Senate Bill 1130c1
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By the Committee on Banking and Insurance and Senator Grant
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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; authorizing the
5 Executive Office of the Governor to contract
6 for certain services; increasing the amount of
7 the bond required of a notary public; providing
8 requirements for a resigning notary public;
9 amending s. 117.03, F.S.; deleting obsolete
10 language; amending s. 117.04, F.S.; providing
11 for acknowledgements by a notary; creating s.
12 117.045, F.S.; providing for solemnizing rites
13 of marriage by a notary; limiting fees;
14 amending s. 117.05, F.S.; providing that the
15 official seal and certificate of commission are
16 the exclusive property of the notary public;
17 providing a criminal penalty for unlawful
18 possession of a notary public official seal or
19 papers; specifying the elements of a notarial
20 certificate; revising provisions relating to
21 identification; deleting specified
22 circumstances under which a signature may not
23 be notarized; revising provisions relating to
24 copying certain documents; requiring a notary
25 public to make reasonable accommodations to
26 provide notarial services to disabled persons;
27 amending s. 117.10, F.S.; conforming a
28 cross-reference; amending s. 117.103, F.S.;
29 providing that a notary public's commission is
30 not required to be filed with the clerk of the
31 circuit court; providing for certification of
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1 the commission from the Secretary of State;
2 amending s. 117.107, F.S.; revising certain
3 provisions relating to prohibited acts;
4 providing a civil penalty; amending s. 117.20,
5 F.S.; providing for electronic notarizations;
6 amending s. 118.10, F.S.; redefining the terms
7 "authentication instrument" and "Florida
8 international notary"; revising requirements to
9 become a Florida international notary; amending
10 ss. 11.03, 475.180, 713.08, 713.13, 713.135,
11 713.245, 727.104, 732.503, and 747.051, F.S.;
12 revising certain forms; providing an effective
13 date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsections (1) and (2), paragraph (g) of
18 subsection (4), and subsections (5) and (7) of section 117.01,
19 Florida Statutes, are amended to read:
20 117.01 Appointment, application, suspension,
21 revocation, application fee, bond, and oath.--
22 (1) The Governor may appoint for a term of 4 years as
23 many notaries public as he or she deems necessary, each of
24 whom shall be at least 18 years of age and a legal resident of
25 the state. A permanent resident alien may apply and be
26 appointed and shall file with his or her application a
27 recorded Declaration of Domicile. The residence required for
28 appointment must be maintained throughout the term of
29 appointment. Notaries public shall be appointed for 4 years
30 and shall use and exercise the office of notary public within
31
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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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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
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1 (b) A notary public who wishes to resign his or her
2 commission, or a notary public who does not maintain legal
3 residence in this state during the entire term of appointment,
4 or a notary public whose resignation is required by the
5 Governor, shall send a signed letter of resignation to the
6 Governor and shall return his or her certificate of notary
7 public commission. The resigning notary public shall destroy
8 his or her official notary public seal of office, unless the
9 Governor requests its return.
10 (7)(a) A notary public shall, prior to executing the
11 duties of the office and throughout the term of office, give
12 bond, payable to any individual harmed as a result of a breach
13 of duty by the notary public acting in his or her official
14 capacity, in the amount of $7,500 $5,000, conditioned for the
15 due discharge of the office and shall take an oath that he or
16 she will honestly, diligently, and faithfully discharge the
17 duties of the notary public. The bond shall be approved and
18 filed with the Department of State and executed by a surety
19 company for hire duly authorized to transact business in this
20 state.
21 (b) Any notary public whose term of appointment
22 extends beyond January 1, 1999 1992, is required to increase
23 the amount of his or her bond to $7,500 $5,000 only upon
24 reappointment on or after January 1, 1999 1992.
25 (c) Beginning July 1, 1996, surety companies for hire
26 which process notary public applications, oaths, affidavits of
27 character, and bonds for submission to the Department of State
28 must properly submit these documents in a software and hard
29 copy format approved by the Department of State.
30 Section 2. Section 117.03, Florida Statutes, is
31 amended to read:
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1 117.03 Administration of oaths.--A notary public may
2 administer an oath and make a certificate thereof when it is
3 necessary for the execution of any writing or document to be
4 attested, protested, or published under the seal of a notary
5 public. The notary public may not take an acknowledgment of
6 execution in lieu of an oath if an oath is required.
7 Section 3. Section 117.04, Florida Statutes, is
8 amended to read:
9 117.04 Marriages; Acknowledgments.--A notary public is
10 authorized to solemnize the rites of matrimony and to take the
11 acknowledgments of deeds and other instruments of writing for
12 record, as fully as other officers of this state. For
13 solemnizing the rites of matrimony, the fee of a notary public
14 may not exceed those provided by law to the clerks of the
15 circuit court for like services.
16 Section 4. Section 117.045, Florida Statutes, is
17 created to read:
18 117.045 Marriages.--A notary public is authorized to
19 solemnize the rites of matrimony. For solemnizing the rites of
20 matrimony, the fee of a notary public may not exceed those
21 provided by law to the clerks of the circuit court for like
22 services.
23 Section 5. Section 117.05, Florida Statutes, is
24 amended to read:
25 117.05 Use of notary commission; unlawful use; notary
26 fee; seal; duties; employer liability; name change;
27 advertising; photocopies; penalties.--
28 (1) No person shall obtain or use a notary public
29 commission in other than his or her legal name, and it is
30 unlawful for a notary public to notarize his or her own
31 signature. Any person applying for a notary public commission
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1 must submit proof of identity to the Department of State if so
2 requested. Any person who violates the provisions of this
3 subsection is guilty of a felony of the third degree,
4 punishable as provided in s. 775.082, s. 775.083, or s.
5 775.084.
6 (2) The fee of a notary public may not exceed $10 for
7 any one notarial act, except as provided in s. 117.045 s.
8 117.04.
9 (3)(a) A notary public seal shall be affixed to all
10 notarized paper documents and shall be of the rubber stamp
11 type and shall include the words "Notary Public-State of
12 Florida." The seal shall also include the name of the notary
13 public, the date of expiration of the commission of the notary
14 public, and the commission number. The rubber stamp seal must
15 be affixed to the notarized paper document in photographically
16 reproducible black ink. Every notary public shall print, type,
17 or stamp below his or her signature on a paper document his or
18 her name exactly as commissioned. An impression-type seal may
19 be used in addition to the rubber stamp seal, but the rubber
20 stamp seal shall be the official seal for use on a paper
21 document, and the impression-type seal may not be substituted
22 therefor.
23 (b) Any notary public whose term of appointment
24 extends beyond January 1, 1992, is required to use a rubber
25 stamp type notary public seal on paper documents only upon
26 reappointment on or after January 1, 1992.
27 (c) The notary public official seal and the
28 certificate of notary public commission are the exclusive
29 property of the notary public and must be kept under the
30 direct and exclusive control of the notary public. The seal
31 and certificate of commission must not be surrendered to an
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1 employer upon termination of employment, regardless of whether
2 the employer paid for the seal or for the commission.
