CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for SB 1566
Amendment No.
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5
6
7
8
9
10
11 Senator Grant moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 163, between lines 27 and 28,
15
16 insert:
17 Section 63. Subsection (6) is added to section 15.16,
18 Florida Statutes, to read:
19 15.16 Reproduction of records; admissibility in
20 evidence; electronic receipt and transmission of records;
21 certification; acknowledgment.--
22 (6) The Secretary of State is authorized to issue
23 apostilles. The Secretary of State shall have the sole
24 authority to establish, in conformity with the laws of the
25 United States, the requirements and procedures for the
26 issuance of apostilles and may charge a fee for the issuance
27 of an apostille not to exceed $10 per apostille.
28 Section 64. Section 117.103, Florida Statutes, is
29 amended to read:
30 117.103 Certification of notary's authority by
31 Secretary of State.--A notary public is not required to record
1
9:59 AM 04/22/99 s1566c2c-13r0a
SENATE AMENDMENT
Bill No. CS for CS for SB 1566
Amendment No.
1 his or her notary public commission in an office of a clerk of
2 the circuit court. If certification of the notary public's
3 commission is required, it must be obtained from the Secretary
4 of State. Upon the receipt of a written request, the notarized
5 document, and a fee of $10 payable to the Secretary of State,
6 the Secretary of State shall provide a certified copy of the
7 notary public's original certificate of commission which shall
8 be legally sufficient to establish the notary public's
9 authority to provide the services specifically authorized for
10 a notary public by the Florida Statutes, and shall issue a
11 certificate of notarial authority, the contents of which shall
12 be determined by the Secretary of State and shall establish
13 for third parties the extent of the legal authority of the
14 notary public. certificate of notarial authority. Documents
15 destined for countries participating in an International
16 Treaty called the Hague Convention require an Apostille, and
17 that requirement shall be determined by the Secretary of
18 State.
19 Section 65. Section 118.10, Florida Statutes, is
20 amended to read:
21 118.10 Civil-law notary.--
22 (1) As used in this section, the term:
23 (a) "Authentic act" means an instrument executed by a
24 civil-law notary referencing this section, which includes the
25 particulars and capacities to act of the transacting party or
26 parties, a confirmation of the full text of the instrument,
27 the signatures of the party or parties or legal equivalent
28 thereof, and the signature and seal of a civil-law notary as
29 prescribed by the Florida Secretary of State.
30 (b) "Civil-law notary" means a person who is a member
31 in good standing of The Florida Bar, who has practiced law for
2
9:59 AM 04/22/99 s1566c2c-13r0a
SENATE AMENDMENT
Bill No. CS for CS for SB 1566
Amendment No.
1 at least 5 years, and who is appointed by the Secretary of
2 State as a civil-law notary.
3 (c) "Protocol" means a registry maintained by a
4 civil-law notary in which the acts of the civil-law notary are
5 archived.
6 (2) The Secretary of State shall have the power to
7 appoint civil-law notaries and administer this section.
8 (3) A civil-law notary is authorized to issue
9 authentic acts and thereby may authenticate or certify any
10 document, transaction, event, condition or occurrence. The
11 contents of an authentic act and matters incorporated therein
12 shall be presumed correct. A civil-law notary may also
13 administer an oath and make a certificate thereof when it is
14 necessary for execution of any writing or document to be
15 attested, protested, or published under the seal of a notary
16 public. A civil-law notary may also take acknowledgements of
17 deeds and other instruments of writing for record, and
18 solemnize the rites of matrimony, as fully as other officers
19 of this state. A civil-law notary is not authorized to issue
20 authentic acts for use in a jurisdiction if the United States
21 Department of State has determined that the jurisdiction does
22 not have diplomatic relations with the United States or is a
23 terrorist country, or if trade with the jurisdiction is
24 prohibited under the Trading With the Enemy Act of 1917, as
25 amended, 50 U.S.C. ss. 1, et seq.
26 (4) The authentic acts, oaths and acknowledgements,
27 and solemnizations of a civil-law notary shall be recorded in
28 the civil-law notary's protocol in a manner prescribed by the
29 Secretary of State.
30 (5) The Secretary of State may adopt rules
31 prescribing:
3
9:59 AM 04/22/99 s1566c2c-13r0a
SENATE AMENDMENT
Bill No. CS for CS for SB 1566
Amendment No.
