant to s. 744.3215(2) or (3), and where the

22  person has not been restored to capacity as a matter of

23  record.

24         (3)(5)  A notary public may not take the acknowledgment

25  of a person or administer an oath to a person who is blind

26  until the notary public has read the instrument to such

27  person.

28         (4)(6)  A notary public may not take the acknowledgment

29  of a person or administer an oath to a person who does not

30  speak or understand the English language, unless the nature

31


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  1  and effect of the instrument to be notarized is translated

  2  into a language which the person does understand.

  3         (5)(7)  A notary public may not change anything in a

  4  written instrument after it has been signed by anyone.

  5         Section 8.  Subsection (1) of section 11.03, Florida

  6  Statutes, is amended to read:

  7         11.03  Proof of publication of notice.--

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

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

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

11  exclusive:

12

13  STATE OF FLORIDA

14  COUNTY OF ....

15         Before the undersigned authority personally appeared

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

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

18  stating the substance of a contemplated law or proposed bill

19  relating to

20                    ...(here identify bill)...

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

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

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

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

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

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

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

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

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

30  that has been published as aforesaid and also this affidavit

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


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

  2  by reference made a part of this affidavit.

  3  ..............................................................

  4

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

  6  .... day of ........, 19...., by ...(name of person making

  7  statement)....

  8

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

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

17         (SEAL)

18  ...(Signature)...

19  Notary Public, State of Florida.

20  My commission expires ....

21

22         Section 9.  Paragraph (a) of subsection (2) of section

23  475.180, Florida Statutes, is amended to read:

24         475.180  Nonresident licenses.--

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

26  state shall file an irrevocable consent that suits and actions

27  may be commenced against him in any county of this state in

28  which a plaintiff having a cause of action or suit against him

29  resides, and that service of any process or pleading in suits

30  or actions against him may be made by delivering the process

31  or pleading to the director of the Division of Real Estate by


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  1  certified mail, return receipt requested, and also to the

  2  licensee by registered mail addressed to him at his designated

  3  principal place of business. Service, when so made, must be

  4  taken and held in all courts to be as valid and binding upon

  5  the licensee as if made upon him in this state within the

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

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

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

  9         Section 10.  Subsection (3) of section 713.08, Florida

10  Statutes, is amended to read:

11         713.08  Claim of lien.--

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

13  substantially the following form:

14

15                          CLAIM OF LIEN

16  State of ....

17  County of ....

18         Before me, the undersigned notary public, personally

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

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

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

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

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

24  .... County, Florida:

25

26               (Legal description of real property)

27

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

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

30  ...., 19...., and the last of the items on ...., 19....; and

31  (if the lien is claimed by one not in privity with the owner)


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                                  CS/HB 1125, Second Engrossed/ntc



  1  that the lienor served her or his notice to owner on ....,

  2  19...., by ....; and (if required) that the lienor served

  3  copies of the notice on the contractor on ...., 19...., by

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

  5                                               ...(Signature)...

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

  7  .... day of ........, 19...., by ...(name of person making

  8  statement)....

  9

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

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

12  Public)...

13         Personally Known ........ OR Produced Identification

14  ........

15         Type of Identification Produced........................

16

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

18  19.....

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

20

21         Section 11.  Paragraph (d) of subsection (1) of section

22  713.13, Florida Statutes, is amended to read:

23         713.13  Notice of commencement.--

24         (1)

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

26  the following form:

27

28  Permit No.....                               Tax Folio No.....

29                      NOTICE OF COMMENCEMENT

30  State of....

31  County of....


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                                  CS/HB 1125, Second Engrossed/ntc



  1

  2  The undersigned hereby gives notice that improvement will be

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

  4  713, Florida Statutes, the following information is provided

  5  in this Notice of Commencement.

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

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

  8         2.  General description of improvement:.....

  9         3.  Owner information:.....

10         a.  Name and address:.....

11         b.  Interest in property:.....

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

13  other than Owner):.....

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

15         a.  Phone number:.....

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

17  acceptable).

18         5.  Surety

19         a.  Name and address:.....

20         b.  Phone number:.....

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

22  acceptable).

23         d.  Amount of bond: $.....

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

25         a.  Phone number:.....

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

27  acceptable).

28         7.  Persons within the State of Florida designated by

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

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

31  ...(name and address)....