3 (d) A notary public whose official seal is lost,
4 stolen, or believed to be in the possession of another person
5 shall immediately notify the Department of State or the
6 Governor in writing.
7 (e) Any person who unlawfully possesses a notary
8 public official seal or any papers or copies relating to
9 notarial acts is guilty of a misdemeanor of the second degree,
10 punishable as provided in s. 775.082 or s. 775.083.
11 (4) When notarizing a signature, a notary public shall
12 complete a jurat or notarial certificate in substantially the
13 same form as those found in s. 117.05(13). The jurat or
14 certificate of acknowledgement shall contain the following
15 elements:
16 (a) The venue stating the location of the notarization
17 in the format, "State of Florida, County of ............"
18 (b) The type of notarial act performed, an oath or an
19 acknowledgement, evidenced by the words "sworn" or
20 "acknowledged."
21 (c) That the signer personally appeared before the
22 notary public at the time of the notarization.
23 (d) The exact date of the notarial act.
24 (e) The name of the person whose signature is being
25 notarized. It is presumed, absent such specific notation by
26 the notary public, that notarization is to all signatures.
27 (f) The specific type of identification the notary
28 public is relying upon in identifying the signer, either based
29 on personal knowledge or satisfactory evidence specified in s.
30 117.05(5).
31 (g) The notary's official signature.
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1 (h) The notary's name, typed, printed, or stamped
2 below the signature.
3 (i) The notary's official seal affixed below or to
4 either side of the notary's signature. sign and date a
5 notarial certificate or jurat and shall specify which
6 signature is being notarized and that the signer personally
7 appeared before the notary public at the time of notarization.
8 It is presumed, absent such specific notation by the notary
9 public, that notarization is to all signatures.
10 (5) A notary public may not notarize a signature on a
11 document unless he or she personally knows, or has
12 satisfactory evidence, that the person whose signature is to
13 be notarized is the individual who is described in and who is
14 executing the instrument. A notary public shall certify in the
15 certificate of acknowledgment or jurat the type of
16 identification, either based on personal knowledge or other
17 form of identification, upon which the notary public is
18 relying.
19 (b) For the purposes of this subsection, "satisfactory
20 evidence" means the absence of any information, evidence, or
21 other circumstances which would lead a reasonable person to
22 believe that the person whose signature is to be notarized
23 making the acknowledgment is not the person he or she claims
24 to be and any one of the following:
25 1. The sworn written statement of one a credible
26 witness personally known to the notary public or that the
27 person whose signature is to be notarized is personally known
28 to the witness;
29 2. the sworn written statement of two credible
30 witnesses whose identities are proven to the notary public
31
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1 upon the presentation of satisfactory evidence that each of
2 the following is are true:
3 a. That the person whose signature is to be notarized
4 is the person named in the document;
5 b. That the person whose signature is to be notarized
6 is personally known to the witnesses;
7 c. That it is the reasonable belief of the witnesses
8 that the circumstances of the person whose signature is to be
9 notarized are such that it would be very difficult or
10 impossible for that person to obtain another acceptable form
11 of identification;
12 d. That it is the reasonable belief of the witnesses
13 that the person whose signature is to be notarized does not
14 possess any of the identification documents specified in
15 subparagraph 2.3.; and
16 e. That the witnesses do not have a financial interest
17 in nor are parties to the underlying transaction; or
18 2.3. Reasonable reliance on the presentation to the
19 notary public of any one of the following forms of
20 identification, if the document is current or has been issued
21 within the past 5 years and bears a serial or other
22 identifying number:
23 a. A Florida An identification card or driver's
24 license issued by the public agency authorized to issue
25 driver's licenses Department of Highway Safety and Motor
26 Vehicles;
27 b. A passport issued by the Department of State of the
28 United States; or
29 c. A passport issued by a foreign government if
30 Reasonable reliance on the presentation of any one of the
31 following forms of identification, if the document is current
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1 or has been issued within the past 5 years and bears a serial
2 or other identifying number, and, if the document is a
3 passport, the document is stamped by the United States
4 Immigration and Naturalization Service;:
5 (I) A passport issued by a foreign government;
6 d.(II) A driver's license or an identification card
7 issued by a public agency authorized to issue driver's
8 licenses in a state other than Florida, a territory of the
9 United States, or Canada or Mexico territory of the United
10 States or a state other than Florida or by a Canadian or
11 Mexican public agency authorized to issue drivers' licenses;
12 (III) An identification card issued by a territory of
13 the United States or a state other than Florida;
14 e.(IV) An identification card issued by any branch of
15 the armed forces of the United States;
16 f.(V) An inmate identification card issued on or after
17 January 1, 1991, by the Florida Department of Corrections for
18 an inmate who is in the custody of the department; or
19 g. An inmate identification card issued by the United
20 States Department of Justice, Bureau of Federal Prisons, for
21 an inmate who is in the custody of the department;
22 h. A sworn, written statement from a sworn law
23 enforcement officer that the forms of identification for an
24 inmate in an institution of confinement were confiscated upon
25 confinement and that the person named in the document is the
26 person whose signature is to be notarized; or
27 i.(VI) An identification card issued by the United
28 States Department of Justice, Immigration, and Naturalization
29 Service.
30 (6) A notary public may not notarize a signature on a
31 document if:
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1 (a) The person whose signature is being notarized is
2 not in the presence of the notary public at the time the
3 signature is notarized. Any notary public who violates this
4 paragraph is guilty of a civil infraction, punishable by
5 penalty not exceeding $5,000, and that conduct constitutes
6 malfeasance and misfeasance in the conduct of official duties.
7 It is no defense to the civil infraction specified in this
8 paragraph that the notary public acted without intent to
9 defraud. A notary public who violates this paragraph with the
10 intent to defraud is guilty of violating s. 117.105.
11 (b) The document is incomplete. However, an
12 endorsement or assignment in blank of a negotiable or
13 nonnegotiable note and the assignment in blank of any
14 instrument given as security for such note is not deemed
15 incomplete.
16 (c) The notary public actually knows that the person
17 signing the document has been adjudicated mentally
18 incapacitated, and the notarization relates to a right that
19 has been removed pursuant to s. 744.3215(2) or (3), and that
20 the person has not been restored to capacity as a matter of
21 record.
22 (d) The person whose signature is to be notarized is
23 the spouse, son, daughter, mother, or father of the notary
24 public.
25 (e) The notary public has a financial interest in or
26 is a party to the underlying transaction; provided, however, a
27 notary public who is an employee may notarize a signature for
28 his or her employer and this employment is not a financial
29 interest in the transaction nor is he or she a party to the
30 transaction under this subsection unless he or she receives a
31 benefit other than salary and any fee for services authorized
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1 by law. For purposes of this paragraph, a notary public who
2 is an attorney does not have a financial interest in and is
3 not a party to the underlying transaction evidenced by a
4 notarized document if he or she notarizes a signature on that
5 document for a client for whom he or she serves as an attorney
6 of record and the attorney has no interest in the document
7 other than a fee paid to him or her for legal services and any
8 fee authorized by law for services as a notary public.