1 (a) The form and content of authentic acts, oaths,
2 acknowledgments, solemnizations and signatures and seals or
3 their legal equivalents. for authentic acts;
4 (b) Procedures for the permanent archiving of
5 authentic acts, maintaining records of acknowledgments, oaths
6 and solemnizations, and procedures for the administration of
7 oaths and taking of acknowledgments and for solemnizations;
8 (c) The charging of reasonable fees to be retained by
9 the Secretary of State for the purpose of administering this
10 section;
11 (d) Educational requirements and procedures for
12 testing applicants' knowledge of all matters relevant to the
13 appointment, authority, duties or legal or ethical
14 responsibilities of a civil-law notary the effects and
15 consequences associated with authentic acts;
16 (e) Procedures for the disciplining of civil-law
17 notaries, including but not limited to the suspension and
18 revocation of appointments for failure to comply with the
19 requirements of Chapter 118 or the rules of the Department of
20 State, for misrepresentation or fraud regarding the civil-law
21 notary's authority, the effect of the civil-law notary's
22 authentic acts, or the identities or acts of the parties to a
23 transaction; and
24 (f) Bonding or errors and omissions insurance
25 requirements, or both, for civil-law notaries.
26 (g)(f) Other matters necessary for administering this
27 section.
28 (6) The Secretary of State shall not regulate,
29 discipline or attempt to discipline, or establish any
30 educational requirements for any civil-law notary for, or with
31 regard to, any action or conduct that would constitute the
4
9:59 AM 04/22/99 s1566c2c-13r0a
SENATE AMENDMENT
Bill No. CS for CS for SB 1566
Amendment No.
1 practice of law in this state, except by agreement with The
2 Florida Bar. The Secretary of State shall not establish as a
3 prerequisite to the appointment of a civil-law notary any test
4 containing any question that inquires of the applicant's
5 knowledge regarding the practice of law in the United States,
6 unless such test is offered in connection with an educational
7 program approved by the Florida Bar for continuing legal
8 education credit except by agreement with The Florida Bar.
9 (7) The powers of civil-law notaries include, but are
10 not limited to, all of the powers of a notary public under any
11 law of this state.
12 (8) This section shall not be construed as abrogating
13 the provisions of any other act relating to notaries public,
14 attorneys, or the practice of law in this state.
15 Section 66. Section 118.42, Florida Statutes, is
16 created to read:
17 118.12 Certification of civil-law notary's authority;
18 apostilles.--If certification of a civil-law notary's
19 authority is necessary for a particular document or
20 transaction, it must be obtained from the Secretary of State.
21 Upon the receipt of a written request from a civil-law notary,
22 a copy of the document, and a fee of $10 payable to the
23 Secretary of State, the Secretary of State shall provide a
24 certification of the civil-law notary's authority which may be
25 used in support of the document submitted and any related
26 transaction. Documents destined for countries participating
27 in an International Treaty called the Hague Convention may
28 require an Apostille and the Secretary of State shall upon
29 receiving a written request from a civil-law notary, a copy of
30 the document, and a fee of $10 payable to the Secretary of
31 State, provide an apostille conforming to the requirements of
5
9:59 AM 04/22/99 s1566c2c-13r0a
SENATE AMENDMENT
Bill No. CS for CS for SB 1566
Amendment No.
1 the Hague Convention and including such other matters as the
2 Secretary of State may establish by rule.
3
4 (Redesignate subsequent sections.)
5
6
7 ================ T I T L E A M E N D M E N T ===============
8 And the title is amended as follows:
9 On page 10, line 17, after the semicolon
10
11 insert:
12 amending s. 15.16, F.S.; authorizing the
13 Secretary of State to issue apostilles;
14 authorizing a fee; amending s. 117.03, F.S.,
15 providing for the issuance of certified copies
16 of certificates of commission and certificates
17 of notarial authority; amending s. 118.10,
18 F.S.; clarifying the definition and purposes of
19 authentic acts; providing for a presumption of
20 correctness; expanding and clarifying the
21 Secretary of State's rulemaking powers with
22 regard to authentic acts, acknowledgements,
23 oaths, solemnizations of marriage, and
24 discipline, testing, bonding, and insurance
25 requirements for civil-law notaries; creating
26 s. 118.12, F.S., authorizing the issuance of
27 certificates of notarial authority and
28 apostilles to civil-law notaries;
29
30
31
6
9:59 AM 04/22/99 s1566c2c-13r0a