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                                  CS/HB 1125, Second Engrossed/ntc



  1         a.  Phone number:.....

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

  3  acceptable).

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

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

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

  7         a.  Phone number:.....

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

  9  acceptable).

10         9.  Expiration date of notice of commencement (the

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

12  different date is specified).....

13

14                                      ...(Signature of Owner)...

15

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

17  .... day of ........, 19...., by ...(name of person making

18  statement)....

19

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

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

22  Public)...

23         Personally Known ........ OR Produced Identification

24  ........

25         Type of Identification Produced........................

26

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

28  19.....

29

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

31


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                                  CS/HB 1125, Second Engrossed/ntc



  1         Section 12.  Subsection (7) of section 713.135, Florida

  2  Statutes, is amended to read:

  3         713.135  Notice of commencement and applicability of

  4  lien.--

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

  6  the authority issuing the permit, the building permit

  7  application must be in substantially the following form:

  8

  9                                           Tax Folio No.........

10                   BUILDING PERMIT APPLICATION

11

12  Owner's Name..................................................

13  Owner's Address...............................................

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

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

16  City..........................................................

17  State............ Zip............

18  Contractor's Name.............................................

19  Contractor's Address..........................................

20  City..........................................................

21  State............ Zip............

22  Job Name......................................................

23  Job Address...................................................

24  City................                        County............

25  Legal Description.............................................

26  Bonding Company...............................................

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

28  City................ State............

29  Architect/Engineer's Name.....................................

30  Architect/Engineer's Address..................................

31  Mortgage Lender's Name........................................


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                                  CS/HB 1125, Second Engrossed/ntc



  1  Mortgage Lender's Address.....................................

  2

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

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

  5  or installation has commenced prior to the issuance of a

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

  7  standards of all laws regulating construction in this

  8  jurisdiction.  I understand that a separate permit must be

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

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

11

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

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

14  compliance with all applicable laws regulating construction

15  and zoning.

16

17         WARNING TO OWNER:  YOUR FAILURE TO RECORD A

18         NOTICE OF COMMENCEMENT MAY RESULT IN YOUR

19         PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.

20

21         IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH

22         YOUR LENDER OR AN ATTORNEY BEFORE RECORDING

23         YOUR NOTICE OF COMMENCEMENT.

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

25                      ...(including contractor).........

26  STATE OF FLORIDA

27  COUNTY OF ........

28

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

30  .... day of ........, 19...., by ...(name of person making

31  statement)....


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                                  CS/HB 1125, Second Engrossed/ntc



  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                                 ...(Signature of Contractor)...

  9

10  STATE OF FLORIDA

11  COUNTY OF ........

12

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

14  .... day of ........, 19...., by ...(name of person making

15  statement)....

16

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

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

19  Public)...

20         Personally Known ........ OR Produced Identification

21  ........

22         Type of Identification Produced........................

23

24  Signature....                   Signature....

25  Owner or Agent                  Contractor

26  (including contractor)

27

28  Date....                        Date....

29

30  NOTARY as                       NOTARY as

31  to Owner or Agent....           to Contractor....


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                                  CS/HB 1125, Second Engrossed/ntc



  1  My Commission Expires:....      My Commission Expires:....

  2

  3                (Certificate of Competency Holder)

  4

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

  6

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

  8

  9  APPLICATION APPROVED BY................Permit Officer

10

11         Section 13.  Subsections (4), (6), and (8) of section

12  713.245, Florida Statutes, are amended to read:

13         713.245  Conditional payment bond.--

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

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

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

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

18  bond and a sworn statement in substantially the following

19  form:

20

21             CERTIFICATE OF PAYMENT TO THE CONTRACTOR

22

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

24  Contractor ...(name and address)...

25  Surety ...(name and address)...

26

27         Under penalties of perjury, the undersigned certifies

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

29  713.245, F.S., that the bond is in full force and effect, and

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

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


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                                  CS/HB 1125, Second Engrossed/ntc



  1  by ........ dated ...., 19...., and recorded ........, 19....,

  2  in Official Records Book .... at Page .... of the Public

  3  Records of ........ County, Florida.

  4

  5         Dated this .... day of ........, 19.....

  6                                                   ...(Owner)...

  7                                                 ...(Address)...

  8                                                    ............