9 (6)(7) The employer of a notary public shall be liable
10 to the persons involved for all damages proximately caused by
11 the notary's official misconduct, if the notary public was
12 acting within the scope of his or her employment at the time
13 the notary engaged in the official misconduct.
14 (7)(8) Any person who acts as or otherwise willfully
15 impersonates a notary public while not lawfully appointed and
16 commissioned to perform notarial acts is guilty of a
17 misdemeanor of the second degree, punishable as provided in s.
18 775.082 or s. 775.083.
19 (9) Any person who unlawfully possesses a notary
20 public official seal or any papers or copies relating to
21 notarial acts is guilty of a misdemeanor of the second degree,
22 punishable as provided in s. 775.082 or s. 775.083.
23 (8)(10) Any notary public who knowingly acts as a
24 notary public after his or her commission has expired is
25 guilty of a misdemeanor of the second degree, punishable as
26 provided in s. 775.082 or s. 775.083.
27 (9)(11) Any notary public who lawfully changes his or
28 her name shall, within 60 days after such change, forthwith
29 request an amended commission from the Secretary of State and
30 shall send $25, his or her current commission, and a notice of
31 change form, obtained from the Secretary of State, which shall
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1 include the new name and contain a specimen of his or her
2 official signature. The Secretary of State shall issue an
3 amended commission to the notary public in the new name. A
4 rider to the notary public's bond must accompany the notice of
5 change form. After submitting the required notice of change
6 form and rider to the Secretary of State requesting an amended
7 commission, the notary public may continue to perform notarial
8 acts in his or her former name for 60 days or until receipt of
9 the amended commission, whichever date is earlier.
10 (12) Any notary public who loses or misplaces his or
11 her notary public seal of office shall forthwith mail or
12 deliver notice of the fact to the Secretary of State.
13 (10)(13) A notary public who is not an attorney who
14 advertises the services of a notary public in a language other
15 than English, whether by radio, television, signs, pamphlets,
16 newspapers, or other written communication, with the exception
17 of a single desk plaque, shall post or otherwise include with
18 the advertisement a notice in English and in the language used
19 for the advertisement. The notice shall be of a conspicuous
20 size, if in writing, and shall state: "I AM NOT AN ATTORNEY
21 LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY
22 NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If the
23 advertisement is by radio or television, the statement may be
24 modified but must include substantially the same message.
25 (11)(14) Literal translation of the phrase "Notary
26 Public" into a language other than English is prohibited in an
27 advertisement for notarial services.
28 (12)(15)(a) A notary public may supervise the making
29 of a photocopy of an original document and attest to the
30 trueness of the copy, provided the document is neither a vital
31 record in this state, another state, a territory of the United
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1 States, or another country, nor a public record, if a copy can
2 be made by the custodian of the public record. A notary
3 public may not supervise the making of a photocopy and may not
4 attest to the trueness of a photocopy of a public record if a
5 copy can be made by another public official.
6 (b) A notary public must use a certificate in
7 substantially the following form in notarizing an attested
8 copy:
9
10 STATE OF FLORIDA
11 COUNTY OF ........
12
13 On this .... day of ........, ...(year)...19...., I attest
14 that the preceding or attached document is a true, exact,
15 complete, and unaltered photocopy made by me of
16 ...(description of document)... presented to me by the
17 document's custodian, ................, and, to the best of my
18 knowledge, that the photocopied document is neither a vital
19 public record nor a public record publicly recordable
20 document, certified copies of which are available from an
21 official source other than a notary public.
22
23 ...(Official Notary Signature and Notary Seal)...
24 ...(Name of Notary Typed, Printed or Stamped)...
25
26 (13)(16) The following notarial form certificates are
27 sufficient for the purposes indicated, if completed with the
28 information required by this chapter. The specification of
29 forms under this subsection does not preclude the use of other
30 forms.
31 (a) For an oath or affirmation:
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1
2 STATE OF FLORIDA
3 COUNTY OF ........
4
5 ...(Signature of Applicant)...
6 Sworn to (or affirmed) and subscribed before me this
7 .... day of ........, ...(year)......... 19...., by ...(name
8 of person making 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 (b) For an acknowledgment in an individual capacity:
18
19 STATE OF FLORIDA
20 COUNTY OF ........
21
22 The foregoing instrument was acknowledged before me this ....
23 day of ........, ...(year)......... 19 ........, by ...(name
24 of person acknowledging)...
25
26 ...(Signature of Notary Public - State of Florida)...
27 ...(Print, Type, or Stamp Commissioned Name of Notary
28 Public)...
29 Personally Known ........ OR Produced Identification
30 ........
31 Type of Identification Produced........................
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1
2 (c) For an acknowledgment in a representative
3 capacity:
4
5 STATE OF FLORIDA
6 COUNTY OF ........
7
8 The foregoing instrument was acknowledged before me this ....
9 day of ........, ...(year)......... 19 ........, by ...(name
10 of person)... as ...(type of authority, . . . e.g. officer,
11 trustee, attorney in fact)... for ...(name of party on behalf
12 of whom instrument was executed)...
13
14 ...(Signature of Notary Public - State of Florida)...
15 ...(Print, Type, or Stamp Commissioned Name of Notary
16 Public)...
17 Personally Known ........ OR Produced Identification
18 ........
19 Type of Identification Produced........................
20
21 (14) A notary public must make reasonable
22 accommodations to provide notarial services to persons with
23 disabilities.
24 (a) A notary public may notarize the signature of a
25 person who is blind after the notary public has read the
26 entire instrument to that person.
27 (b) A notary public may notarize the signature of a
28 person who signs with a mark if:
29 1. The document signing is witnessed by two
30 disinterested persons;
31
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1 2. The notary prints the person's first name at the
2 beginning of the designated signature line and the person's
3 last name at the end of the designated signature line; and
4 3. The notary prints the words "his (or her) mark"
5 below the person's signature mark.
6 (c) The following notarial certificates are sufficient
7 for the purpose of notarizing for a person who signs with a
8 mark:
9 1. For an oath or affirmation:
10
11 ...(First Name)......(Last Name)...
12 ...His (or her) Mark...
13
14 STATE OF FLORIDA
15 COUNTY OF ........
16
17 Sworn to and subscribed before me this .... day of ........,
18 ...(year)..., by ...(name of person making statement)..., who
19 signed with a mark in the presence of these witnesses:
20
21 ...(Signature of Notary Public - State of Florida)...
22
23 ...(Print, Type, or Stamp Commissioned Name of Notary
24 Public)...
25 Personally Known ........ OR Produced Identification
26 ........
27 Type of Identification Produced........................
28
29 2. For an acknowledgment in an individual capacity:
30
31 ...(First Name)......(Last Name)...
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1 ...His (or her) Mark...
2
3 STATE OF FLORIDA
4 COUNTY OF ........
5
6 The foregoing instrument was acknowledged before me this ....
7 day of ........, ...(year)..., by ...(name of person
8 acknowledging)..., who signed with a mark in the presence of
9 these witnesses:
10
11 ...(Signature of Notary Public - State of Florida)...
