The Florida Senate

118.10  Florida international notary.--

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

(a)  "Authentication instrument" means an instrument executed by a Florida international notary referencing this section, which includes the particulars and capacities to act of transacting parties, a confirmation of the full text of the instrument, the signatures of the parties or legal equivalent thereof, and the signature and seal of a Florida international notary as prescribed by the Florida Secretary of State for use in a jurisdiction outside the borders of the United States.

(b)  "Florida international notary" means a person who is admitted to the practice of law in this state, who has practiced law for at least 5 years, and who is appointed by the Secretary of State as a Florida international notary.

(c)  "Protocol" means a registry maintained by a Florida international notary in which the acts of the Florida international notary are archived.

(2)  The Secretary of State shall have the power to appoint Florida international notaries and administer this section.

(3)  A Florida international notary is authorized to issue authentication instruments for use in non-United States jurisdictions. A Florida international notary is not authorized to issue authentication instruments for use in a non-United States jurisdiction if the United States Department of State has determined that the jurisdiction does not have diplomatic relations with the United States or is a terrorist country, or if trade with the jurisdiction is prohibited under the Trading With the Enemy Act of 1917, as amended, 50 U.S.C. ss. 1, et seq.

(4)  The authentication instruments of a Florida international notary shall not be considered authentication instruments within the borders of the United States and shall have no consequences or effects as authentication instruments in the United States.

(5)  The authentication instruments of a Florida international notary shall be recorded in the Florida international notary's protocol in a manner prescribed by the Secretary of State.

(6)  The Secretary of State may adopt rules prescribing:

(a)  The form and content of signatures and seals or their legal equivalents for authentication instruments;

(b)  Procedures for the permanent archiving of authentication instruments;

(c)  The charging of reasonable fees to be retained by the Secretary of State for the purpose of administering this section;

(d)  Educational requirements and procedures for testing applicants' knowledge of the effects and consequences associated with authentication instruments in jurisdictions outside the United States;

(e)  Procedures for the disciplining of Florida international notaries, including the suspension and revocation of appointments for misrepresentation or fraud regarding the Florida international notary's authority, the effect of the Florida international notary's authentication instruments, or the identities or acts of the parties to a transaction; and

(f)  Other matters necessary for administering this section.

(7)  The Secretary of State shall not regulate, discipline or attempt to discipline, or establish any educational requirements for any Florida international notary for, or with regard to, any action or conduct that would constitute the practice of law in this state. The Secretary of State shall not establish as a prerequisite to the appointment of a Florida international notary any test containing any question that inquires of the applicant's knowledge regarding the practice of law in the United States.

(8)  This section shall not be construed as abrogating the provisions of any other act relating to notaries public, attorneys, or the practice of law in this state.

History.--s. 7, ch. 97-241; s. 1, ch. 97-278.