House Bill 1077e1

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                                          HB 1077, First Engrossed



  1                      A bill to be entitled

  2         An act relating to notaries public and

  3         civil-law notaries; amending s. 15.16, F.S.;

  4         authorizing the Secretary of State to issue

  5         apostilles; authorizing a fee; amending s.

  6         117.03, F.S., providing for the issuance of

  7         certified copies of certificates of commission

  8         and certificates of notarial authority;

  9         amending s. 118.10, F.S.; clarifying the

10         definition and purposes of authentic acts;

11         providing for a presumption of correctness;

12         expanding and clarifying the Secretary of

13         State's rulemaking powers with regard to

14         authentic acts, acknowledgements, oaths,

15         solemnizations of marriage, and discipline,

16         testing, bonding, and insurance requirements

17         for civil-law notaries; creating s. 118.12,

18         F.S., authorizing the issuance of certificates

19         of notarial authority and apostilles to

20         civil-law notaries; providing an effective

21         date.

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

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25         Section 1.  Subsection (6) is added to section 15.16,

26  Florida Statutes, to read:

27         15.16  Reproduction of records; admissibility in

28  evidence; electronic receipt and transmission of records;

29  certification; acknowledgment.--

30         (6)  The Secretary of State is authorized to issue

31  apostilles. The Secretary of State shall have the sole


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                                          HB 1077, First Engrossed



  1  authority to establish, in conformity with the laws of the

  2  United States, the requirements and procedures for the

  3  issuance of apostilles and may charge a fee for the issuance

  4  of an apostille not to exceed $10 per apostille.

  5         Section 2.  Section 117.103, Florida Statutes, is

  6  amended to read:

  7         117.103  Certification of notary's authority by

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

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

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

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

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

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

14  the Secretary of State shall provide a certified copy of the

15  notary public's original certificate of commission which shall

16  be legally sufficient to establish the notary public's

17  authority to provide the services specifically authorized for

18  a notary public by the Florida Statutes, and shall issue a

19  certificate of notarial authority, the contents of which shall

20  be determined by the Secretary of State and shall establish

21  for third parties the extent of the legal authority of the

22  notary public. certificate of notarial authority.  Documents

23  destined for countries participating in an International

24  Treaty called the Hague Convention require an Apostille, and

25  that requirement shall be determined by the Secretary of

26  State.

27         Section 3.  Section 118.10, Florida Statutes, is

28  amended to read:

29         118.10  Civil-law notary.--

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

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                                          HB 1077, First Engrossed



  1         (a)  "Authentic act" means an instrument executed by a

  2  civil-law notary referencing this section, which includes the

  3  particulars and capacities to act of the transacting party or

  4  parties, a confirmation of the full text of the instrument,

  5  the signatures of the party or parties or legal equivalent

  6  thereof, and the signature and seal of a civil-law notary as

  7  prescribed by the Florida Secretary of State.

  8         (b)  "Civil-law notary" means a person who is a member

  9  in good standing of The Florida Bar, who has practiced law for

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

11  State as a civil-law notary.

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

13  civil-law notary in which the acts of the civil-law notary are

14  archived.

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

16  appoint civil-law notaries and administer this section.

17         (3)  A civil-law notary is authorized to issue

18  authentic acts and thereby may authenticate or certify any

19  document, transaction, event, condition or occurrence.  The

20  contents of an authentic act and matters incorporated therein

21  shall be presumed correct. A civil-law notary may also

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

23  necessary for execution of any writing or document to be

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

25  public. A civil-law notary may also take acknowledgements of

26  deeds and other instruments of writing for record, and

27  solemnize the rites of matrimony, as fully as other officers

28  of this state.  A civil-law notary is not authorized to issue

29  authentic acts for use in a jurisdiction if the United States

30  Department of State has determined that the jurisdiction does

31  not have diplomatic relations with the United States or is a


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                                          HB 1077, First Engrossed



  1  terrorist country, or if trade with the jurisdiction is

  2  prohibited under the Trading With the Enemy Act of 1917, as

  3  amended, 50 U.S.C. ss. 1, et seq.

  4         (4)  The authentic acts, oaths and acknowledgements,

  5  and solemnizations of a civil-law notary shall be recorded in

  6  the civil-law notary's protocol in a manner prescribed by the

  7  Secretary of State.

  8         (5)  The Secretary of State may adopt rules

  9  prescribing:

10         (a)  The form and content of authentic acts, oaths,

11  acknowledgments, solemnizations and signatures and seals or

12  their legal equivalents. for authentic acts;

13         (b)  Procedures for the permanent archiving of

14  authentic acts, maintaining records of acknowledgments, oaths

15  and solemnizations, and procedures for the administration of

16  oaths and taking of acknowledgments and for solemnizations;

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

18  the Secretary of State for the purpose of administering this

19  section;

20         (d)  Educational requirements and procedures for

21  testing applicants' knowledge of all matters relevant to the

22  appointment, authority, duties or legal or ethical

23  responsibilities of a civil-law notary the effects and

24  consequences associated with authentic acts;

25         (e)  Procedures for the disciplining of civil-law

26  notaries, including but not limited to the suspension and

27  revocation of appointments for failure to comply with the

28  requirements of Chapter 118 or the rules of the Department of

29  State, for misrepresentation or fraud regarding the civil-law

30  notary's authority, the effect of the civil-law notary's

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                                          HB 1077, First Engrossed



  1  authentic acts, or the identities or acts of the parties to a

  2  transaction; and

  3         (f)  Bonding or errors and omissions insurance

  4  requirements, or both, for civil-law notaries.

  5         (g)(f)  Other matters necessary for administering this

  6  section.

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

  8  discipline or attempt to discipline, or establish any

  9  educational requirements for any civil-law notary for, or with

10  regard to, any action or conduct that would constitute the

11  practice of law in this state, except by agreement with The

12  Florida Bar.  The Secretary of State shall not establish as a

13  prerequisite to the appointment of a civil-law notary any test

14  containing any question that inquires of the applicant's

15  knowledge regarding the practice of law in the United States,

16  unless such test is offered in connection with an educational

17  program approved by the Florida Bar for continuing legal

18  education credit except by agreement with The Florida Bar.

19         (7)  The powers of civil-law notaries include, but are

20  not limited to, all of the powers of a notary public under any

21  law of this state.

22         (8)  This section shall not be construed as abrogating

23  the provisions of any other act relating to notaries public,

24  attorneys, or the practice of law in this state.

25         Section 4.  Section 118.42, Florida Statutes, is

26  created to read:

27         118.12  Certification of civil-law notary's authority;

28  apostilles.--If certification of a civil-law notary's

29  authority is necessary for a particular document or

30  transaction, it must be obtained from the Secretary of State.

31  Upon the receipt of a written request from a civil-law notary,


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                                          HB 1077, First Engrossed



  1  a copy of the document, and a fee of $10 payable to the

  2  Secretary of State, the Secretary of State shall provide a

  3  certification of the civil-law notary's authority which may be

  4  used in support of the document submitted and any related

  5  transaction.  Documents destined for countries participating

  6  in an International Treaty called the Hague Convention may

  7  require an Apostille and the Secretary of State shall upon

  8  receiving a written request from a civil-law notary, a copy of

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

10  State, provide an apostille conforming to the requirements of

11  the Hague Convention and including such other matters as the

12  Secretary of State may establish by rule.

13         Section 5.  This act shall take effect September 1,

14  1999.

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