12
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 (d) A notary public may sign the name of a person
20 whose signature is to be notarized when that person is
21 physically unable to sign or make a signature mark on a
22 document if:
23 1. The person with a disability directs the notary to
24 sign in his or her presence;
25 2. The document signing is witnessed by two
26 disinterested persons;
27 3. The notary writes below the signature the following
28 statement: "Signature affixed by notary, pursuant to s.
29 117.05(14), Florida Statutes," and states the circumstances of
30 the signing in the notarial certificate.
31
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1 (e) The following notarial certificates are sufficient
2 for the purpose of notarizing for a person with a disability
3 who directs the notary to sign his or her name:
4
5 1. For an oath or affirmation:
6
7 STATE OF FLORIDA
8 COUNTY OF ........
9
10 Sworn to (or affirmed) before me this .... day of ........,
11 ...(year)..., by ...(name of person making statement)..., and
12 subscribed by ...(name of notary)... at the direction of and
13 in the presence of ...(name of person making statement)...,
14 and in the presence of these witnesses:
15
16 ...(Signature of Notary Public - State of Florida)...
17
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 2. For an acknowledgment in an individual capacity:
25
26 STATE OF FLORIDA
27 COUNTY OF ........
28
29 The foregoing instrument was acknowledged before me this ....
30 day of ........, ...(year)..., by ...(name of person
31 acknowledging)...and subscribed by ...(name of notary)... at
20
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1 the direction of and in the presence of ...(name of person
2 acknowledging)..., and in the presence of these witnesses:
3
4 ...(Signature of Notary Public - State of Florida)...
5
6 ...(Print, type, or Stamp Commissioned Name of Notary
7 Public)...
8 Personally Known ........ OR Produced Identification
9 ........
10 Type of Identification Produced........................
11
12 Section 6. Section 117.10, Florida Statutes, is
13 amended to read:
14 117.10 Law enforcement officers and correctional
15 officers.--Law enforcement officers, correctional officers,
16 and correctional probation officers, as defined in s. 943.10,
17 and traffic accident investigation officers, as described in
18 s. 316.640, and traffic infraction enforcement officers, as
19 described in s. 316.640 318.141, are authorized to administer
20 oaths notaries public when engaged in the performance of
21 official duties. Sections 117.01, 117.04, 117.045, 117.05, and
22 117.103 do not apply to the provisions of this section. An
23 officer may not notarize his or her own signature.
24 Section 7. Section 117.103, Florida Statutes, is
25 amended to read:
26 117.103 Certification of notary's authority by
27 Secretary of State.--A notary public is not required to record
28 his or her notary public commission in an office of a clerk of
29 the circuit court. If certification of the notary public's
30 commission is required, it must be obtained from the Secretary
31 of State. Upon the receipt of a written request, the notarized
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1 document, and a fee of $10 payable to the Secretary of State,
2 the Secretary of State shall provide a certificate of notarial
3 authority. Documents destined for countries participating in
4 an International Treaty called the Hague Convention require an
5 Apostille, and that requirement shall be determined by the
6 Secretary of State.
7 Section 8. Section 117.107, Florida Statutes, is
8 amended to read:
9 117.107 Prohibited acts.--
10 (1) A notary public may not use a name or initial in
11 signing certificates other than that by which the notary
12 public is commissioned.
13 (2) A notary public may not sign notarial certificates
14 using a facsimile signature stamp unless the notary public has
15 a physical disability that limits or prohibits his or her
16 ability to make a written signature and unless the notary
17 public has first submitted written notice to the Department of
18 State with an exemplar of the facsimile signature stamp. A
19 notary public may not acknowledge an instrument in which the
20 notary public's name appears as a party to the transaction.
21 (3) A notary public may not affix his or her signature
22 to a blank form of affidavit or certificate of acknowledgment
23 and deliver that form to another person with the intent that
24 it be used as an affidavit or acknowledgment.
25 (4) A notary public may not take the acknowledgment of
26 or administer an oath to a person whom the notary public
27 actually knows to have been adjudicated adjudged mentally
28 incapacitated by a court of competent jurisdiction, where the
29 acknowledgment or oath necessitates the exercise of a right
30 that has been removed pursuant to s. 744.3215(2) or (3), and
31
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1 where the person has not been restored to capacity as a matter
2 of record.
3 (5) A notary public may not notarize a signature on a
4 document if it appears that the person is mentally incapable
5 of understanding the nature and effect of the document at the
6 time of notarization. A notary public may not take the
7 acknowledgment of a person who is blind until the notary
8 public has read the instrument to such person.
9 (6) A notary public may not take the acknowledgment of
10 a person who does not speak or understand the English
11 language, unless the nature and effect of the instrument to be
12 notarized is translated into a language which the person does
13 understand.
14 (7) A notary public may not change anything in a
15 written instrument after it has been signed by anyone.
16 (8) A notary public may not amend a notarial
17 certificate after the notarization is complete.
18 (9) A notary public may not notarize a signature on a
19 document if the person whose signature is being notarized is
20 not in the presence of the notary public at the time the
21 signature is notarized. Any notary public who violates this
22 subsection is guilty of a civil infraction, punishable by
23 penalty not exceeding $5,000, and such violation constitutes
24 malfeasance and misfeasance in the conduct of official duties.
25 It is no defense to the civil infraction specified in this
26 subsection that the notary public acted without intent to
27 defraud. A notary public who violates this subsection with the
28 intent to defraud is guilty of violating s. 117.105.
29 (10) A notary public may not notarize a signature on a
30 document if the document is incomplete or blank. However, an
31 endorsement or assignment in blank of a negotiable or
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1 nonnegotiable note and the assignment in blank of any
2 instrument given as security for such note is not deemed
3 incomplete.
4 (11) A notary public may not notarize a signature on a
5 document if the person whose signature is to be notarized is
6 the spouse, son, daughter, mother, or father of the notary
7 public.
8 (12) A notary public may not notarize a signature on a
9 document if the notary public has a financial interest in or
10 is a party to the underlying transaction; however, a notary
11 public who is an employee may notarize a signature for his or
12 her employer, and this employment does not constitute a
13 financial interest in the transaction nor make the notary a
14 party to the transaction under this subsection as long as he
15 or she does not receive a benefit other than his or her salary
16 and the fee for services as a notary public authorized by law.
17 For purposes of this subsection, a notary public who is an
18 attorney does not have a financial interest in and is not a
19 party to the underlying transaction evidenced by a notarized
20 document if he or she notarizes a signature on that document
21 for a client for whom he or she serves as an attorney of
22 record and he or she has no interest in the document other
23 than the fee paid to him or her for legal services and the fee
24 authorized by law for services as a notary public.
25 Section 9. Section 117.20, Florida Statutes, is
26 amended to read:
27 117.20 Electronic notarization.--
28 (1) The provisions of ss. 117.01, 117.03, 117.04,
29 117.05(1)-(11), (13), and (14) 117.05(1)-(14) and (16),
30 117.105, and 117.107 apply to all notarizations under this
31 section except as set forth in this section.
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1 (2) An electronic notarization shall include the words
2 "Notary Public - State of Florida," the name of the notary
3 public, exactly as commissioned, the date of expiration of the
4 commission of the notary public, the commission number, and
5 the notary's digital signature. Neither a rubber stamp seal
6 nor an impression-type seal is required for an electronic
7 notarization.
