Senate Bill 2242c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                           CS for SB 2242

    By the Committee on Judiciary and Senator Grant





    308-1887-99

  1                      A bill to be entitled

  2         An act relating to notaries public and

  3         civil-law notaries; amending s. 117.103, F.S.;

  4         providing for the issuance of certified copies

  5         of certificates of commission; amending s.

  6         118.10, F.S.; clarifying the definition and

  7         purposes of authentic acts; providing for a

  8         presumption of correctness; expanding and

  9         clarifying the Secretary of State's rulemaking

10         powers with regard to authentic acts;

11         acknowledgments, oaths, solemnizations of

12         marriage, and discipline, testing, bonding, and

13         insurance requirements for civil-law notaries;

14         creating s. 118.12, F.S.; authorizing the

15         issuance of certificates of notarial authority

16         and Apostilles to civil-law notaries; providing

17         an effective date.

18

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

20

21         Section 1.  Section 117.103, Florida Statutes, 1998

22  Supplement, is amended to read:

23         117.103  Certification of notary's authority by

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

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

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

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

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

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

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

31  notary public's original certificate of commission, which

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2242
    308-1887-99




  1  shall be legally sufficient to establish the notary public's

  2  authority to provide the services specifically authorized for

  3  a notary public by the Florida Statutes and which may be used

  4  in support of domestic transactions certificate of notarial

  5  authority. Documents destined for countries participating in

  6  an International Treaty called the Hague Convention require an

  7  Apostille, and that requirement shall be determined by the

  8  Secretary of State.

  9         Section 2.  Section 118.10, Florida Statutes, 1998

10  Supplement, is amended to read:

11         118.10  Civil-law notary.--

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

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

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

15  particulars and capacities to act of the transacting party or

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

17  the signatures of the party or parties or legal equivalent

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

19  prescribed by the Florida Secretary of State.

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

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

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

23  State as a civil-law notary.

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

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

26  archived.

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

28  appoint civil-law notaries and administer this section.

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

30  authentic acts and thereby may authenticate or certify any

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

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2242
    308-1887-99




  1  contents of an authentic act and matters incorporated therein

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

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

  4  necessary for execution of any writing or document to be

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

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

  7  deeds and other instruments of writing for record, and

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

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

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

11  Department of State has determined that the jurisdiction does

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

13  terrorist country, or if trade with the jurisdiction is

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

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

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

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

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

19  Secretary of State.

20         (5)  The Secretary of State may adopt rules

21  prescribing:

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

23  acknowledgements, solemnizations, and signatures and seals or

24  their legal equivalents for authentic acts;

25         (b)  Procedures for the permanent archiving of

26  authentic acts, maintaining records of acknowledgments, oaths

27  and solemnizations, and procedures for the administration of

28  oaths and taking of acknowledgments and for solemnizations;

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

30  the Secretary of State for the purpose of administering this

31  section;

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2242
    308-1887-99




  1         (d)  Educational requirements and procedures for

  2  testing applicants' knowledge of all matters relevant to the

  3  appointment, authority, duties or legal or ethical

  4  responsibilities of a civil-law notary the effects and

  5  consequences associated with authentic acts;

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

  7  notaries, including, but not limited to, the suspension and

  8  revocation of appointments for failure to comply with the

  9  requirements of chapter 118 or the rules of the Department of

10  State, or for misrepresentation or fraud regarding the

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

12  notary's authentic acts, or the identities or acts of the

13  parties to a transaction; and

14         (f)  Bonding or errors and omissions insurance

15  requirements, or both, for civil-law notaries; and

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

17  section.

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

19  discipline, or attempt to discipline, or establish any

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

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

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

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

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

25  containing any question that inquires of the applicant's

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

27  unless such test is offered in conjunction with an educational

28  program approved by The Florida Bar for continuing legal

29  education credit except by agreement with The Florida Bar.

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2242
    308-1887-99




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

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

  3  law of this state.

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

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

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

  7         Section 3.  Section 118.12, Florida Statutes, is

  8  created to read:

  9         118.12  Certification of civil-law notary's authority;

10  Apostilles.--If certification of a civil-law notary's

11  authority is necessary for a particular document or

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

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

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

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

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

17  used in support of the document submitted and any related

18  transaction. Documents destined for countries participating in

19  an International Treaty called the Hague Convention may

20  require an Apostille, and the Secretary of State shall, upon

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

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

23  State, provide an Apostille conforming to the requirements of

24  the Hague Convention and including such other matters as the

25  Secretary of State establishes by rule.

26         Section 4.  This act shall take effect September 1,

27  1999.

28

29

30

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2242
    308-1887-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2242

  3

  4  Amends s. 117.103, F.S., to require the Secretary of State to
    issue, upon written request and payment, a certified copy of a
  5  notary public's certificate of commission to establish the
    notary public's authority under the chapter.
  6
    Amends s. 118.10, F.S.:
  7
          To authorize civil-law notaries to authenticate any
  8        document, transaction, event, condition or occurrence;

  9        To provide a presumption of correctness regarding the
          authentic act;
10
          To clarify and expand the Secretary of State's authority
11        to adopt rules relating to form and content of certain
          acts, civil-law notary educational requirements,
12        disciplinary grounds, and requirements for bond or
          insurance.
13
    Creates s. 118.12, F.S., to authorize the Secretary of State
14  to provide, upon written request and payment, a certification
    of civil-law notary's authority, and to provide an Apostille
15  as required under the Hague Convention, for certain documents
    to be authenticated.
16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  6