  9                                                    ............

10

11  STATE OF FLORIDA

12  COUNTY OF ........

13

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

15  .... day of ........, 19...., by ...(name of person making

16  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  Sworn to and subscribed before me,

26  the undersigned authority, this

27  .... day of ...., 19.....

28

29  ...(Name)...

30  NOTARY PUBLIC

31  My Commission Expires:


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                                  CS/HB 1125, Second Engrossed/ntc



  1                                              ...(Contractor)...

  2                                                 ...(Address)...

  3                                                    ............

  4                                                    ............

  5

  6  STATE OF FLORIDA

  7  COUNTY OF ........

  8

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

10  .... day of ........, 19...., by ...(name of person making

11  statement)....

12

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

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  Sworn to and subscribed before me,

21  the undersigned authority, this

22  .... day of ...., 19.....

23

24  ...(Name)...

25  NOTARY PUBLIC

26  My Commission Expires:

27

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

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

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

31  surety all sign the notice of bond.


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                                  CS/HB 1125, Second Engrossed/ntc



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

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

  3  statement substantially in the following form:

  4

  5                JOINDER IN CERTIFICATE OF PAYMENT

  6

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

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

  9  Surety ...(name and address)...

10

11  The undersigned joins in the Certificate of Payment to the

12  Contractor recorded on ........, 19...., in Official Records

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

14  County, Florida, and certifies that the facts stated in the

15  Certificate of Payment to the Contractor are true and correct.

16

17         Dated this .... day of ........, 19.....

18                                                    ...(Name)...

19                                                 ...(Address)...

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

21                                                    ............

22

23  STATE OF FLORIDA

24  COUNTY OF ........

25

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

27  .... day of ........, 19...., by ...(name of person making

28  statement)....

29

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

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


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                                  CS/HB 1125, Second Engrossed/ntc



  1  Public)...

  2         Personally Known ........ OR Produced Identification

  3  ........

  4         Type of Identification Produced........................

  5

  6  Sworn to and subscribed before me,

  7  the undersigned authority, this

  8  .... day of ...., 19.....

  9

10  ...(Name)...

11  NOTARY PUBLIC

12  My Commission Expires:

13

14         (8)  If the contractor disputes the certificate of

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

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

17  of the certificate, a sworn statement in substantially the

18  following form:

19

20                   NOTICE OF CONTEST OF PAYMENT

21

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

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

24  Surety ...(name and address)...

25

26         Under penalties of perjury, the undersigned certifies

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

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

29  Certificate of Payment to the Contractor recorded in Official

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

31  ........ County, Florida.


                                  28

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                                  CS/HB 1125, Second Engrossed/ntc



  1

  2         Dated this .... day of ........, 19.....

  3                                                    ...(Name)...

  4                                                 ...(Address)...

  5                                                    ............

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

  7

  8  STATE OF FLORIDA

  9  COUNTY OF ........

10

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

12  .... day of ........, 19...., by ...(name of person making

13  statement)....

14

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

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

17  Public)...

18         Personally Known ........ OR Produced Identification

19  ........

20         Type of Identification Produced........................

21

22  Sworn to and subscribed before me,

23  the undersigned authority, this

24  .... day of ...., 19.....

25

26  ...(Name)...

27  NOTARY PUBLIC

28  My Commission Expires:

29

30         Section 14.  Paragraph (b) of subsection (1) of section

31  727.104, Florida Statutes, is amended to read:


                                  29

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                                  CS/HB 1125, Second Engrossed/ntc



  1         727.104  Commencement of proceedings.--

  2         (1)

  3         (b)  The assignment shall be in substantially the

  4  following form:

  5

  6                            ASSIGNMENT

  7

  8  ASSIGNMENT, made this .... day of ...., 19...., between ....,

  9  with a principal place of business at ...., hereinafter

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

11  "assignee."

12         WHEREAS, the assignor has been engaged in the business

13  of ........;

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

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

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

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

18  assignment of all of its assets for that purpose.