8 (3) Any notary public who seeks to perform electronic
9 notarizations and obtains a certificate from any certification
10 authority, as defined in s. 282.72(2), and who is licensed in
11 the state shall request an amended commission from the
12 Secretary of State as set forth in s. 117.05(9) s. 117.05(11).
13 The Secretary of State shall issue an amended commission to
14 the notary public indicating that the notary is a subscriber
15 to the certification authority identified in the notary's
16 request for an amended commission. After requesting an
17 amended commission, the notary public may continue to perform
18 notarial acts, but may not use his or her digital signature in
19 the performance of notarial acts until receipt of the amended
20 commission. Any fees collected from such amended commissions
21 shall be used to fund the Secretary of State's administration
22 of electronic notary commissions.
23 (4) If the notary public's private key corresponding
24 to his or her public key has been compromised, the notary
25 public shall immediately notify the Secretary of State in
26 writing of the breach of security and shall request the
27 issuing certification authority to suspend or revoke the
28 certificate.
29 (5) A notary public shall keep a sequential journal of
30 all acts performed as a notary public under the provisions of
31 this section.
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1 (a) The journal must include, at a minimum, for every
2 notarial act, the date and time of the notarial act, the type
3 of notarial act, the type or name of the document, the
4 signer's printed name and signature, the signer's complete
5 address and telephone number, and the specific type of
6 identification presented by the signer, including both its
7 serial number and its expiration date.
8 (b) When requested in writing by the Governor's Office
9 or Department of State, the notary public must provide the
10 journal for inspection. The notary public must retain the
11 journal for safekeeping for at least five years beyond the
12 date of the last notarial act recorded in the journal.
13 (c) If the notary public journal is stolen, lost,
14 misplaced, destroyed, or rendered unusable within the time
15 period specified in paragraph (b), the notary public must
16 immediately notify the Governor's Office or the Department of
17 State in writing of the circumstances of the incident.
18 (6)(5) Failure to comply with this section constitutes
19 grounds for suspension from office by the Governor.
20 Section 10. Section 118.10, Florida Statutes, is
21 amended to read:
22 118.10 Florida international notary.--
23 (1) As used in this section, the term:
24 (a) "Authentic act" "Authentication instrument" means
25 an instrument executed by a Florida international notary
26 referencing this section, which includes the particulars and
27 capacities to act of transacting parties, a confirmation of
28 the full text of the instrument, the signatures of the parties
29 or legal equivalent thereof, and the signature and seal of a
30 Florida international notary as prescribed by the Florida
31
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1 Secretary of State for use in a jurisdiction outside the
2 borders of the United States.
3 (b) "Florida international notary" means a person who
4 is a member in good standing of The Florida Bar admitted to
5 the practice of law in this state, who has practiced law for
6 at least 5 years, and who is appointed by the Secretary of
7 State as a Florida international notary.
8 (c) "Protocol" means a registry maintained by a
9 Florida international notary in which the acts of the Florida
10 international notary are archived.
11 (2) The Secretary of State shall have the power to
12 appoint Florida international notaries and administer this
13 section.
14 (3) A Florida international notary is authorized to
15 issue authentication instruments for use in non-United States
16 jurisdictions. A Florida international notary is not
17 authorized to issue authentic acts authentication instruments
18 for use in a non-United States jurisdiction if the United
19 States Department of State has determined that the
20 jurisdiction does not have diplomatic relations with the
21 United States or is a terrorist country, or if trade with the
22 jurisdiction is prohibited under the Trading With the Enemy
23 Act of 1917, as amended, 50 U.S.C. ss. 1, et seq.
24 (4) The authentication instruments of a Florida
25 international notary shall not be considered authentication
26 instruments within the borders of the United States and shall
27 have no consequences or effects as authentication instruments
28 in the United States.
29 (4)(5) The authentic acts authentication instruments
30 of a Florida international notary shall be recorded in the
31
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1 Florida international notary's protocol in a manner prescribed
2 by the Secretary of State.
3 (5)(6) The Secretary of State may adopt rules
4 prescribing:
5 (a) The form and content of signatures and seals or
6 their legal equivalents for authentic acts authentication
7 instruments;
8 (b) Procedures for the permanent archiving of
9 authentic acts authentication instruments;
10 (c) The charging of reasonable fees to be retained by
11 the Secretary of State for the purpose of administering this
12 section;
13 (d) Educational requirements and procedures for
14 testing applicants' knowledge of the effects and consequences
15 associated with authentic acts authentication instruments in
16 jurisdictions outside the United States;
17 (e) Procedures for the disciplining of Florida
18 international notaries, including the suspension and
19 revocation of appointments for misrepresentation or fraud
20 regarding the Florida international notary's authority, the
21 effect of the Florida international notary's authentic acts
22 authentication instruments, or the identities or acts of the
23 parties to a transaction; and
24 (f) Other matters necessary for administering this
25 section.
26 (6)(7) The Secretary of State shall not regulate,
27 discipline or attempt to discipline, or establish any
28 educational requirements for any Florida international notary
29 for, or with regard to, any action or conduct that would
30 constitute the practice of law in this state, except by
31 agreement with The Florida Bar. The Secretary of State shall
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1 not establish as a prerequisite to the appointment of a
2 Florida international notary any test containing any question
3 that inquires of the applicant's knowledge regarding the
4 practice of law in the United States, except by agreement with
5 The Florida Bar.
6 (7)(8) This section shall not be construed as
7 abrogating the provisions of any other act relating to
8 notaries public, attorneys, or the practice of law in this
9 state.
10 Section 11. Subsection (1) of section 11.03, Florida
11 Statutes, is amended to read:
12 11.03 Proof of publication of notice.--
13 (1) Affidavit of proof of publication of such notice
14 of intention to apply therefor, may be made, in substantially
15 the following general form, but such form shall not be
16 exclusive:
17
18 STATE OF FLORIDA
19 COUNTY OF ....
20 Before the undersigned authority personally appeared
21 ...., who on oath does solemnly swear (or affirm) that she or
22 he has knowledge of the matters stated herein; that a notice
23 stating the substance of a contemplated law or proposed bill
24 relating to
25 ...(here identify bill)...
26 has been published at least 30 days prior to this date, by
27 being printed in the issues of ...(here state day, month and
28 year of issue or issues)... of the ...., a newspaper or
29 newspapers published in .... County or Counties, Florida (or)
30 there being no newspaper, by being posted for at least 30 days
31 prior to this date at three public places in .... County or
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1 Counties, one of which places was at the courthouse of said
2 county or counties, where the matter or thing to be affected
3 by the contemplated law is situated; that a copy of the notice
4 that has been published as aforesaid and also this affidavit
5 of proof of publication are attached to the proposed bill or
6 contemplated law, and such copy of the notice so attached is
7 by reference made a part of this affidavit.
8 ..............................................................
9
10 Sworn to (or affirmed) and subscribed before me this
11 .... day of ........, ...(year)..., by ...(name of person
12 making statement)..........
13
14 ...(Signature of Notary Public - State of Florida)...
15 ...(Print, Type, or Stamp Commissioned Name of Notary
16 Public)...
17 Personally Known ........ OR Produced Identification
18 ........
19 Type of Identification Produced........................
20
21 Sworn to and subscribed before me this .... 19....
22 (SEAL)
23 ...(Signature)...
24 Notary Public, State of Florida.
25 My commission expires ....
26
27 Section 12. Paragraph (a) of subsection (2) of section
28 475.180, Florida Statutes, is amended to read:
29 475.180 Nonresident licenses.--
30 (2)(a) Any applicant who is not a resident of this
31 state shall file an irrevocable consent that suits and actions
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1 may be commenced against her or him in any county of this
2 state in which a plaintiff having a cause of action or suit
3 against her or him resides, and that service of any process or
4 pleading in suits or actions against her or him may be made by
5 delivering the process or pleading to the director of the
6 Division of Real Estate by certified mail, return receipt
7 requested, and also to the licensee by registered mail
8 addressed to the licensee at her or his designated principal
9 place of business. Service, when so made, must be taken and
10 held in all courts to be as valid and binding upon the
11 licensee as if made upon her or him in this state within the
12 jurisdiction of the court in which the suit or action is
13 filed. The irrevocable consent must be in a form prescribed by
14 the department and be acknowledged before by a notary public.
15 Section 13. Subsection (3) of section 713.08, Florida
16 Statutes, is amended to read:
17 713.08 Claim of lien.--
18 (3) The claim of lien shall be sufficient if it is in
19 substantially the following form:
20
21 CLAIM OF LIEN
22 State of ....
23 County of ....
24 Before me, the undersigned notary public, personally
25 appeared ...., who was duly sworn and says that she or he is
26 (the lienor herein) (the agent of the lienor herein ....),
27 whose address is ....; and that in accordance with a contract
28 with ...., lienor furnished labor, services, or materials
29 consisting of .... on the following described real property in
30 .... County, Florida:
31
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1 (Legal description of real property)
2
3 owned by .... of a total value of $...., of which there
4 remains unpaid $...., and furnished the first of the items on
5 ...., ...(year)......... 19...., and the last of the items on
6 ...., ...(year)......... 19....; and (if the lien is claimed
7 by one not in privity with the owner) that the lienor served
8 her or his notice to owner on ...., ...(year)......... 19....,
9 by ....; and (if required) that the lienor served copies of
10 the notice on the contractor on ...., ...(year).........
11 19...., by .... and on the subcontractor, ...., on ....,
12 ...(year)......... 19...., by .....
13 ...(Signature)...
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 Sworn to and subscribed before me this .... day of ....,
26 19.....
27 ...(Notary Public)... My commission expires: ....
28
29 Section 14. Paragraph (d) of subsection (1) of section
30 713.13, Florida Statutes, is amended to read:
31 713.13 Notice of commencement.--
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1 (1)
2 (d) A notice of commencement must be in substantially
3 the following form:
4
5 Permit No..... Tax Folio No.....
6 NOTICE OF COMMENCEMENT
7 State of....
8 County of....
9
10 The undersigned hereby gives notice that improvement will be
11 made to certain real property, and in accordance with Chapter
12 713, Florida Statutes, the following information is provided
13 in this Notice of Commencement.
14 1. Description of property: ...(legal description of
15 the property, and street address if available)....
16 2. General description of improvement:.....
17 3. Owner information:.....
18 a. Name and address:.....
19 b. Interest in property:.....
20 c. Name and address of fee simple titleholder (if
21 other than Owner):.....
22 4. Contractor: ...(name and address)....
23 a. Phone number:.....
24 b. Fax number:....(optional, if service by fax is
25 acceptable).
26 5. Surety
27 a. Name and address:.....
28 b. Phone number:.....
29 c. Fax number:....(optional, if service by fax is
30 acceptable).
31 d. Amount of bond: $.....
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1 6. Lender: ...(name and address)....
2 a. Phone number:.....
3 b. Fax number:....(optional, if service by fax is
4 acceptable).
5 7. Persons within the State of Florida designated by
6 Owner upon whom notices or other documents may be served as
7 provided by Section 713.13(1)(a)7., Florida Statutes:
8 ...(name and address)....
9 a. Phone number:.....
10 b. Fax number:....(optional, if service by fax is
11 acceptable).
12 8. In addition to himself or herself, Owner designates
13 ............ of ............ to receive a copy of the Lienor's
14 Notice as provided in Section 713.13(1)(b), Florida Statutes.
15 a. Phone number:.....
16 b. Fax number:....(optional, if service by fax is
17 acceptable).
18 9. Expiration date of notice of commencement (the
19 expiration date is 1 year from the date of recording unless a
20 different date is specified).....
21
22 ...(Signature of Owner)...
23
24 Sworn to (or affirmed) and subscribed before me this
25 .... day of ........, ...(year)..., by ...(name of person
26 making 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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1 Personally Known ........ OR Produced Identification
2 ........
3 Type of Identification Produced........................
4
5 Sworn to and subscribed before me this .... day of ....,
6 19.....
7
8 ...(Notary Public)... My Commission Expires:.....
9
10 Section 15. Subsection (7) of section 713.135, Florida
11 Statutes, is amended to read:
12 713.135 Notice of commencement and applicability of
13 lien.--
14 (7) In addition to any other information required by
15 the authority issuing the permit, the building permit
16 application must be in substantially the following form:
17
18 Tax Folio No.........
19 BUILDING PERMIT APPLICATION
20
21 Owner's Name..................................................
22 Owner's Address...............................................
23 Fee Simple Titleholder's Name (If other than owner)...........
24 Fee Simple Titleholder's Address (If other than owner)........
25 City..........................................................
26 State............ Zip............
27 Contractor's Name.............................................
28 Contractor's Address..........................................
29 City..........................................................
30 State............ Zip............
31 Job Name......................................................
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1 Job Address...................................................
2 City................ County............
3 Legal Description.............................................
4 Bonding Company...............................................
5 Bonding Company Address.......................................
6 City................ State............
7 Architect/Engineer's Name.....................................
8 Architect/Engineer's Address..................................
9 Mortgage Lender's Name........................................
10 Mortgage Lender's Address.....................................
11
12 Application is hereby made to obtain a permit to do the
13 work and installations as indicated. I certify that no work
14 or installation has commenced prior to the issuance of a
15 permit and that all work will be performed to meet the
16 standards of all laws regulating construction in this
17 jurisdiction. I understand that a separate permit must be
18 secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS,
19 FURNACES, BOILERS, HEATERS, TANKS, and AIR CONDITIONERS, etc.
20
21 OWNER'S AFFIDAVIT: I certify that all the foregoing
22 information is accurate and that all work will be done in
23 compliance with all applicable laws regulating construction
24 and zoning.
25
26 WARNING TO OWNER: YOUR FAILURE TO RECORD A
27 NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
28 PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.
29
30
31
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1 IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH
2 YOUR LENDER OR AN ATTORNEY BEFORE RECORDING
3 YOUR NOTICE OF COMMENCEMENT.
4 ...(Signature of Owner or Agent)...