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

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

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

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

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

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

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

26  goods, stock, inventory, equipment, furniture, furnishings,

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

28  cash value and proceeds of insurance policies, claims and

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

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

31


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                                  CS/HB 1125, Second Engrossed/ntc



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

  2  Schedule B annexed hereto.

  3         The assignee shall take possession and administer the

  4  estate in accordance with the provisions of chapter 727,

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

  6  with reasonable dispatch and convert the estate into money,

  7  collect all claims and demands hereby assigned as may be

  8  collectible, and pay and discharge all reasonable expenses,

  9  costs, and disbursements in connection with the execution and

10  administration of this assignment from the proceeds of such

11  liquidations and collections.

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

13  the extent that funds are available in the estate after

14  payment of administrative expenses, costs, and disbursements,

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

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

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

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

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

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

21  Florida Statutes.

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

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

24  the assignor.

25         To accomplish the purposes of this assignment, the

26  assignor hereby appoints the assignee its true and lawful

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

28  acts and things which may be necessary to execute the

29  assignment hereby created; to demand and recover from all

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

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


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                                  CS/HB 1125, Second Engrossed/ntc



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

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

  3  in carrying out her or his duties hereunder.

  4         The assignor hereby authorizes the assignee to sign the

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

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

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

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

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

10         The assignee hereby accepts the trust created by the

11  assignment, and agrees with the assignor that the assignee

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

13  under the assignment.

14

15                                               ................

16                                                   Assignor

17

18                                               ................

19                                                   Assignee

20

21  STATE OF FLORIDA

22  COUNTY OF ........  SS: ........

23

24         The foregoing assignment was acknowledged before me

25  this .... day of ...., 19...., by ...., as assignor, and by

26  ...., as assignee, for the purposes therein expressed.

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

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

29  Public)...

30         Personally Known ........ OR Produced Identification

31  ........


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                                  CS/HB 1125, Second Engrossed/ntc



  1         Type of Identification Produced........................

  2

  3

  4                                               ................

  5                                                Notary Public

  6

  7  My Commission Expires:

  8

  9         Section 15.  Section 732.503, Florida Statutes, is

10  amended to read:

11         732.503  Self-proof of will.--A will or codicil

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

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

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

15  affidavits of the witnesses, each made before an officer

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

17  certificate attached to or following the will, in

18  substantially the following form:

19

20  STATE OF ....

21  COUNTY OF ....

22         We, ...., ...., and .... the testator and the

23  witnesses, respectively, whose names are signed to the

24  attached or foregoing instrument, having been sworn, declared

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

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

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

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

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

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

31                                                ...(Testator)...


                                  33

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                                  CS/HB 1125, Second Engrossed/ntc



  1                                                 ...(Witness)...

  2                                                 ...(Witness)...

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

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

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

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

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

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

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

10  19.....

11                              ...(Signature of Notary Public)...

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

13  Public)...

14                                     My Commission Expires: ....

15

16         Section 16.  Subsection (1) of section 747.051, Florida

17  Statutes, is amended to read:

18         747.051  Summary procedure.--

19         (1)  If the spouse of any person defined as an absentee

20  in s. 747.01(1), or her or his next of kin if said absentee

21  has no spouse, shall wish to sell or transfer any property of

22  the absentee which has a gross value of less than $5,000, or

23  shall require the consent of the absentee in any matter

24  regarding the absentee's children or in any other matter in

25  which the gross value of the subject matter is less than

26  $5,000, he or she may apply to the circuit court for an order

27  authorizing said sale, transfer, or consent without opening a

28  full conservatorship proceeding as provided by this chapter.

29  He or she may make the application without the assistance of

30  an attorney. Said application shall be made by petition on the

31


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                                  CS/HB 1125, Second Engrossed/ntc



  1  following form, which form shall be made readily available to

  2  the applicant by the clerk of the circuit court:

  3

  4                       In the Circuit Court

  5

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

  7

  8                   PETITION FOR SUMMARY RELIEF

  9

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

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

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

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

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

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

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

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

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

19  the consent of the absentee for the purpose of .....

20                                              ...(Petitioner)...

21  State of Florida

22  County of....

23

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

25  .... day of ........, 19...., by ...(name of person making

26  statement)....

27

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

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

30  Public)...

31


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                                  CS/HB 1125, Second Engrossed/ntc



  1         Personally Known ........ OR Produced Identification

  2  ........

  3         Type of Identification Produced........................

  4

  5

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

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

  8  knowledge and belief.

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

10                                      My commission expires ....

11

12         Section 17.  This act shall take effect January 1 of

13  the year following the year in which enacted.

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


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