5 ...(including contractor).........
6 STATE OF FLORIDA
7 COUNTY OF ........
8
9 Sworn to (or affirmed) and subscribed before me this
10 .... day of ........, ...(year)..., by ...(name of person
11 making 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 ...(Signature of Contractor)...
20
21 STATE OF FLORIDA
22 COUNTY OF ........
23
24 Sworn to (or affirmed) and subscribed before me this
25 .... day of ........, ...(year)..., by ...(name of person
26 making 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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1 Personally Known ........ OR Produced Identification
2 ........
3 Type of Identification Produced........................
4
5 Signature.... Signature....
6 Owner or Agent Contractor
7 (including contractor)
8
9 Date.... Date....
10
11 NOTARY as NOTARY as
12 to Owner or Agent.... to Contractor....
13 My Commission Expires:.... My Commission Expires:....
14
15 (Certificate of Competency Holder)
16
17 Contractor's State Certification or Registration No.....
18
19 Contractor's Certificate of Competency No.........
20
21 APPLICATION APPROVED BY................Permit Officer
22
23 Section 16. Subsections (4), (6), and (8) of section
24 713.245, Florida Statutes, are amended to read:
25 713.245 Conditional payment bond.--
26 (4) Within 90 days after a claim of lien is recorded
27 for labor, services, or materials for which the contractor has
28 been paid, the owner or the contractor may record a notice of
29 bond as specified in s. 713.23(2), together with a copy of the
30 bond and a sworn statement in substantially the following
31 form:
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1
2 CERTIFICATE OF PAYMENT TO THE CONTRACTOR
3
4 TO: Lienor ...(name and address from claim of lien)...
5 Contractor ...(name and address)...
6 Surety ...(name and address)...
7
8 Under penalties of perjury, the undersigned certifies
9 that the bond recorded with this certificate conforms with s.
10 713.245, F.S., that the bond is in full force and effect, and
11 that the contractor has been paid $.... for the labor,
12 services, and materials described in the Claim of Lien filed
13 by ........ dated ...., ...(year)......... 19...., and
14 recorded ........, ...(year)......... 19...., in Official
15 Records Book .... at Page .... of the Public Records of
16 ........ County, Florida.
17
18 Dated this .... day of ........, ...(year).........
19 19.....
20 ...(Owner)...
21 ...(Address)...
22 ............
23 ............
24
25 STATE OF FLORIDA
26 COUNTY OF ........
27
28 Sworn to (or affirmed) and subscribed before me this
29 .... day of ........, ...(year)..., by ...(name of person
30 making statement)..........
31
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1 ...(Signature of Notary Public - State of Florida)...
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 Sworn to and subscribed before me,
9 the undersigned authority, this
10 .... day of ...., 19.....
11
12 ...(Name)...
13 NOTARY PUBLIC
14 My Commission Expires:
15 ...(Contractor)...
16 ...(Address)...
17 ............
18 ............
19
20 STATE OF FLORIDA
21 COUNTY OF ........
22
23 Sworn to (or affirmed) and subscribed before me this
24 .... day of ........, ...(year)..., by ...(name of person
25 making statement)..........
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 Sworn to and subscribed before me,
4 the undersigned authority, this
5 .... day of ...., 19.....
6
7 ...(Name)...
8 NOTARY PUBLIC
9 My Commission Expires:
10
11 Any notice of bond recorded more than 90 days after the
12 recording of the claim of lien shall have no force or effect
13 as to that lien unless the owner, the contractor and the
14 surety all sign the notice of bond.
15 (6) The contractor may join in a certificate of
16 payment to the contractor at any time by recording a sworn
17 statement substantially in the following form:
18
19 JOINDER IN CERTIFICATE OF PAYMENT
20
21 TO: Owner ...(name and address from certificate of payment)...
22 Lienor ...(name and address from claim of lien)...
23 Surety ...(name and address)...
24
25 The undersigned joins in the Certificate of Payment to the
26 Contractor recorded on ........, ...(year)......... 19...., in
27 Official Records Book .... at Page .... of the Public Records
28 of ........ County, Florida, and certifies that the facts
29 stated in the Certificate of Payment to the Contractor are
30 true and correct.
31
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1 Dated this .... day of ........, ...(year).........
2 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 ........, ...(year),..., by ...(name of person
13 making 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 (8) If the contractor disputes the certificate of
31 payment to the contractor, the contractor must record, not
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1 later than 15 days after the date the clerk certifies service
2 of the certificate, a sworn statement in substantially the
3 following form:
4
5 NOTICE OF CONTEST 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 Under penalties of perjury, the undersigned certifies
12 that the contractor has not been paid or has only been paid
13 $.... for the labor, services, and materials described in the
14 Certificate of Payment to the Contractor recorded in Official
15 Records Book .... at Page .... of the Public Records of
16 ........ County, Florida.
17
18 Dated this .... day of ........, ...(year).........
19 19.....
20 ...(Name)...
21 ...(Address)...
22 ............
23 ............
24
25 STATE OF FLORIDA
26 COUNTY OF ........
27
28 Sworn to (or affirmed) and subscribed before me this
29 .... day of ........, ...(year)..., by ...(name of person
30 making statement)..........
31
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1 ...(Signature of Notary Public - State of Florida)...
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 Sworn to and subscribed before me,
9 the undersigned authority, this
10 .... day of ...., 19.....
11
12 ...(Name)...
13 NOTARY PUBLIC
14 My Commission Expires:
15
16 Section 17. Paragraph (b) of subsection (1) of section
17 727.104, Florida Statutes, is amended to read:
18 727.104 Commencement of proceedings.--
19 (1)
20 (b) The assignment shall be in substantially the
21 following form:
22
23 ASSIGNMENT
24
25 ASSIGNMENT, made this .... day of ...., ...(year).........
26 19...., between ...., with a principal place of business at
27 ...., hereinafter "assignor," and ...., whose address is ....,
28 hereinafter "assignee."
29 WHEREAS, the assignor has been engaged in the business
30 of ........;
31
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1 WHEREAS, the assignor is indebted to creditors, as set
2 forth in Schedule A annexed hereto, is unable to pay its debts
3 as they become due, and is desirous of providing for the
4 payment of its debts, so far as it is possible by an
5 assignment of all of its assets for that purpose.
6 NOW, THEREFORE, the assignor, in consideration of the
7 assignee's acceptance of this assignment, and for other good
8 and valuable consideration, hereby grants, assigns, conveys,
9 transfers, and sets over, unto the assignee, her or his
10 successors and assigns, all of its assets, except such assets
11 as are exempt by law from levy and sale under an execution,
12 including, but not limited to, all real property, fixtures,
13 goods, stock, inventory, equipment, furniture, furnishings,
14 accounts receivable, bank deposits, cash, promissory notes,
15 cash value and proceeds of insurance policies, claims and
16 demands belonging to the assignor, wherever such assets may be
17 located, hereinafter the "estate," as which assets are, to the
18 best knowledge and belief of the assignor, set forth on
19 Schedule B annexed hereto.
20 The assignee shall take possession and administer the
21 estate in accordance with the provisions of chapter 727,
22 Florida Statutes, and shall liquidate the assets of the estate
23 with reasonable dispatch and convert the estate into money,
24 collect all claims and demands hereby assigned as may be
25 collectible, and pay and discharge all reasonable expenses,
26 costs, and disbursements in connection with the execution and
27 administration of this assignment from the proceeds of such
28 liquidations and collections.
29 The assignee shall then pay and discharge in full, to
30 the extent that funds are available in the estate after
31 payment of administrative expenses, costs, and disbursements,
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1 all of the debts and liabilities now due from the assignor,
2 including interest on such debts and liabilities. If funds of
3 the estate shall not be sufficient to pay such debts and
4 liabilities in full, then the assignee shall pay from funds of
5 the estate such debts and liabilities, on a pro rata basis and
6 in proportion to their priority as set forth in s. 727.114,
7 Florida Statutes.
8 In the event that all debts and liabilities are paid in
9 full, any funds of the estate remaining shall be returned to
10 the assignor.
11 To accomplish the purposes of this assignment, the
12 assignor hereby appoints the assignee its true and lawful
13 attorney, irrevocable, with full power and authority to do all
14 acts and things which may be necessary to execute the
15 assignment hereby created; to demand and recover from all
16 persons all assets of the estate; to sue for the recovery of
17 such assets; to execute, acknowledge, and deliver all
18 necessary deeds, instruments, and conveyances; and to appoint
19 one or more attorneys under her or him to assist the assignee
20 in carrying out her or his duties hereunder.
21 The assignor hereby authorizes the assignee to sign the
22 name of the assignor to any check, draft, promissory note, or
23 other instrument in writing which is payable to the order of
24 the assignor, or to sign the name of the assignor to any
25 instrument in writing, whenever it shall be necessary to do
26 so, to carry out the purpose of this assignment.
27 The assignee hereby accepts the trust created by the
28 assignment, and agrees with the assignor that the assignee
29 will faithfully and without delay carry out her or his duties
30 under the assignment.
31
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1 ................
2 Assignor
3
4 ................
5 Assignee
6
7 STATE OF FLORIDA
8 COUNTY OF ........ SS: ........
9
10 The foregoing assignment was acknowledged before me
11 this .... day of ...., ...(year)......... 19...., by ...., as
12 assignor, and by ...., as assignee, for the purposes therein
13 expressed.
14 ...(Signature of Notary Public - State of Florida)...
15 ...(Print, Type, or Stamp Commissioned Name of Notary
16 Public)...
17 Personally Known ........ OR Produced Identification
18 ........
19 Type of Identification Produced........................
20
21
22 ................
23 Notary Public
24
25 My Commission Expires:
26
27 Section 18. Section 732.503, Florida Statutes, is
28 amended to read:
29 732.503 Self-proof of will.--A will or codicil
30 executed in conformity with s. 732.502(1) and (2) may be made
31 self-proved at the time of its execution or at any subsequent
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1 date by the acknowledgment of it by the testator and the
2 affidavits of the witnesses, each made before an officer
3 authorized to administer oaths and evidenced by the officer's
4 certificate attached to or following the will, in
5 substantially the following form:
6
7 STATE OF ....
8 COUNTY OF ....
9 We, ...., ...., and .... the testator and the
10 witnesses, respectively, whose names are signed to the
11 attached or foregoing instrument, having been sworn, declared
12 to the undersigned officer that the testator, in the presence
13 of witnesses, signed the instrument as the testator's last
14 will (codicil), that the testator (signed) (or directed
15 another to sign for him or her), and that each of the
16 witnesses, in the presence of the testator and in the presence
17 of each other, signed the will as a witness.
18 ...(Testator)...
19 ...(Witness)...
20 ...(Witness)...
21 Subscribed and sworn to before me by ...., the testator
22 a witness who is personally known to me or who has produced
23 ...(type of identification)... as identification, and by ....,
24 a witness who is personally known to me or who has produced
25 ...(type of identification)... as identification, and by ....,
26 a witness who is personally known to me or who has produced
27 ...(type of identification)... as identification, on ....,
28 ...(year)......... 19.....
29 ...(Signature of Notary Public)...
30 ...(Print, type, or stamp commissioned name of Notary
31 Public)...
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1 My Commission Expires: ....
2
3 Section 19. Subsection (1) of section 747.051, Florida
4 Statutes, is amended to read:
5 747.051 Summary procedure.--
6 (1) If the wife of any person defined as an absentee
7 in s. 747.01(1), or his next of kin if said absentee has no
8 wife, shall wish to sell or transfer any property of the
9 absentee which has a gross value of less than $5,000, or shall
10 require the consent of the absentee in any matter regarding
11 the absentee's children or in any other matter in which the
12 gross value of the subject matter is less than $5,000, she may
13 apply to the circuit court for an order authorizing said sale,
14 transfer, or consent without opening a full conservatorship
15 proceeding as provided by this chapter. She may make the
16 application without the assistance of an attorney. Said
17 application shall be made by petition on the following form,
18 which form shall be made readily available to the applicant by
19 the clerk of the circuit court:
20
21 In the Circuit Court
22
23 In re: ...(Absentee)..., case number .....
24
25 PETITION FOR SUMMARY RELIEF
26
27 Petitioner, ...(Name)..., whose residence is ...(Street &
28 number)..., ...(City or town)..., and ...(County)..., Florida,
29 and who is the ...(Describe relationship to absentee)... of
30 the absentee, ...(Name)..., states that the absentee has been
31 ...(Imprisoned or missing in action)... since ...(Date)...
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1 when ...(Describe details).... Petitioner desires to
2 sell/transfer ...(Describe property)... of the value of
3 ...(Value)... because ...(Give reasons).... The terms of
4 sale/transfer are ...(Give reasons).... Petitioner requires
5 the consent of the absentee for the purpose of .....
6 ...(Petitioner)...
7 State of Florida
8 County of....
9
10 Sworn to (or affirmed) and subscribed before me this
11 .... day of ........, ...(year)..., by ...(name of person
12 making statement)..........
13
14 ...(Signature of Notary Public - State of Florida)...
15 ...(Print, Type, or Stamp Commissioned Name of Notary
16 Public)...
17 Personally Known ........ OR Produced Identification
18 ........
19 Type of Identification Produced........................
20
21
22 The above named, ...., being by me duly sworn, says the
23 foregoing petition is true and correct to the best of his/her
24 knowledge and belief.
25 ...(Notary Public or County Court Judge)...
26 My commission expires ....
27
28 Section 20. This act shall take effect January 1,
29 1999.
30
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1130
3
4 Increases the surety bond requirement for notaries from $5,000
to 7,500.
5
Revises the law related to Florida international notaries to
6 change the term "authentication instruments" to "authentic
acts" and to establish that the authentic acts of Florida
7 international notaries have legal effect in this country as
well as in foreign jurisdictions. The committee substitute
8 also authorizes the Secretary of State to establish
educational and other requirements for international notaries
9 (who must be attorneys) subject to agreement with The Florida
Bar.
10
Authorizes the Executive Office of the Governor to contract
11 with private vendors for the notary educational functions of
the Office.
12
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19
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